ML20003A299
| ML20003A299 | |
| Person / Time | |
|---|---|
| Site: | Allens Creek File:Houston Lighting and Power Company icon.png |
| Issue date: | 01/30/1981 |
| From: | Black R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8102030447 | |
| Download: ML20003A299 (5) | |
Text
l 1/30/81 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of HOUSTON LIGHTING & POWER COMPANY
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Docket No. 50-466
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(Allens Creek Nuclear Generating
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Station, Unit 1)
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NRC STAFF RESPONSE TO INTERVEN0R Ffg I *_,
gf /Sg7 D0HERTY'S MOTION OF JANUARY 19, 1981 u,,
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INTRODUCTION 4
4 On January 19, 1981, Intervenor John F. Doherty, filed a documen M
"Intervenor Doherty's Motion for the Board to Call as a Witness; Demetrios Basdekas For His Contention 8 (in part), 12,17, 24, 28, 41 and 42" (Motion).
This motion requests that this Board call as its witness il this proceeding a member of the NRC Staff, Demetrios Basdekas. Mr. Basdekas is a Reactor Safety Engineer in the Reactor Safety Research Division of the Office of Nuclear Regulatory Research.
He has previously expressed his opinion with respect to the safety implications of control systems and plant dy mics which was the subject f
of Board Notification 80-15. " Differing Professional Opinion Board Notification,"
dated November 29, 1980.
Intervenor Doherty asserts that his Contentions 8, 12,17, 24, 28, 41 and 42 all are relevant to the subject matter addressed by l
Mr. Basdekas' differing professional opinion.
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II.
DISCUSSION The Staff recognizes its general obligation to lay all relevant materials before a licensing board to enable the Board to dispose of issues before it.
Consolidated Edison Co. of New York (Indian Point Station, Units 1, 2 and 3),
CLI-77-2, 5 NRC 13 (1977). This obligation would include the responsibility to inform an adjudicatory board of all differing professional opinions where relevant to the issues.
See, eg., Carolina Power & Light Company (Shearon Harris Nuclear Power Plant, Units 1, 2, 3 and 4), CLI-78-18, 8 NRC 293 (1978).
Moreover, the Commission's Rules of Practice in 10 C.F.R. 5 2.720(g)S provide a procedure whereby a board may, upon a show of " exceptional circum-stances," require the attendance and testimony of a named member of the NRC Staff if that person has direct personal knowledge of a material fact not known to the witnesses made available by the Executive Director of Operations.
While it is true that Mr. Basdekas' differing professional opinion has been the subject of a Board Notification, it cannot be establishad at this time whether that opinion on control systems is reflected in currect Staff positions l_ f 10 C.F.R. t 2.720(g) provides, in part:
In a proceeding in which the NRC is a party, the NRC l
staff will make available one or more witnesses designated by the Executive Director for Operations for oral examination at the hearing or on deposition regarding any matter, not privileged, which is relevant to the issues in the proceeding. The attendance and testimony of the Commissioners and named NRC personnel at a hearing or on deposition may not be required by the presiding officer, by subpoena or othemise:
Provided, That the presiding officer may, upon a l
showing of exceptional circumstances, such as a case l
in which a particular named NRC employee has direct personal knowledge of a material fact not known to the witnesses made available by the Executive Director j
for Operations require the attendance and testimony of named NRC personnel.
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with respect to the Allens Creek Nuclear Generating Station.
Since Staff positions on control systems have not been finalized in either the final supplement to the Safety Evaluation Report (SER) or in Staff testimony, it cannot be determined whether Mr. Basdekas' opinion will be incorporated in thosepositions.Y Nor has Mr. Doherty set out in his motion the relation-ship between his contentions and Mr. Basdekas' opinion. Absent those matters,
" exceptional circumstances" cannot be shown to exist; and this Licensing Baord should not now determine that Mr. Basdekas has " direct personal knowledge" of facts not known to the Staff witnesses who will ultimately testify on these issues.1 III.
CONCLUSION Based on the foregoing discussion, the Staff submits that this Motion should be denied at this time. The Staff will keep the Board and parties apprised of these matters and if it appears at some future date that Mr. Basdekas' opinion will not be reflected in the final Staff position on Allens Creek control systems, the Motion can be renewed at that time without prejudice.
