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Category:CORRESPONDENCE-LETTERS
MONTHYEARML20205C3521988-09-23023 September 1988 Final Response to FOIA Request for Documents Re Plant. Forwards App D Documents.App D Documents Also Available in PDR ML20093K3281984-10-11011 October 1984 Requests Discontinuance of Document Distribution to Offshore Power Sys,Which Closed on 840901 ML20083K7301984-03-27027 March 1984 Responds to IE Bulletin 83-08.Circuit Breakers Not Purchased or Specified for safety-related Applications.No Further Design Activities Planned Prior to Obtaining Customer ML20073B5171983-04-0808 April 1983 Responds to Generic Ltr 83-10D Re Resolution of TMI Action Item II.K.3.5, Study Need for Auto Trip of Reactor Coolant Pumps. Resolution Will Be Initiated When Customer for First FNP Is Attained & Final Design Efforts Begun ML20071E8321983-03-0101 March 1983 Ack Receipt of Generic Ltr 83-07 Re Requirements of Nuclear Waste Policy Act of 1982.Lists Reasons for Not Entering Into Waste Disposal Contract W/Doe ML20072A8671982-12-29029 December 1982 Requests Public Statement Responding to 760615 Testimony Before NRC Re Safety Concerns Associated W/Ops Floating Nuclear Power Plants ML20072A8621982-12-12012 December 1982 Requests Response to Previous Correspondence Opposing OPS Floating Nuclear Power Plants,Heretofore Unacknowledged by Nrc.June 1976 Testimony on SER Encl ML20072A8761982-12-0101 December 1982 Requests Response to ,Mistakenly Directed to Former Chairman Jm Hendrie ML20069G5291982-09-17017 September 1982 Forwards Revisions to Environ Protection Plan Per 820915 Telcon ML20072A8701982-08-14014 August 1982 Lists Reasons for Opposing Issuance of Mfg License to OPS for Floating Nuclear Power Plants ML20054M3461982-06-23023 June 1982 Confirms 820623 Telcon Re Official Closing of Lpdr for Offshore Nuclear Power Plant.Lpdr in Jacksonville,Fl Will Remain Open ML20052G6091982-05-11011 May 1982 Advises of RA Thomas Appointment as Acting Manager of Offshore Power Sys Div.Pb Haga Appointed Director of Engineering.Svc List Encl.Related Correspondence ML20041E5781982-03-0505 March 1982 Advises That OPS Became Div of Water Reactor Div of Westinghouse on 820201.Change Does Not Affect Licensing Process.Svc List Encl ML20041D6861982-02-24024 February 1982 Advises of Westinghouse Nuclear Energy Sys Organizational Changes.Organizational Charts Encl ML20040G3531982-01-29029 January 1982 Requests Public Response to 760615 Testimony ML20039E7421981-12-21021 December 1981 Delegates Authority for Review of Info Sought to Be Withheld from Public to Pb Haga,Director of Power Sys Technology ML20062M2991981-12-11011 December 1981 Forwards Applicant 811211 Proposed Findings of Fact & Conclusions of Law in Form of Proposed Initial Decision. Document Supersedes Applicant 790601 Proposed Partial Findings of Fact in Form of Proposed Initial Decision ML20038B9601981-12-0202 December 1981 Repts on 811113 Telcon.Aslb Denied Applicant Request That Answers to ASLB 811112 Questions Be Provided Orally at 811204 Hearing.Answers Are to Be Filed in Advance by 811127. Certificate of Svc Encl.Related Correspondence ML20038B5911981-11-12012 November 1981 Submits Info Requested in 811106 Telcon W/Nrc Re Turbine Missile Shield ML20049A7371981-09-17017 September 1981 Confirms 810917 Telcon Re Containment Design Pressure.Util Reluctantly Commits to Design Containment Vessel to Meet ASME Svc Level a Stress Limits for Design Interval Pressure of 25 Psig at Ambient Temp ML20010J3741981-09-10010 September 1981 Submits Addl Info Re Equipment Qualification Modifying 810902 Response Re Generic Issue A-24.Safety-related Equipment Will Be Qualified in Accordance w/NUREG-0588, Category I Requirements ML20010F8661981-09-0404 September 1981 Ack Receipt of NRC 810831 Ltr Re Meeting