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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20196J3291999-06-28028 June 1999 Comment Supporting Proposed Rule 10CFR50 Re Industry Codes & Standards ML20206M7291999-04-30030 April 1999 Comment Supporting Draft RG DG-1083, Content of UFSAR IAW 10CFR50.71(e). Licensee of Listed Plants in Total Agreement with Comments Provided to NRC by NEI HL-5717, Comment Supporting Proposed Rule 10CFR50,52 & 72 Re Changes, Tests & Experiments.Util in Total Agreement with NEI Comments to Be Provided to NRC1998-12-18018 December 1998 Comment Supporting Proposed Rule 10CFR50,52 & 72 Re Changes, Tests & Experiments.Util in Total Agreement with NEI Comments to Be Provided to NRC HL-5715, Comments on Proposed Rule 10CFR50 Re Monitoring Effectiveness of Maint at Nuclear Power Plants.Util Is in Total Agreement with NEI Comments1998-12-14014 December 1998 Comments on Proposed Rule 10CFR50 Re Monitoring Effectiveness of Maint at Nuclear Power Plants.Util Is in Total Agreement with NEI Comments HL-5702, Comment Supporting NEI Comments Totally on Proposed Draft RG DG-4005, Preparation of Supplemental Environmental Repts for Applications to Renew Nuclear Power Plant Ols1998-10-23023 October 1998 Comment Supporting NEI Comments Totally on Proposed Draft RG DG-4005, Preparation of Supplemental Environmental Repts for Applications to Renew Nuclear Power Plant Ols HL-5695, Comment Supporting Nuclear Energy Institute (NEI) Comments on 10CFR50.55(a) Pr, Streamlined Hearing Process for NRC Approval of License Transfers1998-10-13013 October 1998 Comment Supporting Nuclear Energy Institute (NEI) Comments on 10CFR50.55(a) Pr, Streamlined Hearing Process for NRC Approval of License Transfers HL-5690, Comment on Integrated Review of Assessment Process for Commercial Nuclear Plants. Util in Total Agreement with NEI Comments Provided to NRC1998-10-0505 October 1998 Comment on Integrated Review of Assessment Process for Commercial Nuclear Plants. Util in Total Agreement with NEI Comments Provided to NRC HL-5983, Comment on Proposed Rule 10CFR50 Re Reporting Requirements for Nuclear Power Reactors. Snoc in Total Agreement with NEI Comments,To Be Provided to Nrc.Requests That NRC Provide Guidance to Application of NUREG-1022,rev 1 as Listed1998-09-21021 September 1998 Comment on Proposed Rule 10CFR50 Re Reporting Requirements for Nuclear Power Reactors. Snoc in Total Agreement with NEI Comments,To Be Provided to Nrc.Requests That NRC Provide Guidance to Application of NUREG-1022,rev 1 as Listed ML20153B2391998-09-15015 September 1998 Comment on Draft NUREG-1633, Assessment of Use of Ki as Protective Action During Severe Reactor Accidents. Endorses NEI Comments HL-5682, Comment Opposing Draft NUREG-1633, Assessment of Use of Potassium Iodide (Ki) as Protective Action During Severe Reactor Accidents, & Endorsing Comments Submitted by Nuclear Energy Institute1998-09-15015 September 1998 Comment Opposing Draft NUREG-1633, Assessment of Use of Potassium Iodide (Ki) as Protective Action During Severe Reactor Accidents, & Endorsing Comments Submitted by Nuclear Energy Institute HL-5602, Comment Opposing Proposed Rule 10CFR50 Re Industry Codes & Stds1998-04-0303 April 1998 Comment Opposing Proposed Rule 10CFR50 Re Industry Codes & Stds HL-5586, Comment on Proposed Generic Ltr, Year 2000 Readiness of Computer Sys at Npps1998-03-0404 March 1998 Comment on Proposed Generic Ltr, Year 2000 Readiness of Computer Sys at Npps HL-5582, Comment on Draft Reg Guide DG-5008, Reporting of Safeguards Events1998-02-27027 February 1998 Comment on Draft Reg Guide DG-5008, Reporting of Safeguards Events HL-5564, Comment on Draft NUREG 1555, Updated Environ Standard Review Plan1998-01-30030 January 1998 Comment on Draft NUREG 1555, Updated Environ Standard Review Plan HL-5554, Comment Supporting NEI Comments on PRM 50-63A by P Crane Recommending Emergency Planning Standard for Protective Actions Be Changed to Require Explicit Consideration of Prophylactic Use of Potassium Iodide for General Public1998-01-15015 January 1998 Comment Supporting NEI Comments on PRM 50-63A by P Crane Recommending Emergency Planning Standard for Protective Actions Be Changed to Require Explicit Consideration of