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Category:CORRESPONDENCE-LETTERS
MONTHYEARML20137N1591997-03-31031 March 1997 Informs That Licensee Facility Scheduled to Administer NRC GFE on 970409.Sonalsts,Inc Authorized Under Contract to Support NRC Administration of GFE Activities ML20058M0361993-04-12012 April 1993 Partial Response to FOIA Request for Documents.Forwards Records in App L Which Are Being Withheld Partially for Listed Reasons,(Ref FOIA Exemptions 5) ML20248D6521989-07-20020 July 1989 Forwards Response to Util Re Bills D0184 & D0185 for Plant OL Application Review Costs by Various Program Ofcs Through June 1984 ML20245D9621989-04-28028 April 1989 Forwards Addl Info Re Bunker Ramo Instrumentation Penetration Modules,Per 890131 Request.Util Believes That Modules Environmentally Qualified in Accordance w/10CFR50.49 & NUREG-0588,Category II ML20205C3521988-09-23023 September 1988 Final Response to FOIA Request for Documents Re Plant. Forwards App D Documents.App D Documents Also Available in PDR ML20155A7001988-06-0202 June 1988 Informs That Const on Conversion of Plant to gas-fired Facility Began on 880404 ML20155A7401988-05-18018 May 1988 FOIA Request for Documents on 850731 & 870312 Meetings Re Plant.Document Re 840314 Meeting Previously Obtained & Therefore Excluded from Request ML20237B4361987-12-14014 December 1987 Final Response to FOIA Request for Documents.App B Document, Board Notification 84-024,encl & Also Available in PDR ML20236X6141987-12-0808 December 1987 Final Response to FOIA Request All Documents.No Addl Records Subj to Request Located ML20236U2571987-11-0505 November 1987 FOIA Request for Documents Re Ball Type Main Steam Isolation Valves Used at Facilities ML20235B3081987-09-21021 September 1987 Responds to FOIA Request for Documents,Including AEC to ACRS Forwarding Safety Evaluation Re Zimmer.App a Documents Cannot Be Located.App B Documents in Pdr.App C & D Documents Withheld (Ref 10CFR2.790) ML20235M4251987-07-13013 July 1987 Partial Response to FOIA Request for Documents Re Acrs. Forwards Documents for Categories One & Three of FOIA Request.Review of 21 Addl ACRS Documents Continuing ML20235K1731987-07-0909 July 1987 Partial Response to FOIA Request for Info Re Certain Contracts Awarded by NRC for Reporting Svcs.Forwards App a & B Documents.Documents Also Available in PDR ML20234F0911987-06-26026 June 1987 Responds to Appeal Re Denial of FOIA Request for Documents. Forwards Document 5 in App F.Portions of Document 5 Withheld (Ref FOIA Exemptions 6 & 7).Other Requested Documents Withheld (Ref FOIA Exemption 6) ML20215K1981987-06-19019 June 1987 Final Response to FOIA Request for Documents Re Allegations Concerning Plant.Forwards App G & H Documents.Documents Also Available in Pdr.App H Documents Partially Withheld (Ref FOIA Exemption 6) ML20213F9351987-05-0808 May 1987 Partial Response to FOIA Request.Forwards App F Document & Weld Allegations.App G Documents Partially Withheld (Ref FOIA Exemption 6) ML20206H4951987-04-13013 April 1987 Partial Response to FOIA Request for Documents Re Bechtel Employment Discrimination.Forwards App E Documents.App D Documents Withheld (Ref FOIA Exemption 6) ML20235G2321987-04-0101 April 1987 FOIA Request for Documents Re Forged NDE Inspectors Certification Supplied by Barclay Intl for Use at Quad Cities Nuclear Station & Stated Investigations at Plants ML20211A9531987-02-13013 February 1987 Advises That Financial Info Submitted for 1987 in Util Satisfies Requirements of 10CFR140.21 That Each Licensee Maintain Guarantee of Payment of Deferred Premiums for Operating Reactors Over 100 Mwe ML20212M7651987-01-16016 January 1987 Informs That Due to Demands on Staff,Nrc Will Respond by 870430 to 850607 Request for Review of Invoices D0184 & D0185 Re OL Application Review Costs Through 840623 ML20207C0151986-12-19019 December 1986 Forwards Notice of Withdrawal of Application for OLs & Termination of Proceeding,Per Util 860711 Request & ASLB 861217 Memorandum & Order Granting Motion ML20207C1191986-12-18018 December 1986 Forwards Order Terminating CPPR-81 & CPPR-82 Based on Fact That Const of Facility Ceased,Units Inoperable & Site Environmentally Stable,Per Util 860701 Request to Withdraw Application to Amend CPs ML20215B9641986-12-0505 December 1986 Notifies Util of 870204-05 Early Emergency Responders Workshop in Chicago,Il to Discuss Lessons Learned & Current Problems in Coordination & Integration of Emergency Response Efforts.Meeting Agenda & Preregistration Form Encl ML20214Q0911986-11-24024 November 1986 Partial Response to FOIA Request for Documents Re Ofc of Inspector & Auditor Investigations.Forwards App B Documents. Documents Also Available in PDR ML20214A0761986-11-14014 November 1986 Forwards Insp & Evaluation of Plant for Adequacy of Stabilization Plan,Documenting 861015-16 Site Insp & Review & Insp of Site Stabilization Rept.Environ Stabilization Satisfactory ML20215N0241986-10-28028 October 1986 Forwards Order from DOE Economic Regulatory Admininstration Granting Exemption from Prohibitions of Power Plant & Industrial Fuel Act of 1978 & Puc of Mi Opinion & Order Granting Relief from Commission 850329 Rate Order ML20215M8851986-10-28028 October 1986 Forwards Insp Repts 50-329/86-01 & 50-330/86-01 on 861015-16.No Violations Identified ML20211B5401986-10-0909 October 1986 Further Response to FOIA Request for Eight Categories of Documents Re Ee Kent Allegations Concerning Facilities. Forwards Documents Listed in App K ML20210S9971986-10-0202 October 1986 Requests Change in Facility Svc List Address to Ref Address. Related Correspondence ML20210S4131986-09-26026 September 1986 Further Response to FOIA Request for 16 Categories of Records Re Facilities.Forwards App D & E Documents.Documents Also Available in PDR ML20214T7431986-09-24024 September 1986 Forwards Form 