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| Decade's request for a hearing should be denied. The request for a hearing is defective. Decade has not set forth with par-ticularity the interest of the pet *tioner in the proceeding, how that interest may be affected by the results of the proceeding, including the reasons why petitioner should be permitted to inter-Vene. Moreover, the Petition fails to set out with any particu-larity the specific facts in Sections II and III of the Order that i696 217 | | Decade's request for a hearing should be denied. The request for a hearing is defective. Decade has not set forth with par-ticularity the interest of the pet *tioner in the proceeding, how that interest may be affected by the results of the proceeding, including the reasons why petitioner should be permitted to inter-Vene. Moreover, the Petition fails to set out with any particu-larity the specific facts in Sections II and III of the Order that i696 217 |
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| Decade contends are incorrect and as to which Decade wishes to intervene. See 10 C.F.R. 5 2. 714 (a) (1) and (2). | | Decade contends are incorrect and as to which Decade wishes to intervene. See 10 C.F.R. 5 2. 714 (a) (1) and (2). |
| Nor does Decade's " Memorandum in Support of Request by Wisconsin's Environmental Decade, Inc. for Hearing on Confirma-tory Order" (" Memorandum") adequately support Decade's request for a hearing. Rather it once again argues for suspension of Point Beach Unit l's operating license and for an adjudicatory hearing on the generic steam generator tube degradation problem. As will be discussed in the analysis below, Decade's Memorandum, except with respect to the allegations concerning Mr. Case, offers no informa-tion which was no+. previously before the NRC when Decade's 52.206 Petition was denied. | | Nor does Decade's " Memorandum in Support of Request by Wisconsin's Environmental Decade, Inc. for Hearing on Confirma-tory Order" (" Memorandum") adequately support Decade's request for a hearing. Rather it once again argues for suspension of Point Beach Unit l's operating license and for an adjudicatory hearing on the generic steam generator tube degradation problem. As will be discussed in the analysis below, Decade's Memorandum, except with respect to the allegations concerning Mr. Case, offers no informa-tion which was no+. previously before the NRC when Decade's 52.206 Petition was denied. |
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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARNPL-97-0357, Comment Opposing Proposed NRC Bulletin 96-001,suppl 1, CR Insertion Problems1997-06-19019 June 1997 Comment Opposing Proposed NRC Bulletin 96-001,suppl 1, CR Insertion Problems DD-97-15, Director'S Decision DD-97-15 Re Petitioners Request That NRC Prohibit Loading of VSC-24 Until Coc,Sar & SER Amended Following Independent third-party Review of VSC-24 Design. No Adequate Basis Exists for Granting Petitioners Request1997-06-18018 June 1997 Director'S Decision DD-97-15 Re Petitioners Request That NRC Prohibit Loading of VSC-24 Until Coc,Sar & SER Amended Following Independent third-party Review of VSC-24 Design. No Adequate Basis Exists for Granting Petitioners Request ML20141B0451997-06-0909 June 1997 Requests Extension of Comment Period for NRC Bulletin 96-001,suppl 1 Re Control Rod Insertion Problems ML20198R1511997-03-0505 March 1997 Transcript of 970305 OI Interview of Aj Cayia in Two Rivers, Wi Re NRC Investigation Case 3-97-008.Pp 1-70 ML20198R1361997-03-0404 March 1997 Transcript of 970304 OI Interview of DF Johnson in Two Rivers,Wi Re NRC Investigation Case 3-97-008.Pp 1-37 ML20198R0931997-03-0404 March 1997 Transcript of 970304 OI Interview of Rj Harvey in Two Rivers,Wi Re NRC Investigation Case 3-97-008.Pp 1-28. Supporting Documentation Encl ML20198R1111997-03-0404 March 1997 Transcript of 970304 OI Interview of E Ziller in Two Rivers, Wi Re NRC Investigation Case 3-97-008.Pp 1-33.Supporting Documentation Encl ML20198R1281997-03-0404 March 1997 Transcript of 970304 OI Interview of T Malanowski in Two Rivers,Wi Re NRC Investigation Case 3-97-008.Pp 1-28 