Prophylactic Use of Potassium Iodide for General Public HL-5546, Comment Supporting Proposed Rule & Direct Final Rule on 10CFR50.68 & 10CFR70.24, Criticality Accident Requirements1997-12-31031 December 1997 Comment Supporting Proposed Rule & Direct Final Rule on 10CFR50.68 & 10CFR70.24, Criticality Accident Requirements HL-5529, Comment Opposing Rule 10CFR50 Re Codes & Standards,Ieee National Consensus Standard1997-12-0101 December 1997 Comment Opposing Rule 10CFR50 Re Codes & Standards,Ieee National Consensus Standard ML20199J0031997-11-24024 November 1997 Comment Supporting Proposed Rule Re Financial Requirements for Decommissioning Nuclear Power Reactors & Draft RG 1060 HL-5424, Comment on NUREG-1606, Proposed Regulatory Guidance Re Implementation of 10CFR50.59 (Changes,Tests or Experiments). Encourages NRC Not to Abandon 30 Yrs of Effective Implementation of 10CFR.50.59 for New Positions1997-07-0707 July 1997 Comment on NUREG-1606, Proposed Regulatory Guidance Re Implementation of 10CFR50.59 (Changes,Tests or Experiments). Encourages NRC Not to Abandon 30 Yrs of Effective Implementation of 10CFR.50.59 for New Positions ML20148N0741997-06-19019 June 1997 Comment on Proposed Suppl to Bulletin 96-001 Re Control Rod Insertion Problems.Util in Complete Agreement That Incomplete Rcca Insertion Not Acceptable HL-5407, Comment Opposing NRC Proposed Strategies to Address Licensees Need to Establish & Maintain safety-conscious Work Environ1997-05-27027 May 1997 Comment Opposing NRC Proposed Strategies to Address Licensees Need to Establish & Maintain safety-conscious Work Environ ML20137C2581997-03-18018 March 1997 Summary of Director'S Decision Under 10CFR2.206 of Mb Hobby & AL Mosbaugh, ML20137C4261997-03-18018 March 1997 Director'S Decision Under 10CFR2.206 Re Petition Re Allegation of Illegal Transfer of OLs to Southern Nuclear Operating Co.Petitions Filed by Mb Hobby & AL Mosbaugh Denied HL-5268, Comment Supporting Draft RG DG-1047, Std Format & Content for Applications to Renew NPP Ols1996-11-27027 November 1996 Comment Supporting Draft RG DG-1047, Std Format & Content for Applications to Renew NPP Ols ML20133H1131996-11-25025 November 1996 Petition for Enforcement,Per 10CFR2.206,to Revoke Northeast Utils Operating Licenses for CT Nuclear Power Stations Due to Chronic,Systemic Mismanagement Resulting in Significant Violations of NRC Safety Regulations ML20129J5481996-10-30030 October 1996 Order.* Extends Time within Which Commission May Take Sua Sponte Review of Memorandum & Order LBP-96-16 to 961129. W/Certificate of Svc.Served on 961030 ML20129K4291996-10-0202 October 1996 Comment Supporting Proposed Rule 10CFR25 & 95, Access to & Protection of Classified Info HL-5247, Comment on Proposed Generic Communication, Primary Water Stress Corrosion Cracking of Control Rod Drive Mechanism & Other Vessel Head Penetrations1996-10-0101 October 1996 Comment on Proposed Generic Communication, Primary Water Stress Corrosion Cracking of Control Rod Drive Mechanism & Other Vessel Head Penetrations ML20128K2791996-09-30030 September 1996 Order.* Time within Which Commission May Take Sua Sponte Review of Memo & Order LBP-96-16 Extended Until 961030. W/Certificate of Svc.Served on 960930 ML20116J8921996-08-0202 August 1996 Withdrawal of AL Mosbaugh.* AL Mosbaugh Voluntarily Withdraws Intervention,Opposition & Contention in Proceedings.W/Certificate of Svc & Svc List ML20116J8551996-08-0202 August 1996 Joint Notice of Termination.* AL Mosbaugh Voluntarily Withdrew Intervention,Opposition & Contentions in Proceeding.W/Certificate of Svc & Svc List ML20116J8431996-08-0202 August 1996 Intervenor Response to Georgia Power Motion for Reconsideration.* Intervenor Supports Motion for Reconsideration.W/Certificate of Svc & Svc List ML20116N5881996-07-31031 July 1996 Comment Re Proposed Rule 10CFR26, Mods to Fitness-For-Duty Program Requirements. Supports NEI Comments ML20116A4931996-07-15015 July 1996 Georgia Power Company Motion for Reconsideration of 960628 Memorandum & Order Or,In Alternative,For Certification.