ML20076G880
| ML20076G880 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 08/30/1983 |
| From: | Reynolds N DEBEVOISE & LIBERMAN, TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8309010167 | |
| Download: ML20076G880 (8) | |
Text
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August 30, 1983
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UNITED STATES OF AMERICA DCCkETr0 NUCLEAR REGULATORY COMMISSION USNRC
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BEFORE THE ATOMIC SAFETY AND LICENSING BQ&ED 1
,ys AU3 31 A9 :28' j
In the Matter of
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0FFIC#. OT 5ECRE tac,
TEXAS UTILITIES GENERATING
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Docket Nos. 50-4450'htidE A CEPviu.
COMPANY, et al.
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50-446 BR(NCH
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(Comanche Peak Steam Electric
)
(Application for s
I Station, Units 1 and 2)
)
Operating Licenses)
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APPLICANTS' MOTION TO ESTABLISH SCHEDULE FOR SPECIAL PROCEEDING, FURTHER PROCEEDINGS (IF NECESSARY) AND FOR CLOSING RECORD; AND FOR EXPEDITED REPLY r
I.
INTRODUCTION
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Texas Utilities Generating Company, et al.
(" Applicants")
hereby move the Atomic Safety and Licensing Board to establish
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a schedule to conduct a special proceeding on the remaining matters in the case, after which the record can either be closed on all matters or left open pending receipt of additional evidence.
The objective of Applicants' motion is the issuanca of an initial decision by December 9, 1983.
This proposed date for decision is premised on Applicants' projected fuel loading schedule of December 4,
1983, a schedule with which the NRC Staff agrees. 1/
l II.
DISCUSSION k
The principal matters as to which the record remains
(
open in this case involve the inspections or investigations 1/ See Affidavit of Spottswood B. Burwell attached to NFC Staff Response to Board Order Requesting Information (March 3, 1983).
8309010167 B30830 f g, PDR ADOCK 05000445 Q
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L 2-by Region IV and the Office'of Investigations ("OI").
The Staff has been unable to provide the Board with accurate completion dates for dll of these activities (Tr. 8715).
Recognizing that the Staff is reluctant to place details of the ongoing inppections or investigations on the public record, or to dircuss them in the presence of the other parties, the Board should call for the receipt of an appropriate in camera report from Region IV or OI, or both, on the status and substance of these activities, as contemplated by the Commission's " Statement of Policy:
Investigations and Adjudicatory Proceedings."
48 Fed. Reg. 36358 (August 10, 1983).
In brief, the Policy Statement provides that if the Board needs more information about a pending inspection or investigation than the NRC Staff or OI is willing to provide in an unrestricted disclosure, then the Board may arrange to receive such information (and an explanation of the basis for the Staff or OI concern about disclosure) in camera and without disclosure of the substance to the other parties, but after notice to them of the procedure being followed.
The Board may then determine that the pending investi-gations implicate no serious safety matters requiring further proceedings, and may proceed to close the record and, after receipt of necessary filings (e.g.,
proposed findings of fact), issue the final initial decision.
Conversely, the
t Board may determine that additional evidence on the matters under investigation is necessary, and may then either requirc disclosure of some or all of the information received in camera or await the completion of the investigations.
Should there be disagreement between the Board and the Staff regarding the disclosure of the in camera information, the Policy Statement provides that the Staff may petition the Commission for guidance or relief and the Board should refrain from ordering the additional disclosure until the Commission acts.
As we understand the posture of this case, the Board intends to await input from the Staff on the following principal matters 2/ before closing the record:
2/ The matters listed are those referred to in the Notice cancelling the August hearing session (4 8 Fed. Reg. 34169 (July 27, 1983)). A complete listing might also include possible enforcement matters identified in the CAT Report and SIT matters left unresolved during the May hearings.
The Board at one point noted that it might want further information on these two items before determining whether to close the record.
(Tr. 8615-16).
Although there are also a number of matters in the Proposed Initial Decision of July 29, 1983, that the Board proposes to classify as "open items," we believe, for the reasons discussed in Applicants' Objections to Proposed Initial Decision, August 29, 1983, that no further submissions or hearings should be required on any of these matters.
However, should the Board rule that it needs further submissions or evidence on any of these matters discussed in its proposed decision, we urge that the Board schedule the receipt of that material so that the initial decision may be issued by the end of November.
t (1) Investigation into inspector irtimidation and management commitment to QA. 3/
The Board indicated its intention to await the outcome of this investigation (Tr. 8714).
(2) Investigation into intimidation allegation discussed in the CAT Report.
The Board treated this matter identically to Item (1) (Tr. 8714).
