ML19347B002
| ML19347B002 | |
| Person / Time | |
|---|---|
| Site: | Point Beach  |
| Issue date: | 09/17/1980 |
| From: | Jenny Murray NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Falk K WISCONSIN'S ENVIRONMENTAL DECADE |
| References | |
| ISSUANCES-CO, NUDOCS 8010010135 | |
| Download: ML19347B002 (1) | |
Text
,.
/,:.o
- s,'
d y' ',g,.
'o, ur.1 i o s rm r s
- \\;, a f.g[,g NUCLEAR REGULMORY COMt.ilSSION
- ..
- '.f]g nwnnaion. o. c. 20sss 4
September 17, 1980 fis. Kathleen Falk General Counsel
!!isconsin's Environ lental Decade, Inc.
302 East !!ashington Avenue
!'adison, Fisconsin 53703 i
Re: Nisconsin Electric Power Company Docket t!o. 50-266 C0 i
Point Peach !!uclear Plant,lnit 1 Decr "s. Falk:
l Your tugust 26, 1980 letter to the members of the fluclear Regulatory Cn~ mission concerning the Point Beach Unit 1 fat.ility has been referred to re for response.
Since your letter deals with matters currently before an Atoqic Safety and Licensing Coard which the Commission may be called upon to review, it otould be inappropriate for the Conaission to cor. rent on your letter at this time.
The concerns expressed in the referenced letter to the Comissioners are similar to the concerns raised in your letter of August 26, 1930 to the Atomic Safety and Licensing Board which has been designated to rule on your request for a hearing. The Staff intends to respond to the concerns expressed in your letter to the Licensino Soard shortly.
A copy of your letter and this response will be sent to the Atomic Safety and Licensi.; Board and all participants in the proceeding.
Sincerely,
,(
James P. fturray Director and Chief Counsel Rulemaking and Enforcer.ent Division Office of Executive Legal Director
]
D**
'9' 8010ez o 1,3 f S
o 9
tA.6 ;s e a GArAr. Cw.m ?>16 f Y"*
'Wf t OWD Of DMCIORS 1
)
hot }tn N rst. Iw.L" a iMCtOD fefe' Aid ">on. sM sJi A% o'oJ fr ref.fr IM.:en TA f./o thse N y.
D29 Kto'I. Koe uneit.ios Fic4 &..g. T,, S.tr hof ))n feess
[p t r. n T _re.' rd th: ford Best*A
- y. d '
K'N'MO IU"" ISA. N' W CO'M Q.
Va.si.! h.'..ss tJ.:t h s $"oy IsQ
' Y.
- N.M )
=t S*.r ' h a cq Nys:y Scsco e
1W3 J 1. c bs itsyros Von N,eo
$. N/
Ne r *N 11picos Ve: toro Wob'.n
'?
JA 'S I e. SJy Arras We.rboeJ J y res W1.*o
'. ? :..y./,. ; r..;.,; '., c.... *.'.....,'... ;., 7. );
s.: <M. W.* ?.-)
A'ugust 26, 1980
'I11e Honorable John F. Ahearne, Chaianan Victor Gilinsky, corrnissioner Jo c eph M. llend rie, Cortissioner Teter A. Bradford, Commissioner U. S. Nuclear Regulatory Commicsion l
1.*a nh i ng t on,
D. C.
20555 4
Re: Wisconsin Electric Power Cor pany Docket 50-266 (Point Beach Nuclear Plant Unit 1)
Gentlemens We are writing to you in your legal role as the superintending authority over the Sta ff and as the persons politically respansible for actions taken by Staff that adversely reflect on the Commission's credibility--all in connection with the Staf f's rest recent handling of the steam generator tube degradation problem at Point Beach 1.
As you may recall, Point Beach 1 began experiencing the worst observed rate of steam generator tube degradation of any corrnercial reactor in this country in August 1979.
Since that time, the Sta f f has issued a series of orders that rm'parialized olerational modifications prolosed by the Licensee, but which did sut adapt nore stringent measures that we had urged.
In accordance with the last of these orders, the April 4,1980 Modificatior<
of November 30, 1979 Order, Point Beach 1 was shut down for it.s 90 effective-full-lover-day inspection of steam generator tubes on July 25, 1980. The April 4 Padification had reiluired written approval from the Sta ff before the unit was Wrmitted to return to service.