* Gpc Requests That Board Not Require Submittal or Approval of Settlement Between Gpc & Mosbaugh.W/Certificate of Svc ML20115H2671996-07-0808 July 1996 Comment Supporting Final Rule 10CFR51, Environ Review of Renewal of Nuclear Power Plant Operating Licenses HL-5195, Comment Supporting Proposed Rule 10CFR50 Re Financial Assurance Requirements for Decommissioning Nuclear Power Reactors1996-06-24024 June 1996 Comment Supporting Proposed Rule 10CFR50 Re Financial Assurance Requirements for Decommissioning Nuclear Power Reactors ML20114E6491996-06-20020 June 1996 Joint Motion to Defer Issuance of Initial Decision.* Requests That ASLB Defer Issuance of Decision in Proceeding Until 960920,in Order to Allow Gpc & Mosbaugh to Reach Settlement Agreement.W/Certificate of Svc IA-95-211, Transcript of 920507 Interview of Mc Wilkins in Waynesboro, Ga.Pp 1-391996-05-0707 May 1996 Transcript of 920507 Interview of Mc Wilkins in Waynesboro, Ga.Pp 1-39 ML20129H7151996-05-0707 May 1996 Transcript of 920507 Interview of Mc Wilkins in Waynesboro, Ga.Pp 1-39 HL-5103, Comment Supporting NEI Comments on Petition for Rulemaking PRM-50-63 Re Planning Std for Protective Actions for General Public Includes Stockpile or Predistribution of Ki for Prophylactic Use1996-02-0606 February 1996 Comment Supporting NEI Comments on Petition for Rulemaking PRM-50-63 Re Planning Std for Protective Actions for General Public Includes Stockpile or Predistribution of Ki for Prophylactic Use ML20096A4911995-12-22022 December 1995 Georgia Power Co Reply to Intervenor & NRC Staff Proposed Findings of Facts & Conclusions of Law.* W/Certificate of Svc ML20095D9821995-12-12012 December 1995 Georgia Power Co Motion to Correct Record of Exhibits of Diesel Generator Reporting Issues Allegation Hearing.* W/Certificate of Svc ML20095D9771995-12-0808 December 1995 Comment on Proposed Generic Ltr Boraflex Degradation in Spent Fuel Pool Starage Racks. Request for Licensees to Demonstrate Subcriticality Margin in Unborated Water,Seems Inconsistent W/Stated Benefit of Borated Water ML20094S2751995-11-30030 November 1995 Intervenor Final Statement of Fact & Conclusions of Law.* Board Finds That Util & Applicant Failed to Meet Burden of Proof Re Ultimate Issue of Character,Competence & Integrity. W/Svc List ML20094S2411995-11-22022 November 1995 Georgia Power Co Response to Intervenors Motion for Continuance.* Intervenor Motion Unjustified & Prejudicial & Should Be Denied.W/Certificate of Svc & Svc List ML20094S2931995-11-21021 November 1995 Intervenor Motion for Continuance for Good Cause.* Requests Deadline for Filing Post Hearing Brief Be Extended Until 951130.W/Certificate of Svc & Svc List ML20094K1161995-11-0909 November 1995 Intervenor Motion to Admit Supplementary Exhibits.* Moves That Naslp Admit Encl Documents Into Evidence for Listed Reasons.W/Certificate of Svc & Svc List ML20094J9301995-11-0606 November 1995 Georgia Power Company Motion to Correct Record of Diesel Generator Reporting Issues Allegation Hearing.* Moves Licensing Board to Order That Corrections Be Made to Transcript.W/Certificate of Svc & Svc List ML20094J9281995-11-0606 November 1995 Gap Proposed Findings of Fact & Conclusions of Law on Diesel Generator Reporting Issues.* Findings of Fact & Conclusion Accepted.W/Certificate of Svc ML20094J9201995-11-0101 November 1995 Affidavit of Ck Mccoy to Correct Info Contained in Intervenor Exhibit II-97,which Consists of Portions of Deposition in a Mosbaugh Complaint Against Gap 1999-06-28
[Table view] Category:ORDERS
MONTHYEARML20129J5481996-10-30030 October 1996 Order.* Extends Time within Which Commission May Take Sua Sponte Review of Memorandum & Order LBP-96-16 to 961129. W/Certificate of Svc.Served on 961030 ML20128K2791996-09-30030 September 1996 Order.* Time within Which Commission May Take Sua Sponte Review of Memo & Order LBP-96-16 Extended Until 961030. W/Certificate of Svc.Served on 960930 ML20149E4701994-05-16016 May 1994 Memo & Order (Filing of Proposed Agendas).* Informs That Next Status Conference Rescheduled for 940526 in Bethesda, Md.Parties May File Proposed Agendas No Later than 940525. W/Certificate of Svc.Served on 940517 ML20058D8551993-11-18018 November 1993 Memorandum & Order (Error in LBP-93-22).* Corrects Error in Last Paragragh on Page 3 of Slip opinion,LBP-93-22. W/Certificate of Svc.Served on 931119 ML20058D7801993-11-17017 November 1993 Memorandum & Order (Renewed Motion to Compel Staff Production of Documents).