ML20134B7371997-01-27027 January 1997 Exemption from Requirements of 10CFR50.60 to Determine That Setpoint for LTOP Events Will Not Present Undue Risk to Public & Safety.Exemption Granted NPL-95-0321, Comment on Proposed 10CFR50.54(p) Re Process for Changes to Security Plans W/O Prior NRC Approval.Supports Proposed Clarification of Language in 10CFR50.54(p)1995-07-11011 July 1995 Comment on Proposed 10CFR50.54(p) Re Process for Changes to Security Plans W/O Prior NRC Approval.Supports Proposed Clarification of Language in 10CFR50.54(p) ML20085E6541995-06-13013 June 1995 Comment Re Draft NUREG/BR-0199, Responsiveness to Public. Expresses Concern on Dry Cask Storage W/Exemption Given to VSC-24 Cask & Procedures for Unloading & Transport at Plant ML20078F4831994-12-20020 December 1994 Comment on Proposed Rule 10CFR50 Re Shutdown & low-power Operations for Np Reactors.Informs That Util of Belief That NRC Already Has Appropriate Regulatory Authority Over Shutdown & low-power Operations,As Provided in Maint Rule ML20077E8361994-12-0101 December 1994 Comment Opposing Proposed Rule 10CFR50 Re Shutdown & Low- Power Operations for Nuclear Power Reactors ML20059E9331993-10-27027 October 1993 Comment Supporting Proposed Rule 10CFR171 Re Restoration of Generic Exemption from Annual Fees for Nonprofit Educational Institutions ML20045D7331993-06-13013 June 1993 Comment on Proposed Rule 10CFR26 Re Mods to fitness-for-duty Program Requirements.Recommends That NRC re-evaluate Proposed Testing Frequency Due to Random Testing Rate of 50% Sufficient to Provide Continued Detection Effectiveness ML20127D7191992-09-0606 September 1992 Comment on Proposed Rule 10CFR72 Re Approval of Two Addl Dry Cask Storage Designs.Opposes Rule ML20127D6371992-09-0303 September 1992 Comment on Proposed Rule 10CFR72 Re Approval of Two Addl Dry Cask Storage Designs.Opposes Rule & Urges NRC to Extend Comment Period in Order for Concerned Citizens to Prepare Thorough List of Objections ML20114D2591992-08-24024 August 1992 Comment Opposing Proposed Rule 10CFR72 Re Proposal to Store Spent Nuclear Fuel in VSC-24 Storage Casks at Plant in State of Wi ML20073N1141991-05-10010 May 1991 Comment Supporting Proposed Rules 10CFR71,170 & 171, Rev of Fee Schedules;100% Fee Recovery ML20058D4831990-10-15015 October 1990 Comment Supporting Proposed Rules 10CFR2,50 & 54 Re Nuclear Power Plant License Renewal ML20235S8381989-02-22022 February 1989 Comment Opposing Proposed Rules 10CFR50 & 55 Re Degree Requirement for Senior Reactor Operator (Sro).Unless Grandfathered in Next 4-5 Yrs Author to Be Locked Out of Job & Does Not Intend Spending 20 Plus Yrs as Reactor Operator ML20235N8341989-02-17017 February 1989 Comment Opposing Proposed Rule 10CFR50 Re Effectiveness of Maint Programs for Nuclear Power Plants ML20148K5591988-03-18018 March 1988 Comment Supporting Proposed Rule 10CFR50,App J Re Mass Point Method of Data Analysis.Recommends Test Duration Criteria in ANSI/ANS-56.8-1987,Section 5.4 Be Accepted in Revised Regulations ML20236Q7991987-11-0909 November 1987 Comments on Proposed Rev 2 to Reg Guide 1.100 Re Seismic Qualification of Electrical & Mechanical Equipment for Nuclear Power Plants ML20235V8231987-10-13013 October 1987 Order Imposing Civil Monetary Penalty in Amount of $50,000 Based on Violations Noted During Special Physical Security Insp on 860718-0807 ML20136E0511985-11-20020 November 1985 Memorandum & Order Granting Licensee 850826 Request for Extension of Deadline for Environ Qualification of Electrical Equipment to 860525 for Unit 1 & 851231 for Unit 2.Served on 851120 ML20137C8601985-11-19019 November 1985 Transcript of Commission 851119 Affirmation/Discussion & Vote in Washington,Dc Re SECY-330(a) on Point Beach & SECY-225(a) on Sequoyah.Pp 1-5 ML20138M8711985-10-25025 October 1985 Transcript of 851025 Meeting in Washington,Dc Re Util Requests for Exemption from Environ Qualification.Pp 1-76 ML20078L1661983-10-17017 October 1983 Response Opposing Wisconsin Environ Decade 830923 Petition for Review of ALAB-739 Re Steam Generator Tubes Repaired by Sleeving.Nexus Between Sleeving & Tube Failure Shown. Certificate of Svc Encl ML20078C8801983-09-23023 September 1983 