ML20045B837
| ML20045B837 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 06/04/1993 |
| From: | Murley T Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20045B833 | List: |
| References | |
| 2.206, NUDOCS 9306210155 | |
| Download: ML20045B837 (3) | |
Text
-
l 7590-01 U.S. NUCLEAR REGULATORY COMMISSION DOCKET NOS. 50-445 AND 50-446 TEXAS UTILITIES ELECTRIC COMPANY COMANCHE PEAK STEAM ELECTRIC STATION, UNITS 1 AND 2 ISSUANCE OF DIRECTOR'S DECISION UNDER 10 CFR 2.206 Notice is hereby given that the Director, Office of Nuclear Reactor Regulation (NRR), has issued a " Director's Decision Pursuant to 10 CFR G 2.206" (Director's Decision) concerning a Petition filed with the U.S.
Nuclear Regulatory Commission (NRC) by Messrs. Macktal and Hasan (Petitioners) on June 11, 1992.
The Petition presented concerns regarding the Comanche Peak Steam Electric Station, Units I and 2 (CPSES) of the Texas Utilities Electric Company (TV Electric or Licensee).
Petitioners submitted additional documents, which are considered supplements to the Petition, on October 6 and November 19, 1992.
The Petition alleged the discovery of new evidence of a continuing practice by the Licensee to pay " hush money" to keep significant information' about CPSES from Petitioners and the NRC.
Specifically, the Petition referred to a January 30, 1990, settlement agreement between the Licensee and the Tex-La Electric Cooperative of Texas, Inc. (Tex-La), a former co-owner of CPSES, that allegedly contains restrictive language in violation of f 211 of the Energy Reorganization Act (ERA) and 10 CFR E 50.7.
Petitioners further alleged that the settlement agreements have resulted in the suppression of-information associated with the safe operation of CPSES and that the TU 9306210155 930604 PDR ADDCK 05000445 P
Electric response of October 16, 1992, to the Petition contained incorrect and misleading information to the point of being materially false.
On the basis of this information, Petitioners asked the NRC to suspend the TV Electric license to operate CPSES Unit I and its permit to constrcct CPSES Unit 2, and not to extend the expiration date of the. permit to construct CPSES Unit 2.
Petitioners also asked the NRC to take immediate actions, specifically that (1) a licensing board be established to allow public scrutiny into TU Electric's alleged practice of paying " hush money"; (2) the NRC notify TV Electric and former co-owners that no settlement agreement can preclude employees, attorneys, agents, consultants, or others from providing information to persons involved in proceedings before the NRC; (3) copies of the TU Electric-former co-owner settlement agreements be made public and provided to Petitioners' counsel; and (4) the NRC notify the counsel to Tex-La that he and others are free to disclose safety-related information about CPSES to others.
In an acknowledgement letter of August 26, 1992, the Director of NRR informed Petitioners that the Petition was being considered pursuant to 10 CFR s 2.206.
The Director declined at that time to take any of the immediate actions requested in the Petition and stated that the NRC would take appropriate action on the specific issues raised in the Petition within a reasonable time.
The Petition has been considered under the provisions of_10 CFR 6 2.206.
Notice of receipt of the Petition was published in the Federal Reaister on September 2, 1992 (57 FR 40231).
4
- . As stated in the Director's Decision, the Director has granted in part and denied in part Petitioners' requests.
Petitioners sought that the NRC notify TV Electric and the former co-owners that no settlement agreement can preclude individuals and organizations from bringing safety information to the NRC.
This was done.
Petitioners also sought that copies of the settlement agreements be made public.
This was done.
Finally, Petitioners requested that the counsel for Tex-La be notified that he is free to disclose safety information to the NRC.
The NRC has caused this to happen. The other relief sought by Petitioners has been denied.
The Director's Decision is available for inspection and copying in the Commission's Public Document Room, 2120 L Strect, N.W., Washington, D.C. 20555 and at the local public document room for the Comanche Peak Steam Electric Station, at the University of Texas at Arlington Library, Government Publications / Maps, 701 South Cooper, P.O. Box 19497, Arlington, Texas 76019.
A copy of the Director's Decision will be filed with the Secretary of the Commission for review by the Commission in accordance with 10 CFR 5 2.206(c).
The Director's Decision will constitute the final action of the Commission 25 days after the date of issuance unless the Commission, on its own motion, institutes a review of the Decision within that time.
FOR THE NUCLEAR REGULATORY COMMISSION h
Thomas E. Hurley, Director Office of Nuclear Reactor Regulation Dated at Rockville, Maryland this 4th day of June 1993 l