ML20203F509
| ML20203F509 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 07/28/1986 |
| From: | Matt Young NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#386-142 LBP-86-14, OLA, OLA-2, NUDOCS 8607310099 | |
| Download: ML20203F509 (5) | |
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UNITED STATES OF AMERICA P1.37 NUCLEAR REGULATORY COMMISSION o
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BEFORE TIIE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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Docket No. 50-289 OLA-1 GPU NUCLEAR CORPORATIDF,
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(Steam Generator Plugging
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(Three Mile Island Nuclear Ststion,
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Unit No.1)
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NRC STAFF RESPONSE TO LICENSEE'S MOTION FOR DEFERRAL OF HEARING SCHEDULE I. INTRODUCTION
.By
?.lemorandum and Order dated May 19,1986, LB P-86-14, 23 NRC the Licensing Board established a schedule for the above captioned proceeding which provided that discovery begin on August 15, 1986 and a hearing commence on December 15, 1986.
That schedule was based in part on an earliest possible issuance date of July 31, 1986 for the NRC Staff Safety Evaluation Report (SER) on Technical Specifica-tion Change Request 148 (TSCR 148) in the OLA-1 proceeding.
The Board schedule also provided an opportunity for reopening the proceed-ing after the issuance of the Supplemental SER on TSCR 148 concerning the results of the testing performed on three steam generator tubes during the next refueling outage.
On July 17, 1986, GPU Nuclear Corporation (Licensee) filed a motion to defer the discovery and hearing schedule until early 1987 and after the currently scheduled issuance date for the supplemental SER on the confirmatory tube testing.
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\\ For the reason set forth below, the Staff has no objection to Licensee's proposed schedule deferral.
II.
DISCUSSION The schedule that the Licensee proposes the Board adopt in this proceeding is as follows:
Liarch 2, 1987 Begin discovery May 11,1987 End discovery June 1,1987 Plotions for summary disposition June 26,1987 Responses to motions for summary disposition August 7,1987 File testimony August 25, 1987 Commence hearing While the Staff can issue an SER on July 31st in accordance with its 1,/ the Staff agrees that in light of the prior statements to the Board, timing of the November 1986 refueling outage and the fact that no decision could issue in time for the possible application of the revised l
plugging criteria during that refueling outage, there is no need to l
accelerate the schedule for the proceeding and commence discovery on August 15, 1986 and a hearing on December 15, 1986.
Similarly, if an expedited schedule will not make possible a timely Board decision on TS C R. 148, there is no need for the Staff to issue a preliminary and incomplete SER with regard to TSCR 148 prior to the time that the Staff analyzes the results of the tests and can issue a final SER on TSCR 148.
See, J., NRC Staff Response To TP!IA's Motion For Extension Of
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e Time Or, In The Alternative, Notice of Withdrawal, April 30, 1986, at 4-5.
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\\ (See the attached letter from Licensee to the Staff dated July 21, 1986.)
Consequently, the Staff has no objection to Licensee's proposed schedule.
If the Board grants Licensee's motion for deferral, the Staff plans to issue its safety evaluation of TSCR 148 in a single SER by January 31, 1987, or about four weeks after Licensee submits its analysis of the test results, whichever is later.
III.
CONCLUSION Based on the foregoing, the Staff has no objection to the proposed deferral of the hearing schedule.
Respectfully submitted, Mitz A. Young Courfsel for NRC Staff Dated at Bethesda, Maryland this 28th day of July,1986 i
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July 21, 1986 5000-86-0958 5211-86-2131 Office of Nuclear Reactor Regulation Attn J. F. Stolz, Director PWR Projects Of rectorate No. 6 Division of Licensing U.S. Nuclear Regulatory Commission Washington, DC 20555
Dear Mr. Stolz:
Three Nile Island Nuclear Station Unit 1 (TMI-1)
Operating License No. DPR-50 Docket No. 50-289 Deferral of Hearings - TSCA 148 Our counsel has discussed with counsel for the Staff and Intervenor TMIA our proposal to defer the hearing on Technical Specification Change Request 148 untti early next year. A copy of our request to the aSLB for such a schedule change is enclosed.
A number of considerations entered into our decision to seek the deferral, including the unlikelihooc of obtaining an initial decision in time for the November 1986 outage, and the present inconvenience to both the ASLB and the Staff in attempting to acconnodate tt
- 'omoration of the pulled tube analyses into the current hearing sci Under the proposed deferral, it would not be necessary for the Staff n iue an SER in July 1986 followed qy a supplement in 1987, after tubes have bee.1 pulled and analyzed. A single SER reflecting the entire application, including the confirinatory data from the pulled tube analyses, could be issued initially in 1987 prior to commencement of the hearing.
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s UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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Docht No. 50-289 OLA-1 GPU NUCLEAR CORPORATION,
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(Steam Generator Plugging (Three Mile Island Nuclear
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Criteria)
Station, Unit No.1)
)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO LICENSEE'S MOTION FOR DEFERRAL OF HEARING SCHEDULE" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or, as indicated by an asterisk, by deposit in the Nuclear Regulatory Commission's internal mail, or, as indicated by a double asterisk, by hand delivery, this 28th day of July,1986:
- Sheldon J. Wolfe, Chairman Bruce W. Churchill, Esq.
Administrative Judge Shaw, Pittman, Potts & Trowbridge Atomic Safety & Licensing Board 1800 M Street, NU U.S. Nuclear Regulatory Commission Washington, DC 20036 Uashington, DC 20555 Thomas Y. Au, Esq.
- Dr. Oscar H. Paris Office of Chief Counsel Administrative Judge Department of Environmental Resources Atomic Safety and Licensing Board 505 Executive House U.S. Nuclear Regulatory Commission P.O. Box 2357 Washington, DC 20555 Harrisburg, PA 17120
- Frederick J. Shon
- Atomic Safety & Licensing Board Administrative Judge U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555
- Atomic Safety & Licensing Appeal Board U.S. Nuclear Regulatory Commission TMI Alert Washington, DC 20555 315 Peffer Street Harrisburg, PA 17102
- Docketing & Service Section Office of the Secretary Louise Bradford U.S. Nuclear Regulatory Commission 1011 Green Street Washington, DC 20555 Harrisburg, PA 17102 l
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. V,h Mitzu / Y6ung F F
Counsel for NRC Staff
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