Petition for Review of Aslab 830907 Decision on Sleeving Degraded Steam Generator Tubes.Aslab Erroneously Denied Nexus Shown Between Sleeving & Tube Failure.Certificate of Svc Encl ML20076E1581983-08-22022 August 1983 Response Opposing Wisconsin Environ Decade 830811 Request to Respond to Hf Conrad Affidavit.Aslab Affirmed Dismissal of Decade Petition to Intervene.Decade Thus Lacks Party Standing.Certificate of Svc Encl.Related Correspondence ML20204G3481983-04-29029 April 1983 Brief Opposing Wisconsin Environ Decade Exceptions to ASLB 830204 Initial Decision Authorizing full-scale Sleeving. Exceptions Waived for Failure to Brief or Arguments W/O Merits ML20069K5951983-04-22022 April 1983 Answer Opposing Wisconsin Environ Decade 820407 Petition for Review of ALAB-719 Which Affirmed ASLB 821210 Special Prehearing Conference Order Dismissing Petition to Intervene.Matter Raised Not Reviewable.W/Certificate of Svc ML20073D6991983-04-11011 April 1983 Request for Extension Until 830427 to File Opposition to Wisconsin Environ Decade Brief on Exceptions.Counsel Has Numerous Obligations Before ASLB & Aslab.Certificate of Svc Encl ML20073B9701983-04-0707 April 1983 Petition for Review of Aslab 830322 Decision Denying Wisconsin Environ Decade 821220 Appeal of ASLB 821210 Prehearing Conference Order.Hearing on Steam Generator Tube Degradation Issue Should Be Held.Certificate of Svc Encl ML20069F6491983-03-16016 March 1983 Brief Supporting Wi Environ Decade 830211 Exceptions to ASLB Initial Decision.Aslb Refused to Make Prerequisite Findings on Degree of Assurance Necessary to Protect Public Safety. Affidavit of Mailing Encl ML20071A1311983-02-14014 February 1983 Exceptions to ASLB 830204 Initial Decision.Affidavit of Mailing Encl ML20064H4191983-01-10010 January 1983 Replacement P 2 of 821220 Proposed Findings of Fact & Conclusions of Law in Form of Proposed Initial Decision. Svc List Encl ML20070M0571983-01-0707 January 1983 Comments on Wi Environ Decade Statement of Inadequate Record.Statement Is Inconsistent W/Commission Regulations, Erroneous in Statement of Law,Untimely,Devoid of New Factual Info & Should Not Be Considered.Certificate of Svc Encl ML20028C3031983-01-0404 January 1983 Brief Opposing Wi Environ Decade 821220 Appeal of ASLB 821210 Special Prehearing Conference Order Denying Decade 820810 Petition to Intervene.Decade Willfully Failed to Attend Special Prehearing Conference.W/Certificate of Svc ML20028C3091983-01-0404 January 1983 Proposed Evidentiary Hearings Transcript Changes.Certificate of Svc Encl ML20070M0141982-12-30030 December 1982 Statement of Inadequate Record.Eddy Current Testing Not Proved Adequate for Sleeving Steam Generator Tubes.Record Must Be Reopened.Certificate of Svc Encl ML20070J0141982-12-20020 December 1982 Notice of Appeal from 821210 Special Prehearing Conference Order Dismissing Decade 820810 & 1105 Petitions to Intervene.Affidavit of Mailing Encl ML20070J0341982-12-20020 December 1982 Brief Supporting Appeal from 821210 Special Prehearing Conference Order Denying 820810 Petition to Intervene & Request for Extension of Time to Complete Brief.Dismissal of Petition on Stated Grounds Contrary to Law ML20070H4011982-12-20020 December 1982 Proposed Findings of Fact & Conclusions of Law in Form of Proposed Initial Decision Re Repair of Corroded Steam Generator Tubes by Inserting Sleeves.Certificate of Svc Encl ML20027E3171982-11-0505 November 1982 Contentions Re Steam Generator Replacement,Supplementing 820810 Petition to Intervene ML20027D4691982-11-0202 November 1982 Testimony of Wd Fletcher Re Adequacy of Eddy Current Testing.Certificate of Svc Encl.Related Correspondence ML20069J3451982-10-20020 October 1982 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20065G3861982-09-28028 September 1982 Amend to Wi Environ Decade 820810 Petition to Intervene Including Affidavits Requesting Wi Environ Decade to Intervene on Affiant Behalf.Certificate of Svc Encl ML20063J4521982-08-31031 August 1982 Reply Brief Supporting Wi Environ Decade 820721 Motion Concerning Litigable Issues & in Response to Licensee 820809 & 24 & NRC 820812 Responses.Contentions Timely & Relevant. Certificate of Svc Encl 1997-06-09
