ML20210B806

Order.* NRC 861020 Order Directing Licensee to Show Cause Why OL Should Not Be Modified to Prohibit Use of Radios,Tapes,Television Sets or Other Audible Entertainment Devices Recinded & Proceeding Dismissed.Served on 870501

ML20210B806
Person / Time
Site:	Monticello, Prairie Island, 05000000
Issue date:	05/01/1987
From:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
To:
References
CON-#287-3332 EA-86-164, NUDOCS 8705060021
Download: ML20210B806 (3)

Text

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333b UNITED STATES OF AMERICA W. ~Tr' 4

NUCLEAR REGULATORY COMMISSION CCMt!SS10NERS:

M Lando W. 2ech, Jr. , Chairman  : .

Thomas M. Roberts jf[N/**,^' #" ~

J!

James K. Asselstine Frederick M. Bernthal Kenneth M. Carr @ @D @y~1IN}

l in the Matter of l>l NORTHERN STATES POWER COMPANY I Docket Nos. 50-282 (Prairie Island Nuclear 50-306 Generating Plant, Units 1 & 2) lll

. NORTHERN STATES POWER COMPANY I Docket No. 50-263 (Monticello Nuclear Generating h EA 86-164 Ccinpany)

ORDER i On Octcber 20, 1906, the NRC Staff issued an Order to Northern States Pcwor Cornpany, directing the Licensee to show cause why its operating license should not be modified to prohibit the use of radios, tapes, television sets or other audible entertainment devices in the centrol rooms of the Prairie Islano and Monticello nuclear facilities. A group of control room operators at Prairie Island and Local 160 of the International Brotherhood of Electrical Workers requested a hearing on the Order. The Order was not made effective pending the outcome of the hearing, On February 18, 1987, the Conenission issued an Order directing the NRC Staff to sut' nit a detailed explaration of the htalth and safety basis for ti,e Order. The Staff suttr.itted its response on !!aren 6.1987.

m."WsE$do Jsod 7

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The Comission has reviewed the staff response and has determined that the oroceeding should be dismissed. Therefore, the Commission sua sponte rescinds the Order and dismisses the proceeding.

Chairman Zech and Comissioner Carr disapproved this Order; their dissenting views are attached.

It is so ORDERED.

Fy the Comission*

~

y-teed Q (%e.

SAMUEL . CHILK

~

Secretary of}the Comission gg Dated at Washington. 0.C.

i v' this \ day of Itay 1987.

r

"* Comissioner Asselstino was absent when this Order was affirmed. If he had been present he would have apnroved it. In order to allow the will of the majority to orevail, Chairman Zech did not particioate in the formal vote of the Comission.

a e, Chairman Zech and Commissioner Carr's dissenting views:

We aisagree with this order. As we previously stated, we have seen no convincing argument as to why this enforcement action requires extraordinary Commission involvement. We would allow the enforcement process to take its normal )

course by assigning an Administrative Law Judge or Hearing i Board to conduct the requested hearing.

In addition, we would observe th'at the proposed Commission 1 Order shows a lack of Commission support for this staff action which we regard as a responsible one. The order, as drafted, fails to present a basis for this Commission action. The order does not point out any deficiency in the staff's submittal. We continue to believe that control room decorum, including the use of radios or other distractions, represents an important safety factor that should be considered by the Commission. ,

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