W/Util to Discuss Facility.Gl Paulson No Longer W/Nj Dept on Environ Protection.A Mclellan Now Assistant Commissioner for Science & Research & Should Replace Paulson on Mailing List ML20010E6101981-08-28028 August 1981 Corrects Date of Ref Cited in 810818 Ltr Responding to NRC Request for Info Re Generic Technical Issues A-2 & A-36 ML20009C8931981-07-22022 July 1981 Advises That Review of Plant Design Rept & Amends for Barge Mounted Floating Nuclear Plant Has Been Completed.Final Approval Will Depend on Successful Plan Review,Insp During Const & Approval by Officer in Charge ML19346A4151981-06-11011 June 1981 Forwards Draft App C to Plant Design Rept, in Response to post-TMI Requirements.App C Will Be Filed Formally at Conclusion of Technical Review & Upon Resolution of NRC Concerns ML20004E5451981-06-0606 June 1981 Requests Name Be Deleted from Mailing List Re Hearings ML20126F4071981-03-10010 March 1981 Forwards Characteristics & Sketch of Floating Nuclear Power Plant & Info Sheets on Floating Nuclear Power Plant & Mfg Facility,On Behalf of Ofc of General Counsil.Requests Insp of Facility & Testimony at 810526 Trial Re Mfg of Plants ML20008F5561981-03-0404 March 1981 Urges Inclusion of OPS Mfg License Application in Proposed Rule Defining TMI accident-related Requirements for Pending CP & Mfg Licenses ML20008F5621981-03-0303 March 1981 Expresses Concern Re Inclusion of OPS Application in Proposed Rule Currently Under Consideration for near-term Cp/Mfg License Applications ML20008F5671981-02-24024 February 1981 Urges Inclusion of OPS Mfg License Application in Proposed Rulemaking Defining TMI accident-related Requirements for Pending CP & Mfg Licenses ML20002E3551980-12-16016 December 1980 FOIA Request for All Documents Re OPS Application for License to Mfg Floating Nuclear Plants Containing Statements Re Alternate Land Uses ML19345C2711980-10-29029 October 1980 Requests Info Re Facilities W/Active CPs Pending,License Definitions & Requirements for Floating Nuclear Plants ML19332A0831980-09-0505 September 1980 Requests That Schedule Be Established for Completing Review of Application for Mfg License & That NRC Resources Be Committed for That Purpose.Nrc Should Initiate Review of Util 800715 Responses to NUREG-0660 ML19331C6281980-07-22022 July 1980 Requests Available Info Re Projected Offshore Floating Nuclear Power Plant ML19320D4621980-07-15015 July 1980 Forwards 36A93, OPS Responses to Post-TMI NRC Requirements, Revision 1.Rept Represents Vast Majority of New Info Required to Support Issuance of Mgt License. Requests Meeting W/Nrc at Earliest Possible Convenience ML19329G1971980-05-21021 May 1980 Requests Reply to CT Brown 800407 Ltr Expressing Support for Floating Nuclear Power Plant Project ML19320B7581980-05-16016 May 1980 Ack Receipt of Encl 800407 Ltr to President Carter Re Employment Opportunities Offered by Offshore Floating Nuclear Plant Project.Decisions on Commercial Projects Are Made by Private Sector,W/Nrc Approval ML19323C6321980-05-0606 May 1980 Forwards Review Re Applicability of post-TMI Action Plan Requirements Contained in Draft 3 of NUREG-0660 & Applicability of Item III.A.2-2 of NUREG-0654.Response to All Action Plan Items,Except Item II.B.8 Planned for ML19305C4241980-03-18018 March 1980 Forwards Response to NRC 791017 Ltr Requesting Addl Info Re Core Thermohydraulic Effects ML19257A3011979-12-21021 December 1979 Forwards 36A93, Responses to Post-TMI NRC Requirements, Per IE Bulletin 79-06,NRC 791010 & 1109 Ltrs Re TMI Lessons Learned Task Force short-term Requirements & TMI Lessons Learned Task Force Final Rept. ML19210D0981979-11-0707 November 1979 Forwards Response to OPS 790709 Ltr Re Mobilization & Deployment of Coast Guard Vessels in Response to Emergency at Floating Nuclear Power Plant ML19210C9341979-10-18018 