ML20151C045

Forwards Gap Draft 880126 Petition Requesting That Commission Delay Voting on Full Power OL for Plant Until There Has Been Complete Investigation of All Allegations Re Plant & Public Release of Rept Disposing of Each Allegation

ML20151C045
Person / Time
Site:	South Texas
Issue date:	02/09/1988
From:	Chandler L NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Murley T Office of Nuclear Reactor Regulation
Shared Package
ML20151C025	List: ML20151C022 ML20151C041 ML20151C045 ML20151C050
References
FOIA-88-141 NUDOCS 8804120117
Download: ML20151C045 (5)

Text

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• UNITED STATES fs 1*'

'% NUCLE AR REGULATORY COMMISSION i nAssiNo ton, O, C. 20555

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FEB 0 91988 l

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MEMORANDUM FOR: Thomas E. Murley, Director Office of Nuclear Reactor Regulation FROM: Lawrence J. Chandler Assistant General Counsel i for Enforcement '

Of0ce of the General Counsel

SUBJECT:

SOUTH TEXAS NUCLEAR PROJECT -

UNITS 1 AND 2 Enclosed please find a copy of a Petition dated January 26, 1988, filed by the Government Accountability Project (Petitioner) requesting that the Commission celay voting on a ful! power operating license for the South Texas Nuclear Project (STNP) until tMre has been a complete Investigation of all allegations regarding the STNP, ud public release of a report disposing of each allegation. The Petitioner asserts as bases for this request that (1) the results of the NRC's limited investigation into allegations was predetermined, in that the NRC inspection team had prepared a draft of its findings before making its site inspection; (2) in an on-site inspection with one of the allegers. the alleger was not permitted to show the NRC team any of his allegations relating to Unit 1; (3) the NRC review was subjected to overwhelming scheduling pressures, resulting in disposition of most of the allegations without interviewing the allegers and failure to thoroughly address the 60 selected allegations which were the focus of the team's review; and (4) none of the allegations of wrongdoing has been investigated by the NRC.

The Commission has scheduled a vote on a full power license for STNP for February 22, 1988.

I have enclosed drafts of a letter of acknowledgment to the Petitioner for your signature and a Notice of Receipt of the Petition fcr publication in the Federal Register.

CONTACT: Mary E. Wagner we

• 8804120117 080407 PDR FOIA CONDITBB-141 PDR 1

s Please inform my staff of the technical staff contact who will be involved in preparing a response to the Petition and an estimated completion date. Please ensure that I am provided copies of all correspondence related to the Petition and that I am askea to concur on all staff correspondence.

Lawrence J. Chandler Assistant General Counsel for Enforcement Of0ce of the General Counsel

Enclosures:

1. Copy of Petition

2. Draft Letter of Acknowledgment

3. Draft Federal Register Notice cc: w/ encl: J. Lieberman, OE W. Olmstead, OCC R. Martin, RIV W. Brown, RIV DISTRIBUTION:

AGGE Rdr ACCE Subj. ,

Chandler info Goldberg info  !

Wagner chron '

Contact SC/RW/DH/LD/JM/WP info NRC Central OGC Rdr JMurray, OGC MM,alsch, OGC WParler, OGC SECY EDO #003447 l

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l NAME :MEWagner:asi : LJChandler  :  :  :  :

i DATE  : 2/

_______._____b_\ /88  : 2/S /88 :  :  :  :

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U.S. NUCLEAR RECULATORY COMMISSION Docket No. _

SOUTH TEXAS NUCLEAR PROJECT (License No. )

RECEIPT OF PETITION FOR DIRECTOR'S DECISION UNDER 10 C.F.R. I 2.206 Notice is hereby given that by Petition dated January 26, 1988, the Covernment Accountability Project rcquested that the Commission delay voting on a full power operating license for the South Texas Nuclear Project (STNP) until there has been a complete investigation of all allegations regaroing the STNP, and public release of a report disposing of each allegation. The Petition asserts as gounds for this request that (1) the results of the NRC's limited investigation into allegations was predetermined, in that the NRC inspection team had prepared a draft of its findings before making its site inspection; (2) in an on-site inspection with one of the allegers, the alleger was not permitted to show the NRC team any of his alleoations relating to Unit 1; (3) the NRC review was subjected to overwhelming scheduling pressures, resulting in disposition of most of the allegations without Interviewing the allegers and failure to thoroughly address the 60 selected allegations which were the focus of the team's review; and (4) none of the allegations of wrongdoing has been investigated by the NRC. The request is being treated pursuant to 10 C.F.R. 5 2.206 of the Commission's regulations. As provided by section 2.206, appropriate action will be taken on this request within a reasonable time.

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A copy of the Petition is available for inspection in the Commission's Public Document Room,1717 H Street, N.W., Washington, D.';. 20555.

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Dated at Bethesda, Maryland this day of , 1988.

FOR THE NUCLEAR REGULATORY COMMISSION Thomas E. Murley, Director. l Office of Nuclear Reactor Regulation l l

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Docket No. 50-498 (10 C.F.R. I 2.206)

Ms. Bl!!ie P. Garda Mr. Richard E. Condit Government Accountability Project 25 E Street, N.W.

Suite 700 Washington, DC 20001

Dear Ms. Garde and Mr. Condit:

This letter is to acknowledge receipt of a Petition dako January 26, 1988, filed by the Government Accountability Project (CAP) requesting that the Commission delay vot!ng on a full power operating license for the South Texas Nuclear Project (STNP) until there has been a complete investigation of all allegations regarding the STNP, and public release of a report disposing of each allegauon. CAP asserts as bases for this request that (1) the results of the NRC's limited investigation into allegations was predetermined, in that the NRC inspection team had prepared a draft of its findings before making its site inspection; (2) in an on-site inspection with one of the allegers, the  ;

alleger was not permitted to show the NRC team any of his allegations relating to Unit 1; (3) the NRC review was subjected to overwhelming scheduling pressures, resulting in disposition of most of the allegations without interviewing the allegers ano failure to thoroughly address the 60 selected allegations which were the focus of the team's revicw; ana (4) none of the allegations of wrongdoing has been Investigatr,d by the NRC.

C A P's Petition has been referred to the staff for action pursuant to 10 C.F.R. I 2.206 of the Commission's regulations. As provided by 5 2.206, action will be taken on your request within a reasonable time. I have enclosed for your information a copy of the notice that is being filed with the Office of the Federal Register for publication.

Sincerely, Thomas E. Murley, Director Office of Nuclear Reactor Regulation

Enclosure:

As stated