ML20039E194

Advises of Inconsistency Between Findings of Fact in ASLB 810924 Partial Initial Decision & Both ASLB Order Contained in Partial Initial Decision & Amend 56 to Facility OL as Transmitted by Ta Ippolito 811029 Ltr

ML20039E194
Person / Time
Site:	Dresden
Issue date:	12/29/1981
From:	Fitzgibbons R ISHAM, LINCOLN & BEALE
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-SP, NUDOCS 8201060636
Download: ML20039E194 (2)

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Cyif* C ISHAM, LINCOLN & BEALE COUNSELORS AT LAW ONE FIRST N ATIONAL PLAZA FORTY SECONO FLOOR

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TELEPHONC 312-558-7500 TELEX: 2-5288 WAS INGTON OFFICE Q~fl( E (,3 ;[Nb - S f7C 325 C0C'fli:iG a SS -

'pd((.i wAS >=oTOa. o. c. 2OO3e 202 833 9730 December 29, 1981 ( 9 9 RECEWED . -

9 UNITED STATES OF AMERICA

- JAN 5 1982* -

s urm uscu' p NUCLEAR REGULATORY COMMISSION 9 Tac THE ATOMIC SAFETY AND LICENSING BOARD /

Co r0 In the Matter of )

) Docket Nos. 50-237-SP COMMONWEALTH EDISON COMPANY ) 50-249-SP

) (Spent Fuel Pool (Dresden Station, Units 2 & 3)) Modification)

Dear Administrative Judges:

It has recently come to my attention that there is an inconsistency between the findings of fact set forth by the Atomic Safety and Licensing Board (" Licensing Board") in th'e Partial Initial Decision Modifying Operating License To Permit Installation Of Five High Density Spent Fuel Storage Racks At Dresden Unit 3 (" Partial Initial Decision") , dated September 24, 1981, and both the Licensing Board's Order contained in said Partial Initial Decision and Amendment No.

56 to the Facility Operating License for Dresden Station Unit 3, as transmitted to Commonwealth Edison Company by l letter of Thomas A. Ippolito, dated October 29, 1981.

The Licensing Board's Order and Amendment No. 56 i specify that commonwealth Edison Company will check each storage location in the' high density spent fuel storage racks with a plug gauge to confirm that the minimum dimen-sion between the lead-in clips at the top of each storage location is at least 5.758 inches. In contrast, the findings of fact set forth by the Licensing Board in the Partial Initial Decision accurately state that Commonwealth Edison Company has committed itself to checking each storage location to ensure that the dimension between lead-in clips is no less than 5.768 inches.

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t This inconsistency is apparently attributable to a-typographical ~ error contained in the Proposed Supplemental Findings of Fact and Conclusions of Law submitted on behalf of Commonwealth Edison Company on April 29, 1981.and should be corrected by substituting the more conservative n mber, 5.768 inches, for the number appearing in the Licensing -

Board's Order and Amendment No. 56. At this time, each storage location in the five high density storage racks currently authorized for installation in the. spent fuel pool for Dresden Unit 3 has been checked using_a plug gauge with

-the dimensions of 5.775 inches by 5.773 inches, thus ensuring that the dimension between lead-in. clips is no less than

. 5.768 inches.

Respectfully submitted,

~

. Robert G. Fitzgibbons Jr.

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