October 1979 Responds,On Behalf of Applicant,To NRC 791011 Ltr Addressed to ASLB Re Unavailability of NRC Witness.Requests Scheduling of 791031 or 1101-02 & 05 Hearing Session Re ASLB Questions Pending Since Mar 1979.Urges Publication of SER Schedule ML19253B4191979-10-0505 October 1979 Requests Plan & Schedule for Completion of Review of Application for Mfg License ML19253B5911979-09-26026 September 1979 Agrees to Use McGuire Nodalization Scheme or More Detailed Model for Analyses of Pressure Transient in Steam Generator Encl Following Steam Line Rupture ML19208D5551979-09-21021 September 1979 Forwards Revision 2 to Rept 36A59, Fnp Core Ladle Design & Safety Evaluation. Revision Reflects Sandia Lab Comments Transmitted in NRC 790605 Ltr & Results of 790724 Meeting W/Nrc & Sandia Lab ML19209C9571979-09-20020 September 1979 Protests NRC Recommendation That Floating Nuclear Power Station Not Be Built ML19208B0281979-09-14014 September 1979 Forwards Responses to ACRS Subcommittee 790725 Questions Re Core Ladle & TMI-2.Response Modifies Design Presented in Rept 36A59 Floating Nuclear Plant Core Laddle Design & Safety Evaluation. Requests ACRS Meeting in Oct ML19211A8421979-09-0606 September 1979 Forwards B Peters Ltr Re NRC Decision to Issue License for Const of Floating Nuclear Plants.Requests Comment ML19209B4791979-09-0606 September 1979 Forwards 790806 Ltr from B Peters Expressing Concern About Possible NRC Decision to Issue License for Const of Offshore Nuclear Power Plants.Requests Review & Assistance in Responding to Ltr ML19209B3511979-08-22022 August 1979 Forwards Ltr from PA Nilsson Expressing Concern About Plans to Issue Mfg License.Requests Info in Order to Respond to Constituent Inquiry 1988-09-23
[Table view] Category:INCOMING CORRESPONDENCE
MONTHYEARML20093K3281984-10-11011 October 1984 Requests Discontinuance of Document Distribution to Offshore Power Sys,Which Closed on 840901 ML20083K7301984-03-27027 March 1984 Responds to IE Bulletin 83-08.Circuit Breakers Not Purchased or Specified for safety-related Applications.No Further Design Activities Planned Prior to Obtaining Customer ML20073B5171983-04-0808 April 1983 Responds to Generic Ltr 83-10D Re Resolution of TMI Action Item II.K.3.5, Study Need for Auto Trip of Reactor Coolant Pumps. Resolution Will Be Initiated When Customer for First FNP Is Attained & Final Design Efforts Begun ML20071E8321983-03-0101 March 1983 Ack Receipt of Generic Ltr 83-07 Re Requirements of Nuclear Waste Policy Act of 1982.Lists Reasons for Not Entering Into Waste Disposal Contract W/Doe ML20072A8671982-12-29029 December 1982 Requests Public Statement Responding to 760615 Testimony Before NRC Re Safety Concerns Associated W/Ops Floating Nuclear Power Plants ML20072A8621982-12-12012 December 1982 Requests Response to Previous Correspondence Opposing OPS Floating Nuclear Power Plants,Heretofore Unacknowledged by Nrc.June 1976 Testimony on SER Encl ML20072A8761982-12-0101 December 1982 Requests Response to ,Mistakenly Directed to Former Chairman Jm Hendrie ML20069G5291982-09-17017 September 1982 Forwards Revisions to Environ Protection Plan Per 820915 Telcon ML20072A8701982-08-14014 August 1982 Lists Reasons for Opposing Issuance of Mfg License to OPS for Floating Nuclear Power Plants ML20052G6091982-05-11011 May 1982 Advises of RA Thomas Appointment as Acting Manager of Offshore Power Sys Div.Pb Haga Appointed Director of Engineering.Svc List Encl.Related Correspondence ML20041E5781982-03-0505 March 1982 Advises That OPS Became Div of Water Reactor Div of Westinghouse on 820201.Change Does Not Affect Licensing Process.Svc List Encl ML20041D6861982-02-24024 February 1982 Advises of Westinghouse Nuclear Energy Sys Organizational Changes.Organizational Charts Encl ML20040G3531982-01-29029 