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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEAR3F0999-05, Comment Supporting Proposed Rules 10CFR50 & 72 Re Reporting Requirements for Nuclear Power Reactors & Draft NUREG-1022, Rev 2, Event Reporting Guidelines1999-09-14014 September 1999 Comment Supporting Proposed Rules 10CFR50 & 72 Re Reporting Requirements for Nuclear Power Reactors & Draft NUREG-1022, Rev 2, Event Reporting Guidelines L-99-201, Comment Supporting Proposed Rules 10CFR50 & 72 Re Reporting Requirements for Nuclear Power Reactors.Fpl Followed Development of NEI Comments on Rulemaking & Endorse These Comments1999-09-0707 September 1999 Comment Supporting Proposed Rules 10CFR50 & 72 Re Reporting Requirements for Nuclear Power Reactors.Fpl Followed Development of NEI Comments on Rulemaking & Endorse These Comments ML20206H4441999-05-0303 May 1999 Comment Opposing Proposed Rules 10CFR170 & 10CFR171 Re Rev of Fy 1999 Fee Schedules ML20205J0461999-04-0101 April 1999 Comment Supporting Proposed Draft Std Review Plan on Foreign Ownership,Control & Domination.Util Supports Approach Set Forth in SRP Toward Reviewing Whether Applicant for NRC License Owned by Foreign Corp.Endorses NEI Comments ML20205B3771999-03-16016 March 1999 Comment Opposing PRM 50-64 Re Liability of Joint Owners of Npps.Util Endorses Comments of NEI & Urges Commission to Deny Petition for Rulemaking ML17355A2511999-03-0909 March 1999 Comment Supporting Amend to Policy & Procedure for NRC Enforcement Actions Re Treatment of Severity Level IV Violations at Power Reactors.Util Also Endorses Comments of NEI on Revs L-98-306, Comment Opposing Proposed Rule 10CFR50 Re Requirements for Monitoring Effectiveness of Maint at NPP1998-12-10010 December 1998 Comment Opposing Proposed Rule 10CFR50 Re Requirements for Monitoring Effectiveness of Maint at NPP L-98-272, Comment on Draft Reg Guide DG-4005, Preparation of Suppl Environ Repts for Applications to Renew Nuclear Power Plant Operating Licenses1998-10-28028 October 1998 Comment on Draft Reg Guide DG-4005, Preparation of Suppl Environ Repts for Applications to Renew Nuclear Power Plant Operating Licenses L-98-252, Comment Supporting Proposed Rules 10CFR2 & 51 Re Streamlined Hearing Process for NRC Approval of License Transfers.Fpl Also Endorses Comments of NEI on Proposed Rule1998-10-0606 October 1998 Comment Supporting Proposed Rules 10CFR2 & 51 Re Streamlined Hearing Process for NRC Approval of License Transfers.Fpl Also Endorses Comments of NEI on Proposed Rule L-98-248, Comment Supporting Statement of Policy on Conduct of Adjudicatory Proceedings.Fpl Also Endorses Comments of NEI on Policy Statement1998-10-0505 October 1998 Comment Supporting Statement of Policy on Conduct of Adjudicatory Proceedings.Fpl Also Endorses Comments of NEI on Policy Statement ML17354A8741998-03-27027 March 1998 Comment Opposing Proposed Generic Communication,Lab Testing of nuclear-grade Activated Charcoal (M97978) ML17354B1061998-02-26026 February 1998 Submits Listed Requests for NRC EA Per 10CFR2.206 to Modify OLs for All FPL NPPs Until Licensee Can Demonstrate Open Communication Channels Exist Between NRC & Licensee.Also Requests EA to Address Alleged Discriminatory Practices ML20217M0751997-08-13013 August 1997 Licensee Response to Supplemental 10CFR2.206 Petitions Filed by Tj Saporito & National Litigation Consultants.Petition Provides No Basis for Extraordinary Relief Requested. Petition Should Be Denied.W/Certificate of Svc ML20217J4321997-08-0707 August 1997 Memorandum & Order.* Grants Staff Petition for Review & Reverses Presiding Officer Decision Requiring Staff to Issue Tetrick SRO License.Order Disapproved by Commissioner Diaz. W/Certificate of Svc.Served on 970807 ML20148P8461997-06-25025 June 1997 Memorandum & Order (Determination of Remand Question).* Concludes That Presiding Officer Reaffirms Determination That Response of Rl Tetrick to Question 63 of Exam to Be SRO Was Incorrect.W/Certificate of Svc.Served on 970626 ML17354A5521997-06-18018 June 1997 Comment Opposing Proposed NRC Bulletin 96-001,suppl 1, CR Insertion Problems. ML20141F5441997-06-13013 June 1997 NRC Staff Response to Presiding Officer Memorandum & Order (Questions Relevant to Remand).