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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20196G4021999-06-18018 June 1999 Comment on FRN Re Rev of NRC Enforcement Policy NUREG-1600, Rev 1 & Amend of 10CFR55.49.Concurs with Need to Provide Examples That May Be Used as Guidance in Determining Appropriate Severity Level for Violations as Listed ML20206H1881999-05-0606 May 1999 Exemption from Requirements of 10CFR50,App K Re ECCS Evaluation Models. Commission Grants Licensee Exemption ML20206M5111999-04-30030 April 1999 Comment Supporting Draft RG DG-1083 Re Content of UFSAR IAW 10CFR50.71(e). Recommends That Listed Approach Be Adopted for Changes to Documents Incorporated by Ref CY-99-007, Comment Supporting Proposed Changes to Improve Insp & Assessment Processes for Overseeing Commercial Nuclear Industry That Were Published in Fr on 990122 & in SECY-99-0071999-02-22022 February 1999 Comment Supporting Proposed Changes to Improve Insp & Assessment Processes for Overseeing Commercial Nuclear Industry That Were Published in Fr on 990122 & in SECY-99-007 TXX-9825, Comment Endorsing NEI Comments on Proposed Rulemaking to 10CFR50.65, Requirements for Monitoring Effectiveness at Npps1998-12-14014 December 1998 Comment Endorsing NEI Comments on Proposed Rulemaking to 10CFR50.65, Requirements for Monitoring Effectiveness at Npps ML20154C4101998-09-30030 September 1998 Comment Re Proposed Rule 10CFR50 Re Reporting Requirements for Nuclear Power Reactors.Comanche Peak Electric Station Endorses NEI Comment Ltr & Agrees with NEI Recommendations & Rationale ML20216E1051998-04-0707 April 1998 Comment Supporting Draft RG DG-1029 Titled Guidelines for Evaluating Electromagnetic & Radio-Frequency Interference in Safety-related Instrumentation & Control Sys ML20217H3611998-03-26026 March 1998 Comment Opposing Draft GL 97-XX, Lab Testing of Nuclear Grade Charcoal, Issued on 980225.Advises That There Will Be Addl Implementation Costs ML20198Q4851998-01-16016 January 1998 Comment Opposing PRM 50-63A by P Crane That Requests NRC Amend Regulations Re Emergency Planning to Require Consideration of Sheltering,Evacuation & Prophylactic Use of Potassium Iodide for General Public ML20211A4871997-09-12012 September 1997 Changes Submittal Date of Response to NRC RAI Re Proposed CPSES risk-informed Inservice Testing Program & Comments on NRC Draft PRA Documents ML20149L0311997-07-21021 July 1997 Comment on Draft Guides DG-1048,DG-1049 & DG-1050.Error Identified in Last Line of DG-1050,item 1.3 of Section Value/Impact Statement.Rev 30 Should Be Rev 11 ML20140A4871997-05-27027 May 1997 Comment Opposing Proposed Rule Re Safety Conscious Work Environ.Util Agrees W/Nuclear Energy Inst Comment Ltr ML20133G5411996-12-0505 December 1996 Transcript of 961205 Meeting in Arlington,Tx Re Comanche Peak Thermo-Lag Fire Barriers. Pp 1-111 ML20135B7881996-11-29029 November 1996 Order Approving Corporate Restructuring of TU to Facilitate Acquistion of Enserch Corp ML20128M8011996-10-0303 October 1996 Comment Opposing Proposed NRC Generic Communication, Primary Water Stress Corrosion Cracking of Control Rod Drive Mechanism & Other Vessel Head Penetrations ML20097D7321996-02-0909 February 1996 Comment Opposing Petition for Rulemaking PRM-50-63 Re CPSES Request for Amend to Its Regulations Dealing W/Emergency Planning to Include Requirement That Emergency Planning Protective Actions for General Public Include Listed Info ML20094Q6421995-11-28028 November 1995 Comment Supporting Petition for RM PRM-50-62 Re Amend to Regulation Re QAPs Permitting NPP Licensees to Change Quality Program Described in SAR W/O NRC Prior Approval If Changes Do Not Potentially Degrade Safety or Change TSs ML20094H4801995-11-0808 November 1995 Comment Supporting Nuclear Energy Inst Comments on Proposed Rules 10CFR60,72,73 & 75 Re Safeguards for Spent Nuclear Fuel or high-level Radwaste ML20091M6441995-08-25025 August 1995 Comment Opposing Proposed Rule Re Review of Revised NRC SALP Program.Believes That NRC Should Reconsider Need for Ipap or SALP in Light of Redundancy ML20086M7921995-07-0707 July 1995 Comment Supporting Proposed GL Process