ML20236A300

Discusses Commonwealth of PA & Util Jointly Submitted Documents to NRC Region I Memorializing Understandings Reached Re Issues Concerning Plant & Expectations as to Further Events in Proceeding.W/Certificate of Svc

ML20236A300
Person / Time
Site:	Peach Bottom
Issue date:	03/07/1989
From:	Beisner J, Irwin D HUNTON & WILLIAMS, O'MELVENY & MYERS, PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC, PENNSYLVANIA, COMMONWEALTH OF
To:	Bright G, Cole R, Frye J Atomic Safety and Licensing Board Panel
References
CON-#189-8249 88-569-06-OLA, 88-569-6-OLA, OLA, NUDOCS 8903170039
Download: ML20236A300 (4)

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CXEL:D March'7,;1989 #d 7

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00 Chi & T John H. Frye III, Chairman 1 Glenn O. Bright

~ Richard F.' Cole Atomic Safety and Licensing 9 Board U.S. - Nuclear Regulatory, Commission East-West Towers 4350 East-West Highway, Bethesda, Maryland 20814 Re: In the Matter of Philade1Dhia' Electric Company ;(Peach Bottom Atomic Power. Station, Units 2 and 3), Nos. 50-277 & 50-278; ASLBP No. 88-569-06-OLA

~ Gentlemen:

As you may'have noted in last TuesdaysfWa11 Street Journal'(article attached) and other publications, the Com-monwealth of Pennsylvania and the Philadelphia-Electric Company. have jointly submitted to the NRC Region I Adminis -

trator two documents memorializing understandings.the parties have reached with respect to certain issues concerning-the Peach Bottom Atomic Power Station. The understandings encom-pass, among-other things, certain matters contained in the proposed contentions filed by the Commonwealth in the above-noted proceeding on August 24, 1988. This letter is'to advise the Licensing Board of the parties' present expectations as to ,

further events in this proceeding.  !

The first document submitted to the Region I Admin-istrator is a proposed Appendix to the Peach Bottom Updated Final Safety Analysis Report ("UFSAR") which reflects those matters upon which PEco and the Commonwealth have reached an understanding.which are exclusively within the regulatory and enforcement authority of the NRC. The second document is an Information Agreement between the parties under which PECo will allow representatives of the commonwealth access to '

certain information for the purpose of keeping the Common-wealth advised about the operations at Peach Bottom. Upon receiving the NRC Region I Administrator's approval of these documents, PEco will immediately take all necessary steps to make effective the UFSAR Appendix, and the Commonwealth will immediately submit to the Licensing Board a notice of s

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i Page 2 - The Honorable John H. Frye III - 3/7/89 withdrawal and a motion to terminate this proceeding. As the Licensing Board was advised previously, the parties earlier sought and received the comments of the NRC staff on the contents of the two documents presently under review.

At this juncture, the parties cannot give a firm estimate of how long the Region I Administrator's review is likely to take.' However, the parties will keep the Licensing Board advised of any further developments in this regard.

Counsel for the Commonwealth has reviewed and concurs in the contents of this letter.

Sincerely, 7fhn H. Beisner 5'MELVENY & MYERS 555 13th Street, N.W.

Washington, D.C. 20004 f 2 01 --

Donald P. Irwin( [

HUNTON & WILLIAMS 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212

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A10 THE WALL STREET JOURNAL TUESDAY. FEBRUARY 28.1989 Philadelphia Electric, Pennsylvania Reach Terms for hclearPlant Restart t

at Limenck in Montgomery County Pa.

By Bratiuct E. Gucia s #1Reponer #Tu wastam aotam. The pact still to be approved by the NRC. mil become part of the utility's oper-PHILADELPHIA - Philadelphia Elec.

ating license and will be enforced by the tric Co. cleared a significant hurdle in its federal agency.

tworyear e!! ort to restart the Peach Bot. Tim Searchinger, who spearheaded the tom nuclear plant but, in the process. negotiations with the utihty for the state, made major concessions to state authori. said makmg the agreement part of federal ties. licensing requirements assures the state De utility reached an agreement with that the company's commitments w111 be Pennsylvania giving the state access to its confidential documents and the right to enforced and can be monitored.

For instance, the state was concerned play a central role in momtoring Peach that controlroom operators slept on the Bottom operations. The state agreed to job partly because they worked excessive drop complaints lodged with federal au- amounts of overt:me. The utthty agreed to thonties which could hamper restarting restrict overtime work for these operators.

the plant.

The agreement gives Pennsylvania con- and the state will have access to the over-time records for all control roorn person-siderably broader monitoring access than any other state has for deahng with trou- nel.

