ML17340A748

Requests Response Re 810128 Ltr Proposing Schedule for Adoption.If Aslb Members' Schedules Preclude 810601 Commencement of Hearings,Membership Change Requested.W/ Certificate of Svc.Related Correspondence

ML17340A748
Person / Time
Site:	Turkey Point
Issue date:	02/13/1981
From:	Coll N STEEL, HECTOR & DAVIS
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-SP, NUDOCS 8102230616
Download: ML17340A748 (8)

Text

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~NORMAN A.(305}57/.286 STEEL HECTOR 6.DAVIS OVTHCAST FIRST NATIONAL SANtC SLIILOINO M I AM II F l 0 R I OA 33 (3 I TCLCX 51 5758 February 13, 1981 PALM 8 CACH 0 F F ICC SOS WORTH AVCNVC PALM SCACHy FLORIOA OS+80 Atomic Safety and Licensing Board U.S.Nuclear Regulatory C'ommission Washington, D.C.20555 Re: Zn the>Matter'f Florida Power-a Light Company (Turkey Point Nuclear Generating

~~~~Units Nos.3 and 4)Docket Nos.50-250, 0-2 (Proposed Amendments to Facility rating Licenses to Permit Steam Generator Re air)

Dear Members of the Board:

With my-letter to you of Janauary 28, 1981, reporting upon a meeting among the parties to this proceeding,*there was submitted for the consideration of the Board a proposed schedule, agreed toamong the parties, with the request that it be adopted promptly as the schedule for these proceedings.

The letter also requested a conference call in the event the Board would be disposed to modify the proposed schedule.To date there has been no response from the Board to the letter of January 28, 1981.Zf the Board has some difficulty in concurring.

in.the parties'roposal and is considering modification of the schedule which was submitted, we would like to call to the BoardIs attention'the need for the adop-tion of a schedule which would permit the hearing to be com-pleted in time for Florida Power&Light Company to begin the repairs in October of 1981.When the Board issued the August 3, 1979"Order Ruling on the Petition of Mark OncavageFR initiating this proceeding, it emphasized FPLIs failure to indicate"when it would be necessary or economical to initiate the repair program.(p.25)and expressed the view'Rthat the effective delay of granting the petition would amount to a few montns at most" (p.26, emphasis in original).

The Board also noted tnat F L had failed to demonstrate that such delay or disruption of its plans would cause it significant injury.(ibid)The Board's suoseguent Order or September 25, 1979 ac<opted a

STEEL H ECTO R 8c DAVI S Atomic Safety, and Licensing Board February 13, 1981 Page Two prehearing schedule and provided for the heaxing to commence January 8, 1980.Since then the situation has changed maxkedly.Zn its Order".Relative to Discovery and Scheduling of November 14, 1979, the Board cancelled.

the hearing-date in order to per-mit'.completion of additional discovexy requests filed by the.intervenor.

On March 4, 1980, the Commission i.ssued its decision detexmining the need'or-the preparation of an Environmental Xmpact Statement fox the Surry steam generator repairs.Qn-March 6, 1980, the NRC Staff informed.the Board and parties that an EZS would also he prepared in this pxo-ceeding, and that"the Staff vill.advise the Board and par-ties'.when a schedule for issuance of.the impact statement has been estah1ished." Qn March.28,.1980, FPL suhmitted Revision 7 of.the Steam Generator Repair Report, (SGRR)to the NRC, which descrihed.

changes and additions to the SGRR with respect to (1)lower assembly removal, (2)dose calcu-lations, ('3)steam generator disposal, and-(4)return to service testing.Thereafter, hy letter dated June 3, 1980, FPL advised the NRC staff as follows:.This letter is to inform you that Florida Power&Light Company has decided to commence the repai.r of the Turkey Point: Uni;t.4 steam gen-erators in October, I:981, beginning in August, 1981..The repair of the Unit 3 steam generators will follow the Unit 4 repairs and.is now sched-uled to commence in October, 1982.Xmplementation.

of the decision to commence the steam generator, repair in October, 1981 is contingent.

upon the timely issuance by the Nuclear Regulatory Commission of an operating license amendment authorizing the.repair.Con-sequently, it is necessary that the proceedings before the Atomic Saxety and Licensing Board relative to the issuance of the amendment he conducted on a schedule which will permit their completion in advance of that date.

4 STEEL HKcToR&DAYIs Atomic Safety and Licensing Boaxd February 13, 1981 Page Three At this time the proceedings are being delayed pending the issuance of an Environmental Impact.Statement, Xt would thexefore be appreci-ated if the Staff would begin to prepare the Envixonmental.