The Staff's earlier Ibvember 30, 1979 and January 3,1980, as well as the April 4, 1980, actions allowing restart a fter tube inspections had also been issued in the form of orders that, more specifically: (1) required written approval from the Staff before returning to service after the next inspction and (2) of fered the right of an ajudicatory hearing on the action to an aggrieved prty.
Itowever, the Sta ff 's action following the July-August 1980 inspaction outage at Point Beach 1 marked an abrupt 'deprture from this past practice that, we
//
BOO gh[ - Jy or
o 2
.s lion. John F. Abe,s tne, Victory Gilinuky, Joceph llendrie and Peter Bradford 4
August 26, 1980 Page 2 iclieve, should be inade known to the full Cor. mission.
For this time, instead of issuing an order similar to the prior orders authorizing restart, rerluiring written approval before returning to service 6
af ter the next insicction and offering the orportunity for an ajudicatory hearing, a let.ter dated August 8, 1980 was issued authorizing restart, elluding to some infornal understanding between Staff and Licensee about a future inspection and providing no writt.cn offer of an opiortunity for an ajudicatory i
hearing.
i l
In convernations bet. ween ourselves and Sta ff, the Staff conceded that the Impone in changing the form of its action at this time was to att.c :pt to I
climinate the argument we had made following the p-lor orders that persons other than the Licensee had a non-discretionary right to a hearing under the 4
laws of standing.
It is our considered opinion that this kind of action strongly implies that rome of the Sta ff is deliberately acting to thwart meaningful and resiensible public turtici ution by abusing ministerial autharity over the legal form of t
the agency's orders.
The corr:nission's own inves;gation in the aftermath of the accident at Three Mile Island 2 concl u?.a that the agency 's hearing procedures at that time were "a sham".
Rogo /in, Three Mile Island (1979), at 139. Since that time the Commission has been i n trial in the court of public opinion to determine if it will reform itself without the necessity of snore drastic outside intervention.
You should, in our view, consider whether actions such as that most recently taken by the Staf f in regard to Point Beach I will hinder the restoration of trust by the public in this agency.
Sincerely, L
WISCONSIN 'S E?NIRO!;;'E!;TAL DECADE, INC.
By 4' N u,_ /,5 r $<.~d.
GTHLEEN M. FALK Ger.o ral Coun sel KMP/mt cc: Karen Cyr Gerald Charnoff Patrick Walsh Ellyn Weiss i
.m.
~._
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFnRE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
l WISCONSIN ELECTRIC POWER COMPANY h
Docket No. 50-266 C0 (Point a
Nuclear Plant, (tiodification of License)
CERTIFICATE OF SERVICE I hereby certify that copies of VARIOUS LETTERS TO THE COMMISSION AND THE STAFF'S P,ESPONSE (letters to Senator William Proxmire and Congressman Clement Zablocki from William Dircks, Acting Executive Director for Operations dated September 12, 1900 and a letter to Kathleen Falk, !!isconsin's Environmental Decade Inc. fron James Hurray, Office of Executive Legal Director dated September 17,1980).in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Comission's internal mail system this 19th day of September,1980.
Herbert Grossman, Esq.*
Kathleen M. Falk, Esq.
Chairman Wisconsin's Environmental Decade, Inc.
Atomic Safety & Licensing Board 302 East Washington Avenue U. S. Nuclear Regulatory Commission Madison, Wisconsin 53703 Washington, D. C. 20555 Gerald Charnoff, Esq.
Dr. Richard F. Cole
- Shaw, Pittman, Potts & Trowbridae Atomic Safety & Licensing Board 1800 M Street, N.W.
U. S. Nuclear Regulatory Comission Washington, D. C. 20036 Washington, D. C. 20555 Wisconsin Electric Power Company Dr. J. Venn Leeds Attn: Mr. Sol Burnstein, Exec. V. Pres.
10807 Atwell 231 Hest "ichigan Street Houston, Texas 77096 Milwaukee, '!isconsin 53201 Atomic Safety & Licensing Board Panel
- Patrick 'dalsh, Esq.
U. S. Nuclear Regulatory Commission Assistant Attorney General Washington, D. C. 20555 State of Wisconsin / Dept. of Justice 114 East, State Capitol Atomic Safety & Licensing Appeal Board
- Madison, Wisconsin 53702 U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Docketing & Service Section Office of the Secretary
/
3 U. S. Nuclear Regulatory Comission
- 7) h U.
Washington, D. C. 20555 Karen'O. Cyr g
Counsel for ND,C Staff