ML20058K710
| ML20058K710 | |
| Person / Time | |
|---|---|
| Site: | Millstone, Monticello, Dresden, Nine Mile Point, Oyster Creek, Pilgrim, Quad Cities |
| Issue date: | 12/18/1973 |
| From: | Grant G US ATOMIC ENERGY COMMISSION (AEC) |
| To: | NORTHERN STATES POWER CO. |
| References | |
| NUDOCS 9102130527 | |
| Download: ML20058K710 (6) | |
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UHTTED STATES OF AMERICA ATO iIC ENERGY C0::: ISSION C0 '.:il55:D:iERS:
Dixy Lee Ray, Chainun Clarence E. Larson Hilliam O. D:c.3 William A. Ar.ders
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PETITION FOR DERATI!:S OF CERTAIN
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Docket Nos. 50-219, 50-237, 50-249, BOILING :ATER REACTOR 5
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50-254, 50-265, 50-220,
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50-245, 50-253, 50-293.~
MEMORANDUf AND ORDER On July 12, 1973, Friends of the Earth filed a petition seeking, inter alia, emergency derating of nine nuclear plants, citing the regulatory staff's review of the " fuel densification" phenomenon.
Following receipt of extensive ccrements submitted in response to a Commission notice (28 F.R.19355), the Commission denied the petition for emergency relief (::emorandum and Order, August 6, 1973).1/ The staff was directed to complete its fuel densification review and take appropriate action on or before September 4,1973, and to offer appropriate opportunity for hearings after such action uns effectuated.
Further Commission action on i
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-Friends of the Earth's !!ction for Summary Reversal of this decision was denied by the U. S. Court of Appeals for the District of Columbia Circuit en August 24, 1973.
Friends of the Earth v. A.E.C., C.A.D.C.
No. 73-1866.
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'he Friends of the Earth _ petition was deferred, pending the staff determinations.
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On August 24, 1973, the staff completed its review and. determined that additional limiting. conditions for reactor operation were neede'd with
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respect to the nine plants involved in this proceeding.
In the case of three of the plants--Nine Mile Point, Unit 1; Dresden, Unit 2; and Oyster Creek--the additional conditions had the effect of derating of power levels between five and ten percent. The licensees, and all 4
i other Effected persons, were given an opportunity to request a hearing i
i or the staff's decisions within 30 days; no requests were forthcoming.
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(See 38 F.R. 22999-23004).
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On Dacember 13, 1973, Friends of the Earth filed a " Request for i
Decision" specifically seeking an opportunity for hearing prior to any i
codification in Technical Specifications which would permit increased i
i power level operation of any plant here under consideration.
On i
December 14, 1973, after evaluating various new submissions from the General Electric Company and the affected licensees, the staff concluded l
that requests from the licensees for new modifications to their operating i
4 technic;i spe:ifications, which would allow the derated plants to resums
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operating at higher poster levels, could be granted.
In support of its deternin:tions, the staff issued a generic safety evaluation (" Supplement 1 i
to the Technical Report on Densification of General Electric Reactor Fueis"),
i and separate safety evaluations concerning fuel densification in each of the j
three specific plants.
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In view of the particular circumstances of this proceeding, outlined above, l
I we believe it appropriate to afford petitioners, and other affected par-4 ticipants in this proceeding, a hearing opportunity for presentation of their views before further action on this matter is taken. Noting the i
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" current energy crisis" in fheir " Request for Dec'ision," Friends of the Earth st:tes its telief that procedures can nonetheless "be developed to protcat our legitimate interests and to be responsive to the present (energy) t problems."
(" Request," p. 7) The Commission is acutely aware of these considerations and, mindful of the need to establish hearing procedures which 3
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will assure a timely decision in this matter, has determined that a nearing i
should be held on the licens,ees' requests for modifications in their technic',i
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l specificctions, under the following procedures:EI a
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In establishing the specified procedures, the Ccmmission has noted:
(1) that documents relevant to the staff's review of the fuel densification phenomenon in the plants in issue have periodically been furnished to j
Friends of the Earth; (2) that the staff, simultanecusly with its Decem-ber 14,1973, determinations, made available all remaining materials 4
, existing as of-that date, except some proprietary material, concerning wl.ich ap;ropriate crotective agreements still had to be developed.
ine Commissien crces all concerned expeditiously to complete the arrangcments i
for tirely prcduction of all relevant materials; (3) that the staff has offered :: provide a briefing for frier.ds of the Earth on the staff's proposed action.