8-K Filed W/Securities & Exchange Commission. Util Believes Info Presented Bears No Issues Currently Before Aslb.Related Correspondence ML20214N4541986-09-0808 September 1986 Provides List of Activities Re Remedial Soils Work Being Modified Pending Final Disposition of Issues Described in Util 860701 & Counsel s Withdrawing Request for CP Extension.W/Svc List.Related Correspondence ML20209E6621986-09-0505 September 1986 Responds to FOIA Request for Documents Re Util Response to NRC 840112 Confirmatory Order.Documents Listed on App Available in PDR IA-86-235, Responds to FOIA Request for Documents Re Util Response to NRC 840112 Confirmatory Order.Documents Listed on App Available in PDR1986-09-0505 September 1986 Responds to FOIA Request for Documents Re Util Response to NRC 840112 Confirmatory Order.Documents Listed on App Available in PDR ML20212K9061986-08-21021 August 1986 Forwards Request for Addl Info Re Environ Review of Util 860711 Request to Withdraw Applications for OL by 860828 ML20206M8311986-08-15015 August 1986 Forwards Util Response to ASLB 860716 Order.W/O Encl.Related Correspondence ML20212J1391986-07-25025 July 1986 Forwards ALAB-106 Monthly Rept for June 1986.Listed Nonconformance Repts & Addl Documents Closed During June Encl ML20207D7261986-07-11011 July 1986 Forwards Motion for Authorization to Withdraw OL Application & for Dismissal of OL & Order of Mod Proceedings & Motion for Termination of Aslab Jurisdiction.W/O Encl.Related Correspondence ML20202F9581986-07-11011 July 1986 Forwards Util Motion for Authorization to Withdraw OL Application & for Dismissal of OL & Order of Mod Proceedings & Motion for Termination of Appeal Board Jurisdiction,For Filing.W/O Encl ML20203B2351986-07-10010 July 1986 Informs That Review of 820622 Application to Receive Unirradiated Nuclear Fuel Assemblies Terminated,Per .Fission Chambers Should Be Disposed of & Licenses SNM-1904 & SNM-1905 Terminated,Per 10CFR70.38(b) ML20206T2401986-07-0101 July 1986 Advises That Since Facility Formally Abandoned as Nuclear Facility,Util Will Not Reply to Generic Ltr 86-05 Re TMI Action Item II.K.3.5 ML20202B1091986-07-0101 July 1986 Forwards Evaluation of 13 Specific Recommendations Contained in BNL Rept of Review of Surveillance & Maint Program,In Response to CE Norelius 860506 Request ML20206T4321986-07-0101 July 1986 Withdraws Application for Ols.Facility Will Be Converted to combined-cycle gas-fired Plant.Abandonment Actions & Equipment Sales Will Provide Assurance That Plant Cannot Be Used as Nuclear Facility ML20199J9181986-06-30030 June 1986 Submits ALAB-106 Quarterly Rept 51.No New Individuals Assigned quality-related Duties.Const Shut Down Since 840716 & No Const Activities Projected for Jul-Sept 1986 ML20211L0361986-06-25025 June 1986 Forwards Bechtel & B&W Nonconformance Repts for May 1986,per Memorandum & Order ALAB-106 ML20198E9051986-05-25025 May 1986 Forwards ALAB-106 Monthly Rept for Apr 1986,including Nonconformance Repts,Quality Action Requests,Equality Audit Finding,B&W Repts of Nonconformance & Audit Finding Repts. Only Nonconformance Repts Encl ML20205P9331986-05-23023 May 1986 Responds to Generic Ltr 86-10, Implementation of Fire Protection Requirements. Project in Surveillance & Maint Mode.Generic Ltr & FSAR Update Will Be Reviewed When Project Restarted ML20203Q2891986-05-0606 May 1986 Forwards BNL Technical Rept, Surveillance & Maint..., Based on NRC 851014-18 Insp.No Violations Noted.Items Identified Could Have Impact on Later Project Restart. Evaluation of Rept Recommendations Requested within 60 Days ML20203N3901986-05-0101 May 1986 Forwards Rev 2 to Tdi Owners Group App Ii:Generic Maint Matrix & Justifications. Rev Approved by Tdi Owners Group & Tdi ML20205N5861986-04-29029 April 1986 Forwards Corrected Page 1 to JW Cook to H Berkow Re Pipe Whip Restraint Design.Last Line Inadvertently Eliminated When Ltr Originally Issued 1997-03-31
[Table view] Category:INCOMING CORRESPONDENCE
MONTHYEARML20245D9621989-04-28028 April 1989 Forwards Addl Info Re Bunker Ramo Instrumentation Penetration Modules,Per 890131 Request.Util Believes That Modules Environmentally Qualified in Accordance w/10CFR50.49 & NUREG-0588,Category II ML20155A7001988-06-0202 June 1988 Informs That Const on Conversion of Plant to gas-fired Facility Began on 880404 ML20155A7401988-05-18018 May 1988 FOIA Request for Documents on 850731 & 870312 Meetings Re Plant.Document Re 840314 Meeting Previously Obtained & Therefore Excluded from Request ML20236U2571987-11-0505 November 1987 FOIA Request for Documents Re Ball Type Main Steam Isolation Valves Used at Facilities ML20216E4721987-05-28028 May 1987 Part 21 Rept 140 Re Potential Defect in Air Pressure Regulators Mfg by Bellofram.Dripwell Gasket May Fail Due to Mismachining of Gasket Seating Surface Causing Loss of Control Air & Starting Air Pressure ML20235G2321987-04-0101 April 1987 FOIA Request for Documents Re Forged NDE Inspectors Certification Supplied by Barclay Intl for Use at Quad Cities Nuclear Station & Stated Investigations at Plants ML20215N0241986-10-28028 October 1986 Forwards Order from DOE Economic Regulatory Admininstration Granting Exemption from Prohibitions of Power Plant & Industrial Fuel Act of 1978 & Puc of Mi Opinion & Order Granting Relief from Commission 850329 Rate Order ML20210S9971986-10-0202 October 1986 Requests Change in Facility Svc List Address to Ref Address. Related Correspondence ML20214T7431986-09-24024 September 1986 Forwards Form 8-K Filed W/Securities & Exchange Commission. Util Believes Info Presented Bears No Issues Currently Before Aslb.Related Correspondence ML20214N4541986-09-0808 September 1986 Provides List of Activities Re Remedial Soils Work Being Modified Pending Final Disposition of Issues Described in Util 860701 & Counsel s Withdrawing Request for CP Extension.W/Svc