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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20216F4891999-09-17017 September 1999 Comment Supporting NEI Comments Re Proposed Rules 50 & 72 Re Certain Reporting Requirements for Nuclear Power Reactors. Expresses Concern Re Proposed Reporting Requirement 10CFR50.73(a)(2)(ii)(c) Re Significantly Degraded Component ML20206A0541999-04-26026 April 1999 Memorandum & Order.* All Petitioners to Intervene Have Withdrawn Their Petition,Proceeding Terminated.With Certificate of Svc.Served on 990426 ML20205S0031999-04-23023 April 1999 Affidavit of JW Yelverton Supporting Proposed License Transfer & Conforming Amends.Util Requests That Designated Documents Be Withheld from Public Disclosure,Per 10CFR2.790 (a)(4) & 10CFR9.17(a)(4) ML20203G7821999-02-16016 February 1999 Petition of Local 369 & 387,Utility Workers Union of America,AFL-CIO for Leave to Intervene & Request Hearing.* Requests That Hearing Be Scheduled on Commission Consideration to Approve Transfer.With Certificate of Svc ML20153C1411998-09-20020 September 1998 Comment on Proposed Rule 10CFR2 & 51 on Subpart M Re Transfer of Operating License ML20100M5251996-03-0101 March 1996 Comment on Proposed Rule 10CFR20 Re Rept Requirements for Unauthorized Use of Licensed Radioactive Matl.Proposed Rule Change Wording Concerning What Conditions Must Be Met to Require Reporting Inexact ML20101B9931996-03-0101 March 1996 Comment Opposing Proposed Rule 10CFR20 Re Reporting Requirements for Unauthorized Use of Licensed Radioactive Matls BECO-95-125, Comment Supporting Pr 10CFR60,72,73 & 75 Re Safeguards for Spent Nuclear Fuel1995-12-14014 December 1995 Comment Supporting Pr 10CFR60,72,73 & 75 Re Safeguards for Spent Nuclear Fuel ML20093B5971995-10-0303 October 1995 Comment on Proposed Bulletin 95-XX & Reg Guide DG-1038, Debris Clogging of BWR ECCS Suction Strainers. Endorses BWROG Comments ML20086A8791995-06-14014 June 1995 Comment Supporting Proposed Rule 10CFR73 Re NRC Initiative to Eliminate Requirement to Post Security at Primary Containment Entrance During Refueling & Major Maint Periods ML20082Q5511995-04-21021 April 1995 Comment on Proposed Rules 10CFR170 & 171 Re Fee Schedules for FY95 Revisions.Endorses NEI Comments ML20082M3251995-04-14014 April 1995 Comment Supporting Proposed Draft Policy Statement Re Freedom of Employees in Nuclear Industry to Raise Concerns W/O Fear of Retaliation ML20078L2151995-02-0303 February 1995 Comment Opposing Proposed Rule 10CFR50 Re Shutdown & Low Power Operations for Nuclear Power Reactors ML20078S6631994-12-19019 December 1994 Comment Supporting Proposed GL Re Reconsideration of NPP Security Requirements for an Internal Threat ML20076L2561994-10-24024 October 1994 Comments on Proposed Rule 10CFR2 Re Reexamination of NRC Enforcement Policy.Endorses Response Submitted by Nuclear Energy Institute ML20062M4241994-01-0303 January 1994 Comment Supporting NUMARC Position on Proposed Rule Re Protection Against Malevolent Use of Vehicles at NPPs ML20059C3721993-12-29029 December 1993 Exemption from DAC Values for Kr-89 & Xe-137 in Table 1 of App a to 10CFR20.Approves Use of Proposed Values in Request When Determining Whether Area Requires Posting as Airborne Radioactivity Area BECO-93-166, Comment Supporting NUMARC Petition for Rulemaking to Amend 10CFR21,PRM 21-21993-12-28028 December 1993 Comment Supporting NUMARC Petition for Rulemaking to Amend 10CFR21,PRM 21-2 ML20058P1811993-12-14014 December 1993 Director'S Decision 93-20 Denying Petition to Delaying Startup Until Hardware Modifications Designed to Eliminate Errors in Reactor water-level Measurement Made ML20058D6561993-11-19019 November 1993 Director'S Decision Under 10CFR2.206 Denying Petition Requesting That NRC Reconsider 910730 Decision Giving Unanimous Approval of Task Force Recommendation Re Reasonable Assurance Finding Re EP for Plant ML20057C0951993-09-13013 September 1993 Memorandum & Order (Termination of Proceeding).