* Licensee Motion to Compel Staff Production of Documents Denied Until 931217.W/Certificate of Svc.Served on 931118 ML20057D1101993-09-24024 September 1993 Memorandum & Order (Georgia Power Motion to Reconsider Scope Proceeding).* a Mosbaugh Included by Ref in Amended Petition Only Portions of 2.206 Petitions Relevant to Discussions of Contention.W/Certificate of Svc.Served on 930927 ML20057B0151993-09-0808 September 1993 Memorandum & Order (Change in Service List).W/Certificate of Svc.Served on 930909 ML20057B0231993-09-0808 September 1993 Memorandum & Order (Discovery Motion).* W/Certificate of Svc.Served on 930909 ML20057A1741993-09-0303 September 1993 Memorandum & Order (Change in Svc List).* Svc List Amended as Listed.W/Certificate of Svc.Served on 930903 ML20057A1361993-08-31031 August 1993 Memorandum & Order (Motion to Compel Production of Documents by Staff).* Denies Licensee Motion to Compel Staff Production of Documents for 75 Days Commencing on 930824. W/Certificate of Svc.Served on 930901 ML20056E7741993-08-19019 August 1993 Memorandum & Order CLI-93-16.* Denies Licensee Appeal & Board Order in LBP-93-5 Admitting AL Mosbaugh as Party & Admitting Consolidated Contention Is Affirmed.Served on 930819.W/Certificate of Svc ML20056E6821993-08-12012 August 1993 Memorandum & Order (Clarification of Scope of Discovery).* Scope of Discovery in Phase I Shall Be Limited to Scope of Admitted Contention But Shall Extend to All Bases Advanced by AL Mosbaugh.W/Certificate of Svc.Served on 930813 ML20056C8821993-07-21021 July 1993 Memorandum & Order Case Mgt.* Orders Scope of Discovery to Be Limited to Bases for Admitted Contention or to Defenses of a Party.W/Certificate of Svc.Served on 930722 ML20056C1741993-03-18018 March 1993 Order.* Order Granting AL Mosbaugh Extension of Time Until 930322 to File Responses to Licensee Appeal & Application for Stay.W/Certificate of Svc.Served on 930318 ML20056C1441993-03-18018 March 1993 Order.* Advises That Util 930304 Application for Stay & Parties Responses Referred to Board for Further Consideration.W/Certificate of Svc.Served on 930318 ML20128P2301993-02-18018 February 1993 Memorandum & Order (Admitting Party).* Grants AL Mosbaugh to Be Admitted as Party to Proceeding.W/Certificate of Svc. Served on 930219 ML20128D3991993-01-28028 January 1993 Memorandum & Order (Limited Appearance Statement).* Encl Statement from Georgians Against Nuclear Energy to Be Included in Case File & Treated as Limited Appearance Statement.W/Certificate of Svc.Served on 930128 ML20128D4391993-01-26026 January 1993 Memorandum & Order (Request for Addl Time).* Parties May File Briefs Addressing Questions Asked by Board in 930115 Memorandum by 930205.W/Certificate of Svc.Served on 930127 ML20127G7861993-01-15015 January 1993 Memorandum & Order (Request for Info,Briefs).* Requests That Util File Relevant Provisions of License & Amend Being Requested.Parties May File Briefs Addressing Questions Asked by Board.W/Certificate of Svc.Served on 930115 ML20126F6861992-12-29029 December 1992 Memorandum & Order (Potential Board Concern).* Advises That in Case of Any Ambiguity in Quoted Statement from 921117 Order,In Light of License Conditions,Listed Info May Be Requested.W/Certificate of Svc.Served on 921229 ML20126D6361992-12-24024 December 1992 Memorandum & Order (Factual Dispute About Residence; Evidentiary Hearing).* Factual Dispute Set for 930112 Prehearing Conference.Written Exhibits & Graphics Should Be Received by 930107.W/Certificate of Svc.Served on 921224 ML20126A4721992-12-14014 December 1992 Memorandum & Order (Limited Appearances;Prehearing Conference;Scheduling).* Prehearing Conference Will Be Held to Hear Oral Argument Re Admission of Parties & Contentions in Listed Order.W/Certificate of Svc.Served on 921215 ML20059M6081990-10-0202 October 1990 Prehearing Conference Order (Filing Dates for Further Submissions).* Petitioners Requested to File Response to Applicant Rept on Health & Safety Matters by 901113. W/Certificate of Svc.Served on 901002 ML20059A9241990-08-16016 August 1990 Memorandum & Order (Intervention Petition).* Requests That Util Clarify Why Vague Footnote Added to Tech Specs Rather than Deleting Phrase High Jacket Water Temps. Certificate of Svc Encl.Served on 900816 ML20209H7631987-02-0202 February 1987 Order.