* Staff Submits That Tetrick Request for Reconsideration of Grading of Question 63 on SRO License Written Exam Should Be Denied ML20141F5711997-06-13013 June 1997 Supplemental Affidavit of B Hughes & Ta Peebles.* Affidavit Re Tetrick Request for Reconsideration of Grading of Question 63 on SRO License Written Exam.W/Certificate of Svc ML17354A5181997-05-27027 May 1997 Licensee Response to 10CFR2.206 Petition Filed by Tj Saporito & National Litigation Consultants.Petition Should Be Denied,Based on Listed Info.W/Certificate of Svc ML20148G6531997-05-27027 May 1997 Notice.* Forwards Documents Received & Read by Author from Rl Tetrick on 970317 W/O Being Served as Required Under Procedural Rules.W/Certificate of Svc.Served on 970527 ML20148G7071997-05-27027 May 1997 Memorandum & Order (Questions Relevant to Remand).* Rl Tetrick May Respond to Questions W/Filing Served Pursuant to Procedural Regulations W/Notarized Statement to Be Received by 970617.Certificate of Svc Encl.Served on 970527 ML20148G7501997-05-20020 May 1997 Memorandum & Order CLI-97-05.* Staff May Withhold Issuance of SRO License to Rl Tetrick Pending Further Order of Commission.W/Certificate of Svc.Served on 970520 ML17354A5631997-05-17017 May 1997 Second Suppl to 970423 Petition Requesting Enforcement Against Listed Util Employees by Imposing Civil Penalties, Restricting Employees from Licensed Activities & Revoking Unescorted Access ML20141C7331997-05-16016 May 1997 Order Extending Until 970616,time within Which Commission May Rule on NRC Staff 970416 Petition for Review of Presiding Officer Initial Decision.W/Certificate of Svc. Served on 970516 ML17354A5611997-05-11011 May 1997 Suppl to 970423 Petition Requesting Enforcement Action Against Util Former Executive Vice President,Site Vice President & Maint Superintendent by Imposing Civil Monetary Penalty ML20138J2331997-05-0202 May 1997 Affidavit.* Affidavit of B Hughes Re Denial of Application for SRO License for Rl Tetrick.W/Certificate of Svc ML20138J2271997-05-0202 May 1997 NRC Staff Response to Questions Posed in Commission Order of 970425.* Staff Respectfully Submits That Commission Should Undertake Review of Presiding Officer Decisions in Proceedings LBP-97-2 & LBP-97-6 ML20138J2241997-05-0202 May 1997 Line (Providing Omitted Citation).* Informs That Submitted Citation Inadvertently Omitted from Response to Questions Posed in Commission Order of 970425.W/Certificate of Svc ML20138J2401997-04-25025 April 1997 Scheduling Order.* Staff Instructed to File W/Commission,By COB 970502,response to Tetrick Argument Re Question 63 & Discussion of Legal Significance of Consistent Staff Practices.W/Certificate of Svc.Served on 970425 ML17354A5651997-04-23023 April 1997 Requests That NRC Take EA to Modify,Suspend or Revoke FPL Operating Licenses for All Four Nuclear Reactors Until Licensee Can Sufficiently Demonstrate to NRC & Public That Employees Encouraged to Freely Raise Safety Concerns ML20137X5921997-04-16016 April 1997 NRC Staff Petition for Commission Review of Presiding Officer Decisions in Proceeding (LBP-97-2 & LBP-97-6).* Commission Should Undertake Review of Presiding Officer Decisions in Proceeding.W/Certificate of Svc ML20137X5511997-04-11011 April 1997 NRC Request for Issuance of Order Staying Effectiveness of Presiding Officer Decisions in Proceeding (LBP-97-2 & LBP-97-6).* Commission Should Stay Effectiveness of Decision in Subj Proceeding.W/Certificate of Svc ML20137R3531997-03-27027 March 1997 Correct Copy of Memorandum & Order (Denial of Reconsideration,Stay).* Denies NRC Staff Motion for Reconsideration.W/Certificate of Svc.Served on 970327 ML20137F5551997-03-25025 March 1997 NRC Staff Response to Memorandum & Order of 970321.* Presiding Officer Should Grant Staff 970310 Motion for Reconsideration.W/Certificate of Svc ML20137F8251997-03-21021 March 1997 Memorandum & Order (Grant of Housekeeping Stay).* Orders That Effect of Initial Decision Postponed Until Close of Business on 970326.W/Certificate of Svc.Served on 970321 ML20137F5081997-03-17017 March 1997 NRC Staff Motion for Issuance of Stay.* Requests That Presiding Officer Deny NRC Staff Request for Issuance of Stay in Matter of Issuance of SRO License ML20137F5371997-03-17017 March 1997 NRC Staff Motion for Reconsideration in Matter of Rl Tetrick.