January 1982 Requests Public Response to 760615 Testimony ML20039E7421981-12-21021 December 1981 Delegates Authority for Review of Info Sought to Be Withheld from Public to Pb Haga,Director of Power Sys Technology ML20062M2991981-12-11011 December 1981 Forwards Applicant 811211 Proposed Findings of Fact & Conclusions of Law in Form of Proposed Initial Decision. Document Supersedes Applicant 790601 Proposed Partial Findings of Fact in Form of Proposed Initial Decision ML20038B9601981-12-0202 December 1981 Repts on 811113 Telcon.Aslb Denied Applicant Request That Answers to ASLB 811112 Questions Be Provided Orally at 811204 Hearing.Answers Are to Be Filed in Advance by 811127. Certificate of Svc Encl.Related Correspondence ML20038B5911981-11-12012 November 1981 Submits Info Requested in 811106 Telcon W/Nrc Re Turbine Missile Shield ML20049A7371981-09-17017 September 1981 Confirms 810917 Telcon Re Containment Design Pressure.Util Reluctantly Commits to Design Containment Vessel to Meet ASME Svc Level a Stress Limits for Design Interval Pressure of 25 Psig at Ambient Temp ML20010J3741981-09-10010 September 1981 Submits Addl Info Re Equipment Qualification Modifying 810902 Response Re Generic Issue A-24.Safety-related Equipment Will Be Qualified in Accordance w/NUREG-0588, Category I Requirements ML20010F8661981-09-0404 September 1981 Ack Receipt of NRC 810831 Ltr Re Meeting W/Util to Discuss Facility.Gl Paulson No Longer W/Nj Dept on Environ Protection.A Mclellan Now Assistant Commissioner for Science & Research & Should Replace Paulson on Mailing List ML20010E6101981-08-28028 August 1981 Corrects Date of Ref Cited in 810818 Ltr Responding to NRC Request for Info Re Generic Technical Issues A-2 & A-36 ML20009C8931981-07-22022 July 1981 Advises That Review of Plant Design Rept & Amends for Barge Mounted Floating Nuclear Plant Has Been Completed.Final Approval Will Depend on Successful Plan Review,Insp During Const & Approval by Officer in Charge ML19346A4151981-06-11011 June 1981 Forwards Draft App C to Plant Design Rept, in Response to post-TMI Requirements.App C Will Be Filed Formally at Conclusion of Technical Review & Upon Resolution of NRC Concerns ML20004E5451981-06-0606 June 1981 Requests Name Be Deleted from Mailing List Re Hearings ML20126F4071981-03-10010 March 1981 Forwards Characteristics & Sketch of Floating Nuclear Power Plant & Info Sheets on Floating Nuclear Power Plant & Mfg Facility,On Behalf of Ofc of General Counsil.Requests Insp of Facility & Testimony at 810526 Trial Re Mfg of Plants ML20008F5561981-03-0404 March 1981 Urges Inclusion of OPS Mfg License Application in Proposed Rule Defining TMI accident-related Requirements for Pending CP & Mfg Licenses ML20008F5621981-03-0303 March 1981 Expresses Concern Re Inclusion of OPS Application in Proposed Rule Currently Under Consideration for near-term Cp/Mfg License Applications ML20008F5671981-02-24024 February 1981 Urges Inclusion of OPS Mfg License Application in Proposed Rulemaking Defining TMI accident-related Requirements for Pending CP & Mfg Licenses ML20002E3551980-12-16016 December 1980 FOIA Request for All Documents Re OPS Application for License to Mfg Floating Nuclear Plants Containing Statements Re Alternate Land Uses ML19345C2711980-10-29029 October 1980 Requests Info Re Facilities W/Active CPs Pending,License Definitions & Requirements for Floating Nuclear Plants ML19332A0831980-09-0505 September 1980 Requests That Schedule Be Established for Completing Review of Application for Mfg License & That NRC Resources Be Committed for That Purpose.Nrc Should Initiate Review of Util 800715 Responses to NUREG-0660 ML19331C6281980-07-22022 July 1980 Requests Available Info Re Projected Offshore Floating Nuclear Power Plant ML19320D4621980-07-15015 July 1980 Forwards 