(3) Investigation into an independent allegation which arose during the CAT investigation.
Since the Staff originally referred to this matter as part of Item (2), we assume the Board means to treat it identically to Items (1) and (2) (Tr. 8714).
Applicants move that the Board (1) schedule oral reports by the Staff on these matters to be received in camera so that the Board can determine either that the record can be closed or that further proceedings are needed, (2) close the record following review of such reports if the Board determines no further proceedings are required, (3) alternatively, if the Board determines that further proceedings are required, schedule any such further proceedings, and (4) schedule the filing of proposed findings and issuance of the final decision.
3/ The Atchison decision by the Department of Labor
(" DOL")
gave rise to this investigation.
That decision is the subject of a proposed NRC enforcement action issued by Region IV on August 29, 1983.
The Board has already determined that the DOL decil _Jn alone does not establish the existence of a safety problem at Comanche Peak.
Memorandum and Order (Collateral Estoppel; Atchison Case) (July 6, 1983) at 4.
( Based on our understanding of the matters to be con-sidered, we believe that a two-day special in camera proceeding should be ample.
We propose that September 12 and 13 be set aside for this purpose.
Further, we propose that the remaining schedule for the case be established, consistent with 10 C.F.R. Part 2, Appendix A, SVI(d),
leading to a final decision date of December 9, 1983.
Accordingly, additional hearings (if the Board deems them necessary), proposed findings, and the initial decision should be accomplished on the following schedule:
Schedule In camera response on inspections /
investigations September 12-13 Board determination on closing record or further proceedings September 16 Dates for final hearings (if any)
October 10-14 Applicants' and intervenor's proposed findings on all out-standing matters (if no further proceedings are necessary)
October 14 Applicants' and intervenor's proposed finding on all out-standing matters (if further hearings are necessary)
November 7 NRC Staff's proposed findings 7 days after Applicants' on all outstanding matters filing Applicants' reply to proposed 7 days after Staff's findings (if any) filing
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Initial Decision issued December 9 i
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( Because time is short and all parties have been on notice as to the pendency of the open matters noted above, written replies to this motion would simply consume time and effort to no useful purpose and thus there is good cause to provide for expedited replies by transcribed conference call.
Hence, Applicants move the Board to require replies hereto through a telephone conference to be initiated by the Board and held on the morning of August 31 or at such other earlier date as may be convenient for the Board.
Respectfu y
mitted
/.,
Nichol Reynolds Debevo' e.6 Liberman 1200SeveheenthStreet, N.W.
Washin
- ton, D.C.
20036 (202) 57-9817 Counsel for Applicants August 30, 1983
s
(
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
TEXAS UTILITIES GENERATING
)
Docket Nos. 50-445 and COMPANY, - _al.
)
50-446 et (Comanche Peak Steam Electric
)
(Application for Station, Units 1 and 2)
)
Operating Licenses)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing " Applicants' Motion To Establish Schedule For Special Proceeding, Further Proceedings (If Necessary) And For Closing Record; And For Expedited Reply," in the above-captioned matter were served on the following persons by deposit in the United States mail, first-class postage prepaid or express delivery (*) on August 30, 1983, or by hand delivery (**)
on the 31st day of August 1983:
- Peter B.
Bloch, Esq.
Chairman, Atomic Safety and Chairman, Atomic Safety Licensing Appeal Panel and Licensing Board U.S.
Nuclear Regulatory U.S.
Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555
- Stuart A.
Treby, Esq.
- Dr. Walter H.
Jordan Office of the Executive Member, Atomic Safety and Legal Director Licensing Board U.S.
Nuclear Regulatory 881 W.
Outer Drive Commission Oak Ridge, Tennessee 37830 Washington, D.C.
20555
- Dr. Kenneth A. McCollom
- David J.
Preister, Esq.
Dean, Division of Engineering, Assistant Attorney General Architecture and Technology Environmental Protection Oklahoma State University Division Stillwater, Oklahoma 74074 P.O. Box 12548 Capitol Station Chairman, Atomic Safety and Austin, Texas 78711 Licensing Board Panel U.S.
Nuclear Regulatory Commission Washington, D.C.
20555
j
, Mr. John Collins Mr. Scott W.
Stucky Regional Administrator, Docketing & Service Branch Region IV U.S. Nuclear Regulatory U.S.
Nuclear Regulatory Commission Commission Washington, D.C.
20555 611 Ryan Plaza Drive, Suite 1000 Mrs. Juanita Ellis Arlington, Texas 76011 President, CASE 1426 South Polk Street Dallas, Texas 75224 Nichola;s S.
Reynolds s
a cc:
Ilomer C.
Schmidt Spencer C.
Relyea, Esq.