ML20132C794

Informs That Applicant Will Not Submit Formal Response to Case 850826 Request for ASLB Hearings Re Board Notification 85-077 Concerning False Statement on U-bolt Sample.Immediate Hearings Inappropriate.Related Correspondence

ML20132C794
Person / Time
Site:	Comanche Peak
Issue date:	09/23/1985
From:	Wooldridge R TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC), WORSHAM, FORSYTHE, SAMPELS & WOOLRIDGE (FORMERLY
To:	Bloch P, Johnson E, Mccollom K Atomic Safety and Licensing Board Panel
References
CON-#385-617 OL, NUDOCS 8509270146
Download: ML20132C794 (2)

Text

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SC September 23,1985 MICHARD G. MOORE CECELIA J. BRUNER Peter B. Bloch, Esq. Dr. Kenneth A. McCollom Chairman Dean Atomic Safety and Licensing Board Division of Engineering, U.S. Nuclear Regulatory Commission Architecture and Technology Washington, D.C. 20555 Oklahoma State University Stillwater, Oklahoma 74074 Elizabeth B. Johnson Oak Ridge National Laboratory Dr. Walter H. Jordan P. O. Box X, Building 3500 881 West Outer Drive Oak Ridge, Tennessee 34830 Oak Ridge, Tennessee 34830 Re: Texas Utilities Electric Company, et al (Comanche Peak Steam Electric Station, Units 1 & 2); Docket Nos. 50-445 and 50 446CL

Dear Administrative Judges:

On September 16, 1985, the NRC Staff filed a " response" to a letter from CASE, dated August 26, 1985. That letter concerned Board Notification 85-077,

" Staff's Determination of Applicants Potential Material False Statement on U-Bolt Sample." The Staff found therein that there had been no material false statement within the meaning of Section 186 of the Atomic Energy Act, as amended (see July 19, 1985, Memorandum for Vince Noonan, Director, Comanche Peak Tasli Force from James M. Taylor, Director, Office of Inspection and Enforcement). In its letter, CASE " requested" that the Board hold hearings on that matter or, in the alternative, rule "now" that the subject statement "does constitute a material false statement." The Staff opposed CASE's requests.

This will inform the Board that Applicants do not intend to respond formally to CASE's request. Requests for Board action of this magnitude and questionable jurisdiction should, at a minimum, conform to the Rules of Practice concerning, inter alia, motions, as set forth in 10 C.F.R. Section 2.730 (see Duke Power

, Company (Cherokee Nuclear Station, Units 1, 2 and 3), ALAB-45W7 NRC 70, 71 (1978)). CASE's letter does not satisfy those requirements. Accordingly, we do not believe that a response or Board decision on the informal request is necessary or appropriate.

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Administrative Judges September 23,1985 Page Two Applicants' position regarding the status of the U-bolt torque sample matter is set forth in " Applicants' Motion for Clarification and/or Reconsideration of August 16, 1985 Memorandum and Order (Current Status of Discovery)," filed August 28,1985. Consistent with the discussion therein, at 7-11, any disposition of this matter, prior to consideration of material requested of Applicants by the Board, would amount to a denial of Applicants' outstanding motion for re-consideration. Applicants agree with the Staff that immediate hearings on this issue would not be appropriate in any event.

Sincerely Robert A. Wooldridge Counsel for Applicants RAW /kiw cc: Service List