36A93, OPS Responses to Post-TMI NRC Requirements, Revision 1.Rept Represents Vast Majority of New Info Required to Support Issuance of Mgt License. Requests Meeting W/Nrc at Earliest Possible Convenience ML19329G1971980-05-21021 May 1980 Requests Reply to CT Brown 800407 Ltr Expressing Support for Floating Nuclear Power Plant Project ML19323C6321980-05-0606 May 1980 Forwards Review Re Applicability of post-TMI Action Plan Requirements Contained in Draft 3 of NUREG-0660 & Applicability of Item III.A.2-2 of NUREG-0654.Response to All Action Plan Items,Except Item II.B.8 Planned for ML19305C4241980-03-18018 March 1980 Forwards Response to NRC 791017 Ltr Requesting Addl Info Re Core Thermohydraulic Effects ML19257A3011979-12-21021 December 1979 Forwards 36A93, Responses to Post-TMI NRC Requirements, Per IE Bulletin 79-06,NRC 791010 & 1109 Ltrs Re TMI Lessons Learned Task Force short-term Requirements & TMI Lessons Learned Task Force Final Rept. ML19210D0981979-11-0707 November 1979 Forwards Response to OPS 790709 Ltr Re Mobilization & Deployment of Coast Guard Vessels in Response to Emergency at Floating Nuclear Power Plant ML19210C9341979-10-18018 October 1979 Responds,On Behalf of Applicant,To NRC 791011 Ltr Addressed to ASLB Re Unavailability of NRC Witness.Requests Scheduling of 791031 or 1101-02 & 05 Hearing Session Re ASLB Questions Pending Since Mar 1979.Urges Publication of SER Schedule ML19253B4191979-10-0505 October 1979 Requests Plan & Schedule for Completion of Review of Application for Mfg License ML19253B5911979-09-26026 September 1979 Agrees to Use McGuire Nodalization Scheme or More Detailed Model for Analyses of Pressure Transient in Steam Generator Encl Following Steam Line Rupture ML19208D5551979-09-21021 September 1979 Forwards Revision 2 to Rept 36A59, Fnp Core Ladle Design & Safety Evaluation. Revision Reflects Sandia Lab Comments Transmitted in NRC 790605 Ltr & Results of 790724 Meeting W/Nrc & Sandia Lab ML19209C9571979-09-20020 September 1979 Protests NRC Recommendation That Floating Nuclear Power Station Not Be Built ML19208B0281979-09-14014 September 1979 Forwards Responses to ACRS Subcommittee 790725 Questions Re Core Ladle & TMI-2.Response Modifies Design Presented in Rept 36A59 Floating Nuclear Plant Core Laddle Design & Safety Evaluation. Requests ACRS Meeting in Oct ML19209B4791979-09-0606 September 1979 Forwards 790806 Ltr from B Peters Expressing Concern About Possible NRC Decision to Issue License for Const of Offshore Nuclear Power Plants.Requests Review & Assistance in Responding to Ltr ML19211A8421979-09-0606 September 1979 Forwards B Peters Ltr Re NRC Decision to Issue License for Const of Floating Nuclear Plants.Requests Comment ML19209B3511979-08-22022 August 1979 Forwards Ltr from PA Nilsson Expressing Concern About Plans to Issue Mfg License.Requests Info in Order to Respond to Constituent Inquiry ML19209B1511979-08-15015 August 1979 Notifies That Intervenor Atlantic County,Nj,Will Take Passive Role in Proceedings Unless Interests Are Directly Affected ML19250C0621979-08-0808 August 1979 Forwards H Padula 790806 Ltr Re Authorizing of OPS to Mfg Eight Floating Nuclear Plants in State of Fl.Requests Comment ML19249D9771979-08-0808 August 1979 Three Citizen Ltrs Opposing Licenses to Build Nuclear Power Plants in Atlantic Ocean & Gulf of Mexico 1984-03-27
[Table view] Category:LEGAL/LAW FIRM TO NRC