* Requests That Presiding Officer Deny NRC Staff Request for Reconsideration ML20136F2981997-03-12012 March 1997 Memorandum & Order (Grant of Housekeeping Stay).* Informs That Initial Decision Issued by Presiding Officer on 970228 Postponed Until 970321 & Rl Tetrick May File Response by 970318.W/Certificate of Svc.Served on 970312 ML20136F2351997-03-10010 March 1997 NRC Staff Motion for Reconsideration Introduction.* Requests That Presiding Officer Reconsider Determination That Tetrick Passed Written Exam & Find,Instead,That Tetrick Failed Written Exam ML20136F3411997-03-10010 March 1997 NRC Staff Request for Issuance of Order Staying Effectiveness of Presiding Officers Initial Decision LBP-97-2.* Staff Submits That Presiding Officer Should Stay Effectiveness of Initial Decision.W/Certificate of Svc ML20136F2721997-03-0606 March 1997 Supplemental Affidavit of B Hughes.* Supports Staff Motion for Reconsideration of Presiding Officer Initial Decision of 970228.W/Certificate of Svc ML20138Q0191997-02-28028 February 1997 Initial Decision.* Concludes That Rl Tetrick Had Passing Score of 80% & Should Be Granted License as Sro. W/Certificate of Svc.Served on 970228 ML20134A6551997-01-23023 January 1997 Written Presentation of NRC Staff.* Staff Concludes That SE Turk Failed Written Exam & Did Not Establish Sufficient Cause to Change Grading of Answers to Listed Questions. Denial of Application for SRO License Should Be Sustained ML20134A6661997-01-23023 January 1997 Affidavit of B Hughes & Ta Peebles Re Denial of Application for SRO License.W/Certificate of Svc.Served on 970124 ML20129J5681996-10-23023 October 1996 Memorandum & Order (Error).* Informs of Incorrect Caption Identified in Order .W/Certificate of Svc.Served on 961023 ML20129D4981996-10-21021 October 1996 Memorandum & Order (Grant of Request for Hearing Scheduling).* Requests for Hearing Hereby Granted. W/Certificate of Svc.Served on 961021 ML20129D6681996-10-18018 October 1996 NRC Staff Answer to Rl Tetrick Request for Hearing.* Staff Does Not Oppose Request & Will Be Prepared to Submit Hearing File.W/Certificate of Svc & Notice of Appearance ML20129D4401996-10-0909 October 1996 Designating of Presiding Officer.* Pb Bloch Designated to Serve as Presiding Officer to Conduct Informal Adjudicatory Hearing in Proceeding of Rl Tetrick Re Denial of SRO License.W/Certificate of Svc.Served on 961010 ML17353A6311996-01-19019 January 1996 Decision & Remand Order Re FPL Discrimination Against RR Diaz-Robainas.FPL Ordered to Offer Reinstatement to RR Diaz-Robainas W/Comparable Pay & Benefits,To Pay Him Back Pay W/Interest & to Pay His Costs & Expenses Re Complaint ML17353A2471995-06-27027 June 1995 Comments on Proposed Rule Re, Review of NRC Insp Rept Content,Format & Style. 1999-09-07
[Table view] Category:ORDERS
MONTHYEARML20217J4321997-08-0707 August 1997 Memorandum & Order.* Grants Staff Petition for Review & Reverses Presiding Officer Decision Requiring Staff to Issue Tetrick SRO License.Order Disapproved by Commissioner Diaz. W/Certificate of Svc.Served on 970807 ML20148G7071997-05-27027 May 1997 Memorandum & Order (Questions Relevant to Remand).* Rl Tetrick May Respond to Questions W/Filing Served Pursuant to Procedural Regulations W/Notarized Statement to Be Received by 970617.Certificate of Svc Encl.Served on 970527 ML20148G7501997-05-20020 May 1997 Memorandum & Order CLI-97-05.* Staff May Withhold Issuance of SRO License to Rl Tetrick Pending Further Order of Commission.W/Certificate of Svc.Served on 970520 ML20141C7331997-05-16016 May 1997 Order Extending Until 970616,time within Which Commission May Rule on NRC Staff 970416 Petition for Review of Presiding Officer Initial Decision.W/Certificate of Svc. Served on 970516 ML20138J2401997-04-25025 April 1997 Scheduling Order.* Staff Instructed to File W/Commission,By COB 970502,response to Tetrick Argument Re Question 63 & Discussion of Legal Significance of Consistent Staff Practices.W/Certificate of Svc.Served on 970425 ML20137R3531997-03-27027 March 1997 Correct Copy of Memorandum & Order (Denial of Reconsideration,Stay).* Denies NRC Staff Motion for Reconsideration.W/Certificate of Svc.Served on 970327 ML20137F8251997-03-21021 March 1997 Memorandum & Order (Grant of Housekeeping Stay).