ML20030D934
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Septembar 14, 1901
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g MEMORANDUM AND ORDER
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7 g is FETITIONERS' ANSWER TO UCS MOTION FOR OPPORTUNITY TO RESPJAD AND FOR FURTHER RELIEF By motion dated August 31, 1981, the Union of Concerned Scientists
(" UCS " ) requested that the Commission require (1) that the petition for deadline extension filed by Petitioners 1/ in the captioned natter en June 22, 1981, and all subsequent related filings be docketed in the matter designated " Petition For Emergency And Remedial Action" and (2) that all filings be served on UCS.. 'Ihe motion also requests leave to respond by September 18, 1981, to the petition and the NRC Staff's July 31, 1981 response thereto.
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Arkansas Power & Light Company, Baltimore Gas & Electric Company, Boston Edison Company, Carolina Power & Light Company, Commonwealth Edison Company, Duke Power Company, Duquesne Light Company, Florida Power & Light Company, Iowa Electric Light & Power Company, Mississippi Power
& Light Company, Northeast Utilities, Northern States Power Company, Power Authority of the State of New York, Southern California Edison Company, Texas Utilitics Generating Company, Toledo Edison Company, Virginia Electric & Power Company, Washington Public Power Supply System, Wisconsin Electric Power Company, and Yankee Atomic Electric Company.
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Proper Docket Petitioners object to the request by UCS that this matter be docketed in the matter involving the UCS petition.
Simply stated, Petitioners seek relief not from CLI-80-21 per se, but from individual orders entered on specific dockets that imposed the compliance deadline announced by the Commission in CLI-80-21:.
See CLI-80-21, 11 NRC 707 (1980).
That Commission decision did not relate to any specific operating license or have binding legal effect on The Commission decision was neither rule-any licensee.
From a making nor an adjudication on a specific docket.
legal perspective, CLI-80-21 was a generic declaration of
. policy prqscribing the criteria and guidance to be used by the Staff for verifying compliance with General Design Cri-for the environmental terion 4 of 10 C.F.R. Part 50, Appendix A, It did not actually qualification of Class IE equipment.
f impose those criteria and guidance on any licensee.
In order to implement the Commission's guidance in the Staff was required to issue orders to individual CLI-80-21, 1980, the Staff By orders issued on October 24, licensees.
amended operating licenses to include in plant technical specifications, inter alia, the requirement that "[b]y no later than June 30, 1982, all safety-related electrical in the facility shall be qualified in accordance equipment 4
, with the provisions of" the DOR Guidelines or NUREG-0588. 2/
There was no mention in the ordering clause of the UCS petition or even the Commission's decision in CLI-80-21.
When it became apparent to Petitioners that the June 30, 1982, deadline imposed by the orders was unachievable, they elected to seek generic relief from that deadline from the Commission.
That approach was necessary because the Staff had already stated that it could not grant relie'f :from the deadline.
Because the Peititoners were not parties to
, the mat'ter which cubminated in the issuance of CLI-80-21, and because that matter had been terminated with the dis-position of the UCS petition, there was no obligation or reason to caption the petition for deadline extension as relating to the UCS petition.
Rather, the petition was properly captioned "In the Matter of CLI-80-21, Commission Memorandum and Order" because it was in CLI-80-21 that the Commission had provided the policy directive's (including the deadline) to the Staff.
The petition for deadline extension could just as easily have been captioned "In the Matter of Petition for Modification of October 24, 1980 Orders."
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Division of Operating Reactors " Guidelines for Evaluating Environmental Qualification of Class IE Electrical Equipment in Operating Reactors" (" DOR Guidelines");
NUREG-0588, " Interim Staff Position on Environmental Qualification of Safety-Related Electrical Equipment,"
December 1979.
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At bottom, the request by UCS that the petition be redasignated and redocketed elevates form above substance and is otherwise inappropriate, as discussed above.
For these reasons it should be denied.
II.
Service As to the UCS request that it be served with filings regarding the petition for deadline extension, that request also should be denied.