* Informs of Petitioner Withdrawal of Motion to Intervene & Request for Hearing,Therefore Board Terminates & Dismisses Proceeding Herein.W/Certificate of Svc.Served on 930914 ML20057C1281993-09-13013 September 1993 Memorandum & Order (Termination of Proceeding).* W/Certificate of Svc.Served on 930916 ML20057A1531993-09-0202 September 1993 NRC Staff Response to Ma Atty General Withdrawal of Motion to Intervene & Request for Hearing.* NRC Does Not Object to Atty General Withdrawal.Licensing Board Should Issue Order Dismissing Proceeding.W/Certificate of Svc ML20056G5081993-08-26026 August 1993 Commonwealth of Ma Atty General Withdrawal of Motion to Intervene & Request for Hearing.* W/Certificate of Svc ML20056E6871993-08-13013 August 1993 Memorandum & Order (Extension of Time).* Petitioner Suppl W/ Contentions Should Be Filed by 930827 & Licensee Response to Suppl Should Be Filed within 10 Days Thereafter.W/ Certificate of Svc.Served on 930813 ML20046D0251993-08-11011 August 1993 Joint Motion to Extend Date for Filing Petitioners Contentions.* Parties Jointly Request That Board Extend Date for Filing Petitioner Contentions from 930813 to 930827. W/Certificate of Svc ML20056C8601993-07-16016 July 1993 Memorandum & Order (Extension of Time).* Petitioner Suppl W/ Contentions Should Be Filed by 930813,util Response to Suppl within 10 Days After Svc & NRC Response to Suppl within 15 Days After Svc.W/Certificate of Svc.Served on 930719 ML20056C8971993-07-15015 July 1993 Joint Motion to Extend Date for Filing Petitioners Contentions.* W/Certificate of Svc ML20045D2201993-06-0808 June 1993 Response of Boston Edison Co to Commonwealth of Ma Atty General Request for Hearing & Petition to Intervene.* Util Will Defer Further Response Until Petitioner Files Suppl Re Specific Contentions.Certificate of Svc Encl ML20045D2271993-06-0808 June 1993 Response of Boston Edison Co to Ma Atty General Request for Hearing & Petition to Intervene.* W/Certificate of Svc & Notices of Appearance ML20045A6721993-05-27027 May 1993 State of Ma Atty General Request for Hearing & Petition to Intervene Re Plant Proposed Amend to License DPR-35 Increasing Allowed Fuel Assembly Storage Cells.* W/Certificate of Svc ML20045A6741993-05-27027 May 1993 Notice of Appearance.* Notice of Appearance of Undersigned for State of Ma Atty General BECO-92-135, Comments on Proposed NRC Generic Communication,Augmented Inservice Insp Requirements for Mark I & Mark II Steel Containments,Refueling Cavities & Associated Drainage Sys1992-12-21021 December 1992 Comments on Proposed NRC Generic Communication,Augmented Inservice Insp Requirements for Mark I & Mark II Steel Containments,Refueling Cavities & Associated Drainage Sys ML20115A6581992-10-0505 October 1992 Comments on Proposed Changes to SALP Program BECO-92-073, Comment Opposing Draft Rev 3 to Reg Guide 01.0091992-07-10010 July 1992 Comment Opposing Draft Rev 3 to Reg Guide 01.009 BECO-92-072, Comment Supporting Proposed Rule 10CFR50 Re Receipt of Byproduct & SNM1992-07-10010 July 1992 Comment Supporting Proposed Rule 10CFR50 Re Receipt of Byproduct & SNM ML20086K8791991-10-31031 October 1991 Petitions Commission to Reconsider 910730 Approval of