"Few states have interjected them-bled nuclear plants. !! it proves workable, selves into the day to day operations of nu-the plan could be imitated by other state clear plant" as Pennsylvania mil at Peath governments. Bottom, said Michael Manotte, executive Peach Bottom was shut down in May director of Washmgton. D.C. based Nu-1907 by the Nuclear Regulatory Commis-clear Information arid Resource Service, sian after reactor room operators were found sleeping at the controls while on an information network for environmental l duty. In the shakeup that followed the activists.

company's top two officers resigned, and The state also mil have access to confi-dential 1967 and 1956 evaluation reports the utdity stumbled several times in its el-forts to w'.n federal permission to restart prepared by the Institute of Nuclear Power Operations. an industry group that evalu-the plant. The closure has cost the com-ates nuclear plant performatice and opera-pany nearly $200 milhon in payments for hons. In addition, the state wdl be able to replacement power and other expenses.

review institute reports for the next four The agTeement reached yesterday re-fieves state concerns about the uttitty's years.

While other states have seen mstitute plans to correct safety and worker attitude documents occasionally. Pennsylvania mil problems at Peach Bottom. Those plans had been too vague in some areas state of- be the first state to have access to these documents on a contmuing basis. Smce the ficials complamed, and generally left offi-insutute was formed in the late 1970s, it cials with no means to venfy that improve-has streuvously guarded its information to ments were bemg made.

ensure a candid review of nuclear pnwn The NRC still hasn't decided when to al-low the company to brmg Peach Bottom operations m the country. ,

1.'nder the agreement. Philadelphia back on line. In the meantime. Philadel-phia Electne efficials said removing the Electne mil also provide Maryland eth threat of a continued state challenge to re- some of the documents and mformation to starting the plant was a major impetus to be given to Pennsylvania. Peach Bottom is reaching an agreement nih Pennsylva- Ic<ated near the Maryland Pennsylvama border on the Susquehanna River.

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"We have to work [with state regula- Pennsylvania had filed certain com-tors 1 rather than face them m court." said plaints regardmg the Peach Bottorn restart Corbin McNeill. Phdadelphia Electne's mth the NRC Atomic Safety and Licensmg eaccutive vice pt >sident for nuclear opera- Board and with the Third U.S. Circuit Court of Appeals. As part of the settle-uans.

The agreement calls for Philadelphia ment, the state agreed to withdraw these Electne to change some operating proce- complaints.

dures and to rneet several statearnposed _

requirements, such as restnetmg overtime work for control room operators, mereas-mg plant staff ratsmg quahfications for plant technicians and manaeers and re-stricting transfers sonnel to the of Peach utility's other nuclearBottom station per- l

c M2rch 7, 1989 CERTIFICATE OF SERVICE In the Matter of PHILADELPHIA ELECTRIC COMPANY (Peach Bottom Atomic Power Station, Units 2 and 3)

Docket Nos. 50-277-OLA and 50-278-OLA I hereby certify that copies of the attached March 7, 1989 letter to the Atomic Safety and Licensing Board were served this date upon the following by Federal Express as indicated by an asterisk, or by first-class mail, postage prepaid.

John H. Frye, III, Chairman

• Adjudicatory File Atomic Safety and Licensing Board Atomic Safety and Licensing U.S. Nuclear Regulatory Commission Board Panel Docket East-West Towers U.S. Nuclear Regulatory 4350 East-West Highway Commission .

Washington, D.C. 20555 Bethesda, MD 20814 Glenn O. Bright

• Morey M. Myers, Esq.*

Atomic Safety and Licensing Board General Counsel U.S. Nuclear Regulatory Commission Commonwealth of Pennsylvania East-West Towers Office of General Counsel 4350 East-West Highway P.O. Box 11775 Bethesda, MD 20814 Harrisburg, PA 17108 Richard F. Cole

• Richard P. Mather, Esq.*

Atomic Safety and Licensing Board Assistant Counsel U.S. Nuclear Regulatory Commission Room 505 Executive House East-West Towers 101 South Second Street 4350 East-West Highway Harrisburg, PA 17101 Bethesda, MD 20814 Ann P. Hodgdon, Esq.*

Secretary of the Commission U.S. Nuclear Regulatory Attention Docketing and Service Commission Section Office of the General Counsel U.S. Nuclear Regulatory Commission One White Flint North 1717 H Street, N.W. 11555 Rockville Pike Washington, D.C. 20555 Rockville, MD 20814 Atomic Safety and Licensing Jay Gutierrez, Esq.*

Appeal Board Panel Regional Counsel .

U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Region I 475 Allendale Road King of Prussia, PA 19406 O'Melveny & Myers Jp h H. Beisner l

555 13th Street, N.W. V Washington, D.C. 20004 DATED: March 7, 1989

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