[Table view] Category:PLEADINGS
MONTHYEARML20078L1661983-10-17017 October 1983 Response Opposing Wisconsin Environ Decade 830923 Petition for Review of ALAB-739 Re Steam Generator Tubes Repaired by Sleeving.Nexus Between Sleeving & Tube Failure Shown. Certificate of Svc Encl ML20078C8801983-09-23023 September 1983 Petition for Review of Aslab 830907 Decision on Sleeving Degraded Steam Generator Tubes.Aslab Erroneously Denied Nexus Shown Between Sleeving & Tube Failure.Certificate of Svc Encl ML20076E1581983-08-22022 August 1983 Response Opposing Wisconsin Environ Decade 830811 Request to Respond to Hf Conrad Affidavit.Aslab Affirmed Dismissal of Decade Petition to Intervene.Decade Thus Lacks Party Standing.Certificate of Svc Encl.Related Correspondence ML20069K5951983-04-22022 April 1983 Answer Opposing Wisconsin Environ Decade 820407 Petition for Review of ALAB-719 Which Affirmed ASLB 821210 Special Prehearing Conference Order Dismissing Petition to Intervene.Matter Raised Not Reviewable.W/Certificate of Svc ML20073D6991983-04-11011 April 1983 Request for Extension Until 830427 to File Opposition to Wisconsin Environ Decade Brief on Exceptions.Counsel Has Numerous Obligations Before ASLB & Aslab.Certificate of Svc Encl ML20073B9701983-04-0707 April 1983 Petition for Review of Aslab 830322 Decision Denying Wisconsin Environ Decade 821220 Appeal of ASLB 821210 Prehearing Conference Order.Hearing on Steam Generator Tube Degradation Issue Should Be Held.Certificate of Svc Encl ML20069F6491983-03-16016 March 1983 Brief Supporting Wi Environ Decade 830211 Exceptions to ASLB Initial Decision.Aslb Refused to Make Prerequisite Findings on Degree of Assurance Necessary to Protect Public Safety. Affidavit of Mailing Encl ML20071A1311983-02-14014 February 1983 Exceptions to ASLB 830204 Initial Decision.Affidavit of Mailing Encl ML20070J0341982-12-20020 December 1982 Brief Supporting Appeal from 821210 Special Prehearing Conference Order Denying 820810 Petition to Intervene & Request for Extension of Time to Complete Brief.Dismissal of Petition on Stated Grounds Contrary to Law ML20063J4521982-08-31031 August 1982 Reply Brief Supporting Wi Environ Decade 820721 Motion Concerning Litigable Issues & in Response to Licensee 820809 & 24 & NRC 820812 Responses.Contentions Timely & Relevant. Certificate of Svc Encl ML20063D1301982-08-24024 August 1982 Response to Wi Environ Decade 820721 Amend to Motion Re Litigable Issues.Proposed Contention 3(f) Fails to Satisfy Requirements for Establishing Litigable Issues.Motion Should Be Rejected.Certificate of Svc Encl ML20063D0131982-08-20020 August 1982 Amend to Motion Re Third Litigable Issue on Increased Probability of Tube Failures Due to Sleeving,Per ASLB Direction During 820601 Conference.Change Adds Contention F on Sleeves in Corroded Tubes.W/Certificate of Svc ML20063C6411982-08-0909 August 1982 Response to Wi Environ Decade 820720-21 Motion Concerning Litigable Issues.Decade Estopped from Raising Number of Proposed Contentions.Decade Fails to Justify Untimeliness. Some Proposed Issues Irrelevant ML20058C0221982-07-22022 July 1982 Motion for Leave to Conduct Discovery of Wi Environ Decade Re Decade Contacts W/Sleeving Demonstration Program Workers. Discovery Requests Based on New Info.Interrogatories & Certificate of Svc Encl ML20054L6391982-06-30030 June 1982 Request for Clarification of Paragraph 7 of ASLB 820526 Memo & Order.Paragraph Can Be Interpreted as Suspending FOIA Applicability to Enumerated Westinghouse Proprietary Info. W/Certificate of Svc.Related Correspondence ML20052F3221982-05-0707 May 1982 Addendum to Wi Environ Decade 820503 Motion for Reconsideration of Part II of ASLB 820422 Memorandum & Order Re Motion to compel.NUREG-0909 Re Ginna 820125 Tube Rupture Adds & Strengthens Motion.Certificate of Svc Encl ML20052D8301982-05-0303 May 1982 Motion for Reconsideration of ASLB 820422 Memorandum & Order Part II Denying Decade Motion to Compel Response to Embrittlement Interrogatories.Certificate of Svc Encl ML20052F3701982-05-0202 May 1982 Reply Brief on Confidentiality Issue in Response to Westinghouse,Wi Electric Power Co & NRC Briefs & Opposing Trade Secret