ML20037B785
| ML20037B785 | |
| Person / Time | |
|---|---|
| Site: | McGuire, Mcguire  |
| Issue date: | 11/14/1980 |
| From: | Ketchen E NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Denise Wilson AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20037B784 | List: |
| References | |
| NUDOCS 8012040022 | |
| Download: ML20037B785 (2) | |
Text
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.t November 14, 1980 l
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Ccerelius, North Carolina 28C31 Cear Ms. Wilson:
Your letter dated Septeter 25, 1980 to the Nuclear Regulatory Corneission, received on Septecer 20, 1980 has been referred to ee for respcnse.
Your letter recuests tnat the hearing regarding the McGuire f acility be recpened to consider grebiets asscciated with the icw pressure cen*aincent and the danger of a nydrogen explosion at the. cGuire Pluclear facility.
You also express cencerns about emergency plans to te imples:ented for the FcGuire. uclear facility.
N An Initial Cecision appreving the coerstion of the '*cGuire facility in the 18, 1979.
In the preceeding was issued by the licensing Board on Acril Initial Cecisien, the Licensing Scard, on the basis of specific findings of fact and cenclusicns of law ordered that the Director of l'uclear Reactor
?egulation, ucon raking the recuisite findings with rescect to uncentestec Tatters not er.codied in the Inf tf al Cecisien, was authorized to issue an However, the Board stayed the operating license for the McGuire facility.
effectiveness of the Initial Decision "until further order by the Ecard folicwing the issuance of a supolement to the NRC Staff's Safety Evaluation 2ecort ("SE'4") adcressing the significance of any unresolved safety issues.'
In.' day 1980, the NRC Staff issued its Safety Evaluation Recort Supplement Based
.io. 3 (SER, Supp. 3) addressing the generic unresolved safety issues.
tuke Pcwer Cce:cany filed a on issuance of SER, Supp. 3 en May 30,1980, etion recuesting tne Licensing Board to terminate its stay of the Initial Cecision.
In regard to the matter of contairv ent rupture in ene event of a INI-2 type of accident, I have enclosed copies of Comission materials which address your concerns, f.e., 'Preposed Interim Hydrogen Contrcl Requires:ents for 22,1980); " Additional Infor::ation Seall Containments' SECY-60-107 (February Precosec Interim Hydrogen Control Requirerents', SECY-80-1C7-A (April 22, Re:
Precosed Intert:s Hydrogen Control 1980); and 'Acditional Infor-ution r=:
2ecuirerents, SECY-30-107 3 (June 20,1930).
I have also enclosed a copy of eector Cperating Licenses, Staterent o
urther Ccmtssion Guidance for Pewer "r
of Policy", (45 Fed. Reg. 41728; June 20,1980).
(* Policy Statement").
T'41-2 issues:
As exclained ir. the Policy Statvert with respect t 801204o O 2.2.
. 'Is. Cawn ?*. Wilson
- the Cormission believes that where the time for filing cententiens has excired in a given case, no new I"I-related cententions should be accepted absent a shcwing)of goed cause and balancing of factors in 10 C.F.R. C.714(a (1).
adherence to its regulations in this regard."
Cn August 15,193C, CE5G, the Intervenor in this c These rctions are generation and the potential for breach or cantaiment.
Thus, CESG's currently pending before the Licensing Board for resolut the questions of whether the record will be recpened.
Witn respect to your concerns abcut Cuke Pcwer Corpany's evacuation ola McGuire tne NRC Staff is currently reviewing Cuke's evacuation plans for tne of the U.S. Nuclear Regulatory Comnission as set fo of t. e Ccmission's regulations.
9 In addition, the Atomic Safety and Licensing Board in its Initial Cecision As to your concluded that the McGuire facility will provide needed pc or-an could result in the plugging of any McGuire discharge pipes.
v I am also enclosing a copy of the Cemission's Rules of Practice containec in 10 CR ? art 2, for your use in the event you desire to formally petitien to intersene in the proceecing before the Licensing Scard and the other criteria that must := =et before a late petition to hearing.
for a general uncerstanding of the practice and procedure governirs will be granted.
pecceedings.
!f you have further cuestions regarding this matter, you may contact the uncersigned at (301) 492-7500.
Sincerely, Edward G. Ketchen Counsel for.RC Staff 7
Enclosurt: As stated cc:
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- s. Cawn ". Wilson '
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c Cr. Enth A. Luecke Cr. Cacet 3. Hand, Jr.
J. Ficnael McGarry, III, Esq.
Nilliam Larry Scriar, Esq.
Mr. Jesse L. '4iley Atcele Safety & Licensing Ecarc Panel A:ric Safety and Licensing Appeal Scard Secretary OISTRIBUTION:(w/o enclosures)
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"s. C'wn ". Wilson "tne Cermission believes that wnere the ti. e for filing cententions m
has expirec in a given case, rc new I"I-related cententions seculd be acceptec absent a shewing of cocd cause arc balancing of the f actors in 1C C.F.R. 2.714(a)(1). The Ccrission expects strict achererce tu its regulations in this regard."
Cn Sups? 15,178C, CESG, the Intervenor in this proceeding, fileo a mtien to recpen toe PcGuire proceecings with rescect to catters involvirg hycrocen generation arc the potantial for breacn of contairrent. These m ticns are currentij penc%; before the Licensing Ecard for resciution.
Thus, CESG's ancerns, which are similar to yours, are being censidered with respect to tn cuestions of.hether the reccrd will be reccened.
With respect to your concerns aboutA evacuation olans of Cuke Pcwer Ccecany for the "cGuire facility,'the VC Staff has reviewed Cuke's I evacuatien plans for the McGuiYe facility. The NRC Staff has found that tney meet tr.e emergency o (nning re<;uirements of the U.S. Nuclear Recu-A latcry Cceissien as s forth in 10 CFR Part 50 and Part 70 cf the Cee-
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- ission's regulatic
. (45 Fed. Reg. 554CC; August 19, IM0; effective
' Movember 3,19EU.'
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rIn addition, the Atomic Safety and Licensing 3 card in its Initial Cecisien
'f ccccludec tnat the "cCuire facility will provide needed sewer.
As to yrur concern about clams in Lake Noran, we have no evidence that clams in Lake
/
Ncrean eculd' result in the plugging of any i'cCuire discharge pipes.
i I am also enclosing a copy of the Ccruission's 2ules of Practice centained in 1C CR Part 2, for ycur use in the event ycu desire to forvalTy petition to intervene in the proceedir.g before the Licensine 2oard and recuest a heari ng. These precedures also exclain the "gccd cause" shcwing recuirerent and the other criteria that mst be n'et before a late petition to inter /ene will be granted.
I reemnd tnat you also read Appendix 4 to 10 CR Part 2 for a general understanding of the practice and procedure governirg Cetmf ssion preceecings.
If you have further cueit ions regarding this atter, you *ay centact the undersigned at (201) 492-7502.
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I Edwarc G. Ketchen Ccunsel for NPC Staff
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