* Orders That Effect of Initial Decision Postponed Until Close of Business on 970326.W/Certificate of Svc.Served on 970321 ML20136F2981997-03-12012 March 1997 Memorandum & Order (Grant of Housekeeping Stay).* Informs That Initial Decision Issued by Presiding Officer on 970228 Postponed Until 970321 & Rl Tetrick May File Response by 970318.W/Certificate of Svc.Served on 970312 ML20129J5681996-10-23023 October 1996 Memorandum & Order (Error).* Informs of Incorrect Caption Identified in Order .W/Certificate of Svc.Served on 961023 ML20129D4981996-10-21021 October 1996 Memorandum & Order (Grant of Request for Hearing Scheduling).* Requests for Hearing Hereby Granted. W/Certificate of Svc.Served on 961021 ML17353A6311996-01-19019 January 1996 Decision & Remand Order Re FPL Discrimination Against RR Diaz-Robainas.FPL Ordered to Offer Reinstatement to RR Diaz-Robainas W/Comparable Pay & Benefits,To Pay Him Back Pay W/Interest & to Pay His Costs & Expenses Re Complaint ML20059M6431990-09-25025 September 1990 Memorandum & Order (Consideration of Possible Sua Sponte Issues).* No Issues of Sufficient Importance Identified to Declare Sua Sponte Issue & Case Dismissed.Certificate of Svc Encl.Served on 900925 ML20055G7261990-07-19019 July 1990 Order.* Oral Argument in Proceeding Canceled & Appeals Will Be Decided on Basis of Briefs of All Parties & Record Before Licensing Board.Certificate of Svc Encl.Served on 900720 ML20055G6601990-07-17017 July 1990 Memorandum & Order (Motion to Dismiss).* Nuclear Energy Accountability Project (Neap) & Tj Saporito Dismissed as Parties & NRC Requested to Comment on Admitted Contentions. Certificate of Svc Encl.Served on 900718 ML20055D8311990-06-25025 June 1990 Order.* Argument Scheduled for 900710 Postponed Until Further Order.Util & NRC May File Single Reply to Motions Re Relocation of 900710 Hearing to Miami,Fl Area by 900706. Served on 900626.W/Certificate of Svc ML20248J1261989-10-0303 October 1989 Order.* Grants in Part & Denies in Part Intervenors Motion for Extension of Time & Motion to Revise Hearing Schedule in Accordance W/Listed Schedule.W/Certificate of Svc.Served on 891004 ML20244D3551989-06-0808 June 1989 Memorandum & Order (Ruling Upon Contentions).* Denies Admission of Petitioners Contention 1 & Admits Contentions 2 & 3,per Stated Limitations.W/Certificate of Svc.Served on 890612 ML20247L5511989-05-30030 May 1989 Order Denying Request for Hearing.* Denies Tj Saporito 890516 Request for Hearing & Petition for Leave to Intervene Re Proposed Amends to Licenses Revising Tech Spec Sections 6.2 & 6.3.W/Certificate of Svc.Served on 890531 ML20154A0711988-09-0606 September 1988 Order.* Advises That Time within Which Commission May Act to Review ALAB-898 Extended Until 880927.Served on 880906 ML20196G8741988-06-27027 June 1988 Order.* Invites Parties to Submit Views on Question Re Applicant Establishment of Surveillance Programs for Boraflex,By 880715.Served on 880628 ML20197E1711988-05-27027 May 1988 Order.* Advises That No Appeals Taken from Board 880419 Decision in OL Amend Proceeding Re Expansion of Capacity of Facility Spent Fuel Pools.Completion of Review & Further Order Pending.Served on 880527 ML20236L8631987-11-0404 November 1987 Memorandum & Order.* Affirms Board 870623 Memo & Order Terminating Proceeding on Util Application for Amends to License.Served on 871105 ML20236L9061987-11-0404 November 1987 Order.Extends Time Until 871112 for Commission to Act to Review 84-504-07 La.Served on 871105 ML20235K8041987-09-29029 September 1987 Order.* Advises That All Mail Addressed to EA Luebke in Proceeding Should Be Sent to Stated Address.Served on 870930 ML20235J0521987-07-13013 July 1987 Order.* Written Testimony Shall Be Filed by Each Party on or Before 870831,per Agreement Reached Between Parties & Approved by Board.Served on 870714 ML20216D0541987-06-23023 June 1987 Memorandum & Order (Terminating Proceeding).* Grants Licensee 861120 Motion to Terminate Proceeding & Allows Amends 99 & 93 to Licenses DPR-31 & DPR-41,respectively,to Remain in Force.Served on 870624 ML20214B1041987-05-15015 May 1987 Order Establishing Schedule for Hearing (Expansion of Spent Fuel Pool Storage Capacity).