List.Related Correspondence ML20206M8311986-08-15015 August 1986 Forwards Util Response to ASLB 860716 Order.W/O Encl.Related Correspondence ML20212J1391986-07-25025 July 1986 Forwards ALAB-106 Monthly Rept for June 1986.Listed Nonconformance Repts & Addl Documents Closed During June Encl ML20207D7261986-07-11011 July 1986 Forwards Motion for Authorization to Withdraw OL Application & for Dismissal of OL & Order of Mod Proceedings & Motion for Termination of Aslab Jurisdiction.W/O Encl.Related Correspondence ML20202F9581986-07-11011 July 1986 Forwards Util Motion for Authorization to Withdraw OL Application & for Dismissal of OL & Order of Mod Proceedings & Motion for Termination of Appeal Board Jurisdiction,For Filing.W/O Encl ML20206T4321986-07-0101 July 1986 Withdraws Application for Ols.Facility Will Be Converted to combined-cycle gas-fired Plant.Abandonment Actions & Equipment Sales Will Provide Assurance That Plant Cannot Be Used as Nuclear Facility ML20202B1091986-07-0101 July 1986 Forwards Evaluation of 13 Specific Recommendations Contained in BNL Rept of Review of Surveillance & Maint Program,In Response to CE Norelius 860506 Request ML20206T2401986-07-0101 July 1986 Advises That Since Facility Formally Abandoned as Nuclear Facility,Util Will Not Reply to Generic Ltr 86-05 Re TMI Action Item II.K.3.5 ML20199J9181986-06-30030 June 1986 Submits ALAB-106 Quarterly Rept 51.No New Individuals Assigned quality-related Duties.Const Shut Down Since 840716 & No Const Activities Projected for Jul-Sept 1986 ML20211L0361986-06-25025 June 1986 Forwards Bechtel & B&W Nonconformance Repts for May 1986,per Memorandum & Order ALAB-106 ML20198E9051986-05-25025 May 1986 Forwards ALAB-106 Monthly Rept for Apr 1986,including Nonconformance Repts,Quality Action Requests,Equality Audit Finding,B&W Repts of Nonconformance & Audit Finding Repts. Only Nonconformance Repts Encl ML20205P9331986-05-23023 May 1986 Responds to Generic Ltr 86-10, Implementation of Fire Protection Requirements. Project in Surveillance & Maint Mode.Generic Ltr & FSAR Update Will Be Reviewed When Project Restarted ML20203N3901986-05-0101 May 1986 Forwards Rev 2 to Tdi Owners Group App Ii:Generic Maint Matrix & Justifications. Rev Approved by Tdi Owners Group & Tdi ML20205N5861986-04-29029 April 1986 Forwards Corrected Page 1 to JW Cook to H Berkow Re Pipe Whip Restraint Design.Last Line Inadvertently Eliminated When Ltr Originally Issued ML20197F8331986-04-28028 April 1986 Advises That Response to Generic Ltr 86-04 Re Engineering Expertise on Shift Inapproriate at Present Because Midland Not Currently Under Const.Commitment to Provide Info Will Be Added to Commitment Tracking Sys ML20210L2351986-04-25025 April 1986 Forwards ALAB-106 Monthly Rept for Mar 1986,including Nonconformance Repts,Quality Action Requests,Mgt Corrective Action Repts & Quality Audit Findings ML20203K8531986-04-23023 April 1986 Responds to NRC Re Allegation Concerning Adequacy of Pipe Whip Restraint Design.Project Records Placed in Storage & Personnel Performing Work Dispersed.Specific Design Approach Would Require Check of Records at Bechtel ML20203P1661986-04-21021 April 1986 Discusses 860407 Study Considering Options for Facility. Options Range from Abandonment of Facility to Completion as Nuclear Plant.Conversion of Plant to Combined Cycle gas-fired Plant Chosen as Most Favorable Option ML20209E6531986-03-28028 March 1986 FOIA Request for Documents Re Util Response to NRC 840112 Confirmatory Order ML20140F8781986-03-25025 March 1986 Forwards ALAB-106 Monthly Rept for Feb 1986,including Nonconformance Repts,Quality Action Requests,Mgt Corrective Action Repts & Quality Audit Findings ML20154H9651986-02-25025 February 1986 Forwards Nonconformance Repts Written or Closed During Jan 1986,per Memorandum & Order ALAB-106 ML20154D3581986-02-24024 February 1986 Confirms Items Agreed Upon in 860219 Telcon Re soil-related Issues.Util Will Discontinue Monitoring Dike Groundwater Wells During Shutdown & Site Maint.Authorization Given to Seal Weeping Wall Crack ML20198H2401986-01-24024 January 1986 Forwards ALAB-106 Monthly Rept for Dec 1985,including Bechtel Nonconformance Repts,Quality Action Requests,Mgt Corrective Action Repts & Quality Audit Findings ML20136F4771985-12-31031 December 1985 Forwards PNL-5718, Review of Tdi Diesel Generator Owners Group Engine Requalification Program,Final Rept, Technical Evaluation Rept ML20138Q5531985-12-31031 December 1985 Submits ALAB-106 Quarterly Rept 50.No New Individuals Assigned quality-related Duties Since 850930 Rept & No Const Activities Projected for Jan-Mar 1986 ML20136C5711985-12-20020 December 1985 Forwards Monthly Rept for Nov 1985,including Bechtel Nonconformance Repts,Quality Action Requests,Mgt Corrective Action Repts,Quality Audit Findings,B&W Repts of Nonconformity & Util Nonconformance Repts,Per ALAB-106 ML20138Q3871985-12-13013 December 1985 Ack Receipt of 851115 IE Bulletin 85-003, Motor-Operated Valve Common Mode Failures During Plant Transients Due to Improper Switch Settings. Valve Operability Program & Rept Scheduled to Be Completed Prior to OL Issuance ML20137Z1481985-11-27027 November 1985 Advises That Response to 851029 IE Bulletin 85-001, Steam Binding of Auxiliary Feedwater Pumps, Inappropriate at Present Since Plant in Surveillance & Maint Status.Schedule for Response Will Be Provided When Status Changes ML20137F2541985-11-25025 November 1985 Forwards ALAB-106 Monthly Rept for Oct 1985,including Bechtel Nonconformance Repts,Quality Action Requests,Mgt Corrective Action Repts & Quality Audit Findings,Per 730323 Order ALAB-106 & Amend 1 to Cp.Svc List Encl ML20138J4431985-10-25025 October 1985 Forwards Monthly Rept for Sept 1985,per Memorandum & Order ALAB-106 & Amend 1 to Cp,Including Bechtel Nonconformance Rept,Quality Action Requests,Mgt Corrective Action