ML20069D533

Forwards IE 830308 Response to Citizens Assoc for Sound Energy 10CFR2.206 Petition for Show Cause Order Based on Util Failure to Have Documents in Possession on Component Design

ML20069D533
Person / Time
Site:	Comanche Peak
Issue date:	03/11/1983
From:	Ellis J Citizens Association for Sound Energy
To:	Jordan W, Mccollom K, Mark Miller Atomic Safety and Licensing Board Panel
References
NUDOCS 8303180400
Download: ML20069D533 (4)

Text

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(CITIZENS ASSN. FOR SOUND ENERGY) 83 March 11, 1983 f_ I6 Alg,g ,

Administrative Judge Marshall E. Miller Dr. Kenneth A. McCollom, Dean Atomic Safety and Licensing Board Division of Engineering, Architecturec U. S. Nuclear Regulatory Commission and Technology Washington, D. C. 20555 Oklahoma State University Stillwater, Oklahoma 74074 Dr. Walter H. Jordan 881 W. Outer Drive s Oak Ridge, Tennessee 37830 -

Gentlemen:

SUBJECT:

In the Matter of Application of Texas Utilities Generating Company, et al . for An Operating License for Comanche Peak Steam Electric Station Units #1 and #2 (CPSES)

Docket Nos. 50-445 and 50-446 Response to CASE's 1/28/83 Request for Show Cause Order We are attaching a copy of the response which we received from the Director of Office of Inspection and Enforcement, NRC, Washington, in answer to our 1/28/83 Request for Show Cause Order regarding the NPSI and ITT Grinnel design criteria, etc.

We assume from the response that we will receive an answer sometime following the hearings now scheduled for April 4-8, 1983.

However, we also would note for the Board's consideration the fact that the NPSI

'and ITT Grinnel design criteria and design guidelines are referred to in the NRC I&E Report 82-26/82-14 which the Staff has stated will form the basis for the Staff's testimony on the Walsh/Doyle allegations. (See cover letter of February 22, 1983, from Counsel for NRC Staff to the Licensing Board.)

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' It should be noted that the Feb. 15, 1983, cover letter to I&E Report 82-26/82-14 included (last paragraph) the usual provision for Applicants to notify the NRC if anything contair.ed in the I&E Report was of a proprietary nature pursuant to 10 CFR 2.790. There is no indication that Applicants filed pursuant to that provision, and we are therefore requesting that Applicants supply us with the NPSI and ITT Grinnel design criteria and design guidelines as part of the infonnal discovery provided for by the Board in its 3/8/83 conference call. Nowhere in the record of these proceedings is there a sworn statement by Applicants that the NPSI and ITT Grinnel design criteria are proprietary information (other than the representation of Applicants' counsel which, as the Board noted in its Jan. 4,

, 1983, Memorandum and Order, .the Board does not consider as constituting evidence).

Respectfully submitted, khoko!$o$kk5 G PDR gnk {fM6 }y3 cc: Service List (Hrs.) Juanita Ellis, President .

Pichard DnYounn. Dirnctnr. nffico nf insonctirn and Fnfnrroront npr. Washinntn,

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1. g 4 UNITED STATES

,[ NUCLEAR REGULATORY COMMISSION g .E WASHINGTON, D. C. 20555

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• • • • • MAR 0b D33 I'3 WR 16 A!0:46

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Docket Nos. 50-445 50-446 (10 CFR 2.206)

Mrs. Juanita Ellis, President Citizens Association for Sound Energy 1426 S. Polk Dallas, TX 75224

Dear Mrs. Ellis:

This letter is sent to acknowledge receipt of your petition on behalf of the Citizens Association for Sound Energy that requests action pursuant to 10 CFR 2.206 with respect to the Comanche Peak Station. Your petition alleges that the licensee's failure to have certain documents within its possession which pertain to the design of certain components of the Comanche Peak Station constitutes a violation of NRC regulations. Consequently, you have requested that I order the company to show cause why it should not be found in violation of NRC regulations or, in the alternative, why it should not provide the requested documents.

In accordance with 10 CFR 2.206, I will inform you of my decision whether to grant-or deny your petition within a reasonable time. Enclosed for your information is a copy of a notice that is being sent to the Federal Register for publication.

Sincerely, P.ichard C. oung,hrector Office'of pection and Enforcement ,

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Enclosure:

As stated cc: Texas Utilities Generating Co.

Nicholas S. Reynolds, Esq.

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[7590-01]

NUCLEAR REGULATORY COMMISSION

.[DocketNos. 50-445 & 50-446]

Texas Utilities Generating Co., et al.

(Comanche Peak Steam Electric)

Station, Units 1 and 2)

Receipt of Petition under 10 CFR 2.206 Notice is hereby given that the Citizens Association for Sound Energy has filed a request for action pursuant to 10 CFR 2.206 with respect to the Comanche Peak Station which is being constructed by the Texas Utilities Generating Co. under construction permits issued by the Nuclear Regulatory Commission. The petition alleges that the company's failure to have certain design documents within its possession constitutes a violation of NRC regula-tions. Consequently, the petitioner requests that the Director, Office of Inspection and Enforcement issue an order to show cause why the licensee should not be found in violation of NRC regulations or, in the alternative, produce the documents.

In accordance with 10 CFR 2.206', appropriate action will be taken on the petition within a reasonable time. Copies of the petition are available g for public-inspection in the Commission's public document room at 1717 H Street, f N.W., Washington, DC, 20555, and in the local public document rooms for the l

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i 2-Comanche Peak Station at the Somerville County Public Library, On the Square, P.O. Box 1417, Glen Rose, Texas, 76043 and the University of Texas Library, Arlington, Texas, 76019.

Dated at Bethesda, Marylar > this 3rd day of March, 1983.

FOR THE NUCLEAR REGULATORY COMMISSION Richard C. e ung, D rector Office of I ection and Enforcement

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