Protection for Sleeving Safety Tests. Certificate of Svc Encl ML20052C7341982-04-30030 April 1982 Reply Brief Opposing Wi Environ Decade Oral Motion for Public Disclosure of Certain Proprietary Info.Motion Is Impermissible Challenge to Commission Regulations. Certificate of Svc Encl ML20052A3601982-04-21021 April 1982 Brief of Westinghouse,Appearing Specially,Re 10CFR2.790 Balancing Test.Aslb Should Affirm NRC Determination & Continue to Accord Westinghouse Proprietary Info Protection Against Public Disclosure.Certificate of Svc Encl ML20054E0501982-04-21021 April 1982 Brief Opposing Wi Environ Decade Oral Motion for Public Disclosure of Proprietary Info.No Special Circumstances Exist to Overrule.Commission Compelling Public Policy Reason for Withholding Proprietary Info.Certificate of Svc Encl ML20052A3821982-04-20020 April 1982 Brief Re Confidentiality Issue.Opposes Trade Secret Protection for Safety Tests, & Receipt of Evidence Into Record of Info Withheld from Opposing Parties.Certificate of Svc Encl ML20054D9811982-04-16016 April 1982 Reply to Licensee 820412 Response to Wi Environ Decade 820328 Motion to Compel Licensee Answer to First Set of Interrogatories.Aslb Jurisdiction Should Be Expanded. W/Certificate of Svc.Related Correspondence ML20050V0221982-04-12012 April 1982 Response Opposing Wi Environ Decade 820328 Request to Undertake Discovery of NRC on Recent Events at Ginna & TMI Re Steam Generator Tube Degradation.Proposed Discovery Beyond Scope of Hearing.Certificate of Svc Encl ML20050V1421982-04-12012 April 1982 Response Opposing Wi Environ Decade 820328 Motion to Compel Answers to First Set of Interrogatories Re full-scale Sleeving.Interrogatories Irrelevant ML20050A8321982-03-28028 March 1982 Motion to Compel Answer to First Set of Interrogatories Directed to Licensee Re full-scale Sleeving.Related Correspondence ML20049K0501982-03-24024 March 1982 Answer Supporting Westinghouse 820309 Motion for Reconsideration of ASLB 820226 Memorandum & Order. Decision on Withholding Proprietary Info Substantive & Sua Sponte Rule Applicable.W/Certificate of Svc ML20041F7691982-03-11011 March 1982 Response to Wi Environ Decade 820227 Objection to Admission of Testimony on Confidentiality Issue.Decade Objection to Deletion of Info Re Amount of Money Expended to Develop Sleeving Program Unwarranted.Certificate of Svc Encl ML20041F0831982-03-10010 March 1982 Answer Opposing Wi Environ Decade 820224 Motion to Reconsider ASLB 820219 Memorandum & Order,Part Iv.No Objection to Alternative Motion That Order Be Clarified. Certificate of Svc Encl ML20041G1661982-03-0909 March 1982 Motion for Consideration of Portion of ASLB 820226 Memorandum & Order in Which ASLB Refused to Forward Determination Re Sua Sponte to Question to Ofc of General Counsel & Commission.Certificate of Svc Encl ML20041E2661982-02-27027 February 1982 Objection to Admisssibility of RA Wiesmann & Tg Colburn Testing on Confidentiality Issue.Intervenor Copy of Wiesmann Testimony Does Not Include Alleged Investment Cost Re Sleeving.W/Certificate of Svc.Related Correspondence ML20041C6741982-02-24024 February 1982 Motion for Reconsideration of Part IV of ASLB 820219 Memorandum & Order.Prior Policy That Contentions Need to Be Completely Enumerated Until Filing of Motion Concerning Litigable Issues Should Be Reinstated.W/Certificate of Svc ML20041C3311982-02-23023 February 1982 Motion to Certify ASLB Determination in 820202 Order.Page 9, Re Sua Sponte Question,To Commission.Alternatively Requests ASLB Forward Order to Ofc of General Counsel & Commission for Commission Determination.Certificate of Svc Encl ML20041A4511982-02-16016 February 1982 Response Opposing Wi Environ Decade 820202 Motion to Dismiss Portion of Licensee Application Requesting Authorization to Repair Steam Generators by Sleeving.Repair No Contemplated But May Be Required.W/Certificate of Svc ML20041A4471982-02-16016 February 1982 Response Opposing Wi Environ Decade 820101 Motion for Continuance.Established Schedule Will Not Lead to Decision to Advance Contemplated Sleeving Program.Problems at Ginna & TMI Are Irrelevant ML20040F3031982-02-0202 February 1982 Motion to Dismiss Portion of Licensee