Impact Statement promptly so that the: proceedings can, go~o~azd.Copies of the letter wexe served on the Board and the paxties on June 23, 1980.By letter dated July 2, 1980, the NRC Staff initially indicated to the Board.and the parties that it ex-pected to'ssue the Draft Envixonmental Statement or or about September 1, 1980 and the Final Environmental Statement on or about December 1, 1980.By letters dated September 23, 1980 and November 18, 1980 the NRC Staff informed the Boaxd and the parties that the issuance date for the Draft, Environmental Impact Statement was rescheduled,.

first to October 31, 1980 and then to December 19, 1980.The Draft Environmental Impact Statement was issued December 19, 1980..Based.upon historic power demands upon the FPL system, October is the optimum month in which to i;nitiate the repair of each unit.The FPL system has two peak load pexiods.The longer peak load occuxs during the summer months through September.

A shorter peak load period occurs during the win-ter.Beginning the repairs in October would, make it possible to pexfozm'the repairs during that period when.the peak de-mands upon the FPL system are shortest.Xn addition, beginning the repairs in October, would make it possible to avoid much of the delays and.inconveniences which can, be presented by the huxricane season, which ordinarily occurs from June thxough September.

Since it is pxesently planned to return Turkey Point 4 to sexvice July 25, 1982, each month of delay imposes a gxeater.x'isk of unavailability.

of the plant during the sununer months.A delay extending into a number of months would also force a delay in beginning the repairs on Unit 3 because the xepaixs on one unit cannot begin before those on the other are completed because the reduction of FPL's reserves would be unacceptable and would create the risk of an unacceptable reserve margin in the summer of 1983.

STEEL HECTOR 6 DAVIS Atomic Safety and Licensing Board February 13, 1981 Page Four In FPL's view, in order to allow sufficient.

time for the hearing, submission of proposed findings and issuance of an initial decision, June 1 represents the.latest date on which.a hearing can begin with a reasonable chance of obtaining a decision in time to enable FPL to initiate the repair of Unit 4 in October 1981.In.view of the foregoing, if the Board feels it necessary to modify the schedule because the schedules of one or more of the Board members makes it impossible to,have the hearing begin on or before June 1, 1981, we respectfully request that the matter be referred to the Chairman of the Atomic Safety and Licensing Board Panel to explore the possibility of changes in the membership of the Board which will at least make it possible to adopt the schedule proposed by the par-ties.Very ruly yours, NO A.COLL NAC/jm cc: see attached certificate of service UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSON BEFORE THE ATOMIC SAFETY AND LICENSING BOARD Docket Nos.50-250-SP 50-251-SP IN THE MATTER OF)FLORIDA POWER&LIGHT COMPANY)(Turkey Point Nuclear Generating

)Units Nos.3 and 4-)(Proposed Amendments to Facility Operating License to Permit Steam Generator Repairs)CERTIFICATE OF SERVICE I HEREBY CERTIFY that copies of the foregoing letter of February 13, 1981 was served on the following by deposit in the United States mail, first class, properly stamped and addressed, on the date shown below: Elizabeth S.Bowers, Esp.g Administrative Judge Chairman, Atomic Saf'ety and Licensing Board Panel U.S.Nuclear Regulatory Commission Washington, D.C.20555 Dr.Emmeth A.Luebke, Administrative Judge Atomic Safety and.Licensing Board Panel U.S.Nuclear Regulatory Commission Washington, D.C.20555 Dr.Oscar, H.Paris, Administrative Judge Atomic Safety and Licensing Board Panel U..S.Nuclear Regulatory Commission Washington, D.C'0555 Mr.Mark P.Oncavage 12200 S.W.110th Avenue Miami, Flor ida 33176 Harold F.Re is, Esp.Steven P.Frantz, Esp.Lowenstein, Newman, Reis s Axel ad 1025 Connecticut Avenue, N.W.Washington, D.C.20036 Steven C.Goldberg, Esq.Office of the Executive Legal Director U.S.Nuclear Regulatory Commission Washington, D.C.20555 Atomic Safety and Licensing Board Panel U;S.Nuclear Regulatory Commission Washington, D.C.20555 Docketing and Service Section Office of the Secretary U.S.Nuclear Regulatory Commission Washington, D.C.20555 Burt-Saunders, Esq.Assistant Dade County Attorney 1626 Dade County Courthouse Miami, Florida 33130 Neil Chonin, Esq.1400 Amerifirst Building One Southeast Third Avenue Miami, Florida 33131 Henry H.Harnage, Esq.Peninsula Federal Building 10th Floor 200 S.E.First Street Miami, Florida 33131 STEEL HECTOR 6 DAVIS Co-counsel for Licensee 1400 Southeast First Nationa Bank Building Miami,-Fl rida 33131 Telephon (305)577-2 63 By No m n A.Coll February 13, 1981