ML20076E158

Response Opposing Wisconsin Environ Decade 830811 Request to Respond to Hf Conrad Affidavit.Aslab Affirmed Dismissal of Decade Petition to Intervene.Decade Thus Lacks Party Standing.Certificate of Svc Encl.Related Correspondence

ML20076E158
Person / Time
Site:	Point Beach
Issue date:	08/22/1983
From:	Churchill B SHAW, PITTMAN, POTTS & TROWBRIDGE, WISCONSIN ELECTRIC POWER CO.
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
ISSUANCES-OLA-2, NUDOCS 8308240176
Download: ML20076E158 (5)

Text

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. mow watwoNIENC.*J 00L8ETED USHRC August 22, 1983 23 ME 23 NI MI UNITED STATES OF AMERICA f[0]7Qfgptkh '

F NUCLEAR REGULATORY COMMISSION BRANCH Before the Atomic Safety and Licensing Appeal Board In the Matter of )

)

WISCONSIN ELECTRIC POWER COMPANY ) Docket No. 50-266 (OLA-2)

)

(Point Beach Nuclear Plant, )

Unit 1) }

LICENSEE'S RESPONSE TO DECADE REQUEST FOR LEAVE TO RESPOND TO STAFF AFFIDAVIT By letter dated August 11, 1983, Wisconsin's Environmental Decade, Inc. (" Decade") requests leave to respond to the " Affidavit of Herbert F. Conrad." The Conrad affidavit was provided to the Appeal Board on August 1, 1983, in response to the Appeal Board's request for the Staff's assessment of eddy current testing techniques in the transition region of steam generator tubes.

See " Memorandum and Order" (July 8, 1983).

Licensee opposes Decade's request. The Appeal Board has affirmed the dismissal of Decade's petition for intervention in this proceeding. See ALAB-719, 17 N.R.C. (March 22, 1983),

aff'g, LBP-82-108, 16 N.R.C. (December 10, 1982). As the Appeal Board has emphasized:

Decade is not, and has never been, a party to this proceeding. * *

• The fact that Decade has filed with the Commission a petition for review of the denial of its intervention peti-tion does not by itself endow Decade with party status.

8308240176 830822 PDR ADOCK 05000266 l o '""

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" Memorandum and Order" (July 8, 1983), at 4 n.3. Lacking party status, Decade has no right to respond to the Staff affidavit, and the request must therefore be denied.

In any event, nothing in the history of this proceeding (or the companion " sleeving" proceeding)--1/ suggests that Decade is equipped to make a significant substantive contribution to the development of the record beyond that made by the Staff and Licensee. Certainly Decade's August 11 letter attemi.s no such showing, asserting nothing more than the desire of Mr. Anderson, a non-expert, to take exception to the Staff's affidavit. Decade's pending petition for Commission review consists of little more than a restatement of its proposed contentions and "a broad harangue against the Commission's generic policies with respect to steam generator tube leakage." Compare " Petition For Review of Appeal Board Decision" (April 7, 1983) with " Answer to Wisconsin Electric Power Company In Opposition To Petition For Review of Appeal Board Decision ALAB-719" (April 22, 1983) and "NRC Staff's l

Answer In Opposition To Wisconsin's Environmental Decade Petition 1

i For Review" (April 22, 1983). Similarly, its brief on appeal to l the Appeal Board "merely quote [d], with little more, its original contentions" (ALAB-719, supra, slip op. at 17-18) -- contentions which were themselves based on nothing more than " unconnected quotations drawn from various documents and technical reports" (pl. , at 10-11).

_1/ Wisconsin Electric Power Co. (Point Beach Nuclear Plant, Units 1 and 2), Docket Nos. 50-266 and 50-301 (OLA-1).

In short, Decade has to date evidenced either an inability

or an unwillingness to assist substantively in the development of the record in this proceeding. Given Decade's opportunities to make a substantive contribution to the record, and its re-peated failure to do so, there is no indication that Decade can contribute at this late date significant factual information bearing on the subject matter of this proceeding.

Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE 1

,I w J Bruce W. CEdrchill, P.C.

Delissa A. Ridgway Counsel for Licensee 1800 M Street, N.W.

Washington, D.C. 20036 l (202) 822-1000

, Dated: August 22, 1983 l

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iPC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION . p 23 M M Before the Atomic Safety and Licensing Appeal Board  ;-

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WISCONSIN ELECTRIC POWER COMPANY ) Docket Nos. 50-266 (OLA-2)

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(Point Beach Nuclear Plant, )

Unit 1) )

CERTIFICATE OF SERVICE This is to certify that copies of " Licensee's Response to Decade Request for Leave to Respond to Staff Affidavit" were served, by deposit in the United States Mail, first class, postage prepaid, to all those on the attached Service List, this 22nd day of August, 1983.

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W u_hurchill, Bruce W. C P.C.

Dated: August 22, 1983

]

UNITED STATES OF AMERICA

'..' NUCLEAR REGULATORY COMMISSION l

Before the Atomic Safety and Licensine A=ceal Board In the Matter of )

)

WISCONSIN ELECTRIC POWER COMPANY ) Docket No. 50-266 (oLA-2)

)

(Point Beach Nuclear Plant, )

Unit 1) )

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SERVICE LIST Thomas S. Moore, Chairman Atomic Safety and Licensing Board Atomic Safety and Licensing Panel Appeal Board U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Washington, D. C. 20555 Commission Atomic Safety and Licensing Appeal Wachington, D. C. 20555 Board Panel Dr. W. Reed Johnson U. S. Nuclear Regulatory Commission Atomic Safety and Licensing Washington, D. C. 20555 Appeal Board Docketing and Service Section U. S. Nuclear Regulatory Commission Office of the Secretary Washington, D. C. 20555 U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Dr. Reginald L. Gotchy Atomic Safety and Licensing Stuart A. Treby, Esquire Appeal Board Office of the Executive Legal Director U. S. Nuclear Regulatory U. S. Nuclear Regulatory Commission Commission Washington, D. C. 20555 Washington, D. C. 20555 Richard G. Bachmann,. Esquire Office of the Executive Legal Director Pater B. Bloch, Chairman Atomic Safety and Licensing U. S. Nuclear Regulatory Commission Board Washington, D. C. 20555 U. S. Nuclear Regulatory Commission Myron Karman,' Esquire i

Washington, D. C. 20555 Office of the Executive Legal Director U. S. Nuclear Regulatory. Commission Dr. Hugh C. Paxton Washington, D. C. 20555 1229 - 41st Street Los Alamos, New Mexica 87544 Peter Anderson l

Wisconsin's Environmental Decade l Dr. Jerry R. Kline 114 North Carroll Street Atomic Safety and Licensing Suite 208 Board Madison, Wisconsin 53703 U. S. Nuclear Regulatory Commission Washington, D. C. 20555

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