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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20212M2711999-09-30030 September 1999 Order Approving Transfer of Licenses DPR-66 & NPF-73 from Dlc to Pennsylvania Power Co & Approving Conforming Amends ML20212E5361999-09-24024 September 1999 Memorandum & Order.* Grants Local 29 Waiver of Time Limits for Filing Comments,In View of Claim of Newly Available Info & Refers Comments Re Firstenergy Ability to Run Beaver Valley NPP Safely.With Certificate of Svc.Served on 990924 ML20212G0661999-09-23023 September 1999 Answer of Duquesne Light Co Opposing Petition to Waive Time Limits & Suppl Comments of Local 29 Intl Brotherhood of Electrical Workers.* Request That Commission Deny Request for Leave to File Untimely Comments.With Certificate of Svc ML20212C5611999-09-21021 September 1999 Answer of Firstenergy Nuclear Operating Co & PPC in Opposition to Petition to Waive Time Limits & Suppl Comments of Local 29 Intl Brotherhood of Electrical Workers.* with Certificate of Svc ML20212C5751999-09-20020 September 1999 Affidavit of Td Martin on Beaver Valley Staffing.* Affidavit of Td Martin Re Nuclear Staffing Analysis Update of Staffing Benchmarking Analysis Completed on 980227 for Beaver Valley Power Station ML20212B3361999-09-16016 September 1999 Petition to Waive Time Limits in 10CFR2.1305 & Supplemental Comments on Local 29,Intl Brotherhood of Electrical Workers.* Local 29 Does Not Believe FENOC Can Safely Operate Facility If Positions Eliminated.With Certificate of Svc L-99-122, Comment Supporting Draft RG DG-10736, Svc Level I,Ii & III Protective Coatings Applied to Npps1999-07-28028 July 1999 Comment Supporting Draft RG DG-10736, Svc Level I,Ii & III Protective Coatings Applied to Npps ML20210C6511999-07-23023 July 1999 Memorandum & Order.* Orders That Petition to Intervene Filed by Local 29,IBEW Denied.With Certificate of Svc.Served on 990723 L-99-106, Comment Opposing Proposed Rule 10CFR50 Re Industry Codes & Standards1999-06-29029 June 1999 Comment Opposing Proposed Rule 10CFR50 Re Industry Codes & Standards ML20196F1911999-06-23023 June 1999 Reply of Local 29,Intl Brotherhood of Electrical Workers.* Requests That Commission Deny Answers of Dl & Firstenergy Nuclear Operating Co & Grant Local 29 Petition to Intervene as of Right.With Certificate of Svc ML20195H5141999-06-16016 June 1999 Answer of Firstenergy Nuclear Operating Co & Pennsylvania Power Co in Opposition to Petition for Leave to Intervene of Local 29,Intl Brotherhood of Electrical Workers.* Requests That Commission Deny Petition.With Certificate of Svc ML20195J5581999-06-16016 June 1999 Answer of Duquesne Light Co to Petition to Intervene of Local 29,International Brotherhood of Electrical Workers. Commission Requested to Deny Local 29 Petition to Intervene. with Certificate of Svc ML20195H3881999-06-0303 June 1999 Petition to Intervene of Local 29,Intl Brotherhood of Electrical Workers in Matter of Firstenergy Nuclear Operating Co,Pennsylvania Power Co & Duquense Light Co.With Certificate of Svc L-98-067, Comment Opposing Proposed Rule 10CFR50 Re Industry Codes & Stds1998-04-0303 April 1998 Comment Opposing Proposed Rule 10CFR50 Re Industry Codes & Stds ML20198P9311997-11-0707 November 1997 Comments of American Municipal Power-Ohio,Inc.NRC Should Require Allegheny Power Sys,Inc to Affirm That Capco Antitrust License Conditions Will Be Followed ML20149E3241997-07-0808 July 1997 Comment on Proposed Regulatory Guidance Re Implementation of 10CFR50.59.Efforts of Nuclear Energy Inst Supported by Util ML20141A7171997-06-18018 June 1997 Comment Opposing Proposed NRC Bulletin 96-001,suppl 1, Control Rod Insertion Problems, Published in Fr on 970520. Insufficient Justification Exists to Warrant Requested Actions ML20138E0341997-04-23023 April 1997 Comment Supporting Revs to General Statement of Policy & Procedure for Enforcement Actions.Util Does Not Understand How Investigation Rept Is to Be Edited in Order to Protect Privacy of Individual ML20136E7311997-03-0303 March 1997 Comment Supporting Proposed Generic Communication, Effectiveness of Ultrasonic Testing Systems in Inservice Inspection Programs ML20134L3401997-01-22022 January 1997 Resolution 96-R-85, Resolution Supporting Merger of Centerior Energy Corp & Ohio Edison Under New Holding Co Called Firstenergy ML20134N2011996-11-11011 November 1996 Comment Supporting Proposed Rev 2 to Regulatory Guide 1.160 Monitoring the Effectiveness of Maint at Npps ML20134N2811996-11-11011 November 1996 Comment Supporting Draft Supplement 3 to NUREG 0654/FEMA REP 1 ML20128M5851996-10-0404 October 1996 Comment on Proposed Generic Communication, Primary Water Stress Corrosion Cracking of Control Rod Drive Mechanism & Other Vessel