ML20128M529
| ML20128M529 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 02/09/1993 |
| From: | Wagoner E TEXAS MUNICIPAL POWER AGENCY |
| To: | Murley T Office of Nuclear Reactor Regulation |
| References | |
| NUDOCS 9302220200 | |
| Download: ML20128M529 (4) | |
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Mr. Thomas E. Murley, Director Office of Huclear Reactor Regulation United States Nuclear Regulatory Comission Washington, D. C.
20655
Dear Mr. Murley:
l This will acknowledge receipt of your letter of January 12,.1993.
Texas Municipl Power Agency. ("TMPA") does not new take, nor has it ever taken the -
position that the agreemerit entered into between it and Texas Utilities Electric Corporation ("TUEC") on February 12, 1988, prohibits either TMPA, someone speaking on behalf of TMPA, or individuals from bringing or assisting others from-bringing safety information or concerns to the Nuclear Regulatory Comission-PNRC").
TMPA respectfully disagrees with your conclusions that any' language contained in the TMPA/TUEC agreement could have caused a " chilling affect" in.tho.
past or may cause such a " chilling effect" in-the future resulting.in the' NRC.
being deprived of safety information.
Your letter states, "Accordingly TMPA should take actions to ensure that all individuals cnd organizations that could be affected. by; the potentiaily 4
restrictive provisions in the-IMPA agreement clearly understand that.. anyone may,-at any time, bring safety information to the NRC,._.."- TMPA'and TUEC. 'being.
the only parties to the agrement, are the only entities or organizations' bound by its terms. TMPA has obtained the written assurance of idEC, attached hereto, m
that TUEC does not interpret the agreement to prohibit lTMPA,.its employees or representatives from 'commurAcating safety'conceras to the NRC..Likewise, TMPA does not interpret the agreement to contain any. such prohibition; TMPA is unaware of any in'dividual er organization connected with it who.has interpreted the language in its February 12, 1988 agreement with TUEC to deprive -
the NRC of safety informatior with respect to the. CPSES..
c, Very truly yours,
}".Le4kx L
Ed L. Wagoner Executive Director and General Manager EW/dv.
1nn190 9302220200-930209 l-PDR ADOCK 05000445 1
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THE STATE OF TEXAS COUNTY OF GRIMES E.
This instrument was acknowledged before me on the _9th day of February
, 1993, by Ed L. Wagoner.
M1. 0)$7 red di Mf[T.
Notary PcSlic in and for the State of-u
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ex:n 24,19;5 Texas yn -.= _ - - _ +-.
Wanda M. Callahan (Printed Name of Notary)
My Comission Ey?1res:
3/24/95 c:
Mr. Richard E. McCaskill Executive Vice President and General Manager Brazos Electric Power Conperative, Inc.
2404 LaSalle Avenue Waco, Texas 76702-2585 Mr. William J. Cahill, Jr.
Group Vice President, Nuclear Texas Utilities Electric Company 400 North Olive Street, L.B. 81 Dallas, Texas 75201 Mr. John H. Butts, Manager Tex-l.a Electric Cooperative of Texas, Inc.
P.O. Box 1623 Nacogdoches, Texas 75963-1623 l
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4 Mr. Ed Wagoner, General Nanager Texas Hunicipal Power Agency 3
P. O. Box 7000
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Bryan,. TX 77805 S
SUBJECT:
CONANCHE PE!K STEAH ELECTRIC STATION (CPSES)
DOCKET N05.'50 445 AND 50-446 RESP 0liSE TO NRC RE0 VEST FOR INFORM TION
Dear Mr,
Wagoner:
1 in a recent pleading filed.by the Nuclear Pegulatory Commission (HRC). -
1 Staff connection with the Comanche Peak Steam Electric-Station (CPSES) b Construction Permit Extension matter, counsel for the-NRC Staff took'.the ld position tnat-certain provisions of thf CPSES minority owner litigation settlement agreements'.(Sections 9.2 anj 9.7J[9.6 of the TMPA Agreement])-
were in conflict with Commission polity, insofar _as they preclude the' minority owners f rom bringing-inf orma tion of regulatory' concern to tt)e;.NRC.
On January 12. 1993. the Director of Nuclear Reactor. Regulation wrote each of the minority wners (Brazos. THPA, and TeeLa) and TU Electric egressing concerns aDout the potentially rertrictive provisions of:these-settlement' agreements and asking1the minorl*,y _ owners and TU Electric to inform him-of what actions have been or-will oe taken in orr'er to' assure that ' individuals and organi7ations do not believe that they-are peecluded by these settlement agreements from coming to the NRC with. safety concerns.
- A TV Electric continues to believe that these settlement agreements.--including;
(
the provisions cited by the:WRC Staff, are consistent with official-Commission _ policy.
More particularly, Section 9.7;of each of the' settlement'-
agreements specifically provides that each minority owner.(as well.as.those-acting on behalf of the minority-owners, such as its_membersp agents.
servants, employees, officers, directors, consultants ettorneys,'and:
representatives)~ was freesto comply with Section 210'(now Section-211) of;
~
-; 4 the Eneruy Reorganization Act - which _in turn reflects. a. policy;to' ensure.
lthat= employees of nuclearnlicensees (such as the. minority owners) ore free' to report safety concerns to the NMC.
Furthermore, in r. aid <section of each agreement,'each minority owner made: affirmative representations andL warranties that it did:not knok of 'any vio'lation,iactual;or alleged, ofJ Section 210 that had not previously>been disclosed to TU Electric. in writing..It was thus clearly the intention'of TU Electric to insure that?
all safety concerns had'or would be made known to the NRC, enforceable.
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.TXX 93066 Page 2 of 2 Nevertheless, in order to affirm and clarify TU Electric's intent and to resolve the'NRC's Staff's concerns. TU Clectric is hereby advising Texas Municipal Power Agency that the subject provisions are not intended to prohibit the minority owners, thair employees, or representatives from communicating safety concerns to the NRC, and accordingly TU Electric will not attempt to impose or enforce any such prohibition.
These individuals or organizations may, at any time, bring safety information to the NRC. If the individual or organization so chooses.
To the extent tilat these provisions prohibit the minority owners from initiating or participating in litigation involving Comanche Peak, including litigation before the NRC.'they will continue to be ef f ective and enforceable.
Yours truly, j'
a Wes M. Taylor RSB/ds e
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