ML20206U837

Requests Status Rept on Progress on Issuance of Ser.Delay Allowed Continued Operation W/O Resolving Safety Issues of Concern to Intervenor.Served on 860710

ML20206U837
Person / Time
Site:	La Crosse File:Dairyland Power Cooperative icon.png
Issue date:	07/10/1986
From:	Bechhoefer C Atomic Safety and Licensing Board Panel
To:	Woodhead C NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
References
CON-#386-944 OL, NUDOCS 8607110163
Download: ML20206U837 (2)

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[tj e NUCLEAR REGULATOR.Y COMMISSION ATOMIC SAFETY AND LICENSING BOARD PANEL OhRC W ASHINGTON, D.C. 20555 0FFICE OF SECht 1Akf 00CKETING & SERVICE July 10, 1986 BRANCH I .

NRVED JUL /ofh Colleen P. Woodhead, Esq.

Counsel for NRC Staff Office of the General Counsel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 DAIRYLAND POWER COOPERATIVE (Lacrosse Boiling Water Reactor).

Docket No. 50-409 (FTOL Proceeding)

Dear Ms. Woodhead:

As you know, the captioned proceeding was originally noticed for hearing eight years ago, in 1978. The safety aspects of this proceeding have been suspended for a considerable period of time awaiting the issuance of the Staff's Safety Evaluation Report (SER). It had been our understanding that the SER would be issued shortly after release of the Integrated Plant Safety Assessment of the Systematic Evaluation Program (SEP Report). After extended delay, the SEP Report was issued in final 3

form in June 1983 (NUREG-0827).

We understand that the SER has been delayed through staffing shortages. Although such delay may be understandable, the result has been to permit the Applicant to continue to operate the plant for an extended period of time without resolving a number of safety issues of concern to the Intervenor. (We, of course, express no opinion on the merits of any of those issues.)

Moreover, the passage of time may make it necessary for us to require the renoticing of the safety aspects of the proceeding. See Rochester Gas & Electric Corp. (R.E. Ginna Nuclear Plant, Unit 1),

LBP-83-73, 18 NRC 1231 (1983). In any event, the delay has prevented our completing this proceeding in a timely fashion, as both the Commission and the public have a right to expect. Cf. Statement of Policy on Conduct of Licensing Proceedings, CLI-81-E 13 NRC 452, 454 (1981).

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PDR ADOCK 05000409 j G PDR l bbN

i, Colleen P. Woodhead, Esq. 2 July 10, 1986 We would appreciate your providing the Board and parties with a status report on the progress of the SER, at your earliest convenience.

FOR THE ATOMIC SAFETY AND LICENSING BOARD s .

AJn- A '8 n Charles Bechhoefer, Chairman /

Administrative Judge

' cc: Victor Stello, ED0 William Parlsr,'GC -

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