ML19260A610

Motion for Clarification of Commission 791105 Final Statement Modifying Adjudicatory Procedures.Questions Whether Final Statement Supersedes or Supplements Commission 791005 Interim Statement.Certificate of Svc Encl

ML19260A610
Person / Time
Site:	Black Fox
Issue date:	11/16/1979
From:	Gallo J, Gibbs M ISHAM, LINCOLN & BEALE, PUBLIC SERVICE CO. OF OKLAHOMA
To:	NRC COMMISSION (OCM)
References
NUDOCS 7912030004
Download: ML19260A610 (9)

Text

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Before The Commission (. ~.* '/C,

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_ In the Matter of the Application of ) 'C ' s . Public Service Company of Oklahoma, ) Associated Electric Cooperative, Inc. ) Docket Nos. STN 50-556 and ) STN 50-557 Western Farmers Electric Cooperative )

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(Black Fox Station, Units 1 and 2) ) MOTION FOR CLARIFICATION Public Service Company of Oklahoma, Associated Electric Cooperative, Inc. and Western Farmers Electric Cooperative (" Applicants") , by their attorneys, move the Nuclear Regulatory Commission (the " Commission" or the "NRC") to issue an order clarifying the NRC's statement entitled

       " Modified Adjudicatory Procedures" of November 5, 1979, as it relates to the instant proceeding. Specifically, Appli-cants request that the NRC Staff be directed to proceed with the licensing review of the Black Fox Station as pre-viously outlined in the Commission's October 5, 1979 Interim Statement of Policy and Procedure.

On September 5, 1979, Applicants filed a " Motion for Commission Action" in which they asked for certain relief relating to the conduct of the Black Fox Station construction permit proceeding in the wake of the accident at Three Mile Island. One of the courses of action urged upon the Commission 1461 199 g912030 C O y g G-

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by Applicants in that motion was the resumption of the re-actor licensing process based upon the implementation of certain licensing requirements set forth in the August 20, 1979 memorandum to the Commissioners from the Director of Nuclear Reactor Regulation. On October 5, 1979, the Commission issued its Interim Policy S tatement. While applicable to all pending licensing matters, the October 5 statement was specifically denominated a response to Applicants' Motion. In regard to the question of the resumption of the licensing process, the statement provided: The Commission's staff should continue its present policy of informing the Commission, NRC licensees, and NRC applicants of staff's views on the implications of the Three Mile Island accident in general and on what cor-rective or preventive actions are called for in specific cases as a result of its analysis of the accident. In particular, this means the staff is authorized to pro-coed with licensing reviews and present evidence on the implications of the accident for resolution of proceedings now before Atomic Safety and Licensing Boards. (Interim Statement at 2). Four days after the issuance of the Commission's Interim Statement, the NRC Staff filed its " Answer to Appli-cants' Request for Hearing and Supplemental Answer to State of Oklahoma's Motion for Stay and Intervenors' Motion to Reopen" with the Atomic Safety and Licensing Board in this docket. In that pleading, the NRC Staf f referred to the 1461 200

. portion of the Interim Policy Statement. quoted above and explained that tae Staff had prepared a generic letter setting forth certain Three Mile Island-related requirements to be met by construction permit applicants. It was the Staff's position that once that letter had been sent to Applicants and an adequate response received, and after the NRC Staff had issued a Safety Evaluation Report Supplement, hearings in the Black Fox proceeding could be scheduled. The letter referenced by the NRC Staff was issued to all construc-tion permit applicants on October 10, 1979. Applicants responded by letter dated October 12, 1979.* On November 5, 1979, the Commission issued a State-ment captioned " Modified Adjudicatory Procedures" (hereinafter referred to as " Final Statement") which suspended the imme-diate effectiveness rule (10 C.F.R. S 2.764), and set forth the procedures by which new licenses, permits and authorizations may be issued. In so doing, the Commissioners explained that the actions described in the Final Statement constituted their final action on Applicants' motion.

• Applicants were able to respond quickly to the Staff's letter of October 10 because they had made an independent evaluation of both the Three Mile Island accident gener-ally and the specific recommendations set forth in NUREG-0578, as amended by the ACRS and the Director of Nuclear Reactor Regulation. Thase evaluations are documented in Applicants submittals to the NRC Staff dated June 15, July 27, August 8 and August 24, 1979.

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However, the Final Statement did not reiterate the position expressed in the Interim Policy Statement concern-ing the resumption of licensing reviews by the NRC Staff. Thus, it is not clear whether the Final Statement was intended to supersede or supplement the Interim Statement. It is this lack of express guidance about the licensing review process, together with the events described below, which lead Applicants to request that the Commission clarify its Statement of November 5 with specific reference to the Black Fox application. The lack of certainty concerning the Commission's position on this matter is-due largely to the changes in circumstances which have occurred in the 30-day interval be- - tween the issuance of the Interim Policy Statement and the Final Statement. First, the Kemeny Commission report was made public on October 30. The sweeping changes that docu-ment recommends concerning NRC practices have created confusion as to when the licensing process for Black Fox Station will resume. Second, Applicants understand that the Commission has received a recommendation from the Director of Nuclear Reactor Regulation which suggests a reallocation of resources within the NRC Staff so that pending applica-tions like Black Fox would receive little attention during the next few months. Applicants are not aware of any action by the Commission on this recommendation. Finally, remarks made by the Commission in an appearance before Congress have 1461 202

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cast more doubts upon the NRC's timetable for resuming the licensing process with respect to pending applications. The combination of these factors has led to uhat appears to be a general state of confusion among the NRC Staff as to what steps to take regarding the Black Fox Station. It is to alleviate this mood of confusion that Applicants seek a clarification of the Final Statement. Applicants' original Motion for Commission Action of September 5 sought to have the Commission adopt the NRC Staff's August 20, 1979 recom-mendation concerning licensing. The appropriate relief now, however, in view of the changed circumstances explained above, would be an order authorizing the NRC Staff, as stated

