ML20236P806

Discusses Citizens Concerned About Nuclear Power,Inc 870529 Motion to Reopen Record.Petitioner Asserts That Evidence Exists That Harassment of Region IV Personnel Shedding Doubt on Credibility of NRC Testimony.Motion & Draft Memo Encl

ML20236P806
Person / Time
Site:	South Texas
Issue date:	08/04/1987
From:	Sohinki S NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Murley T Office of Nuclear Reactor Regulation
Shared Package
ML20236P808	List: ML20236P806 ML20237G529 ML20237G545 ML20237G598
References
2.206, NUDOCS 8708130060
Download: ML20236P806 (6)

Text

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UNITED STATES

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August 4, 1987 MEMORANDUM FOR: Thomas E. Murley, Director Office of Nuclear Reactor Regulation FROM: Stephen M. Schinki, Assistant General Counsel for Enforcement Office of the General Counsel

SUBJECT:

SOUTH TEXAS NUCLEAR PLANT - REFERRAL OF MOTION UNDER 10 C.F.R. 2.206 On May 29,1987, Lanny Sinkin, on behalf of Citizens Concerned About Nuclear Power, Inc., filed a motion entitled "Intervenor Citizens Concerned About Nuclear Power, Inc. Motion to Reopen the Record" before the Commission requesting that the record in the South Texas Nuclear Project (STNP) licensing hearings be reopened and that fuel loading scheduled for June , 1987, be suspended pending resolution of the matters in the motion.

By Memorandum and Order dated July 24, 1987, the Commission denied the request for the stay of fuel loading and referred the remainder of the motion to the staff for consideration under 10 C.F.R. 5 2.206.

The Petitioner requests that the Licensing Board decisions with regard to STNP should be altered. The Petitioner asserts as a basis for this request that, based on the April 9,1987, testimony of NRC witnesses before the Senate Committee on Governmental Affairs, there is evidence of intimidation and harassment of NRC personnel in Region IV which sheds doubt on the credibility, accuracy and objectivity of the testimony presented by NRC personnel in the operating license proceeding on which the Licensing Board relied in reaching its decision.

Because the Commission will consider the granting of a full power operating license to STNP in the near future, it is essential that your office expedite the response to this Petition. I am enclosing copies of Mr. Sinkin's May 29 Motion and the Commission's July 24 Memorandum and Order for your use. I am also enclosing drafts of a letter of acknowledgment to the Petitioner for your signature and a Notice of Receipt of the Petition for publication in the Federal Register. Please inform my office of the technical staff contact CONTACT: Susan Chidakel x27149

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who will be involved in preparing a response to this Petition. Please ensure that I am provided copies of all correspondence related to the Petition and that I am asked to concur on all staff correspondence.

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f Stephen M. Schinki, Assistant General Counsel for Enforcement Office of the General Counsel l

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Enclosures:

As stated cc: w / encl . : J. Lieberman, OE W. Olmstead, OGC R. Martin, RIV W. Brown, RIV P. Kadambi, NRR 1

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Docket Nos. 50-498 Of.

50-499 Ot' Mr. Lanny Alan Sinkin Citizens Concerned About Nuclear Power, Inc.

Christic Institute 1324 North Capitol Street, N.W. I Washington, D.C. 20002

Dear Mr. Sinkin:

By motion filed with the Commission dated May 29, 1987, entitled l

"Intervenor Citizens Concerned About Nuclear Power, Inc. Motion to /

Reopen the Record," you requested that the record in the South Texas' ,

1 Nuclear Plant (STNP) licensing hearing be reopened and that fuel loading Ne scheduled for June,1987 be suspended pending resolution of the matters in your motion. You assert that the Licensing Board decisions with .

regard to STNP should be altered. The motion asserts' that, based on the April 9,1987 testimony of NRC witnesses before the Senate Committee on Governmental Affairs, there is evidence of intimidation and harassment of NRC personnel in Region IV which sheds doubt. on the credibility, accuracy and objectivity of the testimony presented by NRC personnel in l

the operating license proceeding on which the Licensing Board relied in reaching its decision. By Memorandum and Order dated July 24, 1987, 1 the Commission denied the request for the stay of fuel loading and referred the remainder of your motion to the staff for consideration under 10 C.F.R. 9 2.206. As provided by section 2.206, action will be taken upon your request within a reasonable time. I have enclosed for your