Repts, Quality Audit Findings & B&W Repts of Nonconformity ML20138D0031985-10-14014 October 1985 Informs That Util Will Submit Schedule for Meeting Requirements of 10CFR50.62(d) Per Generic Ltr 85-06 Re QA Guidance for ATWS nonsafety-related Equipment When & If Project Reactivated ML20133F7581985-10-0808 October 1985 Informs of Plans to Physically Disable Equipment Installed in & About Evaporator Bldg to Serve Process Steam to Dow Chemical Co,Per 850925 Resolution.Equipment & Structures Abandoned Are non-Q.Related Correspondence ML20137Y7921985-09-30030 September 1985 Submits Quarterly Rept 49,per ALAB-106.No New Individuals Assigned to quality-related Duties.Const at Plant Shut Down on 840716.No Const Projected for Fourth Quarter 1985.Next Quarterly Rept Will Be Submitted by End of Dec 1985 ML20133A3141985-09-27027 September 1985 Forwards Review of Section 4.7 of Technical Evaluation Rept PNL-5600, Review of Resolution of Known Problems in Engine Components for Tdi Emergency Diesel Generators, Reflecting Views Re Crankshafts for 16-cylinder Engines ML20133H1261985-09-25025 September 1985 Forwards Bechtel Nonconformance Repts,Quality Action Requests,Mgt Corrective Action Repts & Quality Audit Findings Written or Closed During Aug 1985,per Condition of Memorandum & Order ALAB-106 ML20138S0731985-09-17017 September 1985 Advises That Addl Excavation Between Tank Farm & Auxiliary Bldg Will Be Conducted Per NRC 850826 Authorization. Excavation Needed to Provide Supplemental Cathodic Protection.Svc List Encl.Related Correspondence ML20133H8841985-09-16016 September 1985 Discusses Ee Kent Allegations Re Plant,Per Encl . Decision Reflected in NRC Should Be Reconsidered. B Garde & T Devine of Gap Unwilling to Testify for Kent.Kent & Counsel Unable to Produce Expert Witnesses ML20140G8331985-08-23023 August 1985 FOIA Request for ACRS Documents Re Facility ML20137F7061985-08-12012 August 1985 Forwards Listed Documents Written or Closed During Jul 1985, in Accordance w/730323 Memorandum & Order ALAB-106 & Amend 1 to Cp.Only Nonconformance Repts Encl ML20133L8331985-08-0909 August 1985 Forwards Attachment 1 to Revised Exhibit D of Revised Compliance Filing & Application for Authorization to Issue Securities.Plan Is Requirement of Agreements W/Banks to Restructure Outstanding Debt.Related Correspondence ML20132B1841985-07-19019 July 1985 Forwards Monthly Repts for May & June 1985 Per Condition of 730323 Memorandum & Order ALAB-106 & Amend 1 to Cp.Related Correspondence 1989-04-28
[Table view] Category:LEGAL/LAW FIRM TO NRC
MONTHYEARML20236U2571987-11-0505 November 1987 FOIA Request for Documents Re Ball Type Main Steam Isolation Valves Used at Facilities ML20235G2321987-04-0101 April 1987 FOIA Request for Documents Re Forged NDE Inspectors Certification Supplied by Barclay Intl for Use at Quad Cities Nuclear Station & Stated Investigations at Plants ML20214T7431986-09-24024 September 1986 Forwards Form 8-K Filed W/Securities & Exchange Commission. Util Believes Info Presented Bears No Issues Currently Before Aslb.Related Correspondence ML20206M8311986-08-15015 August 1986 Forwards Util Response to ASLB 860716 Order.W/O Encl.Related Correspondence ML20202F9581986-07-11011 July 1986 Forwards Util Motion for Authorization to Withdraw OL Application & for Dismissal of OL & Order of Mod Proceedings & Motion for Termination of Appeal Board Jurisdiction,For Filing.W/O Encl ML20207D7261986-07-11011 July 1986 Forwards Motion for Authorization to Withdraw OL Application & for Dismissal of OL & Order of Mod Proceedings & Motion for Termination of Aslab Jurisdiction.W/O Encl.Related Correspondence ML20209E6531986-03-28028 March 1986 FOIA Request for Documents Re Util Response to NRC 840112 Confirmatory Order ML20133F7581985-10-0808 October 1985 Informs of Plans to Physically Disable Equipment Installed in & About Evaporator Bldg to Serve Process Steam to Dow Chemical Co,Per 850925 Resolution.Equipment & Structures Abandoned Are non-Q.Related Correspondence ML20133L8331985-08-0909 August 1985 Forwards Attachment 1 to Revised Exhibit D of Revised Compliance Filing & Application for Authorization to Issue Securities.Plan Is Requirement of Agreements W/Banks to Restructure Outstanding Debt.Related Correspondence ML20116C0311985-04-19019 April 1985 Forwards Proof of Svc of Motion for Leave to Participate as Amicus Curiae & Memorandum of City & County of Midland,Mi Re Aslab 850405 & 0313 Orders ML20115J5271985-04-19019 April 1985 Forwards Util Memorandum in Response to 850405 Order for Filing.W/O Encl.Related Correspondence ML20115J5181985-04-19019 April 1985 Forwards Motion for Leave to Participate as Amicus Curiae & Memorandum of City & County of Midland,State of Mi Re ASLB 850405 & 0313 Orders.W/O Encl.Related Correspondence ML20115J5371985-04-19019 April 1985 Forwards Bechtel Motion to Participate as Amicus Curiae & Response to Aslab 850405 Memorandum & Order.Requests That Motion Be Granted & Response Considered.Svc List Encl ML20129A0371985-04-16016 April 1985 FOIA Request for Plant Biennial Quality Audits for 1978,1980 & 1982 & Idvp for 1982 ML20128R0261985-04-0202 April 1985 FOIA Request for Eight Categories of Documents Re EA Kent Allegations Concerning Plants ML20133H8531985-04-0202 April 1985 FOIA Request for Eight Categories of Documents Re Ee Kent Allegations About Facilities for Oct 1980 to Present, Including NRC Investigations,Findings & Disposition of Subj Allegations ML20100F6731985-04-0101 April 1985 Considers Refs to Performance of Bechtel in ASLB 850123 Partial Initial Decision LBP-85-2 Unwarranted.Bechtel Was Not Party to Proceeding.Comments on Aslab 850313 Order Re LBP-85-2 Offered.Svc List Encl ML20112J5751985-04-0101 April 1985 Requests That Board Take No Action W/Respect to Proceeding Until Further Notice from Util & Board Not Require Interim Repts on