• in the Interim Policy Statement, to proceed with licensing reviews and to present evidence on the implications of the Three Mile Island accident for resolution of proceedings now before Atomic Safety and Licensing Boards. In the case of Black Fox, such an order would enable the NRC Staff to issue Supplement No. 3 to its Safety Evaluation Report with respect to some of the Three Mile Island issues.*
• On October 23, 1979, the NRC Staff requested additional information from Applicants on the subject of emergency planning. This matter is being reviewed by Applicants and it is expected that this inquiry will be addressed by the NRC Staff in a further supplement to the Safety Evaluation Report. Thus, Supplement No. 3 will not represent a final disposition by the NRC Staff of TMI-related matters with respect to Black Fox Station. It would, however, mark a very definite step of progress in the licensing review process.

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This clarification of NRC licensing policy would thus dispose of the one matter in Applicants' motion which has not been adequately dealt with by the Commission, for while the Final Statement purported to be a final disposi-

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tion of Applicants' petition, the request for relief regard-ing NRC Staff action on Black Fox was not addressed. For the foregoing reasons, Applicants Motion for Clarification should be granted, and an order entered which directs the NRC Staff to proceed with the licensing review of the Black Fox Station. Consistent with the Commission's past practice, this action may be accomplished by reiterating on a generic basis that the NRC Staff is authorized to pro- - ceed with licensing reviews and to present evidence on the implications of the Three Mile Island accident for resolu-tion of proceedings now before Atomic Safety and Licensing Boards. Respectfully submitted, Isham, Lincoln & Beale 1050 17th Street, N.W. C#m[ Jog 6ph Gallo Md Suite 701 8 Washington, D.C. 20036 . I 202/833-9730 Isham, Lincoln & Beale [2 m /{{. Gibbs,2s

Martha E. One First National Plaza Suite 4200 Attorneys for the Applicants Chicago, Illinois 60603 312/558-7500 November 16, 1979 4 04

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMM'.SSION Before The Commission In the Matter of the Application of ) Public Service Company of Oklahoma, ) Associated Electric Cooperative, Inc. ) Docket Nos. STN 50-556 and ) STN 50-557 Western Farmers Electric Cooperative )

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(Black Fox Station, Jnits 1 and 2) ) CERTIFICATE OF SERVICE I hereby certify that the following MOTION FOR CLARIFICATION in the above-captioned proceeding was served upon the persons shown on the attached list by depositing copies thereof in the United States mail, first class postage . prepaid, this 16th day of November, 1979.

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JOSEPH GALLO On'e'of the Attorneys for the Applicants 1461 205

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Chairman Joseph M. Hendric Dr. W. Reed Johnson U.S. Nuclear Regulatory Atomic Safety and Licensing Commission Appeal Board Panel Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Commissioner Victor Gilinsky Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Jerome E. Sharfm :n, Esquire Washington, D.C. 20555 Atomic Safety and Licensing Appeal Board Panel Commissioner Richard T. Kennedy U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Docketing and Service Section Commissioner Peter A Bradford Office of the Secretary of U.S. Nuclear Regulatory the Commission Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555 Commissioner John F. Ahearne (20 copies) U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Washington, D.C. 20555 Board Panel U.S. Nuclear Regulatory Sheldon J. Wolfe, Esquire Commission . Atomic Safety and Licensing Washington, D.C. 20555 Board Panel U.S. Nuclear Regulatory Atomic Safety and Licensing Commission Appeal Board Panel Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Mr. Frederick J. Shon, Member Washington, D.C. 20555 Atomic Safety and Licensing Board Panel L. Dow Davis, Esquire U.S. Nuclear Regulatory Counsel for NRC Staff Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555 Dr. Paul W. Purdom, Director ~ Environmental Studies Group Joseph R. Farris, Esquire Drexel University John R. Woodard, III, Esquire 32nd and Chestnut Streets Feldman, Hall, Franden, Reed Philadelphia, Pennsylvania 19104 & Woodard 81ii Enterprise Building Richard S. Salzman, Esquire Tulsa, Oklahoma 74103 Atomic Safety and Licensing Appeal Board Mr. Clyde Wisner U.S. Nuclear Regulatory NRC Region 4 Commission Public Affairs Officer Washington, D.C. 20555 611 Ryan Plaza Drive Suite 1000 Arlington, Texas 76011 1461 206

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Andrew T. Dalton, Esquire 1437 South Main Street Room 302 Tulsa, Oklahoma 74119 Mrs. Carrie Dickerson Citizens Action for Safe Energy, Inc. P.O. Box 924 Claremore, Oklahoma 74107 Mrs. Ilene H. Younghein 3900 Cashion Place Oklahoma City, Oklahoma 73112 Mr. Lawrence Burrell Route 1, Box 197 Fairview, Oklahoma 73737 Mr. Maynard Human General Manager Western Farmers Electric Cooperative P.O. Box 429 Andarko, Oklahoma 73005

• Mr. Gerald F. Diddle General Manager Associated Electric Cooperative, Inc.

P.O. Box 754

       . Springfield, Missouri 65801 Mr. Vaughn L. Conrad Public Service Company of Oklahoma P.O. Box 201 Tulsa, Oklahoma 74102 Mr. T. N. Ewing, Manager Black Fox Station Nuclear Project     '

Public Service Company of Oklahoma P.O. Box 201 Tulsa, Oklahoma 74102 1461 207 Charles S. Rogers, Esquire Assistant Attorney General 112 State Capitol Building Oklahoma City, Oklahoma 73105}}