* ASLB 861223 Concluding Partial Initial Decision (LBP-86-41) Will Be Reviewed Sua Sponte.Decision Not Deemed Final Until Further Order Issued.Served on 870203 ML20207Q3221987-01-21021 January 1987 Memorandum & Order.* Explains Aslab 860116 Order Ruling That License Condition Imposed in ASLB Partial Initial Decision LBP-86-41 Does Not Bar Issuance of Low Power Ol.Aslb Lacked Authority to Impose Condition.Served on 870123 ML20207Q3291987-01-16016 January 1987 Order.* ASLB 861223 Concluding Partial Initial Decision on LBP-86-41 Proceeding Null & Void.Aslb Lacked Authority to Impose Listed Condition.Opinion Explaining Decision Will Be Issued Early Next Wk.Served on 870120 ML20211N1151986-12-15015 December 1986 Order Confirming 870121 Oral Argument in Bethesda,Md Re Appeal of Georgians Against Nuclear Energy from ASLB 860827 Partial Initial Decision LBP-86-28.Served on 861216 ML20214X2671986-12-0808 December 1986 Memorandum & Order Closing Record in Proceeding.Served on 861209 ML20213E6631986-11-0606 November 1986 Memorandum & Order Directing That Responses to Util 861028 Affidavit Re Temp Margins of Asco Solenoid Valves Be Filed by 861128.Served on 861110 ML20215L8311986-10-27027 October 1986 Memorandum & Order Denying Util Motion to Strike Georgians Against Nuclear Energy (Gane) 861023 Appeal,Brief & Proposed Findings Re Licensing Board Decisions,Subj to Gane Timely Correction of Filing Deficiencies.Served on 861028 ML20211C1771986-10-16016 October 1986 Memorandum & Order ALAB-851,granting Applicant Motion to Strike & Dismissing Campaign for Prosperous Georgia 860908 Notice of Appeal of ASLB 860827 Partial Initial Decision LBP-86-28.Served on 861017 ML20207E4091986-07-17017 July 1986 Memorandum & Order Ruling on Applicant 860310 Motion for Summary Disposition of Contention EP-5 Re Emergency Response Plans.Motion for Summary Disposition Granted & Contention Dismissed.Served on 860718 ML20211K1071986-06-20020 June 1986 Approves Georgians Against Nuclear Energy 860530 Transcript Corrections of 860311-14 Hearing & Orders That Encl Corrections Be Included in Record as App.Served on 860624 ML20195B4681986-05-22022 May 1986 Memorandum & Order Granting Applicant 860214 Motion for Reconsideration of Denial of Summary Disposition of Intervenor Contention EP-2/EP-2(C) Re Use of NOAA Tone Alert Radios.Served on 860527 ML20197K0101986-05-15015 May 1986 Memorandum & Order Granting Util 860303 Motion for Summary Disposition of Intervenor Contention EP-2/EP-2(a) Concerning Administrative Controls Over Use of Emergency Notification Network.Served on 860519 ML20197G7661986-05-12012 May 1986 Memorandum & Order Granting Applicant 860131 Motion for Summary Disposition of Joint Intervenors Contention EP-1/EP-1(a)/EP-2(b) Re Emergency Notification Network & Dismissing Contention.Served on 860513 ML20203P9451986-05-0505 May 1986 Order Granting Applicant 860310 Motion for Summary Disposition of Contention EP-2/EP-2(h) & Dismissing Contention EP-2/EP-2(h).Served on 860507 ML20203L6821986-04-29029 April 1986 Memorandum & Order Granting Applicant 860306 Motion for Summary Disposition of Contention EP-4 Re Offsite Emergency Response Plans & Dismissing Contention.Served on 860430 ML20210K7111986-04-25025 April 1986 Order Granting NRC 860415 Request for Postponement of Response to Applicant 860310 Motion for Summary Disposition of Contention EP-5,until FEMA Demonstration & Evaluation of Emergency Plan Complete.Served on 860425 ML20141H0131986-04-22022 April 1986 Order Approving Encl Corrections to Transcript of 860311-14 Hearings,Per Applicant 860408 Request & NRC 860414 Statement of No Objection.Served on 860423 ML20155A5781986-04-0404 April 1986 Order Denying Applicant 860214 Motion for Summary Disposition of Joint Intervenors Contention EP-2/EP-2(c) Re Use of NOAA Tone Alert Radios.Served on 860407 ML20140D2541986-03-21021 March 1986 Order Granting NRC 860119 Motion for Extension of Time Until 860415 to Respond to Applicant Motions for Summary Disposition of Contentions EP-2/EP-2(a),EP-2/EP-2(h),EP-4 & EP-5.Served on 860324 ML20154K2951986-03-0606 March 1986 Order Granting Applicant 860210 Summary Disposition Motion & Dismissing Contention EP-7 Re Emergency Response Plans in Entirety.Served on 860307 ML20154G3561986-03-0505 March 1986 Order Scheduling Evidentiary Hearing on Technical Issues in Waynesboro,Ga,Per 860304 Telcon.Limited Appearances Will Be Held on 860312.Proceeding Will Commence W/Contention 7. Served on 860306 ML20137U7541986-02-13013 February 1986 Memorandum & Order Granting Applicant 860127 Motion for Partial Reconsideration Re Contention 10.1.Fourth Issue of 860123 Memorandum & Order Does Not Constitute Matl Fact in Dispute & Deleted as Issue in Controversy.Served on 860214 ML20137P6491986-02-0303 February 1986 Memorandum & Order Granting Applicant 851118 Motion for Summary Disposition of Joint Intervenors Contention EP-6. Contention Dismissed.Served on 860204 ML20140D9721986-01-29029 January 1986 Order Announcing 860311 Evidentiary Hearing in Waynesboro,Ga Re 830913 Application for Two PWR Operating Licenses.Joint Intervenors Claim Public Health Endangered Due to Groundwater Contamination.Served on 860130 ML20140B4631986-01-23023 January 1986 Supplemental Scheduling Order Notifying That 860114 Order Scheduling 860311 Hearing Re Contentions 7 & 10.5 Applies Also to Contention 10.1 (Dose Rate Effects).Served on 860124 1996-09-30
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e UNITED STATES OF AMERICA g,0CKETED NUCLEAR REGULATORY COMMISSION usuc ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
'85 00T -4 Pl2:18 Morton B. Margulies, Chairman 3
Gustave A. Linenberger, Jr. GFFk[7[g,,ygQf.
09c Dr. Oscar H. Paris nn g "-
c
) SERVED OCT -41385 In the Matter of ) -
) Docket Nos. 50-424 UL GEORGIA POWER COMPANY, ET AL. ) 50-425 OL Vogtle Electric Generating (ASLBPNo. 84-499-01-OL)
Plant, Units 1 and 2) ) October 3, 1985 _
)
MEMORANDUM AND ORDER (Ruling on Motion for Summary Disposition of Contention 8 re: Vogtle Quality Assurance)
IntroductionandBackgroup In this contention Joint Intervenors Campaign for a Prosperous Georgia and Georgians Against Nuclear Energy challenge the adequacy of Applicants' Quality Assurance Program (QAP) for the Vogtle Electric Generating Plant (VEGP) construction effort. On June 24, 1985, Applicants filed a motion for summary disposition of the co;stention pursuant to 10 CFR 2.749. The NRC Staff (Staff) filed a response in support of the motion on August 8, 1985. Joint Intervenors opposed the motion by a filing on July 31, 1985. They claim that the motion is premature because the Advisory Committee on Reactor Safeguards had not issued its letter'containing its views on the project. That letter was issued on August 13, 1985 and does not affect the subject issue. We
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8510100005 851003
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O find this matter now to be ripe for determination, and for the reasons discussed below, we grant the motion.
Applicable Law on Summary Disposition The law pertaining to sumary disposition under 10 CFR 2.749 is well established. Licensing Boards are empowered to grant sumary disposition on the pleadings on motion of a party to a proceeding if materials before the Board show that there is no outstanding genuine issue of material fact and that the moving party is entitled to a decision as a matter of law. The Commission has encouraged the use of summary disposition so that hearing time is not unnecessarily devoted to matters as to which no genuine issue of material fact exists. Statement of Policy in Conduct of Licensing Proceedings, CLI-81-8, 13 NRC 452, 457 (1981).
The party seeking summary disposition must carry the burden of proving the absence of any genuine issue of material fact, Cleveland Electric Illuminating Co. (Perry Nuclear Power Plant, Units 1 and 2),
ALAB-443, 6 NRC 741, 753 (1977), with the record viewed in the light most favorable to the motion's opponent, Dairyland Power Cooperative (Lacrosse Boiling Water Reactor), LBP-82-58, 16 NRC 512, 519 (1982). A party opposing a motion may not rely upon a simple denial of material facts stated by the movant, but must set forth specific facts showing that there is a genuine issue of fact remaining. Virginia Electric Power Co. (North Anna Nuclear Power Station, Units 1 and 2), ALAB-584, 11 NRC 451, 453 (1980).