Dow Litigation.Util Will Inform Board of Any Change in Status ML20112J6291985-04-0101 April 1985 Forwards Memorandum of CPC for Filing.W/O Encl.Related Correspondence ML20111B7021985-03-11011 March 1985 Forwards Executed Util Re OL Fee Assessment,Per ML20111B7551985-03-0808 March 1985 Forwards Util 850307 Response to OL Fee Assessment Bills D0184 & D0185.Encl Ltr Xerox Copy Due to Logistical Difficulties.Original Executed Copy to Be Delivered by 850311 ML20106D7051985-02-0808 February 1985 Forwards Applicant Response to Intervenor Stamiris 841224 Pleading.Related Correspondence ML20101T0421985-02-0101 February 1985 Requests Extension Until 850306 to File Petition for Reconsideration of 850123 Partial Initial Decision to Enable Applicant to Analyze Decision Implications.Nrc & Intervenor Have No Objection to Request ML20101S8971985-02-0101 February 1985 Forwards Motion for Extension of Time within Which to File Notice of Appeal of ASLB Partial Initial Decision.W/O Encl. Related Correspondence ML20101S8831985-02-0101 February 1985 Requests Extension of Time Until 850306 to File Petition for Reconsideration of 850123 Partial Initial Decision to Enable Applicant to Analyze Lengthy & Complex Decision.Granted for ASLB on 850204.Served on 850204 ML20125B2381984-11-28028 November 1984 FOIA Request for Records Re Coating Delamination Problem at Midland ML20092H9971984-06-22022 June 1984 Forwards Applicant Reply to NRC Further Supplemental Findings of Fact & Conclusions of Law Re QA & Applicant Reply to B Stamiris Second Set of Supplemental Findings.W/O Encls.Related Correspondence ML20084H7321984-05-0202 May 1984 Forwards Memorandum Opposing Govt Accountability Project Petition for Review for Filing.W/O Encl.Related Correspondence ML20083Q3831984-04-17017 April 1984 Repeats Request for ASLB to Withhold Decision on Intervenor 830808 Motion to Litigate Issues Raised by Dow Suit & to Open Discovery on Dow Issues.Review of Documents Should Be Complete in 2 Wks ML20090L6721984-03-15015 March 1984 Summarizes 840314 Telcon Decisions & Clarifies 840201 FOIA Request for Documents Re Facilities ML20087L0921984-03-15015 March 1984 Proposes to Defer Response to Stamiris 840304 Contention Re Transamerica Delaval Diesel Generators.Proof of Svc Encl ML20087G4191984-03-15015 March 1984 Proposes to Defer Response to Stamiris OL Contention Re Transamerica Delaval Diesel Generators Until After Receiving Stamiris Ltr in Support of Timeliness of Contention.Proof of Svc Encl ML20080N8721984-02-17017 February 1984 Requests Removal of Wc Potter from Svc List as Atty for Dow Chemical Co.Related Correspondence ML20086M7471984-02-10010 February 1984 Submits List of Corrections to 840127 Proposed Second Supplemental Findings of Fact & Conclusions of Law for Partial Initial Decision on QA Issues.Certificate of Svc Encl ML20105C3081984-02-0101 February 1984 FOIA Request for Matls on Encl List of Concerns Re Facility ML20079Q2981984-01-27027 January 1984 Forwards Proposed Second Supplemental Findings of Fact & Conclusions of Law for Partial Initial Decision of QA Issues & cross-reference to Previously Filed Proposed Findings & Responses to Proposed Findings on QA ML20079Q3061984-01-27027 January 1984 Forwards cross-reference to All Util Filed Findings of Fact & Conclusions of Law for Partial Initial Decision on QA Issues ML20081B0741984-01-23023 January 1984 FOIA Request for Repts Re Results of Investigation of Failed Reactor Vessel Holddown Studs on Unit 1 Reactor Vessel ML20079H8351984-01-19019 January 1984 Forwards Util Preliminary Pretrial Statement Filed in State of Mi Circuit Court for County of Midland.Statement Sent in Fulfillment of Obligation to Keep ASLB Informed of Developments Relevant to Proceeding ML20083H6311984-01-0303 January 1984 Forwards Replies to NRC 831115 & Stamiris 831216 Findings on Remedial Soils Issues,Per ASLB 830929 Order ML20082J5701983-11-23023 November 1983 Forwards Summarizing Presentation on Behalf of Util at 831115 Enforcement Conference in Chicago,Il ML20082J5811983-11-22022 November 1983 Documents Remarks Made on Behalf of Util at 831115 Enforcement Conference Re Alleged Violation of ASLB 820430 Order.Escalated Enforcement Action Inappropriate Due to 820611 Landsman Approval of Minor Excavations ML20081G7321983-11-0303 November 1983 Forwards Exhibit C to Motion to Compel & Application for Enforcement of Subpoenas Against Govt Accountability Project Deponents.W/O Encl.Svc List Encl ML20081D7951983-10-27027 October 1983 Forwards State of Mi Circuit Court Protective Order Entered by Stipulation in Dow Litigation ML20085L3541983-10-18018 October 1983 Forwards Documents Not Served at 830728 & 0921 Hearings. Certificate of Svc Encl.Related Correspondence ML20080T3371983-10-17017 October 1983 Corrects Typographical Errors Found in Applicant Response to Second Supplemental Memorandum in Support of Intervenor B Stamiris Motion to Litigate Dow Issues ML20079R0681983-09-29029 September 1983 FOIA Request for Documents Re Evaluation or Review of Design Const,Scheduling,Cost & Licensing of Facilities from 1977 to Present ML20080F7921983-09-14014 September 1983 Forwards Bechtel Ltr to Util Re Completion of Work Noted as Deficiency in Diesel Generator Bldg Notice of Violation. Installation Dates Derived from Various Unofficial But Reliable Documents.Certificate of Svc Encl ML20076L5131983-09-13013 September 1983 Forwards Seismic Margin Review,Vol Iv,Svc Water Pump Structure Margin Evaluation ML20077N7391983-09-0101 September 1983 Requests Depositions of CM Erb & Je Foster,For Defense in Lawsuit Re Claimed Failures of Structural Support Bolts 1987-04-01
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ISHAM, LINCOLN & BEALE DOCKETED usnac COUNSELORS AT LAW
, , , , , , , , , _ _ '82 M3V -8 A10 57 CHICAGO, pLUNOIS 00002 EDWIARD S. lSHAM. 1872-1902 '
LEX. 530.