Application for Ola to Sleeve Instead of Plug Defective Steam Generator Tubes in Unit 1.Possibility of Sleeving Unit 1 No Longer Contemplated.Certificate of Svc Encl ML20040E9901982-02-0202 February 1982 Motion to Compel Wi Environ Decade Further Responses to Licensee Interrogatories.Intervenor 820118 Ltr Does Not Respond to 25 of 32 Interrogatories That Were Subj at 811209 Motion for Intervenor Dismissal.Certificate of Svc Encl ML20040E9861982-02-0101 February 1982 Motion for Continuance in Scheduling Final Deadlines for Discovery,Determinations on Litigative Issues & Hearings Until Fall 1982.Sleeving to Be Delayed Until Spring 1983. Events at Ginna May Become Relevant.W/Certificate of Svc ML20039E1821981-12-31031 December 1981 Motion for Leave to Commence Limited Discovery,If Necessary, to Schedule Evidentiary Hearing.Limited Discovery Will Simplify Consideration of Matters.Regulations Neither Prohibit or Allow Discovery by Person Not Party ML20039E1731981-12-31031 December 1981 Motion for Reconsideration of Portions of ASLB 811221 Memorandum & Order.Listed Topics Considered in Order W/O Full Discussion of Matters Involved.Same Result Would Not Have Been Reached If Issues Fully Understood ML20039E1611981-12-31031 December 1981 Brief Supporting Westinghouse Proposed Protective Agreement.Great Harm Will Come to Westinghouse Competitive Position If Confidential Commercial Insight Info Revealed to Competitors ML20039D8691981-12-28028 December 1981 Brief Opposing Wi Environ Decade 811119 Exceptions to ASLB 811105 Memorandum & Order.Appeal Is Interlocutory & Proscribed by Commission Rules.Discretionary Interlocutory Review Not Requested.Certificate of Suc Encl ML20039B5451981-12-17017 December 1981 Reply Brief on Issue of ASLB Jurisdiction to Decline to Afford Proprietary Info Protection from Public Disclosure. ASLB Should Refrain from Making Determination as to Proprietary Nature of Info.Certificate of Svc Encl ML20062M1011981-12-11011 December 1981 Amend to 811209 Motion for Order Dismissing Wi Environ Decade as Party to Proceeding.Decade 811208 Responses to Licensee 811120 Second Set of Interrogatories Evidence Deliberate Refusal to Meet Obligations.W/Certificate of Svc ML20062M0111981-12-11011 December 1981 Reply Brief to NRC 811207 Brief on ASLB Jurisdiction to Make Determinations Re Withholding Info from Public Disclosure. ASLB Has Jurisdiction But Can Only Exercise Authority Where Issue Is in Controversy.W/Certificate of Svc ML20062L9611981-12-0909 December 1981 Motion for Dismissal of Wi Environ Decade as Party in Proceeding.Intervenor Has Failed to Specify Adequate Bases for Contentions.Response to Interrogatories Devoid of Substance.Certificate of Svc Encl ML20062M2661981-12-0707 December 1981 Reply Opposing Westinghouse 811124 Brief to Bar Access to Allegedly Proprietary Data.Westinghouse Affidavit,Supporting Trade Secret Protection for Controversial Documents,Violates Due Process Clause.W/Certificate of Svc ML20062L9581981-12-0707 December 1981 Brief on Issue of ASLB Jurisdiction to Decline to Afford Proprietary Info Protection from Public Disclosure.Aslb Should Recognize Validity of NRC Determination Re Info Proprietary Status.Certificate of Svc Encl ML20038A9841981-11-12012 November 1981 Response Opposing Wi Environ Decade 811030 Oral Motion for Disclosure of Proprietary Info.Disclosure Would Be Inconsistent W/Commission Regulations,Applicable Law & Sound Public Policy.Certificate of Svc Encl ML20005C1581981-11-12012 November 1981 Answer Opposing Wi Environ Decade Motion for Public Disclosure of Proprietary Info.Aslb Oral Order Allowing Interim Proprietary Protection for Info Should Be Continued in Effect 1983-09-23
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- December 27, 1979
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5 D h(, ) UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 4 OFFICE OF NUCLEAR REACTOR REGULATION ca D In the Matter of )
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WISCONSIN ELECTRIC POWER COMPANY ) Docket No. 50-266
)
(Point Beach Nuclear Plant, ) (Modification of Unit 1) ) License)
LICENSEZ'S RESPONSE TO REQUEST BY WISCONSIN'S LNVIRONMENTAL DECADE, INC.