D A party cannot avoid summary disposition on the basis of guesses or suspicions or on the hope that at the hearing the licensee's evidence may be discredited or that something may turn up. Gulf States Utilities C_o. (River Bend Stai, ion, Units 1 and 2), LBP-75-10, 1 NRC 246, 248 (1975).
All material facts adequately set forth in a motion and not adequately controverted by the responses are deemed to be admitted, 10 CFR 2.749 (a); however, the proponent of a motion must meet the burden of proof in establishing that there is no genuine issue of material fact, even if the opponent fails to controvert the conclusions reached in the motion's supporting papers. (Perry, supra,at754).
Discussion As admitted, Contention 8 states the following:
Applicants have not and will not implement a Quality Assurance program for Plant Vogtle for welding, for properly documenting the placement of concrete, for adequately testing concrete, for the preparation of correct concrete quality test records, for procuring material and equipment that meet applicable standards, for protecting equipment and for taking corrective action as required, so as to adequately provide for the safe functioning of diverse structures, systems and components, as required by 10 CFR Part 50, Appendix B, such that reasonable assurance exists that the operation of the facility will not '
endanger the public health and safety.
10 CFR Part 50, Appendix B, Introduction, provides that quality '
assurance " comprises all those planned and systematic actions necessary to provide adequate confidence that a structure, system, or component will perform adequately in service." The purpose of a quality assurance program is to reasonably assure that a nuclear power plant will be
-- ... -. . =. - .- _-- .. _ - .
l l
l constructed in a manner such that it can be operated in a manner so as ,
< -not to endanger the public health and sa'fety. The Commission's quality
- assurance criteria are set forth in 18 categories within Appendix B.
The standard as to how effective the functioning of a quality 1
assurance program should be is set forth in Union Electric Co. (Calloway Plant, Unit 1), ALAB-740,-18 NRC 343 (1983), as follows:
A recurring issue in reactor operating license proceedings is whether the facility has been properly constructed. In most instances, the focus is upon the execution of the quality assurance program designed to. eliminate the possibility that construction deficiencies of potent.ial safety significance
, will go undetected and therefore ur. rectified.
In any project even remotely' approaching in magnitude and complexity the erection of a nuclea prwer plant, there inevitably will be some construction defects tied to quality
. assurance lapses. It would therefore be totally unreasonable
- to hinge the grant of'an NRC operating license upon a demonstration of error-free construction. Nor is such a result mandated by either the Atomic Energy Act of 1954, as amended, or the Commission's implementing regulations. What they require is simply a finding of reasonable assurance that, as built, the facility can and will be operated without endangerin h l health and safety. 42 U.S.C.
99 2133(d)g t e pub ic, 2232(a); 10 C.F.R. 9 50.57(a)(3)(i). Thus, in examining claims of quality assurance deficiencies one must look to the implication of those deficiencies in terms of safe plant operation.
Obviously, this inquiry necessitates careful consideration of whether all. ascertained construction errors have been cured.
-Even if this is established to be the case, however, there may remain a question whether there has been a breakdown in quality assurance procedures of sufficient dimensions to raise legitimate doubt as to the overall integrity of the facility and its safety-related structures and components. A demonstration of a: pervasive failure to carry out the quality '
' assurance program might well stand in the way of the requisite-safety finding.
i k
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I l
To support the contention, Joint Intervenors identified twenty-five discrepant situations that fall within four of the five specific categories of construction activities identified. (The five categories involve welding activities, concrete testing and placement, procurement practices, storage adequacy and corrective actions; the last category was devoid of any specific challenge.) Joint Intervenors have made it clear, however, that their basic concern transcends the existen a of specific discrepant situations (irrespective of whether the discrepancies have been corrected) and that the contention focuses upon the totality of them as being indicative of a lack of an adeouate QAP and of a breakdown of that program. That leads them to conclude that there is inadequate assurance that the VEGP will operate iri a manner not dangerous to the public health and safety.
