ML20033D371

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Partially Deleted Secy Paper,Advising Commission of Denial 10CFR2.206 Petition for Enforcement Action
ML20033D371
Person / Time
Site: Millstone  Dominion icon.png
Issue date: 11/06/1981
From: Malsch
NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:
Shared Package
ML18058B973 List:
References
FOIA-92-436, TASK-AINV, TASK-SE 2.206, SECY-81-639, NUDOCS 8201110336
Download: ML20033D371 (4)


Text

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SECY-81-639_

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November 6,1981 f.'

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c, ADJUDICATORY ISSUE (Notation Vote)

For:

The Commissioners From:

Martin G. Malsch Deputy General Counsel REVIEW OF DIRECTOR'S DECISION ON 2.206 PETITION Subiect:

(NORTHEAST NUCLEAR ENERGY COMPANT)'~

Facility:

Millstone Nuclear Power Station, Units 1 & 2 To advise the Commission of the den of a

Purpose:

g lj, petition for enforcement 3gpion and to recommend i

Review Time Expires:

November 20, 1981.

Discussion:

On August 5, 1981, Andrea Gaines requested the Director of the Of fice of Inspection and Enforce-ment (I&E) to initiate a proceeding to suspend or revoke Mi11 stone's operating license until the plant's 15-minute public notification system is established.

Her request was prompted by'NRC's regulation that requires that such systema be

. established by July 1, 1981 (45 F.R. 55402, 55412, August 19, 1980).

. Information in this record nas deitted As noted in the Director's Denial, the Commission in accordante with the freedom cf infcrmation has proposed extending the date for implementation s'

    • 9 Act, nem;: lions FDP* fb VJ4 power plants until February 1, 1982, due to industry-wide difficulties in procurement and installation of necessary equipment (46 F.R.

46587, September 21, 1981).

In support of the proposed extension and his decision not to take enforcement action in this case, the Director of I&E cited the significant improvement in the level of emergency preparedness at a representative num-ber of plant sites.

In addition, in the Director's,

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CONTACT:

Marian E. Moe, OGC 6

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Tho Commissioners.

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.c opinion,.the Millstone facility.has adequate:varnin'!

- systems to assure that " appropriate protective measures can -and will be taken* during _the extended ;

period of time pending full-compliance with. the.

l requirement. _ These include a -radio pager~ --fixed.

l and mobile communication-equipment'and customary:

warning systems. :In the Director's view,-the Millstone site does not raise any unique problems; which should exempt it from the p w d generic j

extension of time for compli,ancej-

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Recommendation:

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4 Martin G. Malsch Deputy General Counsel 1

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.a Attachments:

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Gaines Letter l

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Director's Decision i

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3 Commissioners' cor:nents should be provided directly to the Office of the Secretary by c.o.b. Friday, November 20, 1981.

Commission Staff office comments, if any, should be submitted to the Commissioners NLT Nove:nber 13, 1981, with an information copy to the Office of the Secretary.

If the paper is of such a nature that it requires additional time for analytical review and comment, the Commissioners and the Secretariat should be apprised of when comments may be expected.

DISTRIBUTION:

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