MONTHYEARML20052G6091982-05-11011 May 1982 Advises of RA Thomas Appointment as Acting Manager of Offshore Power Sys Div.Pb Haga Appointed Director of Engineering.Svc List Encl.Related Correspondence ML20041E5781982-03-0505 March 1982 Advises That OPS Became Div of Water Reactor Div of Westinghouse on 820201.Change Does Not Affect Licensing Process.Svc List Encl ML20038B9601981-12-0202 December 1981 Repts on 811113 Telcon.Aslb Denied Applicant Request That Answers to ASLB 811112 Questions Be Provided Orally at 811204 Hearing.Answers Are to Be Filed in Advance by 811127. Certificate of Svc Encl.Related Correspondence ML19210C9341979-10-18018 October 1979 Responds,On Behalf of Applicant,To NRC 791011 Ltr Addressed to ASLB Re Unavailability of NRC Witness.Requests Scheduling of 791031 or 1101-02 & 05 Hearing Session Re ASLB Questions Pending Since Mar 1979.Urges Publication of SER Schedule ML19209B1511979-08-15015 August 1979 Notifies That Intervenor Atlantic County,Nj,Will Take Passive Role in Proceedings Unless Interests Are Directly Affected ML19225B5521979-06-0101 June 1979 Forwards Offshore Power Sys 790502 Proposed Partial Findings of Fact in Form of Proposed Initial Decision ML19274F0261979-04-12012 April 1979 Responds to ASLB 790404 Inquiry Re Submittal of Proposed Findings of Fact & Conclusions of Law.Atlantic County,Nj Will Submit Findings.State of Nj Has Not Made Final Decision.Certificate of Svc Encl ML19263D9071979-03-0909 March 1979 Responds to NRC 790216 Ltr Requesting Explanation Why Documents Were Not Served Upon Parties.Discusses Understanding of NRC Requirements Re Svc of Documents.Ops Svc List Encl ML19274E5081979-02-14014 February 1979 Applicant Withdraws Motion for Dismissal of Nrdc'S 790206 Programmatic Impact Statement ML19274E5061979-02-14014 February 1979 Forwards Telegram Sent to ASLB & NRDC Withdrawing Applicant'S Motion for Dismissal of Nrdc'S Programmatic Impact Statement ML19281A0701979-01-26026 January 1979 Advises That Applicant Opposes Natural Resources Defense Council'S 790111 Motion for Production of Documents as Unnecessary & W/O Merit ML19296A1621979-01-0202 January 1979 Consents to Offshore Power Systems Motion That Direct Briefs Be Filed by 790105 & Reply Briefs by 790115.W/781222 Request for Extension of Time for Filing ML19322A1361978-12-22022 December 1978 Requests Extension of 2 Weeks within Which to File Brief as Amicus Curiae,Per 10CFR2.772(b).Request Based on Complicated Nature of Issue & Voluminous Record 1982-05-11
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Dear Mr. Chairman:
o-Re: Offshore Power Systems - Docket No. STN 50-437 This letter is in response to your letter dated February 16, 1979, inquiring as to why two documents referred to by NRDC were not served upon the parties and whether simi-lar Applicant-Staff correspondence has not been served in the past upon the parties. Your letter was not received by me in Pittsburgh or by Offshore Power Systems in Jacksonville until Feb uary 26, 1979.
In our la ter dated January 26, 1979, we set forth Applicant's understanding af the Commission's requirements concerning service of documents upon the parties and the inter-play of service rules and discovery rules of the Commission.
Without repeating our prior letter, it is Applicant's position that there is no Commission regulation or practice requiring service on all parties of any and all correspondence between Applicant and the Staff. Applicant has always responded with-out ccmpulsion to all reasonable requests for discovery which were relevant to contentions authorized by the Board for hear-ing. The Public Document Room maintained by the NRC is the appropriate place for finding all correspondence with the Staff, whether by Applicant or Intervenor. While Applicant has a responsibility to keep the Atomic Safety and Licensing 7904170OVf
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Sheldon J. Wolfe, Esq., Chairman March 9, 1979
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Board and the parties advised concerning developments associated with the proceeding, it is a responsibility tied to information relevant and material to matters to be adjudicated by the Licensing Board.