for Changes to Security Plan Without Prior NRC Approval ML20084A0181995-05-19019 May 1995 Comment Suporting Proposed Rule 10CFR50 Re Containment Leakage Testing.Supports NEI Comments ML20077M7311994-12-30030 December 1994 Comments Opposing Proposed Rule 10CFR50 Re Shutdown & Low Power Operations for Nuclear Power Reactors ML20077L8711994-12-22022 December 1994 Comment Supporting Proposed Rule 10CFR50,55 & 73 Re Reduction of Reporting Requirements Imposed on NRC Licensees ML20073B6731994-09-19019 September 1994 Affidavit of Cl Terry Re License Amend Request 94-015 ML20073B6951994-09-19019 September 1994 Affidavit of Cl Terry Authorizing Signing & Filing W/Nrc OL Amend Request 94-016 ML20058E0561993-11-10010 November 1993 Comment on Proposed Rule Re Staff Meetings Open to Public. Believes That NRC Has Done Well in Commitment to Provide Public W/Fullest Practical Access to Its Activities ML20056G3351993-08-27027 August 1993 Comment Opposing Proposed Rule 10CFR2 Re Review of 10CFR2.206 Process ML20045D8321993-06-11011 June 1993 Comment Supporting Proposed Rules 10CFR50 & 54, FSAR Update Submittals. ML20044F3271993-05-21021 May 1993 Comments on Draft NRC Insp Procedure 38703, Commercial Grade Procurement Insp, Fr Vol 58,Number 52.NRC Should Use EPRI Definitions for Critical Characteristics ML20056C0831993-03-19019 March 1993 Texas Utils Electric Co Response to Petitioners Motion to Stay Issuance of Full Power License.* Licensee Urges NRC to Reject Petitioners Motion & to Deny Petitioners Appeal of 921215 Order.Motion Should Be Denied.W/Certificate of Svc ML20056C1881993-03-17017 March 1993 Order.* Directs Util to Respond to Motion by COB 930319 & NRC to Respond by COB 930322.W/Certificate of Svc.Served on 930317 ML20128D9651993-02-0303 February 1993 Memorandum & Order.* Stay Request Filed by Petitioners Denied.W/Certificate of Svc.Served on 930203 ML20128F6221993-02-0303 February 1993 Transcript of 930203 Affirmation/Discussion & Vote Public Meeting in Rockville,Md.Pp 1-2.Related Info Encl ML20128D3391993-02-0202 February 1993 Emergency Motion to Stay Issuance of low-power Ol.* Petitioners Specific Requests Listed.W/Certificate of Svc ML20128D4651993-02-0202 February 1993 Texas Utils Electric Co Response to Emergency Motion to Stay Issuance of low-power Ol.* Petitioner Request Should Be Denied Based on Failure to Meet Heavy Burden Imposed on Party.W/Certificate of Svc ML20128D3461993-01-29029 January 1993 NRC Staff Notification of Issuance of OL for Facility.* Low Power License May Be Issued by 930201.W/Certificate of Svc ML20128D6321993-01-29029 January 1993 Memorandum & Order.* Denies Citizens for Fair Util Regulation for Fr Notice Hearing on Proposed Issuance of OL for Facility.W/Certificate of Svc.Served on 930129 ML20127L9321993-01-26026 January 1993 Affidavit of Re Architzel Re Thermo-Lag Installation at Testing for Unit 2.* Statement of Prof Qualifications Encl ML20128D6111993-01-26026 January 1993 Joint Affidavit of I Barnes & Ft Grubelich Re Borg-Warner Check Valves.* Discusses Issues Re Borg-Warner Check Valves Raised by Cfur & Adequacy of Actions Taken by TU Electric ML20127L9181993-01-26026 January 1993 NRC Staff Reply to Cfur Request for Publication of Proposed Action Re Licensing of Unit 2.* Cfur Request That Notice Re Licensing of Unit 2 Be Published Permitting Parties to Request Hearings Should Be Denied ML20127L9661993-01-26026 January 1993 Affidavit of Rl Pettis Re Borg-Warner Check Valves.* Statement of Prof Qualifications & Certificate of Svc Encl ML20127L9091993-01-25025 January 1993 Tx Util Electric Response to Citizens for Fair Util Regulation Request of 930113.* Request Fails to Raise Worthy Issue & Should Be Denied.W/Certificate of Svc ML20127L8891993-01-21021 January 1993 Order.* License Should File Response to Citizens for Fair Util Regulation Ltr Requesting That Commission Issue Fr Notice Providing for Opportunity for Hearing Re Issuance of OL by 930125.W/Certificate of Svc.Served on 930122 ML20127G9191993-01-19019 January 1993 Order.