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Category:INTERVENTION PETITIONS
MONTHYEARML20027E3171982-11-0505 November 1982 Contentions Re Steam Generator Replacement,Supplementing 820810 Petition to Intervene 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 ML20063C8901982-08-24024 August 1982 Answer Opposing Wi Environ Decade 820810 Petition to Intervene & Request for Hearing.Standing Not Demonstrated & Aspects as to Which Intervention Sought Not Specified. Notices of Appearance & Certificate of Svc Encl ML20062F7151982-08-10010 August 1982 Petition for Leave to Intervene in Steam Generator Replacement Proceeding & Petition for Hearing.Wi Environ Decade Has Recognized Life,Property & Financial Interests. Certificate of Svc Encl ML20011A3971981-10-0505 October 1981 Response Opposing Wi Environ Decade 810924 Statement of Bases for Proposed Contentions 3-7.No Specific Basis for Contentions Set Forth.Petition for Leave to Intervene Should Be Denied.Certificate of Svc Encl ML20010F3521981-08-31031 August 1981 Amend to Wi Environ Decade,Inc 810720 Petition to Intervene ML20010E5831981-08-31031 August 1981 Amended Petition to Intervene in Proceeding ML20010B1491981-08-0606 August 1981 Answer Opposing Wi Environ Decade 810720 Petition to Intervene & Request for Hearing.Commission Should Defer Consideration of Petition Pending NRC Review of Util License Amend Application.Certificate of Svc Encl ML20009D9531981-07-20020 July 1981 Petition for Admission as Party,Hearing & EIS Re Steam Generator Tube Sleeving Program.Certificate of Svc Encl ML19327A4611980-07-30030 July 1980 Petition for Participation as Interested State.Requests Institution of Hearing to Address Intervenor 800715 Contentions ML19321A5521980-07-15015 July 1980 Preliminary Contentions Alleging Possibility of Steam Generator Tube Rupture During Severe Loca.Contends That Continued Operation W/Significant Tube Degradation Poses Threat to Public.Certificate of Svc Encl 1982-09-28
[Table view] Category:RESPONSES & CONTENTIONS
MONTHYEARML20027E3171982-11-0505 November 1982 Contentions Re Steam Generator Replacement,Supplementing 820810 Petition to Intervene 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 ML20063C8901982-08-24024 August 1982 Answer Opposing Wi Environ Decade 820810 Petition to Intervene & Request for Hearing.Standing Not Demonstrated & Aspects as to Which Intervention Sought Not Specified. Notices of Appearance & Certificate of Svc Encl ML20062F7151982-08-10010 August 1982 Petition for Leave to Intervene in Steam Generator Replacement Proceeding & Petition for Hearing.Wi Environ Decade Has Recognized Life,Property & Financial Interests. Certificate of Svc Encl ML20011A3971981-10-0505 October 1981 Response Opposing Wi Environ Decade 810924 Statement of Bases for Proposed Contentions 3-7.No Specific Basis for Contentions Set Forth.Petition for Leave to Intervene Should Be Denied.Certificate of Svc Encl ML20010F3521981-08-31031 August 1981 Amend to Wi Environ Decade,Inc 810720 Petition to Intervene ML20010E5831981-08-31031 August 1981 Amended Petition to Intervene in Proceeding ML20010B1491981-08-0606 August 1981 Answer Opposing Wi Environ Decade 810720 Petition to Intervene & Request for Hearing.Commission Should Defer Consideration of Petition Pending NRC Review of Util License Amend Application.Certificate of Svc Encl ML20009D9531981-07-20020 July 1981 Petition for Admission as Party,Hearing & EIS Re Steam Generator Tube Sleeving Program.Certificate of Svc Encl ML19327A4611980-07-30030 July 1980 Petition for Participation as Interested State.Requests Institution of Hearing to Address Intervenor 800715 Contentions ML19321A5521980-07-15015 July 1980 Preliminary Contentions Alleging Possibility of Steam Generator Tube Rupture During Severe Loca.Contends That Continued Operation W/Significant Tube Degradation Poses Threat to Public.Certificate of Svc Encl 1982-09-28
[Table view] 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] |
Text
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p 1 August 6, 1981 S \l p AUG10 193; -uI
-l UNITED STATES OF AMERICA C"C' d S s mq ) l BEFORE THE NUCLEAR REGULATORY COMMISSION k '
C' S 64:3 urch 1
/ l WISCONSIN ELECTRIC POWER COMPANY ) Docket Nos. 50-266' N
) and 50-301 (Point Beach Nuclear Plant ) (OL Amendment} CD Units 1 and 2) )
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' JG 1319815 C LICENSEE' S ANSWER OF WISCONSIN'S IN OPPOSITION ENVIRONMENTAL DECADE '
TO PETITION I FOR ADMISSION AS PARTY, HEARING AND A .. * * ' " "
ENVIRONMENTAL IMPACT STATEMENT N 4/h i- s By letter dated July 2, 1981, Wisconsin Electric Power Company (" Licensee") filed with the Director of the Office of Nuclear Reactor Regulation ("NRR") Technical Specification Change Request No. 69. In this Request, Licensee seeks to amend Facility Operating Licenses DPR-24 and DPR-27 for the Point Beach Nuclear Plants Units 1 and 2, respectively. Specif-ically, Nuclear Regulatory Commission (" Commission") c.pproval of these license amendments would permit Licensee to conduct as part of a demonstration program during the fall 1981 refueling outage a verification that degraded or defective steam generator tubes at Point Beach Nuclear Plant Unit 1 can be repaired by inserting Inconel 600 sleeves inside the tubes, thereby bridging l the degraded or defective portion of the original tubes. Licensee plans to sleeve several tubes whose degradation exceeds the Point Beach Nuclear Plant Unit l's present Technical Specifica-tion plugging limit.