Task Force Recommendation Stating That NRC Did Not Need to Reconsider NRC Reasonable Assurance Finding Re Emergency Preparedness for Pilgrim Station ML20135A4581991-06-12012 June 1991 Transcript of 910612 Meeting in Plymouth,Ma Re Pilgrim Task Force Public Hearing.Pp 1-148.W/certificate & Title Page BECO-91-067, Comment Opposing Proposed Rules 10CFR71,170 & 171, Rev of Fee Schedules;100% Fee Recovery1991-05-13013 May 1991 Comment Opposing Proposed Rules 10CFR71,170 & 171, Rev of Fee Schedules;100% Fee Recovery ML19332G5121989-12-0101 December 1989 Comment on Draft Reg Guide,Task DG-1001, Maint Programs for Nuclear Power Plants. Util Endorses Nuclear Power Industry Comments & NUMARC Position ML20235A9561988-12-0909 December 1988 Transcript of 881209 Meeting in Rockville,Md W/Public Officials Having Responsibility for Emergency Planning for Pilgrim Nuclear Power Plant.Related Info Encl.Pp 1-185 ML20205E1531988-10-14014 October 1988 Transcript of 881014 Meeting in Rockville,Md Re Discussion/ Possible Vote on Facility Restart.Pp 1-104.Supporting Documentation Encl ML20155D9391988-10-0505 October 1988 Second Interim Director'S Decision DD-88-17 Under 10CFR2.206 Re Request for Proceeding to Modify,Suspend or Revoke Ol.Portion of Petition Re Mgt Issues Denied.Portion Re Emergency Preparedness Issues to Be Addressed Later ML20205J3531988-10-0505 October 1988 Transcript of 881005 Meeting in Rockville,Md Re Status of Readiness for Restart of Facility.Pp 1-94 ML20206G9181988-09-29029 September 1988 Transcript of NRC 880929 Technical Meeting in Plymouth,Ma Re Review of Proposed Restart of Facility & NRC 881005 Meeting W/Util in Rockville,Md Re Readiness of Restart ML20153H0381988-08-26026 August 1988 Transcript of ACRS Ad Hoc Subcommittee on Pilgrim Restart 880826 Meeting in Plymouth,Ma.Pp 1-232.Related Documentation Encl ML20235T8761988-08-25025 August 1988 Rev 0 to Pilgrim Station Evacuation Time Estimates & Traffic Mgt Plan Update.* Apps A,B & M Encl ML20235T7301988-08-15015 August 1988 Rev 4 to Massachussetts Civil Defense Agency Area II Radiological Emergency Response Plan for Pilgrim Nuclear Power Station.* ML20235T6901988-07-28028 July 1988 Rev 5 to City of Taunton Radiological Emergency Response Plan for Pilgrim Nuclear Power Station.* Related Info Encl ML20247N7531988-07-28028 July 1988 Petition for Rulemaking PRM-50-53 Requesting NRC Action to Review Undue Risk Posed by BWR Thermal Hydraulic Instability.Nrr Should Issue Order Requiring All GE BWRs to Be Placed in Cold Shutdown for Stated Reasons 1999-09-17
[Table view] Category:PLEADINGS
MONTHYEARML20057A1531993-09-0202 September 1993 NRC Staff Response to Ma Atty General Withdrawal of Motion to Intervene & Request for Hearing.* NRC Does Not Object to Atty General Withdrawal.Licensing Board Should Issue Order Dismissing Proceeding.W/Certificate of Svc ML20056G5081993-08-26026 August 1993 Commonwealth of Ma Atty General Withdrawal of Motion to Intervene & Request for Hearing.* W/Certificate of Svc ML20046D0251993-08-11011 August 1993 Joint Motion to Extend Date for Filing Petitioners Contentions.* Parties Jointly Request That Board Extend Date for Filing Petitioner Contentions from 930813 to 930827. W/Certificate of Svc ML20056C8971993-07-15015 July 1993 Joint Motion to Extend Date for Filing Petitioners Contentions.* W/Certificate of Svc ML20045A6741993-05-27027 May 1993 Notice of Appearance.