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i information a copy of the notice that is being filed with the Office of the Federal Register for publication. j l

Thomas E. Murley, Director i Office of Nuclear Reactor Regulation i

Enclosure:

As stated l l

cc w/ encl.: Houston Power and Light Company i

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7590-01[

U.S. NUCLEAR REGULATORY COMMISSION Docket Nos. 50-498-EM and 50-499&

HOUSTON LIGHTING AND POWER COVPANY (South Texas Nuclear Plant)( #"b RECEIPT OF PETITION FOR DIRECTOR'S DECISION UNDER 10 C.F.R. 9 2.206 Notice is hereby given that by Memorandum and Order dated July 24, 1987, the Commission has referred a motion filed by Lanny Sinkin on behalf of Citizens Concerned About Nuclear Power, Inc., on May 29, 1987, with regard to the South Texas Nuclear Plant (STNP) to the NRC staff for consideration under 10 C.F.R. 6 2.206. in the motion, entitled "Intervenor Citizens Concerned About Nuclear Power, Inc. Motion to Reopen the Record," the Petitioner requested that the record in the b

STNP licensing hearing be reopened and that fuel loading scheduled for June, 1987, be suspended pending resolution of the matters in the motion . The Petitioner requested that the Licensing Board decisions with regard to STNP should be altered, asserting as a basis for this request that, based on the April 9,1987, testimony of NRC witnesses before the Senate Committee on Governmental Affairs , there is evidence of intimidation and harassment of NRC personnel in Region IV which sheds doubt on the credibility, accuracy and objectivity of the testimony presented by NRC personnel in the operating licen w proceeding on which the Licensing Board relied in reaching its decision. The Commission

denied the request for the stay of fuel loalding and referred the remainder of the motion to the NRC staff for consideration under 10 C.F.R. 6 2.206.

This matter is being treated pursuant to 10 C.F.R. s 2.206 of the Commis-  !

sion's regulations. As provided by section 2.206, appropriate action will i

be taken on this request within a reasonable time.

Copies of the Petition are available for inspection in the Commission's I Public Document Room,1717 H Street, N .W. , Washington, D C., and in l the local public document room for the facility located at Dated at Bethesda, Maryland, this day of ,

1 1987.

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\ i FOR THE NUCLEAR REGULATORY COMMISSION 1

l Thomas E. Murley, Director ,

Office of Nuclear Reactor Regulation l l

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' ' UNITED STATES

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! p, NUCLEAR REGULATORY COMMISSION W ASHINGT ON, D. C. 20$55

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DUE: 08/28/87 EDO CONTROL: 003064 FRON: DOC DT: 05/29/8 l 6 FINAL REPLY: i LANNY ALAN SINKIN l CITIZENS CONCERNED ABOUT NUCLEAR POWER, INC.

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2.206 PETITION - SOUTH TEXAS STELLO TAYLOR DATE: 07/29/87 REHM ASSIGNED TO: CONTACT:

P P, A , M RLEY _

RMARTIN I,," SPECI AL INSTRUCTIONS OR REMARKS:

NRR RECEIVED: August 5, 1987

~ ACTION: DRSP CRU'ICHFIELD i

MURLEY/SNIEZEK  :

NRR ROUTING:

STAROSTECKI MIRAGLIA

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No. _50-498/499-OL NRC SECRET ARIAT Date 7/28/87_

TO: O commissioner - O cen. counse<

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0 cong Liaison O secretarv O Pubik Aff airs _J O _

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Date _

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subject:

-_Intervenor Power, Inc. MOTION Citizens Concerned to Peopen the Pecord -

About Nuclear __

O Prepare repiv for signature or:

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C Return original or incoming with response Rec'd Off. E00 O ror eirect repiv-Date 7 - 1 CJ -f' 7

@ For appropriate action Time S30 6 O For information O For recommendat on g,m,+, _

Referred to Staff as 2.206 oedocrission Order __

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For the Commission:_E . L. J1'LI AN

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