FOR HEARING ON CONFIRMATORY ORDER By " Confirmatory Order for Modification of License" dated November 30, 1979 (" Order") (44 Fed. Reg. 70608 (December 7, 1979)), the Director, Nuclear Reactor Regulation ("NRR"), estab-lished additional operating conditions for Point Beach Nuclear Plant, Unit 1 to ensure safe operation in light of an identified problem with steam generator tube degradation. The Order pro-vided that any person whose interest may be affected by the Order may request a hearing with respect to the Order, but that "any request for a hearing shall not stay the effectiveness of [the]
Order." The Order also provided that the issues to be considered at the hearing were limited to (i) whether the facts stated in Section II and III of the Order are correct and (ii) whether the Order should be sustained. By request dated December 17, 1979, Wisconsin's Environmental Decade, Inc. (" Decade"), asks for a hearing and argues, notwithstanding the specific language in the Order to the contrary, for a stay of the effectiveness of the Order. 1696 216 8001070 h 2 3
On the same day of the Confirmatory Order, the Director also denied Decade's earlier petition filed on November li, 1979, pur-suant to 10 C.F.R. 52.206, which requested the Commission to pro-hibit operation of Point Beach Unit 1 and to commence an investi-gation and hearing on the safety implications of steam generator tube degradation. " Director's Deuicion Under 10 CFR 2.206" dated November 30, 1979
(" Decision"). Prior to issuance of the Decision, the Commissioners were briefed by the NRR Staf f on the proposed disposition of Decade's petition. At this briefing, Decade was provided an opportunity to respond to the Staff's presentation.
As Decade's December 17 cover letter to the Commissioners acknowl-edges, 'o petition or other request for review of a Director's decision under S2.206 is permitted by the Commission's rules.
Nonetheless, Decade's request for a hearing and its letter to the Commissioners is best characterized as an attempt to have the Commission overturn the Director's Decision. Returning to the well one more time on this issue is not allowed by the Commis-sion's rules.
Decade's request for a hearing should be denied. The request for a hearing is defective. Decade has not set forth with par-ticularity the interest of the pet *tioner in the proceeding, how that interest may be affected by the results of the proceeding, including the reasons why petitioner should be permitted to inter-Vene. Moreover, the Petition fails to set out with any particu-larity the specific facts in Sections II and III of the Order that i696 217
Decade contends are incorrect and as to which Decade wishes to intervene. See 10 C.F.R. 5 2. 714 (a) (1) and (2).
Nor does Decade's " Memorandum in Support of Request by Wisconsin's Environmental Decade, Inc. for Hearing on Confirma-tory Order" (" Memorandum") adequately support Decade's request for a hearing. Rather it once again argues for suspension of Point Beach Unit l's operating license and for an adjudicatory hearing on the generic steam generator tube degradation problem. As will be discussed in the analysis below, Decade's Memorandum, except with respect to the allegations concerning Mr. Case, offers no informa-tion which was no+. previously before the NRC when Decade's 52.206 Petition was denied.
Analysis of Decade's Memorandum In Support of Its Request For Hearing on Confirmatory Order Decade's Memorandum in support of its petition for hearing on the Confirr atory Order argues (a) that Point Beach should be closed pending resolution of the tube degradation issue, and (b) that an adjudicatory hearing should be held on the generic steam generator tube degradation matter.
In support of its argument that the Confirmatory Order per-mitting operation of Point Beach should be reversed, Decade offers arguments. None has any merit. Each is considered below.
First, Decade contends that Licensee's proposed " package" provides insufficient assurance that significant tube defects will be identified in a timely manner. In support of this propo-1696 218
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sition, Decade offers only (a) an argument it made to the Commis-sion at the November 28, 1979 briefing regarding the value of in-creased periodic hydrostatic pressure tests and eddy current tests, (b) a second argument it made to the Commission at the same meeting regarding reduction in the allowable primary to secondary leak rate, and (c) a remarkable accusation that Mr. E. G. Case of the Staff privately contradicted the Staff's presentation to the Commission.