* Each Party Must Identify Witnesses Who Will Testify W/Respect to Each Contention by 870623.Hearing Scheduled for 870915.Served on 870518 ML20205F4071987-03-25025 March 1987 Memorandum & Order (Ruling on Summary Disposition Motions).* Util Motion for Summary Disposition of Contentions 3,4,7,8 & 10 Granted,Nrc Motion Re Contention 4 Granted & Util Motion Re Contentions 5 & 6 Denied.Served on 870326 ML20211B0281986-10-14014 October 1986 Order Imposing Civil Monetary Penalty in Amount of $25,000. NRC Assessment of Licensee Response Encl ML20210B7531986-09-16016 September 1986 Memorandum & Order ALAB-846,affirming ASLB 860724 Initial Decision LBP-86-23,authorizing Requested Amends to Tech Specs for Licenses DPR-31 & DPR-41 Re Vessel Flux Reduction. Served on 860917 ML20212M8211986-08-25025 August 1986 Memorandum & Order Granting Summary Disposition Motion Re Contention 3 & Terminating OL Amend Proceeding.Served on 860827 ML20206M7901986-08-19019 August 1986 Order That ASLB 860724 Initial Decision LBP-86-23 Authorizing Requested Amends to Tech Specs for Licenses DPR-31 & DPR-41 Re Vessel Flux Reduction,Not to Be Deemed Final,Pending Further Order of Aslab.Served on 860820 ML20214J8781986-08-12012 August 1986 Confirmatory Order Requiring Continuation of Performance Enhancement Program,Rev 1 & Phase II Assessment Program Based on Failure to Maintain Mgt Controls & Deficiencies in Plant Sys ML20207J9761986-07-24024 July 1986 Order Accepting Staff 860110 & Licensee 860121 Motions Re Encl Transcript Corrections for 851210-12 Hearings.Served on 860725 ML20154B7341986-02-26026 February 1986 Order Granting Ctr for Nuclear Responsibility & J Lorion Motion for Extension of Time Until 860319 for Filing Response to Util 860123 Motion for Summary Disposition. Served on 860228 ML20141N1751986-02-26026 February 1986 Order Granting Ctr for Nuclear Responsibility 860123 Motion for Extension of Time to & Including 860319 for Filing Response to Licensee 860123 Motion for Summary Disposition Re Spent Fuel Pool Expansion.Served on 860228 ML20151T2451986-02-0505 February 1986 Order Extending Time Until 860214 for Ctr for Nuclear Responsibility & J Lorion to File Proposed Findings of Fact & Conclusions of Law.Served on 860207 ML20137D6191985-11-25025 November 1985 Order Granting Extension of Time Until 851127 for Intervenors to File Response to Licensee 851028 Interrogatories.Served on 851125 ML20137D6321985-11-25025 November 1985 Order Extending Time Until 851127 for Intervenors to Respond to Licensee Interrogatories, .Served on 851125 ML20198E2991985-11-0808 November 1985 Order Denying Licensee Second Motion for Summary Disposition of Contention (D).Served on 851112 ML20132B9181985-09-24024 September 1985 Memorandum & Order Admitting Contention 3 & Rejecting Contentions 1,2 & 4 of Ctr of Nuclear Responsibility & J Lorion 850307 Amended Petition as Issues in Controversy in Fuel Enrichment Processing.Served on 850925 ML20137P9461985-09-18018 September 1985 Order Scheduling Evidentiary Hearing on 851210 in Miami,Fl Re Amends 93 & 99 to Licenses DPR-41 & DPR-31,respectively, Issued on 841223.Served on 850919 ML20135G1031985-09-16016 September 1985 Memorandum & Order Admitting Contentions 3,4,5,6,7,8 & 10 & Rejecting 1,2 & 9 of Ctr for Nuclear Responsibility,Inc & J Lorion 850307 Amended Petition Re Proposed Amends to Expand Spent Fuel Pool Storage Capability.Served on 850917 ML20134E7951985-08-16016 August 1985 Order Granting Util 840810 Motion for Summary Disposition of Contention (B) & Denying Util 840810 Motion for Summary Disposition of Contention (D),Intervenor 831012 Motion to Strike & Util 840921 Motion to Strike.Served on 850819 ML17273A0631979-08-0303 August 1979 Order 8995 Adopting FERC Order 450 Re Location & Preservation of Records 1997-08-07
[Table view] |
Text
AS? LBP-87-21. i
(
OCCKE((O I UNITED STATES-0F. AMERICA
- I NUCLEAR REGULATORY COMMISSION' l 87 J 23 P3 :44 ATOMIC SAFETY AND LICENSING' BOARD Before Administrative Judges:- ff0 'b m < 5 W' i
Dr. Robert M. Lazo, Chairman Dr. Richard F. Cole Dr. Enuneth A. Luebke I
In the Matter of Docket Nos. 50-250-0LA-1 l '
) 50-251-0LA-1 FLORIDA POWER & LIGHT. COMPANY ASLBP No. 84-496-03 LA I (Turkey Point Plant, (Vessel Flux Reduction) !