* Grants Petitioners Extension of Time Until 930122 to File Brief.Replies to Petitioners Brief Shall Be Filed on or Before 930208.W/Certificate of Svc.Served on 930119 ML20127G9441993-01-19019 January 1993 TU Electric Brief in Opposition to Petitioners Appeal of ASLB Memorandum & Order.* Requests That Petitioners Appeal Be Denied & Licensing Board 921215 Memorandum & Order Be Affirmed.W/Certificate of Svc ML20127G8041993-01-15015 January 1993 NRC Staff Response to Appeal of Licensing Board Decision Denying Petition for Leave to Intervene & Request for Hearing Filed by Bi & Di Orr.* Board 921215 Decision Should Be Upheld.Certificate of Svc Encl ML20127G7451993-01-14014 January 1993 NRC Staff Response to Motion of Petitioners RM Dow & SL Dow, (Disposable Workers of Comanche Peak Steam Electric Station),For Leave to File Out of Time & Request for Extension of Time to File Brief.* W/Certificate of Svc ML20127G7941993-01-12012 January 1993 Opposition of TU Electric to Motion for Leave to File Out of Time & Request for Extension of Time to File Brief by SL Dow (Disposable Workers of Comanche Peak Steam Electric Station) & RM Dow.* W/Certificate of Svc ML20127A5931993-01-0808 January 1993 Brief in Support of Petitioner Notice of Appeal.Aslb Erred by Not Admitting Petitioner Contention & Action Should Be Reversed.W/Certificate of Svc ML20127A6371993-01-0707 January 1993 Notice of Appeal.* Appeal Submitted Due to 921215 Memo Denying Petitioner Motion for Rehearing & Petition for Intervention & Request for Hearings.Proceedings Were Terminated by Aslb.W/Certificate of Svc 1999-06-18
[Table view] Category:PLEADINGS
MONTHYEARML20056C0831993-03-19019 March 1993 Texas Utils Electric Co Response to Petitioners Motion to Stay Issuance of Full Power License.* Licensee Urges NRC to Reject Petitioners Motion & to Deny Petitioners Appeal of 921215 Order.Motion Should Be Denied.W/Certificate of Svc ML20128D3391993-02-0202 February 1993 Emergency Motion to Stay Issuance of low-power Ol.* Petitioners Specific Requests Listed.W/Certificate of Svc ML20128D4651993-02-0202 February 1993 Texas Utils Electric Co Response to Emergency Motion to Stay Issuance of low-power Ol.* Petitioner Request Should Be Denied Based on Failure to Meet Heavy Burden Imposed on Party.W/Certificate of Svc ML20127L9091993-01-25025 January 1993 Tx Util Electric Response to Citizens for Fair Util Regulation Request of 930113.* Request Fails to Raise Worthy Issue & Should Be Denied.W/Certificate of Svc ML20127G9441993-01-19019 January 1993 TU Electric Brief in Opposition to Petitioners Appeal of ASLB Memorandum & Order.* Requests That Petitioners Appeal Be Denied & Licensing Board 921215 Memorandum & Order Be Affirmed.W/Certificate of Svc ML20127G7451993-01-14014 January 1993 NRC Staff Response to Motion of Petitioners RM Dow & SL Dow, (Disposable Workers of Comanche Peak Steam Electric Station),For Leave to File Out of Time & Request for Extension of Time to File Brief.* W/Certificate of Svc ML20127G7941993-01-12012 January 1993 Opposition of TU Electric to Motion for Leave to File Out of Time & Request for Extension of Time to File Brief by SL Dow (Disposable Workers of Comanche Peak Steam Electric Station) & RM Dow.* W/Certificate of Svc ML20127A6131993-01-0707 January 1993 Motion for Leave to File Out of Time & Request for Extension of Time to File Brief.* Petitioners Did Not Receive Order in Time to Appeal & Requests 15 Day Extension from Motion Filing Date to Respond.W/Certificate of Svc ML20127A7911992-12-31031 December 1992 Petitioner Amended Motion for Continuance to File Appeal Brief.* Petitioners Requests Until C.O.B. on 930108 to File Appeal Brief.W/Certificate of Svc ML20127A7641992-12-30030 December 1992 Petitioner Motion for Continuance to File Appeal Brief.* Counsel Requests That Petitioners Be Granted Until 930109 to File Brief in Support of Notice of Appeal.W/Certificate of Svc ML20128C9751992-12-0303 December 1992 NRC Staff Response to Motion to Compel Disclosure of Info Secreted by Restrictive Agreements & Notification of Addl Evidence Supporting Petition to Intervene by B Orr,D Orr, J Macktal & Hasan.* W/Certificate of Svc ML20128B8721992-11-27027 November 1992 NRC Staff Response to Motion for Rehearing by RM Dow, Petitioner.