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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20216F4891999-09-17017 September 1999 Comment Supporting NEI Comments Re Proposed Rules 50 & 72 Re Certain Reporting Requirements for Nuclear Power Reactors. Expresses Concern Re Proposed Reporting Requirement 10CFR50.73(a)(2)(ii)(c) Re Significantly Degraded Component ML20206A0541999-04-26026 April 1999 Memorandum & Order.* All Petitioners to Intervene Have Withdrawn Their Petition,Proceeding Terminated.With Certificate of Svc.Served on 990426 ML20205S0031999-04-23023 April 1999 Affidavit of JW Yelverton Supporting Proposed License Transfer & Conforming Amends.Util Requests That Designated Documents Be Withheld from Public Disclosure,Per 10CFR2.790 (a)(4) & 10CFR9.17(a)(4) ML20203G7821999-02-16016 February 1999 Petition of Local 369 & 387,Utility Workers Union of America,AFL-CIO for Leave to Intervene & Request Hearing.* Requests That Hearing Be Scheduled on Commission Consideration to Approve Transfer.With Certificate of Svc ML20153C1411998-09-20020 September 1998 Comment on Proposed Rule 10CFR2 & 51 on Subpart M Re Transfer of Operating License ML20100M5251996-03-0101 March 1996 Comment on Proposed Rule 10CFR20 Re Rept Requirements for Unauthorized Use of Licensed Radioactive Matl.Proposed Rule Change Wording Concerning What Conditions Must Be Met to Require Reporting Inexact ML20101B9931996-03-0101 March 1996 Comment Opposing Proposed Rule 10CFR20 Re Reporting Requirements for Unauthorized Use of Licensed Radioactive Matls BECO-95-125, Comment Supporting Pr 10CFR60,72,73 & 75 Re Safeguards for Spent Nuclear Fuel1995-12-14014 December 1995 Comment Supporting Pr 10CFR60,72,73 & 75 Re Safeguards for Spent Nuclear Fuel ML20093B5971995-10-0303 October 1995 Comment on Proposed Bulletin 95-XX & Reg Guide DG-1038, Debris Clogging of BWR ECCS Suction Strainers. Endorses BWROG Comments ML20086A8791995-06-14014 June 1995 Comment Supporting Proposed Rule 10CFR73 Re NRC Initiative to Eliminate Requirement to Post Security at Primary Containment Entrance During Refueling & Major Maint Periods ML20082Q5511995-04-21021 April 1995 Comment on Proposed Rules 10CFR170 & 171 Re Fee Schedules for FY95 Revisions.Endorses NEI Comments ML20082M3251995-04-14014 April 1995 Comment Supporting Proposed Draft Policy Statement Re Freedom of Employees in Nuclear Industry to Raise Concerns W/O Fear of Retaliation ML20078L2151995-02-0303 February 1995 Comment Opposing Proposed Rule 10CFR50 Re Shutdown & Low Power Operations for Nuclear Power Reactors ML20078S6631994-12-19019 December 1994 Comment Supporting Proposed GL Re Reconsideration of NPP Security Requirements for an Internal Threat ML20076L2561994-10-24024 October 1994 Comments on Proposed Rule 10CFR2 Re Reexamination of NRC Enforcement Policy.Endorses Response Submitted by Nuclear Energy Institute ML20062M4241994-01-0303 January 1994 Comment Supporting NUMARC Position on Proposed Rule Re Protection Against Malevolent Use of Vehicles at NPPs ML20059C3721993-12-29029 December 1993 Exemption from DAC Values for Kr-89 & Xe-137 in Table 1 of App a to 10CFR20.Approves Use of Proposed Values in Request When Determining Whether Area Requires Posting as Airborne Radioactivity Area BECO-93-166, Comment Supporting NUMARC Petition for Rulemaking to Amend 10CFR21,PRM 21-21993-12-28028 December 1993 Comment Supporting NUMARC Petition for Rulemaking to Amend 10CFR21,PRM 21-2 ML20058P1811993-12-14014 December 1993 Director'S Decision 93-20 Denying Petition to Delaying Startup Until Hardware Modifications Designed to Eliminate Errors in Reactor water-level Measurement Made ML20058D6561993-11-19019 November 1993 Director'S Decision Under 10CFR2.206 Denying Petition Requesting That NRC Reconsider 910730 Decision Giving Unanimous Approval of Task Force Recommendation Re Reasonable Assurance Finding Re EP for Plant ML20057C1281993-09-13013 September 1993 Memorandum & Order (Termination of Proceeding).* W/Certificate of Svc.Served on 930916 ML20057C0951993-09-13013 September 1993 Memorandum & Order (Termination of Proceeding).* Informs of Petitioner Withdrawal of Motion to Intervene & Request for Hearing,Therefore Board Terminates & Dismisses Proceeding Herein.W/Certificate of Svc.Served on 930914 ML20057A1531993-09-0202 September 1993 NRC Staff Response to Ma Atty General Withdrawal of Motion to Intervene & Request for Hearing.