ML20126A896
| ML20126A896 | |
| Person / Time | |
|---|---|
| Site: | 05000000, Summer |
| Issue date: | 01/20/1983 |
| From: | Cunningham G NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Harold Denton, Minogue R Office of Nuclear Reactor Regulation, NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| Shared Package | |
| ML20125E231 | List: |
| References | |
| FOIA-84-827 ALAB-710, NUDOCS 8506130506 | |
| Download: ML20126A896 (3) | |
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January 20, 1983 NOTE TO:
arold R. Denton, Director Office of Nuclear Reactor Regulation Robert B. Minogue, Director Office of Nuclear Regulatory Research e
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FROM:
Guy H. Cunningham, III Executive Legal Director
SUBJECT:
APPEAL BOARD DECISION (ALA8-710) ON SUMMER OPERATING LICENSE j
On January 13, 1983, the Appeal Board concluded its sua sponte review of U
the Summer July 20, 1982 partial initial decision (LIF 82-55) and the j
August 4,1982 supplemental partial initial decision (LBP-82-57) and d
affirmed the issuance of the Summer operating license, as conditioned by
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.the Licensing Board. The Appeal Board stated that it did not " subscribe y
to every subsidiary finding of the Licensing Board" but found no error j
affecting the validity of the ultimate result reached by that Board.
The Appeal Board did make a number of additional comments. First, the Appeal Board found that the board notification (BN-82-122, December 17, 1982) indicating that the U.S. Geological Survey had recently clarified d
its position on the Charleston carthquake was not a basis to reexamine
.j the construction permit Licensing Board's conclusions, or to reopen the a
record on the Charleston earthquake. Slip op. at 3.
However, if the Staff later detemines that the significance of the USGS clarification undennines the evidence of record, the Appeal Board expects substantially' assure that the Applicants take whatever steps are necessary i
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the Staff to to provide reasonable assurance of the safe operation of Summer. Id.
Second, in regard to the reported confirmed instances of alcohol and drug j:
abuse during construction at Summer, the Appeal Board noted that the Com-mission is considering drug and alcohol use at operating nuclear facilities in pending rulemaking and sugcests that the Cormission explore in the ongoing rulemaking the safety consequences of alcohol and drug use during
,e construction. Id. at 4.
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Third, in light of the Licensing Board's connents on calling indep' cision, endent i
experts contained in an appendix to its July 20 partial initial de I
the Appeal Board reaffirmed its opinion in ALAS-663,14 NRC 1140 (1981), and repeated several major points about licensing boards' authority to call witnesses,-licensing-boards" obligation 7o explain their rulings and,-"most important to the adjudicatory process," their obligation "to comply with Appeal Board directives whether they agree with them or not."
Id. at 6.
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't ij Judge Rosenthal further opined, in a concurring opinion, that the appendix i
to the July 20 partial initial decision was an endeavor to perpetuate the controversy over calling independent witnesses which "was not only unseemly 1
but of no p,'ossible useful purpose." Id. at 8.
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GuyH.Cunningha(III Executive Legal Director c
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W. Dircks J. O'Reilly i
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