(See Friends of the Earth " Request," p. 8. fn.; letter dated Decemter 14, 1972, from the Deputy Director of Licensing to
!?r. Roisr.an, and letters referenced therein).
The staff letter indicates that proprietary information is being provided under appropriate protective agreements.
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The hearing will be conducted before an Atenic Safety and Licensing Board composed of the following members:
i Michael Glaser, Esq., Chairman, Glenn 0. Bright, and Gustave A. Linenberger.
The hearing shall be held in k'ashington, D.C. or Bethesda, Maryland.
(2) The issue to be decided by the Board is whether the i
requested changes in Technical Specifications should be i
adopted as proposed, modified in any way, or rejected.
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The specific matters to be considered within the confines l,
of this issue shsli be determined by the Board, on the Lasis of prehearing discussion with the parties.
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(3) The parties to the hearing shall be the regulatory staff,
.the appropriate licensees, Friends of the Earth, and General l
Electric.
(In view of the use of Exxon fuel, as well as GE fuel, in the Oyster Creek rcactor, the Board shall determine l
whether Exxon should be added as a party.) The burden of 1
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proof shall be en the licensees.3_/
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(4) The Board shall render an Initial Decision no later than Thursday, January 17, 1974, which Decision, consistent U
onsideraticn should be given to the feasibility of consolidated C
- i participation or representatipn in the hearing, where similar interests are involved.
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k with cur haies of Practice, shall be innediately effective.
To meet this sc'edule, the Board shall establith appropriate dates for the hearing and for a preheat ing conf erence, to facilitate a praper, fair and expeditious completion of this proceeding.4/
(5) All persons who filed co.mments in response to the G
Commission's earlier Federal Register notice in '
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proceeding (33 F.R.19855) shall be given immediate telephonic and telegraphic notice of this llemorandum and Order.
Insofar as this notice and these require-cents ref'cct shortening of time periods otherwise prescribed in 10 CFR Part 2, the Commission finds good cause for such action under 10 LFR s 2.711, for the reasons stated above.
L'e further note that the authority of 10 CFR i 2.711 also extends to the t
Liccnsing Board.
s il In a letter dated December 13, 1973, to the Appeal Board, counsel for Friends of the Eart:
tuggests consolidation of any hearing in this proceeding with an) hearing on fuel densification in the Vermont Yankee proceeding (Dottet 30. 50-271).
Assuming such consolidation is substantively and procedurally practicable, and is approved by the Verront Yankee Appeal Ecard, the s:ard in this preceeding is hereby authorizea to take appropriate action to affectuate consolidation.
In no event, however, shall consolidation be permitted to delay the conclusien of this proceedir.g.
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j Papers required to be filed in the proceeding may be filed by mail or i
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telegran addressed to the Secretary of the Commission, U. S. Atomic
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l Energy Comission, Washington, D. C.
20545, Attention: Chief, Public i
i, Proceedings Branch, or may be filed by delivery'to the Commission's i
Public Document Rocm,1717 H. Street, N.U., Washington, D.C.
Pending further order of the Board, persons are required to file, pursuant to J
the provisions of 10 CFR S 2.708 of the Commissica's " Rules of Practice,"
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j an original an' 20 conformed copies of each sr:h paper with the Commission.
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A copy of the documents relevant to this p'roceeding is available for
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inspection by members of the public in the Conni;sion's Public Document Room,1717 H Street, n.U., Washington, D.C.
It is so ORDERED.
I By the Commission.
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I Gordon H. Grant Acting Secretary of the Comission h M Ne W Tv vd,/d P:
. Dated at this/@11.
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day of December,1973.
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