ML20055A258

Decision Denying RA Backus Petition Re Issuance of Order to Show Cause Why CPPR-15 & CPPR-16 Should Not Be Suspended or Revoked Due to Alleged Lack of Financial Qualification

ML20055A258
Person / Time
Site:	Seabrook
Issue date:	07/06/1982
From:	Harold Denton Office of Nuclear Reactor Regulation
To:
Shared Package
ML20055A256	List: ML20055A255 ML20055A258 ML20055A259
References
NUDOCS 8207160019
Download: ML20055A258 (2)

Text

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DD UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OFFICE OF NUCLEAR REACTOR REGULATION Harold R. Denton, Director In the Matter of )

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PUBLIC SERVICE COMPANY OF ) Docket Nos. 50-443 NEW HAMPSHIRE ) 50-444 (Se' brook Nuclear Station, ) (10 C.F.R. 2.206) aits 1 and 2) )

DIRECTOR'S DECISION UNDER 10 C.F.R. 2.206 On February 5,1982, Mr. Robert A. Backus, on behalf of the Seacoast Anti-Pollution League, submitted a petition under 10 C.F.R. .

2.206 requesting that the Director of Nuclear Reactor Regulation issue an order to show cause why Construction Permits Nos. CPPR-135 and CPPR-136 of the Public Service Company of New Hampshire (PSCNH) should not be suspended or revoked because of an alleged lack of financial qualification.

Effective March 31, 1982, the Commission's regulations were amended eliminating the financial qualification requirements. 47 Fed. Reg. 13750 (March 31, 1982). This action was taken after careful study and extensive consideration of public comments. The reasons for eliminating these requirements included the Comission's determination that the financial condition of a utility, in and of itself, does not affect the quality of the construction and operation of a nuclear power plant in a manner which is direct enough to warrant the expenditure of the substantial amount of the Comission's resources necessary for its evaluation. It was decided that these resources would be better used if 8207160019 820706 PDR ADOCK 05000443 o PDR

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directed to the examination of those factors which affect the public

. health and safety more directly.

The Comission continues to be concerned with the radiological protection of the public health and safety in all aspects of the construction and operation of nuclear power plants. In those instances where financial constraints of a utility can be directly connected to a particular public health and safety problem, the Comission will take the appropriate action. However, the petitioner has raised no such connection in his petition, and routine inspections to date have revealed no degradation of quality assurance in the construction of the Seabrook facility. Furthermore, as part of the nationwide NRC inspection program, a Construction Assessment Team is currently investigating the quality of construction at the Seabrook facility. The results of the investigation will be examined to insure that proper quality assurance programs are being followed.

Financial constraints, in a vacuum, are an insufficient basis for initiating show-cause proceedings against a utility. In light of this, the petitioner's request is hereby denied.

A copy of this decision will be filed with the Secretary of the Comission for the Comission's review in accordance with 10 C.F.R. 2.206(c).

WMOW ~

Harold R. Denton, Director Office of Nuclear Reactor Regulation Dated at Bethesda, Maryland this 6 day of July 1982.

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