ML20053D067
| ML20053D067 | |
| Person / Time | |
|---|---|
| Site: | Palisades  |
| Issue date: | 05/28/1982 |
| From: | Kline J, Laurenson J, Morris P Atomic Safety and Licensing Board Panel |
| To: | AFL-CIO, NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| References | |
| ISSUANCES-SP, NUDOCS 8206040023 | |
| Download: ML20053D067 (3) | |
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x, UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION G:
Q ATOMIC SAFETY AND LICENSING BOAP,0 S
ED NAY 281982 Before Administrative Judges James A. Laurenson, Chairman Dr. Peter A. Morris Dr. Jerry R. Kline In the Matter of
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Docket No. 50-255-SP
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CONSUMERS POWER COMPANY
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(Palisades Nuclear Power Facility)
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May 28,1982 MEMORANDUM AND ORDER APPROVING JOINT MOTION TO TERMINATE PROCEEDING I.
JURISDICTION AND PROCEDURAL HISTORY On March 9,1981, the Director of Inspection and Enforcement issued an " Order Confirming Licensee Actions to Upgrade Facility Performance." This Order included restrictions on overtime work of licensed operators more restrictive than the Commission's general standards applicable to overtime work. On March 31, M81, the Utility' Workers Union of America, AFL-CIO and the Michigan State Utility Workers Council, (hereinaf ter "the Union"), filed a " Petition for Hearing." On May 29, 1981, the Corrrnission issued an Order referring the
" Petition for Hearing" to the Atomic Safety and Licensing Board Panel to O
S 9 5 ll0 8206040023 820528 PDR ADOCK 05000255 O
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. decide whether the Union should be granted a hearing and, if so, to conduct the hearing. The Atomic Safety and Licensing Board constituted to decide this matter denied the " Petition'for Hearing" on July 31, 1981. On March 31, 1982, the Atomic Safety and Licensing Appeal Board reversed the Licensing Board, permitted the Union to intervene, and remanded the matter to the Licensing Board for further proceedings.
Pursuant to motions by the NRC Staff and orders of tne Commission, the time for filing a motion for the Commission to review the Appeal Board decision has been extended until June 9,1982. On May 11, 1982, the Staff and Union filed a " Joint Motion to Terminate Proceeding."
II. JOINT MOTION TO TERMINATE PROCEEDING The Joint Motion states:
"[0]nApril 21, 1982, the Administrator of NRC Region III issued a ' Partial Rescission of Order' that adjusted the terms of the Director's Order of March 1981. The revised restrictions are con-sistent with the Commission's policy statement on Nuclear Power Plant Staff Working Hours, 47 Fed. Reg. 7352 (Feb. 18, 1982)."
The " Partial Rescission of Order" revises the work hour or overtime restrictions to conform to the Conunission's general policy on nuclear power plant staff working hours, 47 Fed. Reg. 7352. The " Partial Recission" also notes that the initial Order of March 9,1981 was promulgated because "the Staff was concerned that operators at the plant, who already appeared to be working excessive amounts of overtime, would be required to work increased overtime...."
However, since the
. time this Order became effective, the Staff stated that Consumers Power Co., the licensee, improved its control over operation of the plant and the concern about excessive overtime hours "has been substantially amel iorated. "
In view of the " Partial Rescission," the Union withdrew its request for hearing and moved jointly with the Staff to terminate this proceeding. Consumers Power Company did not oppose the motion.
The Comission recognizes and encourages fair and reasonable settlement of contested issues.
10 CFR 2.759. We have considered all of the factors enumerated above. We conclude that the settlement and
" Partial Rescission of Order" are fair and reasonable and should be approved.
ORDER WHEREFORE, IT IS ORDERED this 28th day of May, 1982, at Bethesda, l
l Maryland, that the Joint Motion to Terminate this proceeding is GRANTED and this proceeding is hereby DISMISSED.
i b-m So James A. Laurenson, Chairman
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{J M a. k-L Dr. Peter A. Morris
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