ML20050A707

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Comments on Util Canceling CP Applications,Per 820219 memo.Post-TMI Licensing Pause Did Create Some Uncertainty in Licensing Process But Util Was Late in Filing Response to Commission Proposed Cp/Ml Rule
ML20050A707
Person / Time
Site: Black Fox
Issue date: 03/18/1982
From: Dircks W
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To: Roberts T
NRC COMMISSION (OCM)
Shared Package
ML20050A708 List:
References
NUDOCS 8204020118
Download: ML20050A707 (4)


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' ~ " ep > c ava na'u ME!'ORANDUM FOR: Comissioner Roke'rger n an TSchroeder OELD MBr%fgsrs n nEisenhut PCheck (ED0911541}

FROM:

Willian J. Dircks, Executive DirgtEple LBerry for Operations PPAS RMattson

SUBJECT:

PUBLIC SERVICE C0ffAllY OF OKLAH0!'A LETTER CANCELLigollmer THEIR BLACK FOX STATIO!! APPLICATION This is in response to your twxrandum dated February 19, 1982, requesting rty views on the letter f ron Public Service Corvany of Oklahond (PS0) concelling their application for pernits to construct Black Fox Station (BFS), Units 1 and 2.

Before addressing the P50 letter, sooe background infornation related to the RFS application review nay be helpful.

The PSO application to construct the CFS was docketed on Decerter 23, 1975.

The staf f's Final Environiiental Statenent (FES) was issued in February 1977.

The Safety Evaluation Report and two of its supplenents were issued in June 1977, Septenher 1978 and March 1979. Following the corpletion of the Environ-riental and Site Suitability Hearings, a Linited Work Authorization (LUA) was issued in July 1978 Two atendrents to the LUA, to allow additional con-struction work to be carried out, were issued in September and Novenber of 1978. On February :8.1979, the hearing record for the BFS application was closed. At that tire there were no outstanding safety issues that would hdve precluded issuing a construction pernit for CFS provided that a favor-dble decision was received from the ASLB. The staff believes a construction permit could have been issued in nid 1979 if the Titl-2 accident had not oCCured.

PSO's situation was unique in that, of all the pending construction pernit applications at the tire of the TMI-2 accident, they were the only one with an LWA.

Indeed, the circunstances surrounding the lessons learned from THI-2 and the developnent of a CP/f'L Rule had a significant iupact on the HFS application. On June 13, 1979, the ASLB issued an order which deferred the final resolution of the application for a construction pernit to await their evaluation of any staff reconnendations for UFS which would result from its Tt!I-2 investiqations. The Board also denied the applicants' request for referral of this decision to the ALAB. On October 4,1979, in an Interiu Statenent of Policy and Procedures, the Comission directed the ASLB's not to issur full adjudicatory decisions which authorize the issuance of construc-tion per'dts except af ter further order of the Comission itself.

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suaNa* 8204020118 82O318 PDR ADOCK 05000556 DCT A PDR hac eow m om Nacu cm OFFICIAL RECORD COPY usam --uwo

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Comissioner Roberts Following the decision by the Correnission, in March 1981, to resume TMI-2 related reviews for the pending construction pemit applications, the staff, by use of a dedicated review team, has reviewed and published safety evaluation reports for five of the pending construction permit applications.

Following that decision.

CP applicants were required to file their response to the proposed CP/ML rule published on March 23,1981. PS0 did not file the required responses until October 1981. The staff completed its review of that submittal by a dedicated team and published its Safety Evaluation Report on December 31, 1981.

Thus, while the post TMI licensing " pause" certainly created some uncertainty in the licensing process, particularly through 1979 and into 1980, we believe the Agency responded quite promptly to the PS0 submittal in response to the Comission's proposed CP/ML rule.

(Signed William J.Dircks William J. Dircks, Executive Director for Operations cc: Chairman Palladino Commissioner Gilinsky Conmissioner Bradford Commissioner Ahearne OPE OGC SECY l

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Cor:nissioner Roberts N Follbwing the decision by the Commission, in March 1981, to resume THI-2 related revihs for the pending construction permit applications, the staff, by use of a dedica%d review team, has reviewed and published safety evaluation reports for five of 1 e pending construction permit applications. The earliest that the staff could have. assured BFS compliance with the THI-requirements would have been June 1981. This) quid have required an early April 1981 response to the proposed CP/ML rule publish 6d' March 23, 1981. PS0 filed their responses in October 1981 and the DFS SER relate'd 'to the THI-2 lessons learned was published December 31, 1981.

William J. Dircks, Executive Director for Operations 5

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OFFICIAL RECORD COPY'

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FROM:

  • ACTION CONTROL DATES CONTROL NO C MPL EA LINE 3/5/82 11541 N

CocIissionerRoberts s

ACKNOWLE'DGMENT DATE OF [fDCUMENT

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INTERIM REPLY 2/19/82 PREPARE FOR SIGNATURE FINAL REPLY /[

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Dircks and Denton FILE LOCATIDN QG EXECUTIVE DIRECTOR OTHER:

DESCRIPTION O LL.Tu DGMEMO O REPORT O OTHER SPECI AL INSTRUCTIONS OR REMARKS P.equest written views on 2/16/82 ltr fm Public Service Co. of Oklahoma to Denton PRIORITY re cancellation of construction permits for Black Fox Station Units 1 and 2 CLASSIFIED DAT A DOCUMENT / COPY NO.

CLASslFICATIONl NUMBER OF PAGES CATEGORY This ticket supercedes NRR-82-081-aOsTAL REGISTRY NO.

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ASSIGNED TO:

DATE INFORMATION ROUTING LEG AL REVIEW D FINAL 0 COPY ASstGNED TO:

DATE NO LEGAL OBJECTIONS l

2/23/82 Dircks

~_Dknton.NRR 2/25/82 Cornell

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Case /DentOn JCAE NOTIFICATION RECOMMENDED:

0 YEs O NO NRChRM 232 EXECUTIVE DIRECTOR FOR OPERATIONS DO NOT REMOVE TH/S COPY 5

(11-75)

PRINCIPAL CORRESPONDENCE CONTROL 1

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