D ADOC O 266 Y G PDR $ l Ull
In response to Licensee's July 2 letter, Wisconsin's Environmental Decade, Inc. (" Decade") filed a petition on July 20, 1981. In its petition, Decade requests the Commis-sion to convene an adjudicatory hearing on the proposed licence amendments, and to admit Decade as an intervenor therein.
Decade also asks the Commission to prepare an environmental impact statement ("EIS") on the proposed license emendments.
For the reasons enumerated below, Licensee asks that the Com -
mission defer consideration of the subject petition pending Staff review of Licensee's license amendment application.
Whenever a holder of an operating license desires to amend its license, it must apply for an amendment with the Commission fully describing the changes desired. 10 CFR S 50.90.
If the requested amendment involves a so-called "significant hazards consideration," the Commission will give notice of its -
proposed action by publication in the Federal Register before acting on the amendment. 42 U.S.C. S 2239 (a); 10 CFR SS 50.91, 2.105. No such' prior notice, with opportunity for hearing, is necessary if the amendment does not involve a significant l
hazards consideration. (Of course, the Commission, in its dis-cretion, can dctermine that an opportunity for a public hearing should be afforded. 10 CFR S 2.105 (a) (4) . ) */
l t
- In support of its request for a hearing and to intervene, Decade inappropriately relies upon Sholly v. NRC, __ F.2d (D.C. Cir. November 19, 1980). While the Sholly deci-sIon ordinarily would be relevant, the mandate of the Court in Sholly was stayed on January.6, 1981, extended on February 12, 1981, and the Commission's petition for certiorari was granted by the Supreme Court on May 26, 1981. The District l (Continued on page 3)
In the present case, Licensee applied for the sleeving license amendments pursuant to 10 CFR S 50.59 in its July 2, 1981 letter. The Commission has not had the opportunity to prepare and issue a safety evaluation in which a formal deter-mination is reached by NRR on whether these amendments involve any significant hazards considerations. Nor has the Commission had the opportunity to consider the environmental impact of sleeving defective or degraded steam generator tubes.at Point Beach. Decade's petition therefore is premature and should be held in abeyance at this juncture pending Staff resolution of these matters and publication in the Federal Register of the Staff's proposed action. Coincident with this determination, Decade's petition should be considered according to the standard enunciated i.. .0 CFR S 2.714, concerning petitions to intervene.__/
The rationale for deferring Decade's petition is partic-
! ularly compelling in view of the Staff's prior consideration l
~
and disposition of these issues in connection with the extensive (Footnote continued from page 2)
I of Columbia Court of Appeals' decision therefore has no present l force or effect. See Federal Rules of Appellate Procedure,
! Rule 41(b) (1980). Furthermore, the applicable criteria for determining whether a-proposed snendment to an operating license involves a significant hazards consideration are those used by the NRC prior to Sholly. See, e.g., Commodity Futures Trading Commission v. British American Commodity Options Corp. , 434 U.S.
1316, 1320 (1977) (" stays entered by the Court of Appeals merely j preserve the regulatory status quo pending final action by this Court").
- Of course, Decade is free to amend its petition at any time-up to fifteen days prior to the holding of the special prehearing conference, e.g., to set forth with particularity the personal interest of at least one of its members in this proceeding.
, See Houston Lighting and Power Company (Allens Creek Nuclear Generating Station, Unit 1) , ALAB-535, 9 N.R.C. 377, 390 (1979).
l .
m plugging and sleeving program at San Onofre Nuclear Generating Station, Unit 1. On June 8, 1981, NRR issued a Safety Evalua-tion Report ("SER"), Environmental Impact Appraisal ("EIA")
and Negative Declaration on the steam generator repair project conducted by Southern California Edison Corpany at San Onofre.