i
. Units 3 & 4)
June 23, 1987_ ]
1 MEMORANDUM AND ORDER (Termiriating Proceeding)~
l I. INTRODUCTION On July 24, 1986, the Licensing Board in the_ above-captioned proceeding issued an initial decision (LBP-86-23, 24 NRC'108J in which it found that the amendments for Turkey Point' Units 3 and 4 'shall' 1 remain in full force and'effect without modification." Id. at 130.- The l Licensing Board resolved Contention (d), the sole remaining contention, j in Licensee's favor by finding that: (1)theLicensee'sanalysisof departure from nucleate boiling ratio'was performed using:NRC
' Staff-approved methodology and compensates for appropriate uncertainties and (2) the issuance of the amendments has not reduced the margin of- ;
safety for the operation of.the plant. ._Id. at 129. The Board, _ however,- ;
B706300440 870623 PDR G'
ADOCK 05000250 -
i PDR '
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1 i
2' 1
l
. retained jurisdiction with respect to an issue related to Contention (b)
-- a contention the Board had .sumarily disposed of'-- pending receipt. I of further information from the Staff in' view of the' Staff's June 30,
~
1986 Board Notification (BN-86-17).. Id_. at 130-31.1
.l In BN-86-21 dated October 23,.1986, the Staff provided information
~
h about the Staff's follow-up actions in the matter and reiterated its }j previous. conclusion that the Board's grant of summary disposition of
. Contention (b);is not. adversely. affected by the need for changer in the .j Westinghouse ECCS evaluation models using either..the FLECHT correlation or the BART code.. j l
'j On November 20, 1986, Licensee filed a motion (Motion to Relinquish ]
t
- Jurisdiction and Terminate Proceeding) requesting. that the Board i l
terminate this proceeding. As grounds for:its motion that the-Board relinquish jurisdiction .and . terminate the; proceeding,r Licensee' states that the additional' infomation relating to ContentionL(b) which then 1
1 In BN-86-17, the Staff stated that'it had been informed by: . '
. Westinghouse Electric Corporation of the.need to make certain:
additions and corrections to the 1981 Westinghouse Emergency Core-- 3 Cooling System-(ECCS) evaluation models.using the FLECHT1 . . _ . . l correlation and the-BART computer-code. _The Stafffalso; indicated ]
. in'BN-86-17 that it was considering the actionsfnecessary for .-
interim and continued operation of Westinghouse' plants which, after = 1 taking into account the maximum increases in peak cladding temperature-resulting from the errors, remain within or exceedIthe 2200 *F acceptance criterion. specified in 10 C.F.R. 51 50.46(b).
, .i
-i
- t. W. i!
J
- 3. !
1 Board was awaiting has now been provided and that the Staff'has" indicated that no further action is required of the. Licensee.. Motion at 2.
l The Staff filed an ar.swer on December 10, 1986, fully supporting .
1 Licensee's motion.2 Intervenors submitted an opposing Response on l December 15, 1986, ten days out of. time.3 Intervenors' Response was-accompe%d by,a motion for extension of time.4 II. DISCUSSION i
i I
Before the Board was informed of the need to make corrections or additions to the ECCS models used by Licensee, the calculated peak )
cladding temperature (PCT) using the FLECHT correlation was 2130 'F .plus 10 *F for the effects of the transitional core, and the calculated PCT using the BART. code was 2051. *F (plus:10,*F for the. effects of the transitional core). Supplement To The Safety Evaluation.In Support Of
\.
2
" Staff Response To Motion To Terminate Proceeding" (December 10, 1986).
3 I "Intervenors' Response t'o Licensee's Motion to Relinquish Jurisdiction and Terminate Proceeding" _(December:15,1986) ,
(hereafter "Intervenors' Response"). >
4 ,'Intervenors' Motion For Extension Of Time .To Respond To~ Licensee's.
. Motion For Termination Of Proceeding" (December:15,#1986). For.
good cause shown, the motion is granted.
,h-
n3 1
ll ,
4-1
- Amendment Nos. 99'and 93 For The Turkey Point Plant '(SSE)7 dated May 14, j q 1985,El.4.2.
1In 'BN-86-17, the Staff. opined that the' rationale underlying tihe .
Board's sunnary disposition ruling would not'-be adversely affected by f the new information concerning .the model errors.. Specifically, the L. l Staff stated that:.
1 First, the. Board's. dismissal of Contention (b) was based primarily. 1 on the-ECCS- evaluation' model . calculation using the FLECHT; correla- I
' tion and there is only, at most,1a 12 *F estimated. increase in:the' j
-previously. calculated' PCT (i.e., 2152 *F). :Second, theJ staff l expects,that.the PCT calculation using the corrected ECCS.evalua- !
tion model using BART would.be below 2200 *F. Thus, the staff l expects: that a- corrected analysis with both models 'would.. satisfy 10 CFR -Part 50, Appendix K, .and.10 CFR 50.'4G.
BN-86-17'at 5. The Licensing Board, noting that (1) the Board's grant
.of sunnary disposition of ' Contention '(b), although based primarily upon the Licensee's .ECCS analysis using the: FLECHT correlation,- also ,
considered the ECCS analysis using.the BART: computer code, (2) the . Staff I indicated in BN-86-17 that it was considering' actions necessary for' j interim'and continued operation with respect to Westinghouse plants: 1 which would continue to meet, or may exceed,ythe-10 C.F.R. 5 50.46(b). .!
acceptance criterion of 2200 *F, and (3) the Staff would keep the Board - 1
~
informed of-Staff actions in the matter, concluded that it would' retain: .
=6 jurisdiction pending further actions by the Staff.J 24 NRC 108,130.
r- ,
I g i n , j 5 j l
l In BN-86-21, dated October 23, 1986,- the Staff informed the. Board -
that the calculated PCTs resulting from both the corrected ECCS model l l
with the FLECHT correlation and a reanalysis using the approved addendum l i
to the BART code are less than 2200 'F and satisfy 10 C.F.R. Part 50, l
Appendix K, and 10 C.F.R. 5 50.46. The. Staff also told the Board that the Staff is not requiring a reanalysis to be performed by.any applicant .i or licensee using the FLECHT correlation and the Staff-is not requiring I
any- applicant. or licensee to perform a reanalysis using the corrected' j evaluation model using the BART code unless such applicant or licensee has a licensing action which uses the BART code pending before.the NRC.