In the case of the two documents here under discussion, at the time those documents were sent or re-ceived by Applicant, the documents were not material or relevant to any matter in controversy in this proceeding and had not been the subject of a request for discovery by any party. By way of further explanation as to why Applicant did not consider either of the two letters material or relevant (although subsequently one of those letters was attached to a pleading by Applicant), we offer the following additional ecmments. The two docu-ments involved were: (a) a letter dated November 3, 1978, from Douglas M. Costle, EPA Administrator, to A. P.
Zeche11a, President of offshore Power Systems, concerning the EPA position on the siting of floating nuclear plants; and (b) a letter dated October 31, 1978, from P. Blair Haga to Harold R. Denton, Director, Office of Nuclear Re-actor Regulation, describing a proposed schedule for responding to the Staff with respect to update review mat-ters.
The November 3, 1978 letter was a communication to the Applicant directly from EPA, in which EPA, at the request of Applicant, was clarifying its position with respect to siting of floating nuclear power plants in a riverine or estuarine environment. Applicant did not serve this letter on the parties for several reasons: First, Applicant did not believe the matter discussed in the letter to be relevant to any contention authorized by the Licensing Board for hearing. As the Board is aware, NRDC has attempted to interject into this proceeding a requirement that discrete riverine and estuarine sites be identified and analyzed for environmental purposes prior to issuance of any manufacturing license to Applicant. Applicant has consistently believed that such a requirement is contrary to Appendix M and the Commission's licensing criteria for the manufacturing license for floating nuclear plants. While the November 3, 1978 let-ter involved this general subject, Applicant did not then consider and does not now consider it relevant to any conten-tion authorized by the Licensing Board. Only when NREC, in an unsuccessful effort to amend its centention by seeking
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Sheldon J. Wolfe, Esq., Chairman March 9, 1979 directed certification frem the Appeal Board of this Board's ruling prohibiting such amendment, misstated the position of EPA with respect to riverine and estuarine sitings in its Appeal Board pleading did Applicant utilize the corre-spondence from EPA to set the factual record straight.
Second, for the reasons discussed in Applicant's
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letter to the Board of January 26, 1979, Applicant under stands that while it has a duty to keep the Licensing Board and other parties advised regarding information which is relevant and material to matters being adj~udicated. there is no general Commission regulation requiring an applicant to serve on all parties copies of any and all correspondence between the Applicant and other agencies of the federal gov-ernment.
Third, Applicant only sent the November 3, 1978 EPA letter to the NRC Regulatory Staff on November 29, 1978 after Applicant had become aware that EPA had not directly communicated to the NRC Staff the clarification of the EPA views as set forth in that letter. In this regard, it should be noted that the NRC Staff also did not serve the parties with the EPA communication until NRDC misstated the position of EPA during the NRDC attempt to interject imper-missible consideration of specific riverine and estuarine sitings into this manufacturing license proceeding.
The second letter referred to by NRDC was the October 31, 1978 letter from Mr. Haga to Mr. Denton describ-ing a proposed schedule for responding to the Staff with respect to update review matters. Applicant did not serve this letter on the parties for the folicwing reason. During the course of any licensing review, there is a constant stream of correspondence between an applicant and the Staff relating to matters of application administration, schedul-ing and transmittals of responses to questions. Sometimes this communication also includes efforts to work out the scope of the response to a Staff request. Questions con-cerning when certain technical responses to Staff questions will be in the hands of the Staff and the scope of such responses are not normally relevant to matters in controversy in the proceeding. To the extent that answers to Staff ques-tions (as opposed to schedule matters) become incorporated into amendments to the Plant Design Report or the Environ-mental Report, such ccmments are, of course, made a matter of
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Sheldon J. Wolfe, Esq., Chairman March 9, 1979 public record in the proceeding. However, Applicant does not believe there is any requirement either under Commis-sion regulation or practice to provide letters proposing schedules and other similar information to all of the parties. Accordingly, such letters are not provided in the normal course. In this regard, it should be noted that copies of any letters sent to the Staff are placed by the Staff in the Public Document Room.
The Chairman also inquired as to whether similar Applicant-Staff correspondence has not been served in the past upon the parties. As is evident from the above com-ments, there is other correspondence relating to matters of administration, scheduling and scope of content of in-quiries which has not been served on the parties. It is the Staff practice to place such correspondence in the Public Document Room for general availability. In addi-tion, for completeness, we should advise the Board that there is some Applicant-Staff correspondence not of a simi-lar nature which also is not served routinely on the par-ties. Such correspondence is generally a preliminary Applicant position responding to Staff inquiry which ulti-mately results in a final formal position incorporated into the Plant Design Report by appropriate amendment.
