ML20030D255
| ML20030D255 | |
| Person / Time | |
|---|---|
| Site: | Dresden  |
| Issue date: | 08/26/1981 |
| From: | Marc-Anthony Murray ILLINOIS, STATE OF |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-SP, NUDOCS 8109010079 | |
| Download: ML20030D255 (4) | |
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Of c-q UNITED STATES OF M1 ERICA NUCLEAR REGULATORY COMMISSION 6;
AUG28Jggg,.-3 THE ATOMIC SAFET-' AND LICENSING BOARD OTl:q cp,, eq g
L A 1.. a 3 R:y;ce D:r,A In the Matter of
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Docket Nos. 50-237-S cn COMMONWEALTH EDISON COMPANY
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50-24 ao
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(Spent Fuel Poo gg (Dr'sden Station, Units 2 & 3)
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INTERVENOR'S PESPONSE TO APPLICANT'S MOT 10N TO INSTALL
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Il FIVE RACKS V,\\,
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n Intervenor, People of the State of Illinois, by Tyrode C g m
Fahner, Attorney General of the State of Illinois, opposes Appli-cant's Motion for a Partial Initial Decision approving installa-tion of five racks, and requests the Board to deny said Motion for the reasons given below.
NRC rules and regulations are designed to provide an orderly decision making process which insures the highest possible degree of safety when granting licenses.
Presuming that the five racks were installed prior to the issuance of any findings, conclusions or Initial Decision of the Eoard, it is possible that subsequently, the Initial Decision of the Board could require certain procedures and measures to be taken for the preparation and installation of the racks (e.g.,
issues were raised about racks being re-ceived and stored without written procedures available*; it is possible that the Board could require certain inspections of thesa racks prior to installation).
Thus, for the five racks po3
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8109010079 810826' PDR ADOCK 05000237 G
installed prior to the Initial Dec;4 ion, the purpose of the a
license amendment procedure would be effectively circumvented, and additonally, the safety of these fiva racks could be compro-mised.
Additionally, it is unclear on what basis applicant is making this motion.
From the cases cited in Applicant's Motion, it will be assumed that by " Partial Initial Decision" Applicant is referring to findings made by the Board prior to the Initial Decision j
rather than an Initial Decision and all its legal ramifications.
Unquestionably, the Board has authority to make findings prior to the issuance of a license provided that those findings are subject to reconsideration should supervening developments so--
warrant Potomac Electric Power Company (Douglas Point Nuclear Generating Station, Units 1 and 2) ALAB-227, 1 NRC 539, 545 (1975).
However, installation of five racks is, for all practical purposes, irreversible, and thus there would have to be virtually no risk that the findings allowing installation of these racks would be changed.
~~.4e standard is not whether installation of the five racks is a matter of major significance to safety, but whether or not in-stalle. tion of these five racks now would preclude compliance with the Final Decision of the Board.
If the possibility exists that installation now would result in such noncompliance, Applicant's Motion should be denied.
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l It is unfortunate that Applicant was not fully prepared to go forth with the hearing in November, so that at this point, a decision would ? ave been reached.
Intervenor will hand deliver this response to Applicant, and send copies to counsel for the 4
NRC and the Board by Federal Express.
In conclusion, Intervenor states that through this motion Applicant is asking for permission to do something that might not
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be permitted under the Beard's Initial Decision.
If Applicant's 1
i Motion is granted, the license amendment proomhre will be rendered meaningless.
Thus, Intervenor respectfully requests that the
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Board deny Applicant' Motion.
Respectfully submitted, PEOPLE OF THE STATE OF ILLINOIS j
TYRONE C.
FAHNER Attorney General State of Illinois h
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[llhyl BY: /
K6 Y JC p~ JRRAY g
i Ass 'sta.dt Attorde% General Environmental Control Division 188 West Randolph Street Suite 2315 Chicago, Illinois 60601 DATED:
August 26, 1981
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1-UNITED STATES OF AMER.' ?A NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter Of
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Docket Nos. 50-237-SP
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50-249-SP COMMONWEALTH EDISON COMPANY
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(S[e[fg efgPool (Dresden Stations, Units 2 & 3)
CERTIFICATE OF SERVICE I hereby certify that copies of Intervenor's Response to Applicant's Motion to Install Five Racks in the above-captioned proceeding have been served on the following by deposic in the United States mail, first class, postage prepaid:
Atomic Safety and Licensing 4ppeal Board Panel U.S.
Nuclear Regulatory Comm.;slon Washington, D.C.
20555 Docketing and Service Section, U..c. Nuclear Regulatory Commission Washington, D.C.
20555 i
on the following by deposit in the United States mail, express mail, l
postage prepaid:
Atomic Safety and Licensing Board Dr. Linda W.
Little United States Nuclear Regulatory Commission 5000 Hermitage Drive l
Washington, D.C.
20555 Raleigh, North Carolina 27612 John F. Wolf, Chairnian Dr. Forrest J. Remick 3409 Shepherd Street 305 E.
Hamilton Ave.
Cheby Chase, Maryland 20015 State College, Pa. 16801 Richard Goddard, Esq.
Office of the General Counsel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 and on the following by hand delivery:
Phillip P.
Steptoe, Esq.
l Isham, Lincoln and Beale One First National Plaza
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Chicago, Illinois 60603 a
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f i L August 26, 1981
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TO:
Docu=ent Control Desk, 016 Phillips J
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FROM:
Docketing 6 Service Branch, Office of the Secretary A,s
SUBJECT:
REQUEST FOR DISTRIBUTION SERVICE THROUGH REGULATORY INFORMATION jg DISTRIBUTION SYSTEM (RIDS)
NOTE:
The attached document, which relates to a specific licensing docket, is the DOCUMENT CONTROL ACTION COPY.
It is certified by the Office of the Secretary as the best available copy.
RIDS CODES AND TITLES Rids Code Description DS01 Antitrust Issuances n'
Non-Antitrust Issuances SO Filings (Not Originated by NRC)
Antitrust Filings (Originated by Non-Parties)
DS05 Non-Antitrust Filings (Originated by Non-Parties)
DS06 ELD Filings (Antitrust)
DS07 ELD Filings (Non-Antitrust)
DS08 Antitrust Filings (Not priginated by NRC)
ADD:
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