* Motion for Rehearing Should Be Denied for Reasons Explained in Encl.W/Certificate of Svc ML20128A0271992-11-25025 November 1992 Texas Utilities Electric Co Answer to Motion to Compel Disclosure of Info Secreted by Restrictive Agreements.* Util Requests That Petitioners 921118 Motion to Compel Be Denied in Entirety.Certificate of Svc Encl ML20127P8181992-11-25025 November 1992 Texas Utilities Electric Co Answer to Notification of Addl Evidence Supporting Petition to Intervene.* Petitioners Notification Procedurally Improper & Substantively Improper & Should Be Rejected by Board.W/Certificate of Svc ML20116M4591992-11-19019 November 1992 TU Electric Opposition to Motion for Rehearing by RM Dow.* RM Dow 921110 Motion for Rehearing Should Be Denied.W/ Certificate of Svc ML20127M4271992-11-15015 November 1992 Motion to Compel Disclosure of Info Secreted by Restrictive Agreements.* Petitioners Bi Orr,Di Orr,Jj Macktal & SMA Hasan Requests That Board Declare Null & Void Any & All Provisions in Settlement Agreements.W/Certificate of Svc ML20116M3181992-11-10010 November 1992 Motion for Prehearing by RM Dow,Petitioner.* Requests Period of Ten Days to File Supplemental Pleading to Original Petition.Certificate of Svc & Statement Encl ML20106D8881992-10-0808 October 1992 Opposition of Util to Motion for Extension of Time to File Brief by SL Dow Doing Business as Disposbale Workers of Plant & RM Dow.* Request for Extension of Time & to Become Party to Proceeding Should Be Rejected.W/Certificate of Svc ML20106D2821992-10-0505 October 1992 Motion for Extension of Time to File Brief by SL Dow Doing Business as Disposable Workers of Comanche Peak Steam Electric Station & RM Dow.* Petitioner Requests 30-day Extension.W/Certificate of Svc ML20101P5891992-06-30030 June 1992 Response of Texas Utils Electric to Comments of Cap Rock Electric Cooperative,Inc. Dispute Strictly Contractual Issue Involving Cap Rock Efforts to Annul Reasonable Notice Provisions of 1990 Power Supply Agreement ML20127K8141992-05-19019 May 1992 Request to Institute Proceeding to Modify,Suspend or Revoke License Held by Util for Unit 1 & for Cause Would Show Commission That Primary Place of Registration for Organization Is Fort Worth,Tarrant County,Tx ML20096A6281992-05-0707 May 1992 Applicants Reply to Opposition cross-motions for Summary Disposition & Responses to Applicants Motion for Summary Disposition.* Applicants Conclude NRC Has No Authority to Retain Antitrust Licensing Conditions.W/Certificate of Svc ML20095C4691992-04-17017 April 1992 TU Electric Answer to Application for Hearings & Oral Argument by M Dow & SL Dow.* Concludes That NRC Should Deny Application for Oral Argument & Hearings on Petition to Intervene & Motion to Reopen.W/Certificate of Svc ML20091E2561992-04-0606 April 1992 Application to Secretary for Hearings & Oral Argument in Support of Motion for Leave to Intervene out-of-time & Motion to Reopen Record Submitted by SL Dow Dba Disposable Workers of Comanche Peak Steam Electric Station & RM Dow.* ML20094K4161992-03-16016 March 1992 TU Electric Answer to Petition to Intervene & Motion & Supplemental Motion to Reopen by M Dow & SL Dow & TU Electric Request for Admonition of Dows.* Concludes That Motion Should Be Dismissed.W/Certificate of Svc ML20091A0461992-03-13013 March 1992 Suppl to Motion to Reopen Record.* Requests That NRC Reopen Record & Suspend License Pending New Hearings on Issue. W/Certificate of Svc ML20090C4241992-02-24024 February 1992 Motion to Reopen Record.* Requests That NRC Reopen Record & Suspend OL for Unit 1 & CP for Unit 2,pending Reopening & Final Decision.W/Certificate of Svc ML20090C4431992-02-21021 February 1992 Petition for Leave to Intervene Out of Time.* Requests That Petition for Leave to Intervene Out of Time Be Granted for Listed Reasons.W/Certificate of Svc ML20086Q3811991-12-26026 December 1991 Case Response to Portions of Motion of R Micky & Dow to Reopen Record.* Submits Responses to Motions to Reopen Record ML20086Q3121991-12-26026 December 1991 Case Motion for Leave to File Response to Portions of Motion of R Micky & Dow to Reopen Record.