Head Penetrations ML20116G9151996-08-0202 August 1996 Comment Supporting Proposed Rule 10CFR26 Re Mods to Fitness-For-Duty Program Requirements ML20112H9241996-06-10010 June 1996 Suppl to Comment 4 Opposing Proposed Rule 10CFR50, Reporting Reliability & Availability Info for Risk- Significant Sys & Equipment ML20097G8991996-02-12012 February 1996 Comment Opposing Petition for Rulemaking PRM-50-63 Which Would Amend Emergency Planning Std in 10CFR50.47 ML20095D9351995-12-0707 December 1995 Comment on Proposed GL, Boraflex Degradation in SFP Storage Racks. Util Suggests That Words as Well as Future Projected Be Deleted from Stated Sentence ML20086M8391995-07-11011 July 1995 Comment Supporting Proposed Generic Ltr Re Process for Changes to Security Plans W/O Prior NRC Approval ML20086L0661995-07-11011 July 1995 Comment Supporting Pr 10CFR50 Re Changes in Frequency Requirements for Emergency Planning & Preparedness Exercises from Annual to Biennial ML20085M0171995-06-13013 June 1995 Comment Supporting Proposed Rule 10CFR2, Petition for RM; Procedure for Submission ML20081G9151995-03-15015 March 1995 Comments on Draft Reg Guide DG-8012, Instruction Concerning Risks from Occupational Radiation Exposure ML20078A0491995-01-12012 January 1995 Comment on NUREG-1122,rev 1 Re Technical Catalog for Nuclear Power Plant Operators Who Operate PWR Reactors ML20078R3371994-12-0909 December 1994 Comment Supporting Proposed GL Re Reconsideration of NPP Security Requirements for Internal Threat ML20077F7341994-11-10010 November 1994 Comment Supporting Proposed Rule 10CFR20 Re Frequency of Medical Exams for Use of Respiratory Equipment.Medical Determination Prior to Initial Fitting of Respirators Needed for New Workers Due to Unfamiliar Medical Histories ML20072K3681994-08-0909 August 1994 Comment Opposing Proposed Rule Change for 10CFR26 Re Consideration of Changes to fitness-for-duty Requirements. Util Suggests NRC Retain Current Scope of 10CFR26 as Is ML20070H6791994-07-13013 July 1994 Comment Supporting Proposed Rulemaking 50-59 Re Virginia Power;Filing of Petition for Rulemaking ML20071N4751993-11-29029 November 1993 Comments on Proposed Rule Re Commission Trial Program to Allow Public Observation of NRC Enforcement Conferences ML20044E2781993-05-13013 May 1993 Comment Supporting Petition for Rulemaking PRM-50-58 Re VEPCO Petition to Change Frequency of Emergency Planning Exercise from Annual to Biennial ML20105C9481992-09-15015 September 1992 Comment Supporting Proposed Rev to 1983 Staff Technical Position on Radwaste Classification, Technical Position on Concentration Averaging & Encapsulation ML20099E1871992-07-24024 July 1992 Comment Supporting Proposed Rules 10CFR20 & 61 Re LLW Shipment Manifest Info & Reporting ML20101T6101992-07-10010 July 1992 Comment Supporting Proposed Rule 10CFR50 Re Receipt of Byproduct & SNM ML20055F4251990-07-0202 July 1990 Comment Opposing Petition for Rulemaking PRM-50-55 Re Petitioner Request That NRC Change Requirement That Nuclear Power Plant Licensees File Revs to Final FSAR No Less Frequently than Annually ML20206M8071988-11-28028 November 1988 Comment Opposing Proposed Rule 10CFR26 Re Random Drug Testing Provision in Fitness for Duty Program.Local 142 Members Can Accept & Work Under Fitness for Duty Program That Contains Only Just Cause Drug Testing Provision ML20195J3381988-11-28028 November 1988 Comment Opposing Proposed Rule 10CFR26 Re Random Testing Provision of Fitness for Duty Program.Members of Local 142 at Plant Can Accept & Work Under Fitness for Duty Program That Contains Only Just Cause Drug Testing Provision ML20195J3521988-11-28028 November 1988 Comment on Proposed Rule 10CFR26 Re Fitness for Duty Program.Local 142 Members Opposed to Proposed Random Drug Testing.Supports Just Cause Drug Testing Provision ML20206F9951988-11-16016 November 1988 Comment Opposing Proposed Rule 10CFR26 Re Fitness for Duty Program.Opposed to Random Drug Testing Provision to Be Included in Program ML20206G0021988-11-16016 November 1988 Comment Opposing Proposed Rule 10CFR26 Re Fitness for Duty Program.Opposed to Random Drug Testing Provision to Be Included in Program ML20206F9761988-11-16016 November 1988 Comment Opposing Proposed Rule 10CFR26 Re Fitness for Duty Program.Opposed to Random Testing Provision to Be Included in Program ML20206F9501988-11-16016 November 1988 Comment Opposing Proposed Rule 10CFR26 Re Fitness for Duty Program.Opposed to Random Drug Testing to Be Included in Program ML20206F7121988-11-16016 November 1988 Comment Opposing Proposed Rule 10CFR26 Re Fitness for Duty Program.Opposed to Random Drug Testing Provision in Program 1999-09-30
[Table view] Category:ORDERS
