ML20195C533

Responds to Re Amendment Permitting Temporary Operation of Plant Independent of Public Hearing.Law Requires Hearing to Be Held in Connection W/Amend to OL

ML20195C533
Person / Time
Site:	Trojan File:Portland General Electric icon.png
Issue date:	08/22/1978
From:	Gossick L NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:	Duncan R HOUSE OF REP.
References
TAC-07551, TAC-11299, TAC-7551, NUDOCS 8811030205
Download: ML20195C533 (2)

Text

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The liornrenle Robert % Puncan United StAtos House of Representa tives

!iashinqton, u.C.

20515 trear Congressman Cuncan:

This responds to your letter of July 27, 1978, addressed to *.he Chaircan of the Cunission with relara to the athitted non-conforvance to specifi-I cations of t..e Control Nildina at tue Tro,ian i:uclear Plent, Because this natter is penuing bef ora dn IGC Ato.;1c Safety and Licensing Coard whose ruitops anJ d.ctstons oay ba suaject to review by the Comis'sionars, I

including tt.a Chairuan, it was considered inappropriate tot

• hin to rescond to your inquiry. Accordin'J1y, your letter stas referred to rco for response.

I ati pleased to provide that response.

I i

The MC Orner of F.ay 26, 1976, reeuired that the seisnic desicn capability of the Control Da11ttin1 be brought into sunstantial conpliance witn Technical Specification S./.l.

Based on infomation sun.rittw by the licensee, the MC staff deteroin<td that there was ane+ ate assurance of s2fety for the plant to operate in tne interin, provided certain i

j sgcified con:itions are ret.

• ccordiagly, the i RC's Psy 26,197L Order would oena the f acility oMratina license so that tnose portions of the Tcchnical SMcifications with which the Control Building does not co.aply are cae:wa civi.d until June 1,1979.

Your letter, in ossence, asks hy we fo not let PC&E return to pcwer i

independent of a puolic hearing on this noctor.

The answer is to l

be found in section 10 of the Atcaic Eneroy Act of 1954 as acended, l

42 U.S.C. 2?39, t.31ch rec,uires that a hearing oc of fered in conn <:ction With dn J'.eDfMCrt t0 Sn cperatiUp IICenSO.

00ction 10 doe 4 pomit i m ediate effectiveness of oteratinq license ac.entwnts upon a dets.:inatimi "that the avnarent involves no sinnificant buards consiqcration."

r.1 tucu;h the 12C staf f has found tnat interin cocration would present no un<Ne hazard, th? fact ro1ains that too license amend-ment would involve consicarition of desion uctects which tha starf found to have $1?nificantiv rcou:e1 tee niant's long-tcru nargin of seis iic capability and t!'u:, would i'cluse a sinnificant hazarus consideration. Thretore, ;:rior to L?ccrin; ef fcctive, such an amenoaent t

r*bst, unuer the Atenic Er.oruv /ct of Isi, is acaded, be noticed and an opportunit/ inr nearing nroviticd.

If it is detemine<1 that 0011030205 700614 PDR ADOCK 05000344

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4 O

S The lionorable Robert 3. Duncan,

a hcaring will be halo, the tvena ont wil not becose effective until further ordor or the licensi ir: board.

This interpretation of the rec,uireuents of the Atouic En:: ray Act was upheld by the Cccaission in a July 7,1978 Order in res.;onse to a June 14, 1978 Petition for energency relief tilms hv Portland Ccneral Electric Company, further details concerninq tnis retor cre ccntaine.t. in the attached co'*cs of the above nentioned l'ay 6,1973 Greer and.ti.e July 7,1970 conuission 2

I Order.

As you know, a hearing has noen r< masted in this catter.

In its Order dated July 7, l'.i?4, the Comi.sion uirected the licens1n;) Doard to proceed er,peditiously.

Accuraingly, a prenearing conference was held on July 24-P.6,1970, e ',econc prehearinq conferar.cc has been ordered for Augurt 14, 1978, and the hearing has to.'n ordered for Septecoor 6, 197P.

I trust that this has been responsive to your letter.

Sincerely, pigmd) lee V, GceleY W f C-M ya.a hyCpwhM l

Enclosures:

1 1.

Order dated July 7,1973 1

2.

Order for Enditication cated

!!ay 26,197J

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DISTRIBUTION ShlY 78-1080(3)

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