ML20141M537

Notice of Receipt of Petition for Director Decision Under 10CFR2.206 Requesting Certain Enforcement & Other Actions for Allegation Re Util Payment of Hush Money to Keep Significant Info from NRC & Petitioners

ML20141M537
Person / Time
Site:	Comanche Peak
Issue date:	08/26/1992
From:	Murley T Office of Nuclear Reactor Regulation
To:
Shared Package
ML20141M533	List: ML20141M531 ML20141M537 ML20141M539
References
2.206, NUDOCS 9209010092
Download: ML20141M537 (2)

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,- 7590-01 U.S. NUCLEAR REGULATORY COMMl!SION DOCKET N05. 50-445 AND 50-446 lEXAS UTILITIES ELECTRIC COMPANY COMANCHE PEAK STEAM ELECTRIC STATION, UNITS 1 AND 2 RECEIPT OF PETITION FOR DIRECTOR'S DECISION UNDER 10 CFR 2.206 Notice is hereby given that Mr. Michael D. Kohn, on behalf of Messrs.

Macktal and Hasan (Petitioners), submitted to the U.S. Nuclear Regulatory Commission (NRC) on June 11, 1992, a Petition requesting certain enforcement and other actions.

As a basis for this request, the Petitioners allege the discovery of new evidence of a continuing practice by Texas Utilities Electric Company gTU Electric; licensee) to pay " hush money" to keep significant information about Comanche Peak Steam Electric Station, Units 1 and 2 (CPSES) from the Petitioners and the NRC. Specifically, the Petitioners refer to a January 30, 1990,. settlement agreement between the licensee and the Tex-La Electric Cooperative of Texas, Inc. (Tex-La), a former co-owner of CPSES, which allegedly contains restrictive language in violation of .ection 210 of the Energy Reorganization Act and 10 CFR 50.7.

On the basis of this information, the Petitioners requested (1) orders suspending TV Electric's license to operate CPSES Unit 1 and its permit to ,

construct CPSES Unit 2; and (2) that the expiration date of TV Electric's permit to-constrxt Unit 2 not be extended. Petitioners also requested that the Commission take immediate actions; specifically (1) that a licensing board be established to allow public scrutiny into TV Electric's alleged practice of paying " hush money"; (2) that the NRC notify TU Electric arid former minority owners that no settlement agreement can preclude employees, attorneys, agents, O

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consultants or others_from_providing information to persons involved in ,

proceedings before_the NRC; (3) that copies of the TV Electric minority owner

-agreemen's be made public and provided to petitioners'. counsel; and (4) that the NRC notify _tf counsel to Tex-La that he and others are free to disclose safety-related in_ formation about CPSES to others. In a letter dated August 26, 19'2, > 1 have determined that the Petitioners have not set forth a basis for-the immediate actions raised in the Petition.

The Petition has been referred to the Director of the Office of Nuclea'r Reactor. Regulation pursuant to 10 CFR 2.206. As provided by 10 CFR 2.206,-

appropriate action will be taken regarding the specific 1"ues raised by the '

Petition in a reasonable time.

An OrderJextending-the-construction permit date was issued 'on July 28,

.1992. The NRC staff's evaluation of the requested extension concluded, in '

accordance with 10 CFR 50.55(b), that good cause had been shown for the delay

-and- that the requested extension was for a reasonable period of time.

The NRC has obtained a copy of the subject settlement. agreement from TV Electric. Copies of the Petition and the settlement agreement are available

. for inspection at the Commission's- _Public Document: Room, the Gelman Building, 2120 L Street, N.W., Washington', D.C. 20555, and at the University of Texas-at~. Arlington Library, Government Publications / Maps, 701 South Cooper, P.O. Box l19497,-Arlington, Texas -76019. ~

. Dated at Rockvillo,. Maryland, this 26th day of August 1992.

FOR THE NUCLEAR REGULATORY COMMISSION 32 -$

Thomas E. Murley, Director Office of Nuclear Reactor Regulation

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