ML20249B609

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PNO-76-096:on 760609,Director of Region III Was Served W/Subpoena to Provide Testimony at Ongoing Hearing Before Illinois Commerce Commission Re Commonwealth Edison Co Statement Pollution Abatement Activities
ML20249B609
Person / Time
Issue date: 06/09/1976
From: Roy G, Thompson D, Warnick R
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
To:
References
PNO-76-096, PNO-76-96, NUDOCS 9806230372
Download: ML20249B609 (2)


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aune 9, 1976 PRELIMINARY NOTIFICATION OF EVENT OR UNUSUAL OCCURRENCE--PNO-76-96 This preliminary notification constitutes EARLY notice of an event of POSSIBLE safety or public interest significance.

The information presented is as initially received without verification or evaluation and is basically all_that is known by IE staff on this date.

Licensee:

Commonwealth Edison Company

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Subject:

SUBPOENA ISSUED TO NRC TO PROVIDE TESTIMONY AT A HEARING BEFORE ILLINOIS COMMERCE COMMISSION The Director of the NRC's Region III (Chicago) Office was served with a subpoena on June 9,1976, to provide testimony at an ongoing Hearing before the Illinois Commerce Commission relating to Commonwealth Edison Company's pollution abatement activities.

Pertinent background information concerning this matter is as follows:

I 1.

Rate increases since 1970 have required Commonwealth Edison to take all " technically and economically feasible steps" to abate pollution, including radioa,ctive effluents.

2.

The Hearing, with Citizens for a Better Environment (Chicago based environmental group) and the Illinois Attorney General as petitioners, is reviewing Commonwealth Edison's pollution abatement activities under the rate orders.

These rate orders -

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covering about $750 million in rate increases since 1970 ---

have a 50 percent penalty clause for failure to meet the anti-pollution requirements.

j 3.

David Stahr, a staff researcher for CBE, met with the Region III Director on February 3,1976, to verbally request NRC testimony j

at the ICC Hearing on Commonwealth Edison's performance at their operating nuclear plants with emphasis on their radioactive

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waste handling and inadvertent releases of radioactivity. This i

request was subsequently put in writing to Chairman Anders, 4.

By letter dated February 25, 1976, the NRC General Counsel, Mr. Strauss, informed CBE that their request was being denied, that the information sought was already available in the public record and the NRC would gladly make all public records available to CBE at the Region III Office. He added that NRC might reconsider its position if requested to participate in the Hearing by ICC. CBE representatives subsequently visited the Region III Office on several occasions to review various l

records.

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CONTINUE Page 1 of 2 1

I 9806230372 7 0609 18"E PDR PDR 2

PNO-76-096

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(l,en tinue June 9, 1976 PNO-76-96 pubpoena, which orifers the Region III Director to provide testimo y yhp 23, 1976, on fune n

reqtmats NRC provide all records and documents gessrtnining to Commonwealth Edison's handling of radioactive waste at (lusir nucicar facil'itten, Commonwealth Edison's conformance to the ylnal Safety Analysia lloport procedures for the period 1970 to date jn t he area of handlinn of radioactive waT!'e, training and re-training 7

girograms, record-keepton, and corrective actions, an in-depth review of Commonwealth. Edison'a radioactive releases into the environment, rolpaved and a description of the accident. including listings of t requents the NRC to prov(de health records of non-CommonwealthIn additon the su mitoon nuclear facilit ten that are of similar construction to connonwealth Edison's nucicar facilities.

Actton to be 'taken by NRC is currently under review by ELD.

Thp NRC Region III Director was served with the subpoena by a representative of CBE at 10:00 a.m. on June 9, 1976.

gotact: RFWarnick, IE x27261 GWRoy, IE x27261 DThompson, IE x27541 Dist r thution:

Cliattman Rowden Coastasioner Gilinsky Commissioner Mason S. J. Chilk, SECY Comatssioner Kennedy C. C. Kammerer, CA G. F. Murphy, JCAE L. V. Cossick, EDO B. C. Rusche, NRR E. Volgenau, OIE J. A. Har*is, PA K. R. Chapman, NMSS J. La Fleur, ISP T. J. McTiernan, AIA R. K. Shapar, ELD Transmitted:

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D IMINARY NOTIFICATION Page 2,.of 2 l

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