* Requests That NRC Recognize J Ellis as Case Representative for Filing & Pleading Purposes.W/Limited Notice of Appearance ML20091G2511991-12-0202 December 1991 Licensee Answer to Motion to Reopen Record by M Dow & SL Dow.* Requests That Petitioners Motion Be Denied for Listed Reasons.W/Certificate of Svc & Notices of Appearance ML20086G7381991-11-22022 November 1991 Motion to Reopen Record.* Requests That Licensing Board Reopen Record & Grant Leave to File Motion to Intervene. W/Certificate of Svc ML20006C4811990-02-0101 February 1990 Applicant Answer to Request for Stay by Citizens for Fair Util Regulation (Cfur).* Cfur Failed to Satisfy Burden to Demonstrate Necessity for Stay & Request Should Be Denied. Certificate of Svc Encl ML20006B1691990-01-27027 January 1990 Second Request for Stay Citizens for Fail Util Regulation.* Requests That NRC Stay Fuel Loading & Low Power Operation of Unit 1 Until 900209.Certificate of Svc Encl ML20248J3601989-10-15015 October 1989 Request for Stay Citizens for Fair Util Regulation.* Requests That Commission Retain Authority to Order That Fuel Loading & Low Power License Not Be Immediately Effective,Per Util Intent to Request License.Certificate of Svc Encl ML20246B8671989-08-17017 August 1989 Motion for Reconsideration of NRC Memorandum & Order CLI-89-14.* NRC Should Excuse Itself from Consideration on Matters Re Jj Macktal & Should Refer All Issues on NRC Requested Subpoena to Independent Adjudicatory Body ML20248D6291989-08-0202 August 1989 Jj Macktal Statement Re Motion for Recusation.* Macktal Motion Considered Moot Due to Commission No Longer Having Jurisdiction to Consider Motion Since Macktal Not Party to Proceeding Before Nrc.W/Certificate of Svc ML20247Q3851989-07-26026 July 1989 Withdrawal of Motion to Reopen Record.* Withdraws 890714 Motion to Reopen Record.W/Certificate of Svc ML20245J7331989-07-26026 July 1989 Request of Cap Rock for Reevaluation of Director'S Determination That No Significant Changes in Licensee Activity Warrant Antitrust Review at OL Stage.Certificate of Svc Encl ML20247B5901989-07-19019 July 1989 Motion to Reopen Record.* Requests Board to Reopen Record & Grant Leave to Renew Earlier Motion for Intervention Status. W/Supporting Documentation & Certificate of Svc ML20248D5731989-07-0303 July 1989 Motion for Reconsideration.* Requests Reconsideration of NRC 890122 Order on Basis That NRC Subpoena Filed for Improper Purposes & NRC Lacks Jurisdiction Over Matters Presently Before Dept of Labor ML20248D5541989-07-0303 July 1989 Motion for Recusation.* Requests That NRC Recuse from Deciding on Macktal Cases on Basis That NRC Will Not Be Fair & Impartial Tribunal.W/Certificate of Svc ML20245J9411989-06-30030 June 1989 Response of Texas Utils Electric Co to Request of Cap Rock Electric Cooperative,Inc,For Order Enforcing & Modifying Antitrust License Conditions ML20248D4891989-06-13013 June 1989 Motion for Protective Order.* Requests That Jj Macktal Deposition Be Taken at Stated Address in Washington,Dc & That Testimony Remain Confidential.W/Certificate of Svc ML20011E8571989-02-10010 February 1989 Reply of Cap Rock Electric Cooperative,Inc to Comments of Texas Utils Electric Co.* Texas Utils Response Considered Irrelevant,Mainly Incorrect or Misleading.Certificate of Svc Encl ML20155A8251988-10-0303 October 1988 NRC Staff Response to Citizens for Fair Util Regulation First Suppl to Request for Hearing & Petition for Leave to Intervene.* Petition & Requests for Hearings Should Be Denied.W/Certificate of Svc ML20154Q2021988-09-28028 September 1988 Applicant Reply to Citizens for Fair Util Regulation (Cfur) First Suppl to 880811 Request for Hearing & Petition for Leave to Intervene.* Cfur Request Should Be Denied. Certificate of Svc Encl ML20150E2131988-07-13013 July 1988 Citizens Audit Motion for Stay & Motion for Sua Sponte Relief.* Requests Time to Review Concerns of J Doe & for Relief for Listed Items in Order to Act as Intervenor in Proceeding.W/Certificate of Svc ML20151A6181988-07-12012 July 1988 Motion for Petitioners to Appear Pro Se.* Petitioners Request to Appear Before Board at 880713 Hearing in Order to Present Arguments in Support of Petitioners Motions & for Stay of Proceedings.W/Certificate of Svc ML20150E1831988-07-12012 July 1988 Response of Applicant to Motions to Stay,To Intervene & for Sua Sponte Relief Filed by Various Petitioners.* Papers Filed by Petitioners Should Be Rejected & Denied & Dismissal of Proceedings Be Completed.W/Certificate of Svc 1993-03-19
