ML20041A451

Response Opposing Wi Environ Decade 820202 Motion to Dismiss Portion of Licensee Application Requesting Authorization to Repair Steam Generators by Sleeving.Repair No Contemplated But May Be Required.W/Certificate of Svc

ML20041A451
Person / Time
Site:	Point Beach
Issue date:	02/16/1982
From:	Churchill B SHAW, PITTMAN, POTTS & TROWBRIDGE, WISCONSIN ELECTRIC POWER CO.
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20041A448	List: ML20041A447 ML20041A451
References
NUDOCS 8202220175
Download: ML20041A451 (4)

Text

__ - _ _ _ - _ _ _ _ _ - _ _ - - _ _

Fcbrucry ;16,r1982 in u UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION'82 FEB 18 A10 52 Before the Atomic Safety and Licensing. Board; .

iWCaI!Ti & lee 6314to In the Matter of )

)

WISCONSIN ELECTRIC POWER COMPANY ) Docket Nos. 50-266

) 50-301 (Point Beach Nuclear Plant, ) (OL Amendment)

Units 1 and 2) )

LICENSEE'S RESPONSE TO INTERVENOR'S MOTION TO DISMISS THE APPLICATION IN PART Decade's Motion To Dismiss The Application In Part,"

dated February 2, 1982 (postmarked February 3, P.M.) requests that the Board dismiss without prejudice that part of Licensee's application in this proceeding which requests authorization to perform repairs in the Unit 1 steam generators using sleeving techniques. In support of its motion, Decades cites the January 15, 1982 letter from counsel for Licensee to the Board (informing the Board of Licensee's decisions to proceed with full-scale sleeving of Unit 2 in spring 1983 and to commence replacement of the Unit 1 steam generators during the fall 1983 outage at that unit.) Decade also references the January 27, 1982 letter from counsel for Licensee to Decade, which re-sponds to Decade's January 22, 1982 letter inquiry.

Licensee opposes Decade's motion. As counsel for Licensee emphasized in his January 27, 1982 letter, Licensee still plans to make "[r]epairs at either unit * *

• as the situation indi-cates at any given time, consistent with applicable license 8202220175 820216 PDR ADOCK 05000266 C PDR

4 .

conditions." Thus, while full-scale sleeving of Unit 1 is not presently contemplated, further repair of those steam generators

-~

• /

by sleeving may be required. Decade is thus simply incorrect in its assertion that "the possibility of sleering Unit 1 is no longer contemplated."

Considerations of judicial and administrat.tve economy, as well as adjudicative efficiency, also militate a7ainst Decade's motion. The administrative review and adjudicative hearing of the application with respect to Unit 1 is virtually identical to those procedures for Unit 2. Thus--contrary tc Decade's

. assertions--while the proposed severance of the application might well result in additional expenditure of jud;cial and administrative resources (on later review and possible hearings with respect to Unit 1), review and litigation of a consolidated application for both units at this time will require no duplica-tion of administrative effort, either by the NRC Staff or the Board, and will not be unduly " time consuming and costly."

Accordingly, Licensee urges the Board to deny Decade's motion.

i Respectfully submitted, i SEAW, I MAN, POT & TR R DGE I \ r l

By LE -

(Bibee W. Churchill Niissa A. Ridgway I

Counsel for Licensee 1800 M Street, N.W.

Washington, D.C. 20036 (202) 822-1000 Dated: February 16, 1982 P

-~*/ Indeed, althouch the Public Service Commission of Wisconsin

("PSCW") previously authorized Licensee to procure spare steam generators, the PSCW has not yet authorized Licensee to replace the Unit 1 steam generators.

J C nGl;. :c, ' '.

'82 EB 18 N0:53 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION , , ':c I;0Cl!.. liNc s s[;.

Before the Atomic Safety and LicensindRBb'ard.

In the Matter of )

)

WISCONSIN ELECTRIC POWER COMPANY ) Docket Nos. 50-266

. ) 50-301 (Point Beach Nuclear Plant, ) (OL Anendment) -

Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Licensee's Response To Intervenor's Motion For Continuance" and " Licensee's Response To Intervenor's Motion To Dismiss The Application In Part" were served this 16th day of February, 1982 by deposit in the U.S. mail, first class, postage prepaid.

Meiet PDWlissa A.' gdgwp {

dce (

)

Dated: February 16, 1982

.4 8

,r . .

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )

)

WISCONSIN ELECTRIC POWER COMPANY ) Docket Nos. 50-266

) 50-301 (Point Beach Nuclear Plant, ) (OL Amendment)

Units 1 and 2) )

SERVICE LIST 4 Peter B. Bloch, Chairman Stuart A. Treby, Esq.

Atomic Safety and Licensing Office of the Executive Board Panel Legal Director U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Wasington, D.C. 20555 Washington, D.C. 20555 Dr. Hugh C. Paxton Richard G. Bachmann, Esq.

1229 - 41st Street Office of the Executive Los Alamos, New Mexico 87544 Legal Director U.S. Nuclear Regulatory Commission*

l Dr. Jerry R. Kline Wasington, D.C. 20555 l Atomic Safety and Licensing Board Panel Kathleen M. Falk, Esq.

U.S. Nuclear Regulatory Commission Wisconsin's Environmental Decade Washington, D.C. 20555 114 North Carroll Street Suite 208 Atomic Safety and Licensing Madison, Wisconsin 53703 l Board Panel

( U.S. Nuclear Regulatory Commission Francis X. Davis, Esq.

Washington, D.C. 20555 Monroeville Nuclear Center l Westinghouse Electric Corporation Atomic Safety and Licensing P. O. Box 355 Appeal Board Panel Pittsburgh, PA 15230 l

U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Barton Z. Cowan, Esq.

John R. Kenrick, Esq.

Docketing and Service Section Eckert, Seamans, Cherin & Mellott Office of the Secretary Forty-Second Floor l U.S. Nuclear Regulatory Commission GOO Grant Street i Washington, D.C. 20555 Pittsburgh, PA 15219

__. -