ML20149M518

Responds to Urging Commission to Reinstate NRC Stay on Issuance of License for Low Power Operations at Facility in Light of Voluntary Bankruptcy Filing by Util. Status of Proceeding Discussed

ML20149M518
Person / Time
Site:	Seabrook
Issue date:	02/11/1988
From:	Zech L NRC COMMISSION (OCM)
To:	Humphrey G SENATE
References
NUDOCS 8802260090
Download: ML20149M518 (3)

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' /'pamt00 'o, UNITED STATES T l ' 3 .,q 'j NUCLE AR REGULATORY COMMISSION W ASHING T ON, D. C, 20$55

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Febnnry 11, 1988

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CHAIRMAN The Honorable Gordon J. Humphrey United States Senate Washington, D.C. 20510

Dear Senator Humphrev:

I am replying to your letter of ilanuary 29, 1988, in which you urged the Commission to reinstate its stay on issuance of a license for low power operations at the Seabrook nuclear power plant in light of the voluntary bankruptcy filing by Public Service Company of New Hampshire (PSNH). Pursuant to requirements establis 2d by the Congress and regulations promulgated by the Co mission, the Commission is unable to respond on the merits because the matter of the Scabrook license is in formal adjudication within the agency. Your letter has been served on the parties to this proceeding, and any action that the Commission takes will be on the formal record of the proceeding.

I may, however, provide some facts with respect to the status of the proceeding that have some relevance to your concerns.

Specifically on the point you raise, our Appeal Board is considering whether the Licensing Board erred in deciding that parties opposing the license had not made a prima facie showing that the Commission's rule eliminating financial qualifications review of public utility applicants should be waived in this case to the extent necessary to require the applicants to demonstrate prior to low power operation that they are financially qualified to operate and decommission the facility.

The Appeal Board has very recently allowed the parties thirty days to recast their legal papers in light of PSNH's bankruptcy filine and related events. In the event that the Appeal Board holds that a prima facie showing has been made, it will be for the Commission itself to decide the rule waiver question under 10 CFR 2.758 of its regulations. In the alternative, the Appeal Board's negative decision would be subject to Commission review.

In a second recent development, the Appeal Board on February 3, 1988, reopened the record underlying the low power decisior, for consideration of prompt notification problems in light of the apparent unavailability of any fixed-position energency notification sirens within the Massachusetts portion of the plune exposure pathway emergency planning zone.

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Certain other technical contentions are before the Licensing i Board on remand either Sectese the contentions were improperly i denied at the outset or bec. Se of questions on the adequacy of .

the basis for decision. These matters will either be resolved  !

before low power is authorized, or the Licensing Board will f issue a written decision that low power need not await their resolution. In the latter event, the Appeal Board has already '

provided for a delay in the effectiveness of that decision to l permit an appeal for relief, t

I am sure you understand that the Commission is unable to respond further at this time, but we hope that this status  !

I rept rt will prove helpful.

Sincerely, M k. b.

l Lando W. Zech, r. [ ,

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UNITED STATES l'

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• NUCLEAR REGULATORY COMMISSION

/ w AssiNoros, o. c. rosss OFFICE OF THE EM SECRETARY NOTE FOR: Document Control Oesk FROM: Correspondence & Reco

• The enclosed document (s) are to be entered into the DCS. An advanced has been sent to the Public Document Room.

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