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March 10, 1902 UNITED STATES OF AMERICA U$$I9 NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD p jj fn p)
In the Matter of )
)
TEXAS UTILITIES GENERATING ) Docket Nos. 50-445 and COMPANY, et al. ) 50-446 ,
)
(Comanche Peak Steam Electric ) (Application for Y
Station, Units 1 and 2) ) Operating Lice S' ECElvgg 3 APPLICANTS' ANSWER TO CFUR'S MOTION FOR -, 9 MAR)2798pg,j VOLUNTARY WITHDRAWAL AND RESPONSE TO BOAR 6 INVITATION FOR VIEWS ON CONTENTIONS y as Pursuant to 10 C.F.R. S 2.730(c), Texas Utilities Generating Company, et al. (" Applicants") hereby serve their answer to the Motion of Citizens for Fair Utility Regulation
("CFUR") for Voluntary Withdrawal of Contentions Two, Three, Five and Seven, filed February 23, 1982. Applicants also set forth below their response to the Board's invitation in its February 9, 1982 Order Cancelling Scheduled Evidentiary Session for the parties' views on the appropriate disposition of CFUR's contentions. In view of the Board's March 5, 1982 Order (Granting Summary Disposition of Contentions 2 and 7),
Applicants' response is limited to matters concerning Contentions 3 and 5. For the reasons set forth below, Applicants urge the Board to grant CFUR's motion for voluntary withdrawal f rom the proceeding, to dismiss CFUR as a. party-intervenor, and dismiss Contention 3.
l 8203120271 820310 PDR ADOCK 05000445 G PDR
4 e
- I. ANSWER TO CFUR's MOTION FOR VOLUNTARY WITHDRAWAL On June 16, 1982, the Board issued its Order Subsequent to the Prehearing Conference of April 30, 1980, in which twenty-five contentions were admitted to this proceeding.
Of those twenty-five contentions, CFUR was the sole sponsor of Contentions 1-3 and 6-9 (7 Contentions) and joint sponsor of Contentions 4 and 5.
Thereafter, on December 31, 1980, the Board issued a Memorandum and Order consolidating the intervenors. In that Order the Board designated CFUR lead party-intervenor for the seven contentions for which it was sole sponsor, and for one of the contentions (Contention 4) for which it had been joint sponsor. 1/ The Board subsequently accepted CFUR's withdrawal of Contentions 1, 4, 6 and 9 from further consideration in this proceeding, 2/ dismissed Contention 8, 3/
and recently summarily dismissed Contentions 2 and 7. 4/
1/ The other joint sponsor of Contention 4 was ACORN, which was dismissed as a party by the Board's Memorandum and
. Order of July 24, 1981.
2/ See December 18, 1981, Order Subsequent to Prehearing Conference of December 1, 1981 concerning dismissal of Contention 9 following Stipulation; See also January 25, 1982 Order Dismissing Contentions 1, 4 and 6.
3/ See July 28, 1981, Memorandum and Order.
4/ Order (Granting Summary Disposition of Contentions 2 and 7),
March 5, 1982.
Thus, the sole issue remaining with respect to the status of CFUR's Contentions is the disposition of Contentions 3 and 5.
Since CFUR has been the sole intervenor to press Contention 3,'
the Board should grant CFUR's motion tor withdrawal with respect to that Contention. 5/ Further, in view of the Board's severance of the consolidation ot CASE and CFUR on Contention 5, 6/ the Board should grant CFUR's motion for withdrawal with respect to Contention 5 and designate CASE the sole party sponsor of that Contention. Accordingly, Applicants address only Contention 3, below.
II. RESPONSE TO (1) CFUR'S REQUEST THAT THE BOARD ADOPT CONTENTION 3, AND (2) THE BOARD'S INVITATION FOR VIEWS ON RETENTION OF CONTENTION 3 A. Background CFUR requests in the instant motion that the Board investigate and adopt Contention 3. Also, the Board has invited the views of the remaining parties on the appropriate disposition of CFUR's contentions. See February 9, 1982
, Order, supra. Applicants respond to botn requests below.