'JuS'6"an" ".2= '
1 30 CTICU E . NE
- 4. 5,l,#.J,%.
. ?00 November 4, 1982 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
) Docket Nos. 50-329-OM CONSUMERS POWER COMPANY ) 50-330-OM
) 50-329-OL (Midland Plant, Units 1 ) 50-330-OL and 2) )
Dear Chief Judge Bechhoeffer:
Enclosed is a Policy Statement with respect to the Table S-3 matter issued by the Commission on November 1, 1982. The Policy Statement directs Licensing Boards "to proceed in reliance on the Final S-3 rule until further order from the Commission, provided that any license author-izations or other decisions issued'in reliance on the rule are conditioned on the final outcome of the judicial pro-ceedings." (p. 9).
In light of this guidance, Mrs. Sinclair's Contention 1, submitted on August 12, 1982 and resubmitted on September 9, 1982, must be rejected as a challenge to the Commission's
- regulations not made in accordance with 10 CFR S2.758.
Also, in light of this Policy Statement, CPCo will no longer send the parties copies of the pleadings in the Supreme Court in the " Vermont Yankee E" case.
Sin ly, ,
PPS:es
/
Ph1 ip P. S t
I enc.
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8211090487 821104 PDR ADOCK 05000329 C PDR $6 i
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LICENSING AND REGULATORY POLICY AND PROCEDURES FOR ENVIRONMENTAL PROTECTION; URANIUM FUEL CYCLE IMPACTS AGENCY: -Nuclear Regulatory Comission ACTION: Statement of Policy
. Earlier this year a decision of the United States Court of Appeals for the District of Columbia Circuit vacated three Commission rules which govern the treatment of uranium fuel cycle environmental impacts in individual nuclear power reactor licensing proceedings. Natural Resources Defense Council, et al. v. NRC, No. 74-1586 and consolidated cases (decided April 27,1982).1/ By its order of September 1,1982, the D.C. Circuit stayed its mandate pending the filing of application for review of the
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g decision by the Supreme Coart.
The* Solicitor General, on behalf of the Nuclear Regulatory Commission, on September 27, 1982, filed with the Supreme Court a petition for a writ of certiorari. Other parties to the case have also filed petitions for Supreme Court review. In this Statement of Policy
, the Commission provides guidance to the Commission's staff and licensing boards and the interested public regarding ongoing licensing proceedings and the status of licenses already issued, pending final action by the Supreme Court. 2/
1/ On June 30, 1982 the D.C. Circuit denied the Commission's petitions for rehearing and rehearing en banc.
2/ The Commission dealt with a previous invalidation of a fuel cycle rule by the D.C. Circuit in 1976 by issuance of a policy statement.
Natural Resources Defense Council v. NRC, 547 F.2d 633, rev'd sub nom.
Vermont Yankee Nuclear Power Corp. v. NRC, 435 U.S. 519 (1978). See (Continued on following page)
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- 1. Background of the Decision in NRDC v. NRC The rules in question form part of the Commission's procedures for compliance with the National Environmental Policy Act of 1969 (NEPA). 10 CFR Part 51. The Commission has interpreted NEPA as requiring that the environmental impacts of the uranium fuel cycle be considered in environmental impact statements for individual 1ight water nuclear power ,
reactors. E/ The Commission determined some time ago that a generic rule would be the most effectiv'e means for consi& ring such impacts in individual reactor licensing proceedings. The most recent version of the Comission's fuel cycle rule, the " Final" fuel cycle rule, was promulgated in 1979. 44 Fed. Reg. 45362 (August 2, 1979). 10 CFR 51.20, 51.23. The rule is frequently referred to as ", Table S-3," after the table of impacts which the rule prescribes for use in evaluating the fuel cycle contribution to the environmental costs of licensing an individual nuclear powei reactor.
In issuing reactor construction permits and operating licenses the Commission has relied on this fuel cycle rule or its predecessors (the 2/
- (Continued from preceding page)
General Statement of Policy, 41 Fed. Reg. 34707 (August 16,1976),and Supplemental General Statement of Policy, 41 Fed. Reg. 49898 (November 11, 1976). For reasons discussed in the text below, the Commission,does not i
believe that the major, though temporary, disruption in licensing announced by the policy statement of August 1976 is a necessary or appropriate response to the D.C. Circuit's latest decision.
EI In addition to the operation of the nuclear power reactor itself, the uranium fuel cycle includes uranium mining and milling, the production of uranium hexafluoride, isotopic enrichment, fuel fabrication, spent fuel storage and disposal, possible reprocessing of irradiated fuel, transportation of radioactive materials and management of low- and high-level wastes.
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" Original" and " Interim" rules) since adoption of the Original rule in 1974.
39 Fe'd. Reg. 14188 (April 22, 1974).
Litigation involving the fuel cycle rules began with the Original S-3 rule. In a decision issued July 21, 1976 the United States Court of Appeals for the District of Columbia Circuit set aside those portions of the Original rule pertaining to waste management and spent fuel reprocessing, Natural Resources Defense Council v. NRC, 547 F.2d 633, rev'd sub nom.