BN-86-21 at 3. !
In their Response to Licensee's Motion the Intervenors asked the- j l
Licensing Board to require "the Licensee to perform an ECCS analysis with the corrected version of the BART computer code" and to revoke the subject license amendments" if the results of the analysis do not comply.
with the requirements in 10 C.F.R. ~f 50.46.and Part 50, Appendix K.-
Intervenors' Response at 4. Since these requested actions are without justification based upon the evidence currently .in the record, the J
requests necessarily contemplate a reopening of 'the record on Contention (b) in this proceeding. However, it is apparent that the Intervenors have not provided a sufficient basis for reopening the record on Contention (b).
i
)
n
).
,8 6
i 10 C.F.R. 6 50.46 and Part 50, Appendix K, set forth acceptance:-
criteri_a for emergency core cooling systems (ECCS)'and the models used )
to evaluate these systems. Among other , things,. these criteria state
- that an ECCS is accep_ table if the peak clad temperature (PCT) calculated by an acceptable evaluation model does not exceed 2200 F in the event ofi i 'a' loss-of-cooling accident (LOCA). . . Contention (b) questions whether a model used by the Licensee..in support of.its amendment' application meets'
'the Comunission's ECCS acceptance criteria.
In-an Order dated' August 16, 1985, the Licensing Board granted summary disposition o'f Contention.(b).5 22NRC'300(1985). This Order
)
. recited the facts that:the-Licensee. performed evaluations using two l
-different ECCS models approved by the NRC (one model used,the-FLECHT correlation and the other used BART code), that the Intervenors only )
raised concerns regarding BART, and that the PCT calculated by'each model was:less than 2200 F. Since the Intervenors raised no genui :
issue about FLECHT or whether the PCT predicted by. FLECHT meets the ;
2200 "F' standard, the Board granted summary disposition.of, Contention. (b) notwithstanding the Intervenors' concerns'.regarding BART.
5 This Order necessarily found that the Intervenors .had presented no genuine issue of material fact requiring an-evidentiary hearing d
- with . respect to Contention (b). Nothing in-the.Intervenors'- ' -.
. Response raises a genuine issue of material fact on. Contention (b)' !
or calls into question'the correctness of. that Order.
i e
7 After issuance of this Order, the NRC Staff submitted Board' Notification'BN-86-17 on June 30, 1986. .BN-86-17. stated that there was
' a "need for additions and corrections- to the currently approved 1981 Emergency Core Cooling System (ECCS), evaluation' model [ including FLECHT]'
- and the 1981 ECCS evaluation model including BART.:" In particular, j' i BN-86-17 stated that both of these models did not properly account .for j the effect of control rod thimbles, which results in a 6 to 12 *F {
increase in PCT calculations.using FLECHT and a 10 to 20 F increase in '
PCT calculated using.BART. . Additionally, BN-86-17 stated:that 100 *F should-be added:to the PCT calculated usingLBART to' account for removal of a hot' assembly. power adjustment. BN-86-16 further. stated that, when these increases are-taken into account, the PCT calculated by each model would still be 1ess than the mgulatory limit of.2200' *F., Consequently,
~
BN-86-17 concluded that this.information doe.r not adversely affect the rationale underlying the Board's grant of'sunnary disposition of Contention (b). . Finally, BN-86 noted. that the ' Staff..was considering -
whether additional action was necessary 'and promised to keep the Board' l infomed of the Staff's actions regarding this matter..
J Thereafter, the Staff issued Board Notification BN-86-21 ,
(October 23,1986) which, among other things, pointed out again that a j
~
reanalysis using the FLECHT correlation would result.in at most.a 12.*F estimated increase in the previously calculated peak cladding ;
temperature, and that the 120' *F increase using.the .BART_ code.would be: 1 a 8 4
m
i
'E ,
I 8
I largely mitigated by an addendum in the code approved by the NRC. Thus, (
BN-87-21 concluded: ;
1 I
In sumary,-the slight change of 12 F has no significant impact on-the previously calculated. PCT-of 2130 F for the Turkey Point Plant and a reanalysis using the approved addendum to.the BART code would result'in only a slight. change in the previously calculated . PCT of . :j 2051.'F for the Turkey Point Plant, thus'both analysis would result
-1 in a PCT less than 2200 F and satisfy 10 CFR 50, Appendix K and 10' 1 CFR 50.46.
l 1
The Intervenors' requests _for Board action regarding Contention (b) )
i are based almost entirely upon.BN-86-17. However, BN-86-17 does not y l
form a-sufficient basis for reopening the record on Contention (b). ;
1 Under 10 CFR 5 2.734, a motion to reopen a closed record to consider.
i additional evidence will not be granted unless-(1) the motion is timely, ]
addresses a significant safety or environmental issue, and demonstrates ;
that~a materially different' result would be or would have been 'likely _
had the newly proferred evidence been considered initially;1and-(2) .the
-motion 'is accompanied by one or-more affidavits by competent individuals.
