ML20207E221

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Confirms Util Understanding of Affirmative Obligation Under 10CFR21 & 50.9 to Notify NRC of Significant Info Re Issues Concerning Restart Deliberations & to Ensure Info Provided Complete & Accurate in All Matl Respects
ML20207E221
Person / Time
Site: Peach Bottom  
Issue date: 08/04/1988
From: Russell W
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To: Huggard D
ATLANTIC ELECTRIC OF NEW JERSEY
References
NUDOCS 8808170174
Download: ML20207E221 (3)


Text

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August 4, 1988 Docket Nos. 50-277; 50-278 License Nos. DPR-44; DPR-56 Atlantic Electric Company ATTN:

Douglas E. Huggard President and Chief Executive Officer P.O. Box 1500 1199 Black Horse Pike Pleasantville, New Jersey 08232 Gentlemen:

Subject:

Public Service Electric and Gas Company v. Philadelphia Electric Company On July 27, 1988, I was notified by Mr. S. Miltenberger, Vice President, Public Service Electric and Gas Company (PSE&G), that Public Service Enterprise Group Incorporated and its wholly owned subsidiary, PSE&G, and other part owners of the Peach Bottom Atomic Power Station, Units 2 and 3, filed suit in Federal Court in New Jersey against Philadelphia Electric Company (PEco) relating to the NRC ordered shutdown of March 31, 1987.

The NRC has not approved restart of either Unit and is continuing its review of the same operative facts that apparently underlie the subject suit.

I informed Mr. Miltenberger of PSE&G s obligation to inform NRC if in the course of the suit (e.g., through discovery or through other means) PSE&G became aware of significant information, not yet reported to the NRC, which is material and relevant to tho NRC order of March 31, 1987 or to NRC's restart decision.

Mr.

Miltenberger acknowledged PSE&G's obligation to report and indicated that PSE&G would either inform and request PECo to report any such information to NRC or PSE&G would report directly to NRC.

This letter confirms PSE&G's understanding of its affirmative obligation ender 10 CFR Part 21 and 10 CFR 50.9 to notify tho NRC of significant informa-tion relevant to the issues that are the subject of restart deliberations and to ensure information provided NRC is complete and accurate in all material respects.

By identical letter, I am advising each co-owner of the Peach Bottom Station of its similar and independent obligation to inform NRC.

I further expect that the various owners involved in the subject litigation will appropriately inform their representatives handling this litigation such that significant informa-tion is promptly reported to NRC.

Any questions relative to this reporting h$k bon bbbbb$77 P

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obli ation should be directed to Jay M. Gutierrez, Regional Counsel, at (215 337-5321.

Sincerely, Original Signed By UILLIDI T. RUSSELL William T. Russell Regional Administrator cc:

John S. Kemper. Sr., Senior Vice President-Nuclear J. W. Gallagher, Vice President, Nuclear Services E. C. Kistner, Chairman, Nuclear Review Board Dickinson M. Smith, Vice President, Peach Bottom Atomic Power Station Jack Urban, General Manger, Fuels Department, Delmarva Power & Light Co.

John F. Franz, Plant Manager, Peach Bottom Atomic Power Station Troy B. Conner, Jr., Esquire W. H. Hirst, Director, Joint Generation Projects Department, Atlantic Electric Bryan W. Gorman, Manager, External Affairs Eugene J. Bradley, Esquire, Assistant General Counsel Raymond L. Hovis, Esquire Thomas Magette, Power Plant Siting, Nuclear Evaluations W. M. Alden, Director, Licensing Section Doris Poulsen, Secretary of Harford County Council Public Document Room (PDR) local Public Document Room (PDR)

Nuclear Safety Information Center (NSIC)

NRC Resident Inspector Commonwealth of Pennsylvania State of New Jersey State of Maryland 4

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