- Vermont Yankee Nuclear Power Corp. v. NRC, 435 U.S. 519 (1978), but the court stayed its mandate pending review on a petition for certiorari to the United States Supreme Court. The Supreme Court reversed the Court of 1
Appeals and remanded for further proceedings. The Court of Appeals consolidated the remanded case with challenges to the Commission's Interim
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b and Final fuel cycle rules'and issued a decision on April 27, 1982. NRDC v.
NRC, No. 74-1486 and consolidated cases.
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- 2. The Holding by the Court of Appeals l
In the D.C. Circuit's decision in NRDC v. NRC, Judge Bazelon, speaking l
for the majority, held the Commission's Original, Interim and Final Table S-3 rules invalid "due to their failure to allow for proper consideration of
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the uncertainties that underlie the assumption that solidified high-level and transuranic wastes will not affect the environment once they are sealed in a permanent repository." Slip Op. at 69. The court's opinion acknowledged that in promulgating the Final rule the Commission considered and disclosed uncertainties concerning permanent disposal of spent fuel and high-level wa,stes from power reactors. See the Commission's notice of final
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rulemaking, 44 Fed. Reg. 45362 (August 2, 1979). The court did not suggest that the evidentiary record for the Commission's final rulemaking omitted any substantial body of material regarding waste disposal uncertainties which might have bee,n available at the time of the ~rulemaking.
Nevertheless, the court held it to be a violation of NEDA that the rule binds., Licensing Boards to evaluate fuel cycle impacts on the basis of waste disposal impacts in Table S-3, which does not explicitly include uncertainties.S/
Although the court concluded that uncertainties could be dealt with generically, rather than on a case-by-case basis, the court held that the Table S-3 rule in question "does not allow the uncertainties concerning permanent storage to play a role in the ultimate licensing decision. That omission, and hence, the Rule, which causes it, constitutes a blatant A/ Concerning the choice not to include uncertainties explicitly in Table S-3, the Commission stated in promulgating the rule:
In view of the uncertainties noted regarding waste disposal, the question then arises whether these uncertainties can or should be reflected explicitly in the fuel cycle rule. The Commission has concluded that the rule should not be so modified. On the individual reactor licensing level, where the proceedings deal with fuel cycle issues only peripherally, the Commission sees no advantage in having licensing boards repeatedly weigh for them-selves the effect of uncertainties on the selection of fuel cycle impacts for use in cost-benefit balancing. This is a genetic question properly dealt with in this rulemaking as part of choosing what impact values should go into the fuel cycle rule.
The Commission concludes, having noted that uncertainties exist, that for the limited purpose of the fuel cycle rule it is reason-able to base impacts on the assumption which the Commission believes the probabilities favor, i.e., that bbdded-salt reposi-tory sites can be found which will provide effective isolation of radioactive waste from the biosphere.
44 Fed. Reo. 45369 (footnote omitted).
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violation of NEPA." Slip Op. at 46. The dissenting opinion by Judge Wilkey rejected the majority's analysis and would have upheld the Final rule on the
, grounds that in dealing with uncertainties the Comission had considered the relevant factors and arrived at a reasonable policy judgment.
An additional challenge had been raised to the Original and Interim rules that they improperly precluded Licensing Boards from considering health effects that might result from radioactive effluents set out in Table S-3 and also precluded consideration of socioeconomic and possible cumulative impacts of the fuel cycle. 5/ No such preclusion appeared explicitly in the rules, and the Commission had maintained before the court that no preclusion had been implicitly intended or ever actually applied.
Nevertheless, the majority held that the Original rule and the Interim rule, L- prior to an amendment in 1978, " effectively eliminated the consideration and disclosure of the health, socioeconomic and cumulative impacts of fuel-cycle activities." Slip Op. at 57. Accordingly, the majority held that the Original and Interim rules, in addition to their failure to provide for J
proper consideration of uncertainties, also failed to allow for proper consideration of health, socioeconomic and cumulative fuel cycle effects.
5/ This challenge Was not raised against the Final rule, which specifically requires that environmental impact statements "shall take account of dose commitments and health effects from fuel cycle effluents set forth in Table S-3 and shall in addition take account of economic, socioeconomic, and possible cumulative impacts and such other fuel cycle impacts as may reasonably appear significant." 10 CFR 51.23(c). Since ongoing licensing proceedings depend on the Final rule, this aspect of the court's decision does not bear on the Commission's decision whether to continue licensing.
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On the issue whether the waste management and reprocessing models underlying the entries in Table S-3 would be economically feasible, a majority of the panel (Judge Bazelon and Judge Wilkey) upheld the Comission's finding of feasibility.
- 3. Effect on the Power Reactor Licensing Program The D.C. Circuit's decision does not call into question the
' Comission's awareness of waste disposal uncertainties or the adequacy of the evidence regarding uncertainties in the record on which the Comission relied. 6_/ The state of the Final rulemaking record does not suggest that supplementary studies of uncertainties are likely to produce evidence that would change licensing decisions. 'The Comission continues to address the uncertainty over whether and when a permanent repository, or equivalent system of disposal, will be developed. Slip Op. at 45. The Comission has j
stated that. it would not license plants without reasonable confidence that safe waste disposal will be available when needed, and has found that it has such reasonable confidence. 42 Fed. Reg. 34391 (July 5, 1977), NRDC v. NRC, 581 F.2d 166 (2d Cir. 1978). The Comission is now entering the final 1
l O The Comission thus views the present decision by the D.C. Circuit not as a finding of fault with the evidentiary record on waste management impacts and uncertainties but rather as a rejection of the Comission's policy judgments regarding the weight and effect which those impacts and uncertainties should exert in reactor licensing. By way of.
contrast, after the D.C. Circuit issued its 1976 de' cision ~~the Commission suspended licensing pending the outcome of a supplementary environmental survey of waste management and reprocessing impacts to remedy what the Comission perceived as gaps in the record identified
! by the court. 41 Fed. Reg. 43707, 43708, col. 2.