* Notice of Appearance of Undersigned for State of Ma Atty General ML20235W4501987-10-15015 October 1987 Petition for Institution of Proceeding Per 10CFR2.202 to Modify,Suspend or Revoke License DPR-35.Supporting Documentation Encl ML20207B5981986-07-15015 July 1986 Petition to Show Cause Why Facility Should Not Remain Closed,Due to Problems W/Mgt of Plant Operations, Radiological Emergency Response Plan & Physical Structure of Facility ML20134C8671985-08-13013 August 1985 Brief in Support of Appeal of ASLB 850719 Order Dismissing 850629 Petition for Leave to Intervene & Request for Hearing ML20126M6081985-07-27027 July 1985 Exception to Aslab 850719 Order Dismissing Request for Hearing & Petition for Leave to Intervene.Reasonable Opportunity to Respond to Util Not Provided.W/Certificate of Svc ML20106C6971984-10-20020 October 1984 Request for Show Cause Order,Per 2.206,to Suspend or Revoke OL Due to Hazardous Conditions at Plant Site ML20077D5811983-07-10010 July 1983 Petition of Ma Pirg for Emergency & Remedial Action Per 10CFR2.206.Petition Seeks Immediate Action to Remedy Serious Deficiencies in Facility Offsite Emergency Response Plan ML20062H5441982-08-10010 August 1982 Request of Ma Atty General for Submission of Documents Re Mgt & Safety of Facility Since 820118.Petition for Review of Commission 820730 Decision Denying Petition to Intervene Filed W/Court of Appeals.Certificate of Svc Encl ML20052H0091982-04-22022 April 1982 Suppl to 820318 Petition Requesting That Civil Penalties Be Compromised,Mitigated or Remitted ML20041A1551982-02-17017 February 1982 Requests Leave to Intervene in Proceeding for Mod of Ol. Certificate of Svc Encl ML19351E9541980-12-0404 December 1980 Request for Hearing on 801024 Re Order for Mod of License ML20002A2011980-10-30030 October 1980 Withdraws 801023 Request for Extension or for Hearing Per IE Bulletin 79-01B,Suppl 3 ML19338G6441980-10-23023 October 1980 Request for 20-day Extension for Util to Plead for Hearing on 800912 Order for Mod of License Published in 801003 Fr ML19262A0921979-10-11011 October 1979 Withdrawal of Intervention by Power Planning Committee of Municipal Electric Association of Ma & Various Municipalities.Settlement Is Finalized,Mooting Intervention Petition.Certificate of Svc Encl ML20058K5131973-12-13013 December 1973 Requests for Decision Re Immediate Derating of Nine BWRs & Implementation of Procedures to Be Followed for Consideration of Any Subsequent Action Concerning Safety Issue Raised About Plants 1993-09-02
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
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BOSTON EDISON COMPANY ) Docket No. 50-293 PILGRIM NUCLEAR POWER STATION: ) License No. DPR-35 Order Modifying License ) EA 81-63 Effective Immediately )
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PETITION OF THE MASSACHUSETTS ATTORNEY GENERAL-TO INTERVENE IN PROCEEDING FOR MODIFICATION OF PILGRIM STATION OPERATING LICENSE On January 18, 1982, the Commission's Office of Inspection and Enforcement issued an Order modifying the operating license for the Pilgrim Nuclear Power Station in Plymouth, Massachusetts. That Order provides that "[clontinued operation of the Pilgrim facility requires significant changes in Boston Edison Company's control of licensed activities" and requires that the Company submit to the NRC, within thirty days l of the Order, "a comprehensive plan of action that will yield an independent appraisal of-site and corporate management organizations and functions, recommendations for improvements in management controls and oversight, and a review of previous safety-related activities to evaluate compliance with NRC requirements." See Order Modifying License Effective Immediately, Docket No. 50-263 (January 18, 1982) at 6.