Respectfully submitted, Um Richard L. Black Counsel for NRC Staff l
Dated at Bethesda, Maryland, this 30th day of January, 1981.
_2/ In this regard we would note that on December 24, 1980, the Comission approved the inclusion of Safety Implication of Control Systems as a new l
Unresolved Safety Issue.
See SECY-80-325.
Consequently, this new j
Unresolved Safety Issue must be addressed by the Staff in the SER before final licensing action for Allens Creek.
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-3/ Cf. Public Service Co. of New Hampshire (Seabrook Station, Units 1 and 2),
Memorandum and Order, November 6,1980 (unpublished).
UNITED STATES OF AMERICA NUCLEAR REGULATURY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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HOUSTON LIGHTING & POWER COMPANY Docket No. 50-466 (Allens Creek Nuclear Generatinq
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Station, Unit 1)
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CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO INTERVEN0R D0HERTY'S MOTION OF JANUARY 19, 1981" 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, by deposit in the Nuclear Regulatory Commission internal mail system, this 30th day of January,1981:
Sheldon J. Wolfe, Esq., Chairman
- Susan Plettman, Esq.
Atomic Safety and Licensing Board Panel David Preister, Esq.
U.S. Nuclear Regulatory Commission Texas Attorney General's Office llashington, DC 20555 P.O. Box 12548 Capitol Station Dr. E. Leonard Cheatum Austin, Texas 78711 Route 3, Box 350A
!!atkinsville, Georgia 30677 Hon. Jerry Sliva, Mayor C'ty of Wallis, Texas 77485 Mr. Gustave A. Linenberger
- Atomic Safety and Licensing Board Panel Hon. John R. Mikeska U.S. Nuclear Regulatory Commission Austin County Judge Washington, DC 20S55 P.O. Box 310 Bellville, Texas 77418 Mr. John F. Doherty 4327 Alconbury Street Houston, Texas 77021 J. Gregory Copeland, Esq.
Baker & Botts One Shell Plaza Houston, Texas 77002 Mr. F. H. Potthoff, III Jack Newman, Esq.
1814 Pine Village Lowenstein, Reis, Newman & Axelrad Houston, Texas 77080 1025 Connecticut Avenue, N.W.
Washington, DC 20037 D. Marrack 420 Mulberry Lane Carro Hinderstein Bellaire, Texas 77401 8739 Link Terrace Houston, Texas 71025 0
Texas Public Interest Margaret Bishop Research Group, Inc.
J. fiorgan Bishop c/o James Scott, Jr., Esq.
11418 Oak Spring 13935 Ivymount Ho,uston, Texas 77043 Sugarland, Texas 77478 Brenda A. McCorkle 6140 Darnell Houston, Texas 770/4 Mr. Wayne Rentfro P.O. Box 1335 Rosenberg, Texas 77471 Stephen A. Doggett, Esq.
Pollan, Nicholson & Doggett Rosemary N. Lemer P.O. Box 592 11423 Dak Spring Rosenberg, Texas 77471 Houston, Texas 77043 Bryan L. Baker
,1923 Hawthorne Houston, Texas 77098 Robin Griffith Leotis Johnston 1034 Sally Ann 1407 Scenic Ridge Rosenberg, Texas 77471 Houston, Texas 77043 Atomic Safety and Licensing
- Appeal Board U.S. Nuclear Regulatory Comission Washington, DC 20555 Atomic Safety and Licensing
- Board Panel U.S. Nuclear Regulatory Comission "r. William Perrenod Washington, DC 20555 170 fierrick
_uston, TX 77025 Docketing and Service Section
- Office of the Secretary Carolina Conn U.S. Nuclear Regulatory Comission 1414 Scenic Ridge Washington, DC 20555 Houston, Texas 77043 Mr. William J. Schuessler U.S. Nuclear Regulatory Comission 5810 Darnell Region IV Houston, Texas 77074 Office of Inspection and Enforcement l
611 Ryan Plaza Drive The Honorable Ron Waters Suite 1000 State Representative, District 79 Arlington, Texas - 76011 3620 Washington Avenue,flo. 362 Houston, TX 77007 hv Edwin J. Reis Counsel for NRC Staff i
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