MONTHYEARML20212M2711999-09-30030 September 1999 Order Approving Transfer of Licenses DPR-66 & NPF-73 from Dlc to Pennsylvania Power Co & Approving Conforming Amends ML20212E5361999-09-24024 September 1999 Memorandum & Order.* Grants Local 29 Waiver of Time Limits for Filing Comments,In View of Claim of Newly Available Info & Refers Comments Re Firstenergy Ability to Run Beaver Valley NPP Safely.With Certificate of Svc.Served on 990924 ML20210C6511999-07-23023 July 1999 Memorandum & Order.* Orders That Petition to Intervene Filed by Local 29,IBEW Denied.With Certificate of Svc.Served on 990723 ML20133M6351977-09-30030 September 1977 Order Modifying License DPR-66,assuring Adequate Net Positive Suction Head to Recirculation Spray & Low Head Safety Injection Pumps in Recirculation Mode of Operation Following Postulated LOCA 1999-09-30
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7,0 7$5 00r' GEO UNITED STATES OF AMERICA USMRC NUCLEAR REGULATORY COMMISSION COMMISSIONERS: '99 SEP 24 P1 :42 Greta Joy Dieus, Chairman Ci Nils J. Diaz A.
Edward McGaffigan, Jr. ADJ. .p Jeffrey S. Merrifield
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in the Matter of )
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DUQUESNE LIGHT COMPANY, AND )
FIRSTENERGY NUCLEAR OPERATING CO. ) Docket Nos. 50-334-LT & 50-412-LT PENNSYLVANIA POWER CO. )
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(Beaver Valley Power Station, Units 1 and 2 )
SERVED SEP 2 41999 CLl-99-25 MEMORANDUM AND ORDER The Commission had closed this proceeding on July 23,1999. CLI-99-23,50 NRC 21.
However, on September 15,1999, Local 29 of the International Brotherhood of Electrical Workers (" Local 29") filed with the Commission a pleading styled " Petition to Waive Time Limits in 10 C.F.R. 9 2.1305 and Supplemental Comments" in this license transfer proceeding involving the Beaver Valley Power Station. Duquesne Light Company, FirstEnergy Nuclear Operating Company and Pennsylvania Power Company (collectively "FirstEnergy") filed Answers opposing Local 29's petition and comments. The NRC staff, as is its usual practice in license transfer proceedings, has chosen not to participate as a party in this case. For the reasons set forth below, we waive the time limit set forth in section 2.1305 and refer the comments to the NRC staff.
BACKGROUND This proceeding involves a proposed trai efer of interests in the Beaver Valley Power Station from Duquesne Light Company to FirstEnergy. Application, dated May 5,1999. On 9909270033 990924 PDR ADOCK 05000334
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2 June 3*, Local 29 sought to intervene and offered comments addressing FirstEnergy's failure to l
~ indicate how it intended to staff the Beaver Valley facility. In CLI-99-23, slip op. at 2, the 1
Commission denied the Union's petition to intervene on the following ground:
The Commission's newly promulgated rules for license transfer set out two possible avenues to address issues that may arise from license transfer applications: written comments or hearings. In this instance, Local 29 has filed a
" petition to intervene' but has specifically declined to request a hearing. In the absence of a hearing request, there is no potential adjudicatory proceeding in ,
which to intervene. Accordingly, we must deny Local 29's " petition to intervene" l and treat it as a submission of comments on the license transfer application pursuant to 10 C.F.R. 6 2.1305.... The Commission will consider and, if i
! appropriate, respond to Local 29's comments in accordance with 9 2.1305. We l are referring the comment to the NRC staff for its consideration as it reviews the l license transfer application. l On September 15*, Local 29 filed supplemental comments out-of-time, explaining that, until September 2"d, it had lacked access to the information necessary to make specific j arguments regarding the safety implications of FirstEnergy's proposed staffing levels for the Beaver Valley facility. Now that Local 29 has obtained this information, it wishes to file l comments pursuant to 10 C.F.R. G 2.1305(b), despite that regulation's provision that comments l must be submitted within thirty days after the Commission issues a public notice of its receipt of
- l. the application, in sum, Local 29 argues that FirstEnergy's plan to eliminate the jobs of 104 members of the Local will adversely affect plant safety. See Petition at 3-7. Local 29 seeks
! three forms of relief: (1) waiver of the timi limit for submitting its supplemental comments, (2) a requirement that FirstEnergy demonstrate its ability to operate Beaver Valley safely despite the 104 layoffs, and (3) such hearings or other proceedings as may be necessary to ensure the l
l safe operation of the Beaver Valley facility if the application is granted. See Petition at 7.