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stages of the so-called " waste confidence" proceeding, a proceeding designed
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to reassess whether there is reasonable assurance that safe waste disposal will be available when needed. 44 Fed. Reg. 61372 (1979). The Court of Appeals has made clear that licensing need not be suspended pending the outcome of this reassessment. See Potomac Alliance v. NRC, F.2d (D.C. Cir. No. 80-1862, decided July 20, 1982). In view of these considerations and the high cost of delaying the issuance of licenses for qualified facilities, the Commission concludes that power reactor licensing may continue. Should the " waste confidence" proceeding arrive at an outcome inconsistent with this policy judgment, the Commission will immediately inform the Congress and will reassess the positions taken in this policy statement.
6 Next the question arises what role the fuel cycle rules should play in continued licensing. As the Commission interprets the D.C. Circuit and Supreme Court decisions which bear on environmental analysis of fuel cycle impacts, the Commission could conduct individual licensing proceedings by addressing fuel cycle impacts on a case-by-case basis without a generic rule. The Commission already deals with the matter partly in this fashion.
In application of the Commission's Final rule a number of significant generic fuel cycle issues, including health effects associated with the effluents given in Table S-3, are presently treated on a case-by-case basis, pending further progress toward an expanded generic rule. To move further toward case-by-case litigation would reintroduce the significant bu'rdens the rule was intended to relieve. Use of the S-3 rule has served the important purpose of providing the underlying basis for consideration of fuel cycle a
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impact's, and the Commission believes that an attempt to proceed without the rule would probably prove unworkable. In principle, and quite possibly in practice, contested licensing cases could rapidly evolve into replays of the S-3 rulemaking. 2/ The resulting delay and drain on staff resources would be substantial, and would not only delay licensing of qualified facilities,
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but would also substantially disrupt the Commission's regulatory program,'
including its program to develop safety standards for high-level waste disposal facilities.
The most straightforward way of proceeding is to continue using the S-3 rule in licensing, pending possible supplementation to be discussed later in this statement, insofar as such use is permissible. The Commission notes that after the~NRDC v. NRC decision of 1976 invalidating the Original S-3 rule', 547 F.2d 633, the court, by staying its mandate, in effect permitted the continuation of licensing pursuant to .the rule pending further judicial proceedings provided that future licenses be conditioned on the outcome.of those proceedings. See Supplemental General Statement of Policy, 41 Fed. Reg. 49898 (November 11,1976). The D.C. Circuit's current stay of mandate and the filing of petitions for Supreme Court review place the present case in a similar posture. Indeed the NRC advised the D.C.
Circuit that it would proceed in reliance on the rule should the court grant its request to stay the mandate. The Commission anticipate' s that the 2/ The same result could follow if the Commission amended the rule t6 allow Licensing Boards to take evidence on uncertainties in the Table S-3 entries. Such a proceeding could readily lead to complete reexamination of the Table by each board.
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mandate will not issue until the Supreme Court has either declined review or taken review and addressed the merits of the lower court's decision.
Accordingly, the Comission directs its Licensing and Appeal Boards to proceed in continued reliance on the Final S-3 rule until further order from the Comission, provided that any license authorizations or other decisions issued in reliance on the rule are conditioned on the final outcome of the judicial proceedings. .
With regard to licensing proceedings now closed in which there was reliance on any of the fuel cycle rules, the Commission has concluded that for the present, at least, show-cause proceedings based on issues raised by the D.C. Circuit's decision should not be initiated. The Court of Appeals specifically noted that it expressed no view as to the validity of licenses g already issued pursuant to the rule's and that the matter of the validity of each would be addressed in subsequent judicial proceedings. Slip Op. at 69.
Several cases which have been held in abeyance pending disposition of the main case challenge the validity of licenses and permits issued for specific facilities. 8_/ The Commission believes these cases should remain in s
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I The court cited five cases 'now before the D.C. Circuit in which individual licenses granted under the Original or Interim rules have been challenged on that ground. These include Lloyd_ Harbor Study
- Group, Inc. v. NRC, No. 73-2266; Aeschliman v. NRC, No. 73-1776; i
Saginaw Valley Study Group v. NRC No. 73-1867; TRDC v. NRC, -
No. 74-1385; Coalition for the Inv,ironment v. NRC, No. 7 M 905. Also, I there is pending in the First Circuit a challenge to a reactor construction permit involving as an issue the validity of the fuel cycle rule. New England Coalition on Nuclear Pollution v. NRC,
- No. 76-1525.
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abeyance,'pending final Supreme Court action and has advised the courts of this position. The Commission does not intend to initiate show-cause proceedings sua sponte for these or other licenses, pending further direction by the courts. The Commission directs that any petitions for such proceedings filed pursuant to 10 CFR 2.206, insofar as they raise issues associated with validity of the S-3 rules, be held in abeyance pending a further order from the Commission.
' 4. Supplementation of the Record As the Commission noted in promulgating the Final rule, events which might lead to major releases from the bedded-salt repository used as the model for the S-3 rule appear remots in probability while any releases which might reasonably be expected eventually to occur appear very small.
Accordingly, the Commission found that the staff's assumption that the integrity of the repository would be maintained after sealing was a reasonable description of the performance of a properly selected repository and, when taken together with the staff's highly conservative assumption that all volatile fission products in reactor spent fuel would be released to the atmosphere prior to repository sealing, left Table S-3 overall a conservative description of fuel cycle impacts. See 44 Fed. Reg. 45$69, col. 2. Considering the rule's limited purpose and taking into account the Commission's " waste confidence" proceeding, the Commission continues to believe that the record of the final S-3 rulemaking contains adequate information on waste disposal uncertainties to support continued use of the fuel cycle rule. -
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T'he Comission notes that over the past few years considerable effort has been devoted to the development of the national standards for a repository by the Environmental Protection Agency. These draft standards are essentially complete and should be issued soon as formal proposals. The NRC staff has informed the Commission that the release limits contained in the EPA standards and the studies done in support of the standards may provide additional information on releases associated with waste disposal.
The Chairman of the NRC has urged early issuance of these important standards and the supporting documents.
The NRC staff has been directed to examine the EPA standard when published for comment and supporting documentation as it becomes available to determine the degree to which it could be used in Table S-3. This g examination will include releases u*nder both normal and abnormal conditions.
The NRC staff should be prepared to provide recommendations on pcssible revisions within 60 days of publication of the EPA standards for comment.
Dated at Washington, D.C. this 29th day of October, 1982.
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SAMUEL Secretaryof)J.CHILK the Commission n y-