In support of its " request," CFUR attached, as an Exhibit to its motion, an explanation of its concerns regarding Contention 3. These " concerns" allegedly provide justification 5/ Applicants agree that CFUR's withdrawal is withoUt prejudice to the Stipulations reached with respect to Contentions 1 and 9.
6/ See, December 18, 1981 Order, supra.
for the Board's adoption of CFUR's Contention. To the contrary, Applicants demonstrate below that no serious safety or environmental matters exist with respect to Contention 3. Accordingly, the Board should deny CFUR's request that the Board adopt that Contention, and dismiss the Contention from this proceeding.
Further, as to certain " concerns" discussed in CFUR's Exhibit I which raise new issues unrelated to CFUR's Contentions, Applicants demonstrate below that good cause does not exist for accepting those matters as Board questions.
Thus, the Board should also deny CFUR's request to investigate and adopt those matters.
B. Sua Sponte Authority of Licensing _ Boards Atomic Safety and Licensing Boards may examine, sua sponte, issues which are not in controversy only if an affirmative finding is made pursuant to 10 C.F.R. S 2.760a that "a serious safety, environmental, or common defense and security matter exists." See Texas Utilities Generating
. Company (Comanche Peak Steam Electric Station, Units 1 and 2),
CLI- 81-3 4, NRC (December 29, 1981). Further, that the issues stem from Contentions which were previously admitted does not alter the Board's obligation to make the appropriate findings pursuant to 10 C.F.R. S 2.760a before exercising its sua sponte authority. Id., slip op. at 4. As demonstrated
below, CFUR has not presented information with respect to Contention 3 or its extraneous concerns that suggests that serious safety, environmental or common defense and security matters exist that warrant exercise of the Board's sua sponte authority. Accordingly, the Board should dismiss the Contention from further consideration in this proceeding and deny consideration of those concerns.
C. Extraneous Issues In the list of concerns attached to its motion, CFUR brushes over three issues that, although discussed under the heading of " Contentions Two and Three Statement," are wholly unrelated to any contention it has raised. CFUR notes that it made no attempt to categorize the issues according to contention and, in fact, CFUR would be unable to do so since the issues are not relevant to its Contentions.
Specifically, CFUR briefly discusses " uncertainties due to i steam generator tubes containing defects," makes several unsupported claims regarding the proposed use at Comanche Peak of hafnium as a control rod absorber material, and expresses a " concern" regarding the deletion of the boron injection tank at Comanche Peak. In contrast, Contention 3 l
involves various concerns regarding the adequacy of l
i computer codes used in Comanche Peak safety analyses. In that these new topics are wholly beyond the scope of l
r
CFUR's Contention, and are raised at this late date in the proceeding, they should be rejected for failure to establish
" good cause" for consideration of late-filed contentions.
CFUR has not made any demonstration of good cause for raising new issues in this proceeding, as required by 10 C.F.R. S 2.714(a)(1). In fact, CFUR raises such issues only as it is leaving the proceeding, accompanied only by broad and unsupported assertions. In addition, CFUR would have the Board pursue the matters, rather than do so itself.
Such concerns fail to satisfy the requirements for acceptance of late-filed issues under 10 C.F.R. S 2.714. Even if CFUR had demonstrated " good cause," the statement of concerns does not satisfy the requirements of basis and specificity for admission of contentions in the first instance, 10 C.F.R. S 2.714(b), let alone satisfy the more demanding demonstration that a serious safety or environmental concern exists as required before the Board adopts the issue sua
_sponte. See Comanche Peak, CLI-81-36, supra, slip op. at 4.
~
Simple fairness to the remaining parties, as well as the i
I public interest that NRC licensing proceedings be conducted in an orderly fashion, demand that the Board be "very chary" in admitting new claims at this phase of the proceeding.
South Carolina Electric and Gas Company (Virgil C. Summer l
Nuclear Station, Unit 1), ALAB-642, 13 NRC 881, 886 (1981).
i Indeed, even if the issues raised by CFUR had been shown
to relate to Contention 3, they clearly extend the limits of that Contention and thus must still be accompanied by a demonstration of good cause for raising the issues at this late date in the proceeding. Summer, supra, 13 NRC at 891. CFUR did not make such a demonstration. Accordingly, the Board should deny CFUR's request that the Board adopt and investigate these topics.
D. Contention 3 Contention 3 provides, as follows:
The computer codes used in CPSES/FSAR must be tested and, if necessary, modified to accept the parameters reflecting the sequence of events at Three Mile Island and then to realistically predict plant behavior.
