ML20246N807

NRC Staff Fourth Status Rept Re Settlement Agreement.* NRC Responded to Agreement,Per Encl ,Advising Licensee That NRC Has No Objection to Agreement Between Licensee & Commonwealth of Pa.W/Certificate of Svc

ML20246N807
Person / Time
Site:	Peach Bottom
Issue date:	06/30/1989
From:	Rutberg J NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:
References
CON-#389-8853 OLA, NUDOCS 8907200046
Download: ML20246N807 (6)

Text

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p53 June 30, 1989 i....

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

,89 JJL -5 m :07 B_EFORE THE ATOMIC SAFETY AND LICENSING BOARD 2:

In the Matter of )

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PHILADELPHIA ELECTRIC COMPANY ) Docket Nos. 50-277-OLA

) 50-278-OLA (Peach Bottom Atomic Station )

Units 2 and 3) )

NRC STAFF FOURTH STATUS REPORT CONCERNING SETTLEMENT AGREEMENT I. INTRODUCTION On March 27, 1989, the Atomic Safety and licensing Board issued a Memorandum and Order in which it, among other things, directed the NRC staff to file a monthly report indicating the status of the Staff's review of the settlement agreement between Philadelphia Electric Company (PE) and the Commonwealth of Pennsylvania. The Staff herein provides its fourth status report.

II. STATUS REPORT As indicated in the Staff's third status report, an agreement was being prepared for submittal by the parties to the Staff. On June 27, 1989 the Staff responded to the settlement agreement between the Philadelphia Electric (PECO) and the Commonwealth of Pennsylvania (Commonwealth). (Copy attached). The Staff has advised PECO that it does not object to the agreement. The Staff also indicated that it would assist PECO and the Commonwealth in terminating this proceeding. We expect that the parties will shortly be taking steps to advise this Licensing Board of their desire to terminate this proceeding.

890720o046 890630 PDR O ADoCK 05000277 PDR ,

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4 The Staff will file its next status report, if necessary, by August 1, 1989.

Respectfully submitted, Jo e Ru berg De ty Assistant General Counsel Dated at Rockville, Maryland this 30th day of June, 1989.

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7 ,... ua.9c, UN TED STATES 8 ~

NUCLEAR P,E3'AATOMY COMMl4880N 5

PEOION I 478 ALLENDALE AoAo  :

..... K No or PausstA, PENNSYLVANIA IHOS June 27, 1989 Docket No.: 50-277/278 CAL No. : 82-10 Philadelphia Electric Company ATTN: C. A. McNeill, Jr.

Executive Vice Preside:nt - Nuclear 2301 Market Street P. O. Box 8699 Philadelphia, Pennsylvania Gentlemen:

This letter confirms commitnants made in a s.ettlerent agreement between Philadelphia Electric Co. (PECo), and the Commonwealth of Pennsylvania (the Commonwealth) as set forth in the Enclosure.(the Agreement).

We understand that you have instituted or will institute the a r- 'ns set forth in the Agreement and here.in incorporate the Agonbaent by reference. The HRC staff does :not object to said Agreement and considers it to represent a ccamitment by the Philadelphia Electric Company with respect to the issues addressed therein. It is noted that th.e provisions of the Agreement form part ref the basis for the settlement of a matter currently pending before an Atomic Safety and Licensing Board, and the Court of Appe sis for the Third Circuit, and accordingly, the NRC staff will work with the parties to fac:.11 tate the implementation of the Agreement by the Commonwealth and PEco, with a view toward the termination of those proceedings. ,

You are reminded that any changos to the plant procedures, Final '

Safety Analysis Report (FSAR) and facility Technical Specifications (TS) must continue to be made pursuant tc the NRC's regulations in 10 CFR Part 50. For matters covered by 15.2 of the Agreement, the NRC will not approve any alteration unless it determines that the alteration will maintain and, not detract from existing safe operation of Peach Bottom. Also, if at any time there arises a conflict between the NRC's requirements 1.5 the provisions of the Agreement, the NRC requiremeM 27.all tak;e precedence. Accordingly, the NRC considers that- It has the full. authority to modify or release any or all provisicns of the Agreemerst at any time with prompt notification to all the parties.

It is further noted that confomaing changes to the TSAR and TS are not mandatory to implement the Agreement except as may be specified in 10 CFR 50.4, 50.71(a) and 50.59.

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2 Thank you for your cooperation in this n.atter.

Sincerely,

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& Q -::^0 Y A -

william T. Russell Regional Administrator Enclosuret l Agreement Between the Philadelphia Electric -

company and the commonwealth of Pennsylvania f

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L_________---__-_-_----_

1 UNITED STATES OF AMERICA

.i NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC. SAFETY AND LICENSING BOARD In the Matter of )

PHILADELPHIA ELECTRIC COMPANY Docket Nos. 50-277-OLA 50-278-01.A (Peach Bottom Atomic Station Units 2 and 3) )

CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF FOURTH STATUS REPORT CONCERNING SETTLEMENT AGREEMENT" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or as indicated by an asterisk through deposit in the Nuclear Regulatory Commission's internal mail system, this 30th day of June,1989:

Richard F. Cole

• George C. Freeman. Jr., Esq.

Atomic Safety and Licensing Board Donald P. Irwin, Esq.

U.S. Nuclear Regulatory Commission Hunton & Williams Washington, D.C. 20555 707 East Main Street

' P.O. Box 1535 Docketing and Service Section* Richmond, Virginia 23212 Office of the Secretary U.S. Nuclear Regulatory Commission William T. Coleman, Esq. ,

Washington, D.C. 20555 John H. Beisner, Esq.

O'Melveny & Myers Atomic Safety and Licensing 555 13th Street, N.W.

Board Panel (1)* Washington, D.C. 20004 U.S. Nuclear Regulatory Commission '

Washington, D.C. 20555 Timothy D. Searchinger, Esq.

Richard P. Mather, Esq.

Atomic Safety and Licensing John R. McKinstry, Esq.

Appeal Panel (5)* 505 Executive House

.U.S. Nuclear Regulatory Commission P.O. Box 2357 Washington, D.C. 20555* Harrisburg, PA 17120 E. G. Bauer, Jr., Senior Vice Jay Gutierrez, Esq.*

President and General Counsel Regional Counsel Philadelphia Electric Company USNRC, Region I 2301 Market Street 475 Allendale Road Philadelphia, Pennsylvania 19101 King of Prussia, PA 19406

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f . p Morey M. Myers, Esq. Adjudicatory File

• General Counsel Atomic Safety and Licensing Board Commonwealth of Pennsylvania U.S. Nuclear Regualtory Commission t.

' Office of General Counsel Washington, D.C. 20555 P.O. Box.11775 Harrisburg, Pennsylvania 17108 Glenn 0. Bright

• Atomic Safety and Licensing Board John H. Frye III, Chairman

• U.S. Nuclear Regulatory Comission Atomic Safety and Licensing Board Washington, D.C. 20555 U.S. Nuclear Regulatory'Comission Washington, D.C. 20555 JO P%1Rutherg De u $ssistantGeneki nsel i

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