ML20137A035

Board Notification 85-077:discusses Staff Determination of Applicant Potential Matl False Statement of U-bolt Sample. Listed Memos Encl

ML20137A035
Person / Time
Site:	Comanche Peak
Issue date:	08/20/1985
From:	Noonan V NRC - COMANCHE PEAK PROJECT (TECHNICAL REVIEW TEAM)
To:	Asselstine, Palladino, Roberts NRC COMMISSION (OCM)
Shared Package
ML20136F556	List: ML20136F552 ML20136G199 ML20137A035 ML20137C368 ML20137C403 ML20137C427 ML20137C447 ML20137D123
References
TASK-AS, TASK-BN85-077, TASK-BN85-77 BN-85-077, BN-85-77, NUDOCS 8508210260
Download: ML20137A035 (2)

Text

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[og UNITED STATES i

[ g NUCLEAR REGULATORY COMMISSION e y ep WASHINGTON, D. C. 20555

.....*  % 20755 Docket Nos.: 50-445 and 50-446 MEMORANDUM FOR: Chairman Palladino Comissioner Roberts Commissioner Asselstine '

Comissioner Bernthal Comissioner Zech FROM: Vincent S. Noonan, Director for Comanche Peak Project Division of Licensing Office of Nuclear Reactor Regulation

SUBJECT:

BOARD NOTIFICATION - STAFF'S DETERMINATION OF APPLICANTS POTENTIAL MATERIAL FALSE STATEMENT ON U-BOLT SAMPLE (B0ARD NOTIFICATION NO.85-077)

This Notification is being provided to the Comission in accordance with .the revised Comission's notification policy of July 6,1984, to inform the Comission on all issues on the cases before the Comission.

The Licensing Board previously was informed by NRC staff pleading to the Board entitled, "NRC Staff Response To CASE's Motions and CASE's Answer to Applicants' Response To Board Request For Information Regarding Cinched Down U-bolts", dated December 7,1985, it wp indicated that the Comanche Peak Task Force staff had requested the advise of the Office of Inspection and Enforcement to determine whether Texas Utilities Electric Company

(" Applicants") had made a " material false statement" warranting enforcement action. The statement was contained in an affidavit Applicants provided in support of a motion for summary disposition regarding cinched down U-bolts and related to Applicants statement that a " randomly selected respresentative sample of cinched down U-bolt supports" had been inspected at the Comanche Peak Steam Electric Station. The Comanche Peak Task Force staff has now completed its assessment of the significance of the Applicants' U-bolt sample discussed in Applicant's Motion of Sumary Disposition Regarding Cinched Down U-bolts (See Enclosure 4) and based on this assessment, Office of Inspection and Enforcement has determined that the statement is not a material false statement within the meaning of section 186 of the Atomic Energy Act, as the amended (See Enclosure 5).

Enclosed for your information are NRC internal memorandum on this subject, leading to this decision. By Board Notification No.85-053 the staff provided you with a sumary of a public meeting conducted on April 22, 1985, between 508210260

I the NRC staff and Texas Utilities concerning Applicants U-bolt Torque Sample I I

which facilitated the stafft review. _

The parties to the proceeding are being notified by the copy of this memorandum.

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c . na rector for Coma che Pe k Project Division Licensing Office o Nuclear Reactor Regulation

Enclosures:

1. Memorandum for R. DeYoung from V. Noonan, dated November 26, 1984, RE: Comanche Peak Project Staff request for Office of Inspec-tion and Enforcement advice on potential material false statement made by Applicants (without enclosures).

2. Memorandum for V. Noonan from J. Taylor, dated March 21, 1984, RE: Office of Inspection and

- Enforcement request for additional information through Office of Investigations.

3. Memorandum for D. Eisenhut from R. Vollmer, dated April 4, 1985, RE: Inspection and Enforcement action pending until Nuclear Reactor Regulation review of technical issues.

4. Memorandum for J. Taylor from V. Noonan, dated June 23, 1985, RE: Staff's assessment of significance of Applicants' U-bolt sample discussed in Applicant's motion for summary disposition regarding cinched down U-bolts.

5. Memorandum from V. Noonan from J. Taylor, dated July 19, 1985, RE: Office of Inspection and Enforcement determination that Applicants'

-had not made a material false statement.

cc: P. Bloch, ASLB W. Jordan, ASLB K. McCollom, ASLB E. Johnson, ASLB H. Grossom, ASLB SECY (2)

EDO 0GC OPE ACRS (10)

Parties to the Proceeding See next page