* NRC Does Not Object to Atty General Withdrawal.Licensing Board Should Issue Order Dismissing Proceeding.W/Certificate of Svc ML20056G5081993-08-26026 August 1993 Commonwealth of Ma Atty General Withdrawal of Motion to Intervene & Request for Hearing.* W/Certificate of Svc ML20056E6871993-08-13013 August 1993 Memorandum & Order (Extension of Time).* Petitioner Suppl W/ Contentions Should Be Filed by 930827 & Licensee Response to Suppl Should Be Filed within 10 Days Thereafter.W/ Certificate of Svc.Served on 930813 ML20046D0251993-08-11011 August 1993 Joint Motion to Extend Date for Filing Petitioners Contentions.* Parties Jointly Request That Board Extend Date for Filing Petitioner Contentions from 930813 to 930827. W/Certificate of Svc ML20056C8601993-07-16016 July 1993 Memorandum & Order (Extension of Time).* Petitioner Suppl W/ Contentions Should Be Filed by 930813,util Response to Suppl within 10 Days After Svc & NRC Response to Suppl within 15 Days After Svc.W/Certificate of Svc.Served on 930719 ML20056C8971993-07-15015 July 1993 Joint Motion to Extend Date for Filing Petitioners Contentions.* W/Certificate of Svc ML20045D2201993-06-0808 June 1993 Response of Boston Edison Co to Commonwealth of Ma Atty General Request for Hearing & Petition to Intervene.* Util Will Defer Further Response Until Petitioner Files Suppl Re Specific Contentions.Certificate of Svc Encl ML20045D2271993-06-0808 June 1993 Response of Boston Edison Co to Ma Atty General Request for Hearing & Petition to Intervene.* W/Certificate of Svc & Notices of Appearance ML20045A6721993-05-27027 May 1993 State of Ma Atty General Request for Hearing & Petition to Intervene Re Plant Proposed Amend to License DPR-35 Increasing Allowed Fuel Assembly Storage Cells.* W/Certificate of Svc ML20045A6741993-05-27027 May 1993 Notice of Appearance.* Notice of Appearance of Undersigned for State of Ma Atty General BECO-92-135, Comments on Proposed NRC Generic Communication,Augmented Inservice Insp Requirements for Mark I & Mark II Steel Containments,Refueling Cavities & Associated Drainage Sys1992-12-21021 December 1992 Comments on Proposed NRC Generic Communication,Augmented Inservice Insp Requirements for Mark I & Mark II Steel Containments,Refueling Cavities & Associated Drainage Sys ML20115A6581992-10-0505 October 1992 Comments on Proposed Changes to SALP Program BECO-92-073, Comment Opposing Draft Rev 3 to Reg Guide 01.0091992-07-10010 July 1992 Comment Opposing Draft Rev 3 to Reg Guide 01.009 BECO-92-072, Comment Supporting Proposed Rule 10CFR50 Re Receipt of Byproduct & SNM1992-07-10010 July 1992 Comment Supporting Proposed Rule 10CFR50 Re Receipt of Byproduct & SNM ML20086K8791991-10-31031 October 1991 Petitions Commission to Reconsider 910730 Approval of Task Force Recommendation Stating That NRC Did Not Need to Reconsider NRC Reasonable Assurance Finding Re Emergency Preparedness for Pilgrim Station ML20135A4581991-06-12012 June 1991 Transcript of 910612 Meeting in Plymouth,Ma Re Pilgrim Task Force Public Hearing.Pp 1-148.W/certificate & Title Page BECO-91-067, Comment Opposing Proposed Rules 10CFR71,170 & 171, Rev of Fee Schedules;100% Fee Recovery1991-05-13013 May 1991 Comment Opposing Proposed Rules 10CFR71,170 & 171, Rev of Fee Schedules;100% Fee Recovery ML19332G5121989-12-0101 December 1989 Comment on Draft Reg Guide,Task DG-1001, Maint Programs for Nuclear Power Plants. Util Endorses Nuclear Power Industry Comments & NUMARC Position ML20235A9561988-12-0909 December 1988 Transcript of 881209 Meeting in Rockville,Md W/Public Officials Having Responsibility for Emergency Planning for Pilgrim Nuclear Power Plant.Related Info Encl.Pp 1-185 ML20205E1531988-10-14014 October 1988 Transcript of 881014 Meeting in Rockville,Md Re Discussion/ Possible Vote on Facility Restart.Pp 1-104.Supporting Documentation Encl ML20205J3531988-10-0505 October 1988 Transcript of 881005 Meeting in Rockville,Md Re Status of Readiness for Restart of Facility.Pp 1-94 ML20155D9391988-10-0505 October 1988 Second Interim Director'S Decision DD-88-17 Under 10CFR2.206 Re Request for Proceeding to Modify,Suspend or Revoke Ol.Portion of Petition Re Mgt Issues Denied.Portion Re Emergency Preparedness Issues to Be Addressed Later ML20206G9181988-09-29029 September 1988 Transcript of NRC 880929 Technical Meeting in Plymouth,Ma Re Review of Proposed Restart of Facility & NRC 881005 Meeting W/Util in Rockville,Md Re Readiness of Restart ML20153H0381988-08-26026 August 1988 Transcript of ACRS Ad Hoc Subcommittee on Pilgrim Restart 880826 Meeting in Plymouth,Ma.Pp 1-232.Related Documentation Encl ML20235T8761988-08-25025 August 1988 Rev 0 to Pilgrim Station Evacuation Time Estimates & Traffic Mgt Plan Update.