After evaluating in detail the sleeve repair method proposed by Southern California Edison, the Staff concluded in its SER that it "provides a sound technique for restoring the integrity of degraded or defective steam generator tubing as a primary p ressure boundary, and, thus, provides an acceptable alterna-tive to tube plugging as a repair procedure." Southern Cali-fornia Edison Company (San Onofre Nuclear Generating Station, Unit 1), Docket No. 50-206, Safety Evaluation by the Office of Nuclear Reactor Regulation Supporting Amendment No. 55 to Pro-visional Operating License No. DPR-13, Steam Generator Repair Program and Restart, June 8, 1981, at 13. Moreover, based on its safety evaluation, the Staff further concluded that (1) because the amendment does not involve a significant increase in the probability or consequences of accidents previously considered and does not involve a significant decrease in a safety margin the amendment does not involve a significant hazards consideration, (2) there is reasonable assurance that the health and safety of the public will not be endangered by operation in the proposed manner, and (3) such activities wi'l be conducted in compliance with the Commission's regulations and the issuance of this amendment will not be inimical to the common defense and security or to the health and safety of the public.
Id., at 23.
-. . . . ~
i The Point Beach sleeving demonstration and sleeving programs will utilize a sleeve and joints of the same or similar design as the sleeves and joints that have~ been installed at San Onofre. See July 2, 1981 letter from Licensee to Harold R.
Denton, Director, Office of NRR, at 2. In both repair programs, the sleeves are fabricc* ed from thermally treated Inconel 600 tubing. Comparc San Onofre SER Supporting Amendment No. 55, at 4, with July 2, 1981 letter from Licensee to Harold R. Denton, Director, Office of NRR, at 2. In order to demonstrate that data developed for San Onofre are applicable to the Point Beach steam generators, Licensee will be performing confirmatory testing, including leak rate testing and load carrying capability, with the Point Beach size steam generator tubing. Id. Thus, it is likely that the Staff will find no significant hazards considera-tion involved in the Point Beach sleeving demonstration peoject.
l Similarly, while Decade contends that an EIS must be prepared addressing the environmental. impact of Licensee's.
sleeving program, the Staff found preparation of an EIS' unneces-sary at San Onofre. An EIA was prepared by the Staff on the l
l San Onofre steam generator repair program which assessed the environmental impacts of the sleeving project, inclu ing pro-jected cccupational and public radiation exposure levels, j Based on its assessment, the Staff concluded that the San Onofre steam generator repair program would not significantly affect the quality of the human environment. See Southern California Edison Company (San Onofre Nuclear Generating l
i
Station Unit 1), Docket No. 50-206, EIA by the Office of NRR, Supporting Amendment No. 55 to Provisional Operating License No. DPR-13, June 8, 1981, at 5-1. Accordingly, a negative declaration was issued. There is no reason to believe that Licensee's sleeving amendments will result in a contrary en-vironmental finding.
The Staff's review of the San onofre sleeving program is all the more relevant here since Decade raises no factual allegations unique to Licensee. Rather, Decade's concerns are with the sleeving process generally, and its safety and environ-mental consequences. See Decade Petition, at 3-4. Thus, the petition identifies the very issues which the Staff satisfac-torily resolved in its SER and EIA on the San Onofre steam generator repair program, e.g., eddy current test capabilities and, radiation hazards. In summary, all evaluations to date suggest that the Licensee's sleeving program invo'ves no significant hazards considerations and does not require issu-l ance of an EIS.
Finally, while Licensee recognizes the Commission's discretionary authority to convene a hearing prior to acting i
on Licensee's amendment request, no basis exists for the Com-l l
mission's exercising its discretion in this instance. Decade has alleged no rationale for the Commission taking exception to l
l its general rule allowing for NRC resolution of a license amend-ment without a prior hearing if the amendment involves no signi-ficant hazards consideration. On the other hand, the delay which would ensue if a hearing is convened on the rec.aested amendment would result in either deferral of the proposed sleeving program or a sleeving demonstration program without the use of defective tubes. Both results would significantly impede further confirma-tion of the effectiveness of sleeving as a sound and effective alternative to tube plugging.
Licensee therefore recommends that the Commission defer consideration of De'cade's petition until the Staff has c:ompleted its safety and environmental reviews and entertain Decade's request for a hearing at that juncture.
Respectfully submit:ed, SHAW, PITTMAN, POTTS & TROWBRIDGE I ,
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Cerald Charnoff -
Counsel for Licensee 1800 M Street, N.W.
Washington, D.C. 20036 (202) 822-1032 Dated: August 6, 1981
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. August 6, 1981 UNITED STATES OF AMERICA BEFORE THE NUCLEAR REGULATORY COMMISSION WISCONSIN ELECTRIC POWER COMPANY ) Docket Nos. 50-266
) and 50-301 (Point Beach Nuclear Plant ) (OL Amendment)
Un!',s 1 and 2) )
i CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing " Licensee's Answer in Opposition to Petition of Wisconsin's Environmental Decade for Admission as Party, Hearing and Environmental Impact Statement" were served this 6th day of August, 1981 by deposit in the U.S. mail, first class, postage prepaid, upon the following:
Mr. Harold R. Denton Director Nuclear Reactor Regulation Nuclear Regulatory Commission Washington, D.C. 20555 Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Kathleen M. Falk, Esq.
Wisconsin's Environmental Decade 302 East Washington Avenue, Suite 203 Madison, Wisconsin 53703 l 1 (. .
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Ge,rald Charnoff e
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