ML20211D029

Order.* Staff Directed to File W/Commission & Serve on Petitioners & Licensees Detailed Explanation of Health & Safety Basis for 861020 Order Re Use of Audio Equipment in Control Rooms by 870306.Carr Views Encl.Served on 870217

ML20211D029
Person / Time
Site:	Monticello, Prairie Island, 05000000
Issue date:	02/13/1987
From:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
To:	NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
CON-#187-2546 CIV-PEN, EA-86-164, NUDOCS 8702200304
Download: ML20211D029 (3)

Text

, . , $b CCL-L UNITED STATES OF AMERICA -

NUCLEAR REGULATORY COMMISSION COMMISSIONERS: ~87 FE313 P3 :44 Lando W. Zech, Jr. a.

Thomas M. Roberts CJL James K.-Asselstine Frederick M. Bernthal Kenneth M. Carr 3ERVED FEB 171987 In the Matter of )

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NORTHERN STATES POWER COMPANY ) Docket Nos. 50-282 (Prairie Island Nuclear ) 50-306 Generating Plant, Units 1 & 2) )

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

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ORDER On October 20, 1986, the Director of the Office of Inspection and Enforcement issued an Order to 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 control rooms of the Prairie Island and Monticello nuclear facilities. A group of control room operators at Prairie Island as well as Local 160 of the International Brotherhood of Electrical Workers have requested a hearing on the order.

The staff is directed to file with the Commission and serve on petitioners and licensees a detailed explanation of the health and safety basis for the October 20, 1986 Order by March 6, 1987. Based upon this filing, the Commission will either withdraw the order and dismiss the proceeding or rule on the request for hearing.

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The Consnission is not at this time seeking responses from any party other than the NRC staff. If further action becomes necessary, responses from the parties will be solicited as appropriate.

Chairman Zech and Connissioner Carr disapproved this order.

Commissioner Carr's dissenting views are attached.

It is so ORDERED.

ortheC[ission,

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d(9m SAMUEL J. { MILK Secretary of thh Ctmanission T

Dated at Washington, D.C.

this 13th of February 1987.

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Cmaissioner Carr's ?.imitino vievs:

I disapprove of the order. In my view, there is nothing about the staff's order which should cause the Commission to depart from the routine procedures used for handling requests for hearing on enforcement orders. Although the staff ultimately bears the burden of going forward and of persuasion on the order, the staff has satisfied the basic requirements for issuing a show cause order by following the procedures in 10 CFR 2.202 and by stating the "potentially hazardous conditions or other facts deemed sufficient ground" for the proposed action. See 10 CFR 2.202(a). Therefore, I would refer the hearing requests to the Chief Judge of the Atomic Safety and Licensing Board for assignment of a Board or Administrative Law Judge to rule on the hearing requests and conduct any hearing that may be required.

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