ML20125B217

Responds to 790815 Order Confirming Suspension of Const. NRC Should Assess & Publicly Address Civil Penalties Issue. Requests Participation in Hearing as Interested State

ML20125B217
Person / Time
Site:	Marble Hill
Issue date:	08/23/1979
From:	Stephens R KENTUCKY, COMMONWEALTH OF
To:	Stello V NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
Shared Package
ML19261F168	List: ML20125B217 ML20125B220 ML20125B225 ML20125B228 ML20125B233
References
NUDOCS 7910250447
Download: ML20125B217 (2)

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ATTACHMENT 1 pq gq Y'MU CoNwoNwcALTH or KcNTucKy OFFIC E OF TH E ATTOR N EY G EN ERAT.

Ro:: car F. STEPHCNS FRANKFORT

'"'""c'" August 23, 1979 #!

Victor Stello, Jr. ,' Director

'Of fice of Inspection and Enforcement United States Nuclear Regulatory Commission Washington, D.C. 20555 RE: Public Service Co. of Indiana, Inc. , et al. ,

(Marble Hill Nuclear Generating Station, Units 1 and 2), Docket Nos. STN 50-546/547

Dear Mr. Stello:

This letter is in response to your " order Confirming suspension of Construction", dated August 15, 1979. We are very concerned about the construction problems uncovered at the Marble Hill Nuclear Generating Station site. As the order states, some of the non-compliances are of long duration. Others reflect faulty construction practices and inadequate inspections which could compromise the integrity of safety-related structures. From what we know of the situation, the Commission was correct in confirming by order a halt to safety-related construction until PSI can demonstrate that it will comply with the quality as-surance criteria for nuclear power plants contained in Appendix B of 10 C.F.R. Part 50. No balancing of economic or other factors should be considered by the Co:. mission when violations of regulations concerning safety is discovered, for ". . .

[0]nce a regulation is adopted, the standards it embodies represents the Commission's definition of what is required to protect the public health and safety". Vermont Yankee Nuclear Power Corp. (Vermont Yankee Nuclear Power Station) , ALA3 138, RAI-73-7, 520, 528 (July, 1973).

The allegations concerning attempts to withhold knowledge of defective concrete from inspectors and the new allegations of f alsified test reports are even more distressing. Criminal as well as civil proceedings should be instituted if these allegations turn out to be true. Even if there were no criminal acts committed, we do not understand why the Commission has not, to our knowledge, instituted a proceeding to assess civil penalties 7 910250 '/N 90019250

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Victor Stello, Jr.

i United States Nuclear Regulatory Commission August- 23, 1979 Page Two pursuant to 10 C.F.R. 2.205. We believe the Commission should address this issue publicly. i We note that PSI prepared to go forward with construction several times this summer, only to stop work af ter finding additional deficiencies in its' concrete-work. Based on this poor track record, we are concerned that PSI may receive permission from ,

the Commission to resume work before it is capable of doing so in compliance with .all Commission requirements. Consequently, we will carefully review the submission by PSI under Part IV of the order and any Commission approval to resume. safety-related con-struction, and will take appropriate legal action to review any Ccmmission action we disagree with.

Since we believe it was proper to halt safety-related construction at the Marble Hill site, we do not seek a hearing under the terms of Part V of the order dated August 15, 1979. However, if a hearing is requested and held, we wish to participate in the hearing as an interested state pursuant to 10 C.F.R. 2. 715 ( c) .

Sincerely,

)E Ro ert F. Stephens Attorney General.

90019251 e

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