t or experts in the appropriate disciplines which set forth the factual or -j technical bases for the movant's claim that the criteria.in (1) are-satisfied. Thus, a party seeking to reopen the record has a " heavy.
burden" to bear. Kansas Gas and Electric Co. (Wolf Creek Station, Unit.
i No.1),ALAB-462,7'NRC320,338(1978). Intervenors' reliance on .
l BN-86-17 does not satisfy this burden. -
-i
'i i
s, 1
44 9
BN-86-17 does not raise a significant safety-or environmental: issue and does not support a result which is materially different from the Board's order granting summary disposition of. Contention (b). As BN-86-17 itself notes, use of a corrected ECCS model with FLECHT would only cause a 6 to 12 "F increase in calculated PCT. A change of this magnitude is not significant.. See 10 C.F.R. Part 50, Appendix K, 1 II.1.b.(which defines a "significant change" in an ECCS evaluation model as a change that.would result in a change of more than 20 *F in PCT). Furthermore, as noted in BN-86-17, use of corrected models including either FLECHT or BART would not result in a calculated PCT temperature which exceeds the 2200 'F regulatory limit. Therefore, the performance of a reanalysis using these corrected models would not resutt in a material change in the Board's conclusions granting suninary disposition of Contention (b).
Interveners state that they "have reason to believe" that the
[
regulatory criterion would be exceeded if t'ne Board were to require the Licensee to perfonn a reanalysis with the corrected version of BART.
Intervenors' Response at 3. However, the Intervenors have effered no evidence in support of this speculation and have not supplied any affidavits from competent experts to justify this. claim. As the Appeal Board stated in Pacific Gas and Electric Co. (Diablo Canyon Nuclear-Power Plant, Units 1 and 2), ALAB-775, 19 NRC 1361, 1366-67 (1984),
" supporting information must be more than mere. allegations; it must be
j
.A 10
'l tantamount-to evidence." Consequently, the Intervenors" " belief" is not'
] '
sufficient to warrant'a reopening of the record on Contention (b).
The Intervenors appear to be of the opinion that the Board should. ]
require a reanalysis of whether the license amendments comply with the Commission's. limits, merely because the analysis performed in support of the amendments did not use the corrected BART code. See-Intervenors' i i
Response . at 3-4. However, the Staff has concluded, based upon its review, that these limits would not be exceeded; in the absence of any ;
evidence to the contrary..it would be a pointless (and expensive) q exercise to perform such'a reanalysis. Furthermore, the Board has no authority to order the Licensee to perform a reanalysis for the purpose of determining whether the record should be reopened. As the Connission stated in Cleveland Electric Illuminating Co. (Perry Nuclear Plant, 4
Units 1 and 2), CLI-86-7, 23 NRC 233, 235-(1985):
[A] Board is to decide a motion to reopen on the information before.
it and has no authority to engage in discovery in order to supplement the pleadings before it. Simply put, the burden of satisfying reopening requirements is'on the movant and Boards must.
base their decisions on what is before them.
i Thus, it would be improper for the Board to order the Licensee to .
perform a reanalysis .in order to-decide whether-the record on Contention (b) should be reopened.
i
b i-i 4
11 1
The.Intervenors have not presented sufficient justification to - j reopen the record.
III. CONCLUSION 1
The validity. of the Licensing Board's ultimate conclusion on suninary disposition that the Licensee's analysis meets 10 C.F.R. Part 50, Appendix- K, and 10 C.F.R., 61.50.46 has not been altered and there..are: l no longer any . issues pending concerning . Contention (b). . Accordingly, we are relinquishing jurisdiction and terminating this proceeding before 1
the Licensing-Board.
i IV. ORDER For all the foregoing reasons and upon consideration of the entire record in this matter, it is this 23rd. day of June,1987:
ORDERED
- 1. That Licensee's Novemb'er 20, 1986 Motion to Relinquish Jurisdiction.and Terminate Proceeding _ is. granted;
- 2. License Amendment Nos. 99 and 93 to Operating License Nos.
DPR-31 and DPR-41, respectively, issued by the Office of Nuclear Reactor-
1 o ,
l 12 {
. Regulation on December 23, 1983, shall remain in full force and effect without modification; and
)
- 3. This proceeding before the Licensing Board is terminated. j 1
i
/
FOR THE ATOMIC SAFETY AND I
LICENSING BOARD.
l 1
b GAAf Dr. Robert M. Lazo, Chfirman ]
ADMINISTRATIVE JUDGE q
)
41& Q Dr. Richard F. Cole ,
ADMINISTRATIVE JUDGE ]
A+M L Dr. Emmeth A. Luebke i ADMINISTRATIVE JUDGE 1
Dated at Bethesda, Maryland, this 23rd day of June 1987.
i
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