It is obvious that a hearing would serve no purpose simply to have the Commission consider again the two propositions pre-viously advanced by Decade and rejected by the Commission at the November 28, 1979 briefing. As to the third reason, Decade's ac-cusation of Mr. Case simply defies belief. While we are accus-0 tomed to Mr. Anderson's frequent misunderstandings of technical matters, one would have to be more than charitable to assume that Decade's reckless assertion of Mr. Case's lack of integrity was only a matter of misunderstanding. It is nothing more than a deplorable display of arrogance. It should be emphatically re-jected.
As a second reason for reversal of the Confirmatory Order, Decade points to the leakage which developed after return to ser-vice of Point Beach Unit 1 following issuance of the Confirmatory Order. This, of course, was a post-Order event of the type which I was anticipated in Section IV of the Order. Thus, it is doubtful that it disputes the correctness of the facts stated in Section II 1696 219
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and III of the Order. The Licensee Event Report, dated December 22, 1979, shows that the leakage was due to one leaking tube and to two faulty plugs inserted earlier. This event does not reflect poorly on the effii:acy of the Licensee's package to deal with the deep crevice tube degradation matter. Rather, the event demon-strates that the reduced allowable leak rate serves its purpose adequately. The event provides no basis for initiating a hearing because it does not dispute any fact stated in Section II or III of the Order.
As a third reason for requesting a hearing, Decade contends that the tube degradation has not been confined to the tube sheet.
Moreover, Decade levels a second charge of lack of integrity. This time it is pointud at the Staff as a whole and indirectly at the 0
Licensee. Both are charged with withholding relevant information from the Commission. This is not true.
There was no withholding of information by the Licensee. As Decade itself points out, the five suspect indications were in-cluded in Licensee's LER report of November 16. What Decade fails to appreciate is that the issue before the Commission on November 28 was tube degradation due to intergranular corrosion. As the attached letter of December 21, 1979 to the Staff shows, Wisconsin Electric believes those five indications are attributable to earlier thinning or cracking rather than to intergranular corrosion. That this condition has not progressed is demonstrated by the recently completed eddy current tests of 1900 tubes in both A and B steam 1696 220
generators which revealed no indications at or above the tube sheet. Decade's reiteration of the American Physics Society con-cerns about steam generator tube failures above the tt Ne sheet coincident with a LOCA are simply not pertinent. The Commission heard this same concern by Decade on November 28 and correctly gave it no heed, given the circumstances here.
Finally, as a fourth reason for reversing the Confirmatory Order, Decade argues that even if further tube degradation were confined to the tube sheet, there still exists a serious safety problem. To manufacture its argument, Decade postulates without any confirming test data that longitudinal defects could dove-tail. Decade presumes "for sake of discussion" that 20% of re-maining wall thickness is required to prevent a double ended tube failure -- ignoring all the test data showing only 10% is required
-- and mischaracterizes what Westinghouse said at the November 20 meeting regarding eddy current tests. The Decade essay, after brushing away all the attendant noise, simply charges that there is a realistic probability of 185 ta' as failing. Of course, if the Staff had said that 50 or 500 tubes would have to fail, Decade would charge that 50 or 500 tubes would or could fail.
With this final argument, Decade moves into its basic request i.e., a generic tube degradation hearing which would consider the interface between steam generator tube integrity and the ac-ceptance criteria utilized to evaluate emergency core cooling system.
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Whatever the merits -- or lack thereof -- of the Decade petition, to the extent it requests a generic tube degradation hearing, it clearly goes well beyond the issues allowed in any hearing on the Confirmatory Order.
In conclusion, we respectfully submit that the Decade peti-tion should be denied in this docket because:
a) it fails to state the interest of Decade and how that interest may be affected by the proceeding; b) it fails to set out matters in controversy within the issues set out for hearing in the Confirmatory Order; c) it is only an attempt to subvert the Commission's rules, which do not permit a request for review of the Director's decision under S2.206; and d) it amounts only to a request for a rulemaking regarding the interface of the ECCS acceptance criteria and steam generator tube integrity on a generic basis, which is not appropriata in this particular docket.
Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE By M Gerald Charnoff )
Counsel for Wiscons E dic Power Cc:apany 1800 M Street, North West Washington, D. C. 20036 (202) 331-4100 Dated: December 27, 1979 1696 222