(Hereinafter, " Order")
8202190179 820217 PDR ADOCK 05000293 g PDR
For the reasons set forth below, Attorney General Francis X. Bellotti hereby exercises his right, pursuant to Section 189 (a) of the Atomic Energy.Act of'1954, 42 U.S.C. 52239 (a) , to iAtervene in'the NRC's proceeding in this matter on behalf'of the citizens of the Commonwealth of Massachusetts. Attorney General Bellotti is the chief law officer of the Commonwealth, responsible for establishing the legal policy of the Commonwealth. Secretary of Administration and Finance v.
Attorney General, 326 N.E.2d 334 (Mass . , 197 5) . He is a separately elected' officer, representative of the citizens of this state and seeks, through this intervention, to protect the
. interests of the Commonwealth and his constituents in the safe opeation of the Pilgrim plant. Attorney General Bellotti further requests, pursuant to Section 189 (a), that a public hearing be held in this matter in the Town of Plymouth to allow for public review of the serious deficiencies identified in the Commission's Order and the Company's proposed remedial actions. Any action as significant as the amendment of an operating license for a nuclear power plant should be subjected to maximum public exposure.
I. THE INTERESTS OF THE CITIZENS OF MASSACHUSETTS ARE AFFECTED BY THIS PROCEEDING l According to its Order, the Office of Inspection and Enforcement has taken this action because of Boston Edison's numerous regulatory violations over the past several years, its below average rating in the NRC's recent Systematic Assessment
of Licensee Performance ("SALP"), and deficiencies discovered during NRC inspections between June 15 and September 30, 1981.
Those inspections revealed inadequacies in Boston Edison'c controls in several functional areas of activity, including engineering and design review, revision of operating proce-dures, facility maintenance, notification of safety problems, and onsite safety committee activities. See Order, at 2.
l Together with the weaknesses identified by the SALP and NRC enforcement actions over the past 2 1/2 years, the deficiencies discovered during these inspections have led the Office of Inspection and Enforcement to conclude that there exist
" substantial serious breakdowns in Boston Edison Company's management controls related to the Pilgrim facility" and that the'"public health, safety and interest" require that significant changes be made in the Company's control of licensed activities. See Order at 6.
In light of these findings by the Commission staff, there 4
can be no doubt that the citizens of Massachusetts have a direct and substantial interest in the subject matter of this Order. Without participating in the review of the Company's proposed corrective actions, the public can have no assurance that-continued operation of the facility will not jeopardize 2
their health and safety.
II. THE ATTORNEY GENERAL OF THE COMMONWEALTH OF MASSACHUSETTS HAS A NON-DISCRETIONARY RIGHT TO INTERVENE IN THIS PROCEEDING PRIOR TO - ANY FURTHER NRC ACTION i
-4 The Atomic Energy Act of 1954 provides that "[iln any proceeding, under this chapter, for the granting, suspending, revoking, or amending of any license . . . the Commission shall grant a hearing upon the request of any person whose interest may be affected by the proceeding, and shall admit any such person as a party to such proceeding." (Emphasis supplied.)
By its own terms, the Commission's action constitutes a modification of Boston Edison's license, and there is thus no discretion to deny this - petition and hearing request filed on behalf of persons clearly affected by the subject matter of this license-amendment. Given this non-discretionary statutory obligation, the Commission's review of this Petition is limited to the question of whether the Petition properly sets forth the aspects of this proceeding as to which the Attorney General is intervening. See BPI v. Atomic Energy Commission, 502 F.2d 424 (D.C. Cir . 1974 ).
The Commission has arguably failed already to comply with the pro;edural requirements of Section 189(a) in that it has not provided thirty days' notice in the Federal Register of its intent to amend the Pilgrim license to allow for notices of intervention and hearing requests. This apparent failure will not prejudice Attorney General Bellotti in his effort to protect-the interests of Massachusetts citizens, provided the Commission takes no further action in this matter pending his admission as a party. Apprcval by the Commission or its staff
of Boston Edison's action plan, or.other formal action thereon, pending admission of the Attorney General as a party and an opportunity for exercise of the rights which attend that status would violate Section 189 (a) .
