ML20002B359
| ML20002B359 | |
| Person / Time | |
|---|---|
| Site: | Dresden  |
| Issue date: | 12/03/1980 |
| From: | Steptoe P ISHAM, LINCOLN & BEALE |
| To: | NRC OFFICE OF THE SECRETARY (SECY) |
| References | |
| FOIA-81-18 NUDOCS 8012110423 | |
| Download: ML20002B359 (2) | |
Text
w e
i ISHAM. LINCOLN & BEALE COUNEELORS AT LAW
- e CN C Fa m ST NAT CN AL *LAZA FOmTv-5 CCON O FLN CMcCAGC liLINCIS Sc e C3 T ELC ***C N C 312 558 7500 TCLCx! 2-52 8 8 was-iNGTCN OrriC C
-'2 0 CONN EC*iCw? avC NwC. se. w p
Q - -iNoveN.o.caces.
SuiTC sal Dece:-ber 3,19 80 aca ess eno 4
coc8ED vsvo 1.-
DEC - 8 G80 > Tl 7
1.
ottice c! the sew Secretary of the Co=1sslon g,g,; & s:-4:e
\\
q U.S. Nuclear Regulatory Co=ission trr:h Washington, D. C.
20555
/1, \\j 3
RE:
Dresden Station Unit 1 Chemical Cleaning of Primary Coolant: System NRC Docket No. 50-10
Dear Mr. Chilk:
On November 14, 1980 co=ents were submitted to the Commission on behalf of Cc==onwealth Edison Ccmpany encouraging the Commission to approve promptly the proposed chemical cleaning of Dresden Unit 1, notwithstanding the receipt by the NRC of a request for hearing from Citizens For A Better Environment ("CSE") and other citizens' groups.
Those conments were based in part on our interpretation that Section 189 (a) of the Atcmic Energy Act of 1954, as amended, does not require a prior hearing for licensing actions not involving significant hazards considerations.
This, of course, had also been the consistent interpretation of that statute by the NRC itself.
t l
On November 19, 1980 the United States Court of Appeals for the District of Columbia Circuit held in Sholly
- v. NRC, F.2d
, Nos. 80-1691, 80-1783, and 80-1784, that this interpretation of Section 189(a) is incorrect and that hearings, if requested, are required prior to the issuance of license amendments whether ordnet such amend--.y3v. u ments involve significant hazards consideratichs.- While "TC^1 Co=onwealth Edison believes the Court of Appeals.'. de' cision 3 is in error and should be reversed, to avoid further delay' we respectfully request that the NRC promptly establish as licensing board to consider Ccemonwealth Edison's request for license amendments to carry out the Dresden Unit 1..
M + s-%5 chemical cleaning project.
- ~+*
..;.7
- =ed a rt A cr..se'w30 4 % E
$h
--... ~ -.
3fg 8012110 423
-