Applicants' motion for sumary disposition of June 24, 1985 is accompanied by a statement of alleged material facts for which there are no litigable issues, by ten supporting affidavits, and by thirty-seven attachments also in support thereof. The ten affiants comprise eight Georgia Power Company (GPC) employees representing management and supervisory personnel, all having line authority and supervisor responsibilities related to plant construction; the other two are persons employed by a major contractor of Applicants and by a sister company of GPC, both persons having VEGP construction site related responsibilities. The thirty-seven attachments comprise for the most part reports that originated from NRC's Inspection and Enforcement (I&E)
Region II office. These reports document the discovery of discrepant
situations (some of which were discovered by Applicants and their contractors) and also document the subsequent resolution of the discrepancies. The statement of facts comprises eighty-seven items that fall into two subject areas: a description of the QAP that shows the existence of program elements corresponding to each of the eighteen criteria of 10 CFR Part 50, Appendix B; and an item by item discussion of each of the discrepant situations reported by Joint Intervenors (many of which derived from the April 1985 deposition of Mr. Douglas Teper, of GeorgiansAgainstNuclearEnergy). There are, by our reckoning, twenty-five such discrepant matters distributed among the five categories of the contention as follows: welding-8, concrete-9, procurement-5, storage-3, and corrective actions-0. These covered a time span from 1974 (pre construction permit) to 1984 for plants that are now nearing the end of their construction phase. Steps taken by Applicants to rectify each item are described along with QAP upgrading
- actions -to minimize the recurrence of such items.
We find Applicants' alleged statement of facts for which there are no litigable issues to be correct and complete on the issues. The facts are supported by appropriately qualified affiants, whose discussions make it clear that the QAP not only meets the formal requirements of Appendix B but also functions in accordance with the intent of Appendix B. In addition, Applicants state that they have initiated a Readiness Review Program (RRP) for the purpose of gaining added assurance of the operational readiness of the VEGP. The motivation.for and description of the RRP are discussed by one of the affiants. The
s RRP was undertaken in consonance with generic considerations of the NRC regarding ways to improve the efficacy of QA efforts throughout the nuclea.- industry. The RRP is not a substitute for Applicants' QAP but is an overlay to that effort serving to increase the confidence of management in the operational readiness of the VEGP.
Joint Intervenors' opposing submittal of July 31, 1985 consists of a Statement of Material Facts in Response to Applicants' Motion for Summary Disposition and includes twenty-one numbered statements not supported by affidavits. It summarizes their longer statement (same submittal date) of alleged facts and law related to the subject contention. Joint Intervenors offer nothing substantive and specific beyond the discrepant situations dealt with by Applicants, which they do not controvert; nor do they offer anything specific and probative in support of their allegation that the QAP is not working. In addition, Intervenors' submittals address the following, none of which establishes the existence of conflicting material facts:
o What they intend to do in the future through testimony and cross-examination; o Intention to identify witnesses, including plant workers, whom they will attempt to bring to the hearing; o The enlistment of a public interest group to assist them;
'o The allegation that Applicants' affidavits present new information that abrogates their due process rights (no specifics given);
o The claim that the Teper deposition cited numerous discrepant items not addressed by Applicants, nor identified by Intervenors; and,
t ..
r o The unsupported allegation that the RRP is an inappropriate substitute by Applicants for the QAP.
In sumary, Joint Intervenors have failed to defeat Applicants' motion.
The Staff's submittal in support of Applicants' motion explains the bases for Staff's position that Joint Intervenors cannot support their claims regarding safety concerns deriving from discrepant situations at the VEGP and the breakdown of or lack of an effective QAP. Their submittal is accompanied by a statement of acceptance of all of Applicants' material facts not in issue and by nine affidavits of ten personnel from the NRC's Regien II office. All affiants have been or currently are directly involved with VEGP construction activities embraced by the contention and are judged to have acceptable qualifications. Each affirms that Applicants have competently responded to discrepant situations in the affiant's area of involvement and that there has been no breakdown of the QAP in each of these areas.
One of these affiants is the I&E Branch Chief for Region II who has overall responsibility for the I&E effort at VEGP. It is his conclusion that Applicants' overall QAP is effective. We agree with Staff's position, having found it to be convincingly supported.
Mindful of the complexities that frequently inhere with the
- assessment of the adequacy of quality assurance programs and their implementation, the Board has carefully considered all of the foregoing both as to content and in light of applicable law. Based upon all of these considerations, we find there is no outstanding issue of material
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fact and that none of the enumerated discrepant situations discussed has been shown to carry any material safety significance with respect to plant operation nor does the totality of them indicate a pervasive breakdown of Applicants' QAP. Hence, we conclude that Applicants have prevailed with their motion, and that Joint Intervenors' conclusion that reasonable assurance with respect to public health and safety is lacking for Vogtle operation is without foundation.
ORDER The Board grants Applicants' motion for sumary disposition of Contention 8 and the Contention is dismissed.
THE ATOMIC SAFETY AND LICENSING BOARD
.b:_ -
Morton B. Marguliesg Chairman ADMINISTRATIVE LAW VVDGE uG#
c0tstave A. Linenk(rger, Jr.
ADMINISTRATIVE JU)GE N
- Wt Dr. Oscar H. Paris ADMINISTRATIVE JUDGE Dated at Bethesda, Maryland this 3d day of October, 1985. ,
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