Therefore, the Attorney General asks that he receive written assurance, within seven days of the receipt hereof, that the Commission will honor his rights under Section 189(a) and suspend further formal action on Boston Edison's action plan pending his admission and participation in this matter.
III. ATTORNEY GENERAL BELLOTTI INTENDS TO PARTICIPATE FULLY IN EVERY ASPECT OF THIS PROCEEDING TO ASSURE THE SAFETY OF MASSACHUSETTS CITIZENS Attorney General Bellotti moves to intervene in this proceeding so aa to participate in all the issues considered, including but not limited to the following:1/
- 1. Any consideration of Boston Edison's continued operation of Pilgrim I pending the identification and implementation of the necessary changes in Boston Edison's management controls.
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As a separate matter, this office has notified the Commission that it anticipates exercising its rights pursuant to section 189 (a) with respect to approval of the revised emergency plans for the Pilgrim Station. We suggest that the staff be required to complete its review of those plans in time that a hearing thereon, if it is necessary, can be conducted together with the hearing sought in this petition.
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. l 2._ The~ adequacy of the' plan of action submitted by.
Boston Edison, including the following issues:
- a. The. appropriateness of'the parties chosen to conduct the review of site and corporate management organizations.and functions and the various reviews of safety-related activities-set forth in paragraphs (1) and (3) .through (6)-
of the Order.
- b. The schedule for completion of these reviews.
- c. The specific matters to be addressed-in these reviews.
- 3. .The nature of the improvements which must be made'in the' Company's site and corporate management organizations and functions and safety-related activities to ensure the safe operation of the plant.
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- 4. The determination as to whether Boston Edison has l properly implemented all necessary improvements such that operation of the plant may continue.
IV. CONCLUSION i For the reasons outlined herein, Attorney General Bellotti asks, on behalf of the Commonwealth of Massachusetts and its citizens, that he be admitted as.a party to this l
proceeding and that no further action be taken by the NRC in this matter pendi.ng his admission. Attorney General Bellotti further requests that.a public hearing be held in the Town of
~ Plymouth on the matters which are the subject of this proceeding.
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'd Respectfully submitted, FRANCIS X. BELLOTTI ATTORNEY GENERAL By: -
/da s -
PAULA W. GOLD j Assistant Attorney General Chief, Public Protection Bureau
&A S'i'E%EN - M. LEON $D 8 Assistant Attorney General Chief, Environmental Protection Division l NN S50 MT*L b'd ' '
s istant Attorney General nvironmental Protection Division-Public Protection Bureau Department of the Attorney General One Ashburton Place, 19th Floor Boston, Massachusetts 02108 (617) 727-2265 Dated: February 17, 1982 i
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CERTIFICATE OF SERVICE I, Jo Ann Shotwell, hereby certify that I have this day served a copy of the . foregoing Petition on the NRC legal staff by mailing a copy thereof, postage prepaid, to the Executive Legal Director, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555.
Signed under the pains and penalties of perjury this 17th day of February, 1982.
By: s%
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JO SHOTWELL V As tant Attorney General En ronmental Protection Division Public Protection Bureau Department of the Attorney General One Ashburton Place, 19th Floor Boston, Massachusetts 02108 (617) 727-2265 CERTIFICATE OF SERVICE -
I, Jo Ann Shotwell, hereby certify that I.have this day served a copy of the foregoing Petition on Boston Edison Company by mailing a copy thereof, postage prepaid, to its attorney, Thomas G. Dignan, Esq., Ropes and Gray, 225 Franklin Street, Boston, Massachusetts 02110.
Signed under the pains and penalties of perjury this 17th day of February, 1982.
By: %
Jy p N SHOTWELL M
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A Wistant Attorney General Environmental Protection Division Public Protection Bureau Department of the Attorney General One Ashburton Place, 19th Floor Boston, Massachusetts 02108 u