ML20147G750

Forwards 781204 NRC Ltr Re Mod & Installation of Defective Spent Fuel Racks at Facil Pleading Served on the Comm by the Mn Pollution Control Agency Re This Issue.Cert of Svc Encl

ML20147G750
Person / Time
Site:	Monticello
Issue date:	12/13/1978
From:	Stensvaag J MINNESOTA, STATE OF
To:	Ahearne J, Bradford P, Gilinsky V, Hendrie J, Kennedy R NRC COMMISSION (OCM)
Shared Package
ML20147G755	List: ML20147G750 ML20147G774
References
NUDOCS 7812260323
Download: ML20147G750 (2)

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STATE OF MINNESOTA ,

$5"D Y OFFICE OF THE ATTORNEY GENERAL 9,.~

Addre s s Reply To " t $$ 'f2M MINN SOTA POLLU NC NTROL AGENCY S im . couniv n o.4 s2 December 13, 1978 C'$'.

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Joseph Hendrie, Chairman Richard Kennedy, Commissioner U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Peter Dradford, Commissioner Victor Gilinsky, Commissioner U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Washington, D.C. 20555 l Commission Washington, D.C. 20555 John Ahearne, Commissioner i U.S. Nuclear Regulatory l Commission Washington, D.C. 20555 Re: In the Matter of Northern States Power Company (Monticello Nuclear Generating Plant, Unit 1)

(Modification and Installation of Defective Spent Fuel Storage Racks) Docket No. 50-263 Gentlemen:

On December 8, 1978, the Minnesota Pollution Control Agency (MPCA) served on the Commission and various parties a pleading concerning the modification and installation of defective spent fuel storage racks at the Monticello Nuclear Generating Facility.

That pleading expressed the MPCA's belief that the safety and reliability of the modifications measures presented unreviewed questions, and therefore could not be undertaken without a license amendment.

The MPCA subsequently received a letter from Mr. Thomas A.

Ippolito of the Commission Staff, dated December 4, 1978, which states in part:

While we [the Commission Staff] have determined that venting of the Monticello racks is a safe and effective measure for the present, we have not yet determined whether the measure affords adequate assurance against rack swalling for the expected life of the racks. . . .

This candid and commendable admission by the Commission Staff is directly relevant to the pending requests, petition, and motion and supports the claims of the MPCA.

7812260 343 AN EQUAL OPPORTUNITY EMPLcYER

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Commissioners of the NRC Page 2 December 13, 1978 A copy of Mr. Ippolito's letter is attached hereto and is being served on all individuals and offices indicated on the ,

attached service list. The MPCA respectfully requests that it be added to its pending pleading as' Exhibit 2.

Very truly yours,

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John-Mark Stensvaag Special Assistant Attorney General JMS:dlm Enclosures cc w/ enclosure: Attached Service List l

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