View source for CLI-82-20, Order CLI-82-20 Directing ASLB to Issue Order Dismissing Eight New Contentions Admitted by ASLB 820715 Order,Sua Sponte.Issues Raised in Contentions Being Dealt W/By NRC Investigation & Monitoring of QA Program

{{Adams
| number = ML20058G300
| issue date = 07/30/1982
| title = Order CLI-82-20 Directing ASLB to Issue Order Dismissing Eight New Contentions Admitted by ASLB 820715 Order,Sua Sponte.Issues Raised in Contentions Being Dealt W/By NRC Investigation & Monitoring of QA Program
| author name = Hoyle J
| author affiliation = NRC OFFICE OF THE SECRETARY (SECY)
| addressee name = 
| addressee affiliation = NRC ATOMIC SAFETY &amp; LICENSING BOARD PANEL (ASLBP)
| docket = 05000358
| license number = 
| contact person = 
| document report number = CLI-82-20, NUDOCS 8208030268
| document type = LEGAL TRANSCRIPTS &amp; ORDERS &amp; PLEADINGS, ORDERS
| page count = 3
}}

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O UNITED STATES OF AMERICA         Tyke NUCLEAR REGULATORY COMMISSION ,,,
        . COMMISSIONERS:                                         U JL 30 P4S2 Nunzio J. Palladino, Chairman Victor Gilinsky                                 $fF 0   gBRAN
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John F. Ahearne Thomas M. Roberts James K. Asselstine SEWED JUL 301982 In the Matter of                       l
                                                    )
CINCINNATI GAS AND ELECTRIC            )
COMPANY, et al.                        )   Docket No. 50-358 (Wm. H. Zimer Nuclear Power Station, Unit No. 1)
                                                    )
ORDER (CLI-82-20 )
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On July 15, 1982 the Atomic Safety and Licen, sing Board presiding in this proceeding issued a Memorandum and Order in which it exercised its sua sponte authority under 10 CFR 5 2.760a to admit as Board issues eight.new contentions. These contentions generally relate to the status of quality assurance pertaining to the construction of the Zimer Station and the corporate character and competence of the lead applicant to operate a nuclear generating station. The Board, noting that the NRC staff supported a hearing on the eight contentions, found that "the proposed contentions raise issues which are indeed serious" (Board's Memorandum and Order at p. 7).
The Comission agrees with the Board that issues out;ined in the contentions are indeed serious. The Comission has already indicated that it assigns great importance to the investigation of quality assurance conditions at the Zimer plant. On June 7, 1982, the 8208030268 820730                                .
PDR ADOCK 05000358 G                   PDR I).soa

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Commission was briefed by the Administrator of Region III, Mr. Keppler, on the status of the investigation.      On June 16, the Commission held a    .
public meeting with representatives of the lead applicant to allow them to brief the Commission on ongoing quality assurance matters related to the Zimmer project. The Commission also heard from representatives of the Government Accountability Project, which has been involved as counsel for some who maintain a concern about the status of the Zimmer project. The Commission has directed the NRC staff that it wishes to be kept fully informed in order that it can provide guidance and direction when needed.
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The NRC has been investigating alleged quality assurance irregularities at Zimmer since January 1981. The investigations are still ongoing. The investigations have identified a number of quality assurance-related problems at the Zimmer site. An extensive review of the as-built plant is currently being performed. Before the plant can f           be licensed, a comprehensive quality confirmation program will have to f           be conducted and identified problem areas resolved. By itself, without factoring in any rework, the quality confirmation program will be both costly and time-consuming. The effect of this on the construction schedule of the plant remains to be determined.
The basis for the eight contentions which the Board has accepted as l
Board issues is simply a repetition of some of the problems revealed in the reports of the investigations which have already been released to the public. The Miami Valley Power Project (MVPP), an Intervenor, which filed an untimely request with the Board that these issues be l

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considered, suggested that it had new information on these matters.
MVPP did not in its motion to the Board or elsewhere sufficiently identify any new infonnation, its source, or say when it became available. The NRC staff supported the motion to reopen. However, the staff recognized and the Board ruled that the legal standards for further hearings were not met.
As we have indicated above, the issues raised in the eight contentions are being dealt with in the course of the ongoing investigation and in the NRC staff's monitoring of the applicants' Quality Confirmation Program.
For these reasons, the Comission concludes that the Board has not set forth a sufficient justification supporting its order reopening the hearing record to consider the eight contentions' as Board issues.
Accordingly, the Board is directed to issue an appropriate order dismissing the eight contentions from the proceeding.          Comissioners Gilinsky and Asselstine dissent from this decision. The separate views of individual Comissioners will follow.
It is so ORDERED.*
                                    ^ " .        For the Comission A
g@4 g                  j a6                  8                             4-e O *"                           (JohniC.' Hoyle Acting Secretary of the,Comission hkk#
* Comissioner Gilinsky was not present when this Order was affinned, but had previously indicated his disapproval. Had Comissioner Gilinsky been present he would have affirmed his prior vote.
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