ML20040G297
| ML20040G297 | |
| Person / Time | |
|---|---|
| Site: | Washington Public Power Supply System |
| Issue date: | 12/17/1981 |
| From: | Jenny Murray NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Harold Denton Office of Nuclear Reactor Regulation |
| References | |
| NUDOCS 8202120130 | |
| Download: ML20040G297 (4) | |
Text
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December 17,.1981 N~
ITJt0RNIDlE FOR:
Harold R. Denton, Director zQ u,
Office of Iuclear Reactor Peculation J
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Janes P. I urray, Director
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SUBJECT:
PETITIO!! UfDER 10 C.F.R. 2.205 -
Mi HPPSS Hl!Ct. EAR PROJECT N0. 4 i
i Enclosed is a copy of a petition under 10 C.F.R. 2.206 from the Coalition for Safe Power of Portland, Oregon. The petition requests issuance of an, order to show cause why the construction pemit for UPPSS t'uclear Project flo. 4 should not be revoked on the basis of alleged caterial false statenents nade by WPPSS with regard to its reasons, outlined in its July 21, 1981, application, for extension of the construction pemit.
I also enclose a draft acknowledgnent.etter and Federal Penister notice which should be issued pronptly.
If these docut"ents are issued as appears in the enclosed drafts, they need not te returned to ny office for concurrence.. Please ensure, however, that all future correspondence regarding this matter is referred to tre for concurrence, i
The Staff should also promptly detemine the nerits of the petition. The petitioner has alleged essentially that UPPSS rade a naterial' false
- statement by onission, i.e., by not listing in its request for pemit i
extension financing considerations as a reason for delay in conpletion of
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the project. The Connission has held in its VEPC0 decision, 4 f!RC 480, 491 (1976), that " material false statenents" encompass "onissions of naterial data". Whether the ocission is'natorial depends on consideration of the context in which inforratinn appears, the stage of the licensing process I
involved, and whether the infomation "has a natural tendency or capability L
to influence a reasonable agency expert".
1 In detemining the appropriate response to the 2.206 petition at hand, the l
Staff should be prepared to address the following patters:
i
. the scope of the statement in the licensee's July 21st letter and any qualifications on that statement;-
i CONTACT:
Stephen G. Burns certified 37-. -k, e 7
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)~ whether the alleged omission nakes tho' July 21st letter F
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l whether the staff already knew the enitted infomation and j
whether the licensee could have reasonably expected that the staff knew the information; whether the infomation has any bearing on the request for t
extension.
!!y staff will assist and advise your staff in preparation nf the final response to the petition.
A i
Janes P. Furray Director and Chief Counsel l
Rulemaking and Enforcenent Division
Enclosures:
1.
Inconing petition 2.
Draft letter 3.
Federal Register notice DISTRIBUTION ELD Rdr
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NRC Central /
D. Eisenhut, NRR Subj.
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