The NRDC position contained in its January 30, 1979 letter accuses Applicant of having a " perverted con-cept or relevance". NRDC's position, however, which would requ.tre all communications between the Applicant and the Staff to be served on all parties would eliminate the con-cept of relevance to matters in controversy altogether.
Finally, Applicant would note that a requirement to serve every document similar to the documents referred to by NRDC would circumvent the Commission's discovery rules and practice insofar as discovery against an Applicant is concerned. In addition, as perusal of the Public Docu-ment Room attests, the volume of such information is sub-stantial and a requirement that every document sent by the Applicant to the Staff be served on all the parties would be extremely burdensome without any concomitant benefit.
Very truly yours,
/s/ Barton Z. Cowan Barton Z. Cowan Counsel for offshore Power Systems BZC:BB cc: Dr. David R. Schink Mr. Lester Kornblith, Jr.
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Sheldon J. Wolfe, Esq., Chairman Doc a ice Section Atomic Safety and Licensing Board Office '3 .T ecretary U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Washington, D. C. 20555 Dr. David R. Schink, Member Martin G. Malsch, Esq.
Atomic Safety and Licensing Board Office of the Executive Legal Department of Oceanography Director Texas A & M University U. S. Nuclear Regulatory Commission College Station, Texas 77840 Washington, D. C. 20555 Mr. Lester Kornblith, Jr., Member Stephen M. Schinki, Esq.
Atomic Safety & Licensing Board Panel Marc R. Staenberg, Esq.
U. S. Nuclear Regulatory Commission Office of the Executive Legal Washington, D. C. 20555 Director U. S. Nuclear Regulatory Commission Dr. David L. Hetrick, Alternate Member Washington, D. C. 20555 Atomic Safety and Licensing Board Professor of Nuclear Engineering Barton Z. Cowan, Esq.
The University of Arizona John R. Kenrick, Esq.
Tucson,' Arizona 85721 Eckert, Selmans , Cherin & Mellott 600 Grant Street Alan S. Rosenthal, Esq., Chairman Forty-Second Floor Atomic Safety and Licensing Appeal Pittsburgh, Pennsylvania 15219 Board Panel U. S. Nuclear Regulatory Commission Thomas M. Daugherty, Esq.
Washington, D. C. 20555 offshore Power Systems 8000 Arlington Expressway Alternate Chairman P. O. Box 8000 Atomic Safety and Licensing Appeal Jacksonville, Florida 32211 Board Panel U. S. Nuclear Regulatory Commission Carl Valore, Jr., Esq.
Washington, D. C. 20555 valore, McAllister, DeBrier, Aron
& Westmoreland Chief Hearing Counsel Mainland Professional Plaza Office of the Executive Legal Director 535 Tilton Road U. S. Nuclear Regulatory Commission P. O. Box 152 Washington, D. C. 20555 Northfield, New Jersey 08225
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Director (2)
Division of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission Washington, D. C. 20555 9 Page 1 of 2
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Mr. Harold P. Abrams, President Richard M. Bluchan, Esq. Atlantic County Citizens Council State of New Jersey on Environment Department of Law and Public Safety 9100 Amherst Avenue 36 West State Street Margate, New Jersey 08402 Trenton, New Jersey 08625 Dr. Willard W. Rosenberg, Chairman Anthony Z. Roisman, Esq. Energy Committee Natural Resources Defense Council, Inc. Atlantic County Citizens Council 917 Fifteenth Street, N.W. on Environment Washington, D. C. 20005 8 North Rumson Avenue Margate, New Jersey 08402 Keith A. Onsdorff, Esq.
Assistant Deputy Public Advocate Mr. John H. Williamson State of New Jersey Energy Committee Post Office Box 141 Atlantic County Citizens Council Trenton, New Jersey 08601 on Environment 211 Forest Drive Mr. George B. Ward Linwood, New Jersey 08221 Nuclear Power Plant Committee City Hall Brigantine, New Jersey 08203
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