* Apps A,B & M Encl ML20235T7301988-08-15015 August 1988 Rev 4 to Massachussetts Civil Defense Agency Area II Radiological Emergency Response Plan for Pilgrim Nuclear Power Station.* ML20247N7531988-07-28028 July 1988 Petition for Rulemaking PRM-50-53 Requesting NRC Action to Review Undue Risk Posed by BWR Thermal Hydraulic Instability.Nrr Should Issue Order Requiring All GE BWRs to Be Placed in Cold Shutdown for Stated Reasons ML20235T6901988-07-28028 July 1988 Rev 5 to City of Taunton Radiological Emergency Response Plan for Pilgrim Nuclear Power Station.* Related Info Encl 1999-09-17
[Table view] Category:ORDERS
MONTHYEARML20206A0541999-04-26026 April 1999 Memorandum & Order.* All Petitioners to Intervene Have Withdrawn Their Petition,Proceeding Terminated.With Certificate of Svc.Served on 990426 ML20057C1281993-09-13013 September 1993 Memorandum & Order (Termination of Proceeding).* W/Certificate of Svc.Served on 930916 ML20057C0951993-09-13013 September 1993 Memorandum & Order (Termination of Proceeding).* Informs of Petitioner Withdrawal of Motion to Intervene & Request for Hearing,Therefore Board Terminates & Dismisses Proceeding Herein.W/Certificate of Svc.Served on 930914 ML20056E6871993-08-13013 August 1993 Memorandum & Order (Extension of Time).* Petitioner Suppl W/ Contentions Should Be Filed by 930827 & Licensee Response to Suppl Should Be Filed within 10 Days Thereafter.W/ Certificate of Svc.Served on 930813 ML20056C8601993-07-16016 July 1993 Memorandum & Order (Extension of Time).* Petitioner Suppl W/ Contentions Should Be Filed by 930813,util Response to Suppl within 10 Days After Svc & NRC Response to Suppl within 15 Days After Svc.W/Certificate of Svc.Served on 930719 ML20205K3621986-02-25025 February 1986 Order Imposing Civil Monetary Penalty in Amount of $25,000, Based on Violation Noted During 850806-08 Insp.Violation Noted:Two Openings in Vital Area Barrier ML20137H3461985-11-27027 November 1985 Memorandum & Order Denying Util Request for Extension of 851130 Deadline for Environ Qualification of Electric Equipment at Plant.Served on 851127 ML20132E1971985-07-31031 July 1985 Order Extending Time for Jf Doherty to File Brief in Support of Appeal from 850719 Order to 850814.Served on 850801 ML20129K1561985-07-19019 July 1985 Memorandum & Order Dismissing Jf Doherty 850621 Request for Hearing & Petition for Leave to Intervene.Decision Will Constitute Final Decision within 30 Days If Not Appealed. Served on 850722 ML20237L4631984-11-29029 November 1984 Order Modifying License DPR-35.Licensee Shall Complete Independent Contractor Assessment of Radiological Controls Program by 841230 & Provide Region I Administrator W/ Contractor Repts by 850130 ML20058J0301982-08-0606 August 1982 Order Extending Time for Commission to Decide Whether to Review IE Denial of State of Ma Executive Ofc of Energy Resources 820318 Request for Action Under 10CFR2.206 Until 820811 ML20054L9461982-07-0808 July 1982 Order Extending Time Until 820729 for Commission to Decide Whether to Review IE Director Denial of Ma Executive Ofc of Energy Resources 820318 10CFR2.206 Request for Action ML20054G2081982-06-18018 June 1982 Order Extending Time Until 820708 for Commission to Decide Whether to Review IE Director Denial of Ma Executive Ofc of Energy Resources 820318 10CFR2.206 Request ML20058K7101973-12-18018 December 1973 Memorandum & Order.* Order Requesting Derating of Certain BWRs ML20127J3481973-08-0606 August 1973 Memorandum & Order Re Petition for Derating of Certain BWRs 1999-04-26
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
,85 Hou 27 A9:46 COMMISSIONERS: y r, '
Nunzio J. Palladino, Chairman Thomas M. Roberts James K. Asselstine Frederick M. Bernthal SO WD M V'A7198b Lando W. Zech, Jr.