UCS stands in no different position from any other member of the public in the context of the petition for deadline extension.
Accordingly, UCS should obtain copies of the filings in this matter from the NRC Public Document Room, as would any other member of the public.-
III.
UCS Response-Finally, as to the UCS request that it be permitted to resp,ond by September 18, 1981, to the petition for dead-line extension and the Staff's response thereto, we submit that the Commission should not delay consideration and dis-position of the petition to await receipt of a UCS response.
Obviously, the Commission is not barred from considering t
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any public input it receives on the petition for deadline extension prior to Co==ission disposition.
Respect ul y s mitted,.
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- Nichol, S.
eynolds DESEVOI ISEPyJd4 1200 S n*
nth Street, N.W.
Washingtdn, D.C.
20036 (202) 857-9817 Counsel to Arkansas Power & Light Company, Baltimore Gas
&. Electric Company, Boston Edison Co=pany, Carolina Power & Light Co:pany, Cc=monwealth Edison Co=pany, Duke Power Company, Duquesne Light-Company, Florida Power &
Light Company, Iowa Electric Light & Power Company, Mississippi Power & Light Company, Northeast Utilities, Northern States Power Co:pany, Power Authority of the State of New York, Southern California Edison Company, Texas Utilities Generating Company, Toledo Edison Company, Virginia
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El'ectric & Power Company, Washington Public Power Supply System, Wisconsin Electric Power Company and Yankee Atomic Electric Company.
September 14, 1981 1
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1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION
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In the Matter of
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CLI-80-21, COMMISSION
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4 MEMORANDUM AND ORDER
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i' CERTIFICATE OF SERVICE I
I hereby certify that copies of " Petitioners' Answer to UCS Motion For Opportunity To Respond And For Further Relief" dated September 14, 1981 in the captioned matter, have been served upon the following by deposit in the United Stttes mail this 14th day of September, 1981.
Nunzio J. Palladino, Chairman Richard E. Jones, Esq.
U.S. Nuclear Regulatory Associate General Counsel Commission Carolin& Power & Light Company Washington, D.C.
20555 Legal Department Post Office Box 1551 John F. Ahearne, Ccmmissioner Raleigh, North Carolina 27602 U.S. Nuclear Regulatory Commission' William L. Porter, Esq.
Washington, D.C.
20555 Associate General Counsel l
Duke Power Company Peter A.
Bradford, Commissioner Legal Department U.S. Nuclear Regulatory P.O. Box 33189 Commission Charlotte, North Carolina 28242 Washington, D.C.
20555 W. G. Counsil Victor Gilinsky, Commissioner Senior Vice President U.S. Nuclear Regulatory Northeast Utilities Commission Post Office Box 270 Washington, D.C.
20555 Hartford, Connecticut 06101 Chase Stephens Thomas G.
Dignan, Jr., Esq.
Docketing & Service Section Ropes & Gray
.U.S.
Nuclear Regulatory 225 Franklin Street Commission Boston, Massachusetts 02110 Washington, D.C.
20555 Ellyn R. Weiss, Esq.
Samuel J.
Chilk, Secretary Harmon & Weiss U.S. Nuclear Regulatory 1725 Eye Street, N.W.
Commission Washington, D.C.
20006 Washington, D.C.
20555
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,. Philip R.,Steptoe, Esq.
James N. Christman, Esq.
Isham, Lincoln and Beale Hunton & Williams One First National Plaza Post Office Box 1535 Chicago, Illinois 60603 707 East Main Street Richmond, Virginia 23212 Jay E.
Silberg, Esq.
Shaw, Pittman, Potts &
Leonard Bickwit, Esq.
Trowbridge General Counsel 1800 M Street, N.W.
U.S. Nuclear Regulatory Washington, D.C.
20036 Commission Washington, D.C.
20555 James Lieberman, Esq.
Counsel for NRC Staff U.S. Nuclear Regulatory Commission Washington, D.C.
20555
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