DISCUSSION f
We construe Local 29's instant requests for relief to fall within Subpart M's " comments" option rather than its " adjudicatory hearing" option. Local 29 has not attempted in its petition to L
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.3 meet the regulatory standards for intervention petitions and adjudicatory hearing requests set forth in 10 C.F.R. 2.1306. Indeed, it does not even cite those standards. Moreover,it repeatedly refers to its wish to submit supplemental " comments," and only once even uses the word " hearing" (in the final sentence of its petition). Further, the " hearing request" in that last sentence does not seek an adjudicatory hearing per se but rather is phrased far more generally
-- asking the Commission "to hold such hearings or other proceedings as may be necessary to ensure the safe operation of Beaver Valley ... if the application is granted." Petition at 7.
We therefore will treat Local 29's request in an administrative (" comment") rather than an adjudicatory (" hearing") context. Regarding Local 29's first and second requests for relief, we grant Local 29 a waiver of the time limits for filing comments, in view of Loca' 29's claim of newly available information, and we refer Local 29's comments to the staff with instructions to 1
consider, expeditiously, whether those comments call into question FirstEnergy's ability to l l
operate the Beaver Valley plant safely. As to Local 29's third request for relief (seeking "such I hearing or other proceedings as may be necessary"), we consider the NRC staff's ongoing l review to be sufficient, in Local 29's words, "to ensure the safe operation of Beaver Valley."
Local 29's petition provides no justification for conducting a parallel adjudication on issues that the NRC staff will already be considering. See Cleveland Elec. Illum. Co. (Perry Nuclear Power Plant, Units 1 and 2), CLl-86-7,23 NRC 233,236 (1986), aff'd sub nom. Ohio v. NRC,814 F.2d 258 (6* Cir.1987).
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! IT IS SO ORDERED.
Mso For the Commission' s
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5 e MF M b,y ,
Annette L. Vietti-Cook V ,, y Secretary of the Commission E/ated at Rockville, Maryland, this 24'" day of September,1999. ,
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' Commissioner Diaz was not available for the affirmation of this Order. If he had been present, he would have approved the Order.
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[ UNITED STATES OF AMERICA ,
NUCLEAR REGULATORY COMMISSION l in the Matter of DUQUESNE LIGHT COMPANY, ) Docket Nos. 50-334/412-LT FIRSTENERGY NUCLEAR OPERATING )
COMPANY, AND ) .
PENNSYLVANIA POWER COMPANY ) l (Beaver Valley Power Station, )
Units 1 and 2) )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing COMMISSION MEMORANDU.M AND ORDER (CLI-99-25) have been served upon the following persons by deposit in the U.S. mail, first class, as indicated by an asterisk (*) or through deposit in the Nuclear Regulatory Commission's internal mail system as indicated by double asterisks ("), with copies by electronic mail as indicated.
Office of Commission Appellate John E. Matthews, Esq.*
Adjudication ** Morgan, Lewis & Bockius, LLP U.S. Nuclear Regulatory Commission 1800 M Street, NW Washington, DC 20555 Washington, DC 20036 (E-mail: matt 7524@mlb.com)
Roy P. Lessy, Jr., Esq.* Scott J. Rubin, Esq.*
Akin, Gump, Strauss, Hauer & Feld, LLP 3 Lost Creek Drive 1333 New Hampshire Ave., NW, Suite 400 Sellinsgrove, PA 17870 Washington, DC 20036 (E-mail: sirubin@otd. net)
(E-mail: riessv@akinaumo.com)
Larry R. Crayne, Esq.*
Assistant General Counsel Duquesne Light Company 411 Seventh Avenue Pittsburgh, PA 15219 (E-mail: larry r cravne@dic.dae.com)
O btM/DA tA_
Office of the Secretary of the ConTmission Dated at Rockville, Maryland this 24* day of September 1999 l
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