ML20031H533
| ML20031H533 | |
| Person / Time | |
|---|---|
| Site: | Point Beach  |
| Issue date: | 10/20/1981 |
| From: | Falk K WISCONSIN'S ENVIRONMENTAL DECADE |
| To: | Bloch P, Kline J, Paxton H Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OLA, NUDOCS 8110280072 | |
| Download: ML20031H533 (3) | |
Text
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Wisconsin's Environmental Decade
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114 Nortti Carroll Street Madison, WI 53703 October 20, 1981
~ 608) 251-7020
~81 OCT 23 P4:20
(
Peter B.
Bloch, Chairman W
Atomic Safety & Licensing Board OFFICE OF SECRETARf U.
S.
Nuclear Regulatory Commis%tprETING & SEnvlCE CEARD OF DIRECTORS Washington, D.
C.
20555 BRANCH
['rgN,
%cnotas seav.
/
03oe"5o'aerson Dr. Hugh C.
Paxton Peter An 1229 -41st Street V
'Of prof. cecrge secker
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ri ;eanne Depose Los Alamos, New Mexico 87544 IF" tratnleen M. Falk
$clar"a te$"masn Dr. Jerry R.
Kline k p IOd/q h Jucith unasay Atomic Safety & Licensing Boardi Ricn t'$$e U.
S. Nuclear Regulatory Commifsion
$!Qt%q,
da PA s3ac Prof. Jonn Neess Washington, D.
C. 20555 Q
ocug Neison 6
{cnara p Re: Wisconsin Electric doyN j o'mpany n
/i g n, A ea Dr. victona watson Point Beach Nuclear Plant Anne Weinberg Dockets 50-266 and 50-301 James woite Operating License Amendment STAFF (Steam Generator Tube Sleeving)
Prof. Jonn Neess.
O m rer Gentlemen:
Peter Anderson, Orrector o vuonc wa rs scencersiack.
Reference i;; made to the Licensee's '.etter to e,
,,c
, soorm.ca svee#st the Director of NRR, dated October 12, 1981, with
~e wore coore,,ror regard to jurisdiction over t i. e technical
$v2r.E$//c$ne' n,ro, specification amendment to permit demonstration h
garn'een M. Falk, sleeving.
Omro' o' legal AHIr5 oorotny tagerroos'
~
B y 'l'e t t e r dated Ju1y 2',
1981, the Licensee rec eect.n retor catnegj,peyottenson.
made application to amend its technical caw segan, specifications f or Point Beach Nuclear Plant "to permit repair of degraded or defective steam generator tubes by sleeving."
Letter from S.
Burstein(WE) to H.
D en ton ( NRR),
dated July 2,
1981.
In anticipation of impending notice in.the Federal Register, the Intervenor submitted,to the Commission a petition for a hearing on the proposed amendment.
Sg Petition of W_sconsin's Environmental Decade for Admission as a Party, Hearing and Environmental Impact Statement, dated July 20,19 81.
3 50 g$
This proceeding was officially noticed by 7
publication in the Federal Register of August 7, t O 1981, commencing this proceeding :o consider the Licensee's application to amend its technical specifications so as "to permit repair of degraded or def ective steam generator tubes by sleeving".
En 4 6 F.R-152, at 40359(Aug. 7, '81).
Present technical specifications require that tubes which 0110280072 811020 exceed the plugging limit "must be removed f rom PDR ADOCK 05000266 G
/
service" by plugging and do not contemplete their restoration to service by sleeving.
Egg Peint Beach Technical Specification 15.4.2-lC.
By order of the Commission dated August 21, 1981, and_ docketed August 25, 1981, pursuant to the aforesaid notice in the Federal Register, "an Atomic Safety and Licensing Board
[was]
[this] proceeding to rule ca established 1 eave to intervene and/or requests petitions for hearing
.d to preside over the proceeding in the event a
hearing is ordered".
Egg Establishment of Atomic Safety and Licensing Board to Preside In Proceeding, docketed August 25, 1981,- at 1.
[ Emphasis added.]
Shortly thereafter, the " Licensee reauestledl thg Board to guthorizg thg Staff to amend the Technical Specifications of Facility Operating License DPR-24 to enable [ interim operation of Point Beach Unit 1 with up to six tubes which have exceeded the plugging limit, but which have been repaired by sleeving rather than plug g ed ]."
This was intended to permit return to power after a
" demonstration" program of sleeving during the Fall 3981 refueling outage.
Egg Motion for Authorizatio_n for Interim Operation of Unit 1 with Steam Generator Tubes Sleeved Rather Than Plugged, dated September 28, 1981, at 8.
[ Emphasis' added.]
In response to the motion for. interim relief, the Board proceeded, in an " extraordinary action",
to drastically accelerate the conduct of this proceeding and took every effort to insure that the Licensee's motion was considered prior to the time requested--even though it was recognized "that the need for expedition has been created by WE, which delayed filing its amendment only because of an incorrect assumption that a hearing would not be necessary."
San Memorandum and
- Order, dated October 1,
- 1981, at 2 and 5.
Then, in the Licensee's letter dated October 12, 1981, to NRR, it suddenly requested the Staf f to authorize a
footnote to the technical specifications so that " Point Beach Nuclear Plant Unit 1 may be operated at power with up to six tubes in one steam generator having degradation exceeding the' plugging limit provided these tubes have been repaired by insertion of sleeves into the tubes to bridge the degraded or defective portion of the tubes"--that is to say to permit the exact same interim relief for which it had w
s e
- 3 applied to this Board less than two weeks earlier.
Letter from S.
Burstein(WE) to H.
D'en t on ( NRR),
dated October 12,19 81, at 2.
It would appear -that the Licensee is attempting-to-unilaterally usurp the jurisdiction-of this Board, which has been duly conferred from the Commission, by the expedient of a letter.
This is to. request the_ Board to inform-the Licensee that its disagreement w i th t h e establishment of this Atomic Safety and Licensing.
Board must be taken to the Commission with a formal motion, not in a letter to the Staf f.
.If the Licensee is permitted to continue on its course, the Board's consideration of the motion for interim relief, including the hearings presently scheduled-f or October 29 and 30,1981, would be superfluous.
At the same time, it should be clear that the Intervenor opposes the Licensee's action as wholly improper.
Sincerely, WISCONSIN'S ENVIRONMENTAL DECADE, INC.
kg %%kk by KATHLEEN M.
FALK Director of Legal Affairs KMF/cm-P:50266NRC.Lll cc: Bruce W. Churchill, Esc.
Charles A.
Barth, Esq.
Docketing D
-6 s
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