ML20043H171
| ML20043H171 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 06/14/1990 |
| From: | Silberg J CLEVELAND ELECTRIC ILLUMINATING CO., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Frye J, Kline J, Shon F Atomic Safety and Licensing Board Panel |
| References | |
| CON-#290-10493 90-605-02-OLA, 90-605-2-OLA, OLA-2, NUDOCS 9006220127 | |
| Download: ML20043H171 (3) | |
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00CKETED SHAW, PITTMAN, PoTTs & TROWBRL9SE '
a pantNCR$Mip #NCLWOse.0 P810,tSSONAL CompubnATIONS 2300 N STRECT, N. W.
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OFFICE OF SECRETARY
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June 14, 1990 V
John H. Frye, III, Esq.
h Chairman' Atomic Safety and Licensing Board 3
'U.S. Nuclear Regulatory Commission
' Washington,'D.C.
20555 Judge l Jerry R. Kline Atomic Safety and Licensing Board U.S. Nuc.1. ear Regulatory Commission Washington, D.C.
20555 Judge Frederick J.
Shon L
Atomic-Safety and Licensing Board U.S.. Nuclear Regulatory Commission Washington, D.C.
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Re Cleveiand Electric Illuminating Company (Perry Nuclear Power Plant, Unit No.- 1),
Docket No. 50-440-OLA-27 ASLBP No. 90-605-02-OLA l
Gentlemen:
l By letter dated May 31, 1990, the Chairman of the Utility Radiological Safety Board of Ohio (URSB) submitted the URSB's comments on a Notice of opportunity for Hearing published'in the Federal Register on May 3, 1990 (55 Fed. Reg. 18690).
The URSB requested that the NRC consider the comments pursuant to 10
[
C.F.R. S 2.715(c).
The Federal Register notice cited in the URSB's letter con-cerns a revision to previously submitted license amendment appli-cation.
The revision is described in the Federal Register notice 1'
as including "no substantive changes" to the previous applica-l tion.
The previously submitted application, dated December 19, 1
1989, was noticed in the Federal Register on February 7, 1990 (55 L
Fed. Reg. 4282) and is the subject matter of the pending petition L
for. leave to intervene and request for hearing filed by Ohio Cit-izens for Responsible Energy, Inc.
No petitions for leave to intervene or requests for hearing has been submitted with respect to the May 3, 1990 notice of opportunity for hearing.
I 9006220127 900614 PDR ADOCK 05000440 o
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' SHAw, PITTM AN, PoTTs &-TROWBRIDG E A PARTNER $ Map (NCLUDsNO PROFES$1QNAL COR* ORATIONS John H..Frye, III, Esq.
Judge Jerry R. Kline Judge Frederick J. Shon June:14, 1990 Page Two The URSB's letter, if deemed a petition filed under 10 C.F.R. S 2.715(c), does not trigger a hearing.
No requests for hearing or petitions for leave to intervene were filed with respect to the May 3, 1990 notice of opportunity forl hearing.
It is well established law that a 5 2.715(c) petition by itself does not result in a hearing being convened.
Duquesue Light Co. (Bea-ver Valley Power Station, Unit 2), LBP-84-6, 19 N.R.C.
393, 426 (1984); Niagara Mohawk Power Corp., (Nine Mile Point Nuclear Sta-tion, Unit 2) LBP-84-45, 18 N.R.C.
213,-216 (1983); Northern States Power Co. (Tyrone Energy Park, Unit 1), CLI-80-36, 12 N.R.C. 523, 527 (1980) (views of Comm'rs Ahearne and Hendrie).
If URSB's letter is treated as a request to participate in the opportunity for hearing noticed on February 7, 1990, it is untimely and, absent a showing of good cause, cannot be granted.
The URSB letter asks that its comments on the revision to the proposed license amendment be considered by the NRC.
Assum-ing that the Licensing Board hears the merits of OCRE's conten-tion (i.e., that the Board's June 11, 1990 Memorandum and order is not reconsidered or successfully appealed), Licensees would not object to the Board considering the URSB's comments-in the.
context of resolving OCRE's contention.
The URSB's letter, requests that' Technical-Specification 6.9.1.9 be modified so that the-State of Ohio is added to the list of persons receiving copies of the Core Operating Limits Report ("COLR") and that Ohio's State Liaison Officer to the NRC be provided with future COLR reports.1/ Since COLR documents will be formally transmitted to the NRC (see proposed Technical Speci-fication 6.9.1.9), representatives of the State of Ohio are already on the distribution list.
To assure that the URSB is properly apprised of modifications to the COLR and other submit-tals to the NRC, Licensees will (in addition to transmitting cop-les of all submittals to NRC to the presently designated state representatives) also send copies of all such submittals directly to the.URSB.
Licensees hope that this will resolve at least some of the URSB's concerns.
The State of Ohio is, of course, enti-tied at any time to consult with the NRC Staff on any matters concerning Perry.
Licensees, as they have previously indicated, 1/
The letter also suggests that NRC approval of the COLR is required.
As indicated in Generic Letter 88-16 (dated October 4, 1988), this is not the case.
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SH Aw, PITTM AN, PoTTs & TROWBRIDG E.
A PARTN(NSMir INCLUDINO PROFESSIONAL CORPonAftONg John H. Frye, III, Esq.
Judge Jerry R. Kline Judge Frederick J.
Shon June 14, 1990 Page Three also would welcome the opportunity to consult with the State of Ohio on any matters of concern to it.
Ver truly
- urs, 1
c +
J y S. Jilberg C
'nsey for Licensees JES/ff ec:
Docketing and Service Branch
.Ms. Susan.Hiatt Colleen P. Woodhead, Esq.
Chairman,: ASLB Panel Atomic Safety and Licensing Appeal Board Jolynn Barry Butler, Chair s/210pasco.90 i
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