CFUR presents in this Contention the position that the computer codes used in Comanche Peak safety analyses do not reflect unspecified parameters of the Three Mile Island sequence of events. In particular, CFUR identifies two items in its motion which it contends warrant Board adoption of Contention 3. The first, NRC Action Plan Item I.C.1 7/,
concerns the reevaluation of transients and accidents to develop emergency operating procedures which consider multiple failures and operator errors. CFUR Motion at 7/ "NRC Action Plan Developed as a Result of the TMI-2 Accident," NUREG-0660 (May 1980), Revision 1 (August 1980).
I Exhibit 1, p. 9. In addition, CFUR's concerns discussed under the heading " human factors," id. at 12, appear to be related to Item I.C.l. Second, CFUR cites Action Plan Item II.K.3.30 which concerns revisions to small-break loss-of-coolant-accident ("SB LOCA") analyses and verification of the analyses by comparison of analytical results with test results from the LOFT and Semiscale test series.
Responses to both Action Plan Items I.C.1 and II.K.3.30 are being prepared by the Westinghouse Owners Group ("WOG")
and are discussed below. In response to Item I.C.1 the Westinghouse Owners Group is to conduct reanalyses of transients and accidents and provide guidelines for emergency operating procedures which reflect the results of those reanalyses. 8/ Applicants will implement a program of emergency operating procedures based on those guidelines. 9/
As for the " human factors" considerations raised by CFUR, it appears such concerns are addressed by Item I.C.1 in that the revised operating procedures are to account for possible
. operator errors. 10/ Finally, with respect to Item II.K.3.30, i
l 8/ SER at 22-12 to 22-13.
9/ Id.
10/ Applicants note that CFUR's position seems to be self-contradicting. CFUR initially appears to seek
- improved operating procedures, but subsequently claims that those procedures in general are not acceptable because the operators, by relying on those procedures, would not be capable of " innovation" when faced with l unexpected operating conditions.
l
Applicants are committed to respond to the reevaluation of its accident analyses within the time prescribed by NUREG-0737 11/. 12/
- 1. Action Plan Item I.C.1 The WOG response to this item is described in the attached Affidavit of Frederick F. Cadek and the attachments thereto. In particular, the WOG has supplied the NRC with emergency response guidelines based on an analysis of various LOCA and non-LOCA transients. Affidavit of Frederick F. Cadek at 2. The analyses which support these guidelines consider occurrences of multiple and consequential failures.
Id. Additional emergency response guidelines are to be submitted in June, 1982. Id. Currently, the NRC is reviewing the WOG guidelines and has posed certain questions to the WOG as a result of their review at a Febuary 9, 19f2 meeting. Affidavit of Frederick F. Cadek at 3. These guidelines will be employed in developing procedures and training programs that er. hance the ability of operators to respond properly to transients. Id.
I 11/ " Clarification of TMI Action Plan Requirements,"
NUREG-0737 (November 1980).
12/ SER at p. 22-80.
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- 2. Action Plan Item II.K.3.30 A detailed outline of the scope and schedule of the WOG response to Item II.K.3.30 is ser rorth in letters dated September 26, 1980 and November 25, 1981 from the WOG to D. G. Eisenhut, Director, NRC Division of L'icensing.
Af fidavit of Frederick F. Cadek at 4. The WOG has committed to submit a draft repcrt on its revised small-break LOCA model by April 1, 1982. Id. Specifically, as part of its effort to develop a revised small-break LOCA model, Westing-house has performed blind test predictions of LOFT experiments for verification of the total model. Id. Comparison of these predictions with the test results, taking into account variations in input data and system configurations, indicate the Westinghouse model has conservatively predicted important parameters of the results of those experiments. Id.
Post-test analyses have been performed, with appropriate parameters modified to reflect test conditions more accurately, which demonstrate accurate prediction of test results and margins of conservatism in Westinghouso small-break LOCA models. Affidavit of Frederick F. Cadek at 5.
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For the foregoing reasons, Applicants believe that CFUR' has failed to demonstrate that either Contention 3 or any of its concerns warrant the Board's sua sponte consideration thereof. Accordingly, the Board should grant CFUR's motion for withdrawal as a party to this proceeding and deny CFUR's request for Board adoption of Contention 3 and its other concerns.
Respectful]Y submitted, f; _
Nichola$f S./'Reynolds
/
if ~
.' b-William-A. Horin (m)sw .
i DEBEVIOSE & LIBERMAN 1200 Seventeenth Street, N.W.
Washington,'D.C. 20036
- (202) 857-9817-Counsel for Applicants l
l March 10, 1982
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