)
BOSTON EDISON COMPANY )
) Docket No. 50-293 - 6 C (Pilgrim Nuclear Power Station, )
Unit 1) )
)
MEMORANDUM AND ORDER By letter dated September 23, 1985, as supplemented on October 30, November 15, and November 26, 1985, the Boston Edison Company ("BEC0")
requested that the Commission grant an extension from the November 30, 1985, deadline for environmental qualification of electric equipment at the Pilgrim Nuclear Power Station, Unit 1. The request covered five items of equipment for which an extension was sought until February 8, 1986. The Commission has reviewed in detail the licensee's submittals and the staff's analysis and recommendation as set forth in SECY-85-338 and SECY-85-338A. Based on this review the Commission finds that the licensee has failed to demonstrate the exceptional nature of its case such that an extension is denied.
The Commission most recently addressed the environmental qualifica-tion issue in Generic Letter 85-15, issued August 6, 1985. In that letter the Comission stated that extensions from the November 30 8512020372 051127 PDR ADOCK 05000293 G pyg r
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2 deadline established in 10 CFR 50.49(g) would be granted "only in rare circumstances." The Commission further stated that extension requests "must clearly identify the exceptional nature of the case, e.g., why, through events entirely beyond its control, the licensee will not be in compliance on November 30; the date when compliance will be achieved; and a justification for continued operation until compliance will be achieved." The Commission also set forth an enforcement policy >
regarding failure to meet the deadline.
This licensee's request involves five items: eight Yarway level indicating switches, two Fenwal temperature switches, two Electroswitches in the alternate shutdown panels, one Type S1 cable, and two Type S15 cables. BEC0 has advised the Commission that qualification testing recently has been completed as to only four of the five items and that the documentation necessary to support qualification has not been finalized as to any of these four. Under Generic Letter 85-15, failure to complete qualification documentation is considered by the Commission as a failure to be in compliance with 10 C.F.R. 50.49.
Licensee has put forth a number of factors that it suggests are grounds for an extension, including late discovery of the need for testing one of the items when it was determined that qualified replacements did not meet the facility's required operating characteristics, delays in obtaining test samples of items, the inability o'f the test laboratory retained by BEC0 to complete the
< testing sooner, and the need to revise its test program for one item to address conditions unique to the Pilgrim facility. After reviewing n
these explanations, the Commission finds the licensee has failed to
t h
3 demonstrate as to each item that circumstances beyond its control resulted in its failure to qualify the equipment. Accordingly, the Commission concludes that an extension of the November 30 deadline is not appropriate.
The Commission therefore denies the request of BECO for an extension on Pilgrim Unit 1. The staff has reviewed the justifications for continued operation and finds they support safe operation until February 8, 1986, the date to which BEC0 has requested an extension for completion of qualification of the equipment in question. However, if BECO chooses to operate the Pilgrim facility at any time between November 30, 1985, and February 8,1986, without completing qualification of the equipment in question, it will be subject to civil penalties in accordance with Generic Letter 85-15.
Commissioners Roberts and Zech disapproved this order.
It is so ORDERED.
F the Commission c,#R 8E4f fhf\Jt k
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j SAMUEL J.[ttilLK jj Secretary
' of the Commission
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DatedatWashington,U.'b."..>'.V '
T.1 this 2 ; day of A/%f<e% 1985.
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