ML20211Q922

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Discusses Considerations Re Deferral of Hearings on Tech Spec Change Request 148,including Unlikelihood of Obtaining Initial Decision in Time for Nov 1986 Outage & Accommodating Pulled Tube Analyses Into Hearing Schedule
ML20211Q922
Person / Time
Site: Crane 
Issue date: 07/21/1986
From: Wilson R
GENERAL PUBLIC UTILITIES CORP.
To: Stolz J
Office of Nuclear Reactor Regulation
References
5000-86-0958, 5000-86-958, NUDOCS 8607280052
Download: ML20211Q922 (1)


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Parsippany, New Jersey 07054 201 263-6500 TELEX 136-482 Wnter's D! rect O!at Numben July 21, 1986 5000-86-0958 Office of Nuclear Reactor Regulation Attn:

J. F. Stolz, Director PWR Projects Directorate No. 6 Division of Licensing U.S. Nuclear Regulatory Commission Washington, DC 20555

Dear Mr. Stolz:

Three Mile Island Nuclear Station Unit 1 (TMI-l)

Operating License No. DPR-50 Docket No. 50-289 Deferral of Hearings - TSCR 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 until 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 unlikelihood 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 accommodate the incorporation of the pulled tube analyses into the current hearing schedule.

Under the proposed deferral, it would not be necessary for the Staff to issue an SER in July 1986 followed by a supplement in 1987, after tubes have been pulled and analyzed. A single SER reflecting the entire application, including the confinnatory data from the pulled tube analyses, could be issued initially in 1987 prior to commencement l

of the hearing.

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1804 eas-ions July 17, 1986 Sheldon J. Wolfe, Chairman oscar H. Paris Administrative Judge Administrative Judge Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.

20555 Washington, D.C.

20555 Frederick J. Shon Administrative Judge Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.

20555 In the Matter of GPU Nuclear Corporation, ej al.

(Three Mile Island Nuclear Station, Unit No. 1) l Docket Nos. 50-289-OLA-1 and 50-289-OLA-2 (Steam Generator Pluqqing Criteria)

Dear Administrative Judgest Enclosed is Licensee's Motion for Deferral of Hearing Sched-ule in which Licensee requests the deferral of the schedule of hearing activities in these proceedings until early 1977.

Sincerely, f'

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W. Churchill Counsel for Licensee g r 'i OXl2SSJ-tg Enclosure l

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4 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of

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GPU NUCLEAR CORPORATION, et al.

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Docket Nos. 50-289-OLA-1

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50-289-OLA-2

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(Steam Generator (Three Mile Island Nuclear

)

Plugging Criteria)

Station, Unit No. 1)

)

' MOTION FOR DEFERRAL OF HEARING SCHEDULE Hearings in these proceedings are presently scheduled to begin on December 15, 1986, with the recognition that Intervenor TMIA would have the opportunity to request a reopening of the record following issuance of the Staff's SER supplement for Tech-I nical Specification change Request 148 (Docket No. 50-289-OLA-1).

The supplement, scheduled for the end of January 1987, would re-flect the results of Licensee's analyses of pulled steam genera-ter tubes.

Licenses has closely studied the hearing schedule in con-junction with a reexamination of the steam generatcr activities scheduled for the next refueling outage, which now may occur as soon as November 1, 1986.

The hearing schedule, even without a reopening of the record, would not permit issuance and imple-mentation of the requested license amendment in time for the steam generator activities to be conducted during that outage.

It would appear, in the interest of administrative economy and w' mW 6 5

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the convenience of all of the parties, that the hearing schedule could reasonably be deferred until next year.

If the discovery period were to begin on March 2, 1987, dis-covery would take place after Licensee's testing and analyses and the Staff's review have been completed.

Such a deferral would obviate the need for issuance of the SER in July prior to comple-tion of the pulled tube analyses, and would eliminate the poten-tial for a special request to reopen the record based on those analyses.

Both the Staff's review and the conduct of the hearing could then proceed more efficiently.

A deferral would also work to the convenience of all par-ties, including Licensee.

The Staff would be able to issue a complete SER based on its review of all information, and the con-i flicting scheduling pressures identified by TMIA would be elimi-l i

nated.

With no benefit accruing to Licensee by holding the hear-ing in December, resource considerations make it preferable for Licenses to seek deferral of the hearing to next year.

Accordingly, Licensee hereby requests that the Board consid-i er modification of the schedule along the lines discussed above, I

starting with the commencement of discovery in early March 1987.

Licensee offers for the Board's consideration the following pro-posed schedule, which would enable the issuance of an initial de-cision in the fall of 1987:

March 2, 1987

- Begin discovery May 11, 1987

- End discovery l l

5 June 1, 1987

- File motions for summary disposition June 26, 1987

- Answer motions for summary disposition August 7, 1987

- File testimony August 25, 1987

- Begin hearing The proposed schedule is based on the current assumption that the next outage during which the requested amendment will be needed will occur in mid-1988.

The schedule is less compressed than the present schedule, and involves no time periods shorter than those specified in the Commission's regulations.

We have discussed the proposed schedule with both the Staff and TMIA.

The Staff does not object to the schedule, and TMIA has expressed its concurrence.

Respectfully submitted, l

SHAW, PITTMAN, POTTS & TROWBRIDGE

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h e W."thurchill, P.C.

David R.

Lewis l

Wilbert Washington II Counsel for Licensee 1800 M Street, N.W.

Washington, D.C.

20036 (202) 822-1000 Dated:

July 17, 1986 l

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-UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board in the Matter of

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)

GPU NUCLEAR CORPORATION, et al.

)

Docket Nos. 50-289-OLA-1

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)

50-289-OLA-2

)

(Steam Generator (Three Mile Island Nuclear

)

Plugging Criteria)

Station, Unit No. 1)

)

CERTIFICATE OF SERVICE I hereby certify that copies of Licensee's " Motion for De-ferral of Hearing Schedule" dated July 17, 1986, were served on the following by deposit in the U.S. mail, first class, postage prepaid, this 17th day of July, 1986.

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l Stuce W.

Ch'urchill l

Dated:

July 17, 1986

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of

)

)

GPU NUCLEAR CORPORATION, et al.

)

Docket Nos. 50-289-OLA-1

)

50-289-OLA-2

)

(Steam Generator (Three Mile Island Nuclear

)

Plugging Criteria)

Station, Unit No. 1)

)

SERVICE LIST Sheldon J. Wolfe, Chairman Docketing and Service Section (3)

Administrative Judge U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Washington, D.C.

20555 Board Panel U.S. Nuclear Regulatory Commission Three Mile Island Alert, Inc.

Washington, D.C.

20555 315 Peffer Street Harrisburg, PA 17102 Oscar H. Paris Administrative Judge Thomas Y. Au Atomic Safety and Licensing Assistant Counsel Commonwealth l

Board Panel of Pennsylvania U.S. Nuclear Regulatory Commission Dept. of Environmental Resources i

washington, D.C.

20555 Bureau of Environmental Rescurces Room 505 Executive House Frederick J.

Shon P.O. Box 2357 Administrative Judge Harrisburg, PA 17120 Atomic Safety and Licensing l

Board Panel Louise Bradford U.S. Nuclear Regulatory Commission Three Mile Island Alert, Inc.

Washington, D.C.

20555 1011 Green Street Harrisburg, PA 17102 Mary E. Wagner, Esq. (2)

Office of Executive Legal Director nA Muclear eman1 enmmimeinn 5e nri, Washington, D.C.

0555 Atomic Safety and Licensing Appeal Panel U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission l

Washington, D.C.

20555 l

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