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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20210E5881999-06-30030 June 1999 Comment Supporting Draft Reg Guide DG-1074, Steam Generator Tube Integrity. Northern States Power Endorses Comments Transmitted by NEI Ltr ML20216C1841998-03-0202 March 1998 Comment Opposing Proposed GL Addressing Issue of Yr 2000 Readiness as Published in FR,980129,volume 63,number 19,pp 4498 Notice of Opportunity for Public Comment.Nsp Suggests That Draft Ltr Not Be Issued ML20199C2721997-10-27027 October 1997 Comment Supporting Proposed Rules 10CFR50 & 73, Proposed Amends to NRC Requirements for Emergency Preparedness & Security DD-97-18, Director'S Decision DD-97-18 Re 970528 Petition Filed by Prairie Island Indian Community Requesting That USNRC Take Action to Determine That NSP Violated Requirements of 10CFR72.122(i).Request Denied Due to Listed Reasons1997-08-29029 August 1997 Director'S Decision DD-97-18 Re 970528 Petition Filed by Prairie Island Indian Community Requesting That USNRC Take Action to Determine That NSP Violated Requirements of 10CFR72.122(i).Request Denied Due to Listed Reasons ML20216G2821997-08-26026 August 1997 Petition for Rulemaking PRM-72-4 to Suspend for Cause Northern Station Power Co Matl License SNM-2506 Needed to Operate Independent Spent Fuel Storage Installation at Prairie Island Nuclear Generating Plant ML20148Q5641997-06-23023 June 1997 Order Prohibiting Involvement in NRC Licensed Activities (Effective Immediately).Prohibits Jl Barnhart from Any Involvement in NRC-licensed Activities for Period of 5 Yrs from Date of Order ML20140E4721997-05-28028 May 1997 Petition by Prairie Island Indian Community,Per 10CFR2.206, Requesting That NRC Determine That NSP Violated Requirements of 10CFR72.122(I) by Using License SNM-2506 for ISFSI Prior to Establishing Conditions for Safely Unloading TN-40 ML20138K1511997-05-0606 May 1997 Comment Supporting Proposed Rule 10CFR73 Re Changes to Nuclear Power Plant Security Requirements ML20148R2451997-04-24024 April 1997 Demand for Info Re Jl Barnhart Contract Employee at NSP, Working Under Temporary Unescorted Access Authorization. NRC Needs Info to Determine Whether Enforcement Action Should Be Taken to Ensure Future Compliance W/Requirements ML20134P6241996-11-26026 November 1996 NRC Staff Response to Florence Township Motion for Dismissal & Request for Hearing.Concludes That Motion Should Be Denied for Reasons Set Forth.W/Certificate of Svc ML20129D4771996-10-15015 October 1996 NRC Response to Petition for Leave to Intervene of Minnesota Dept of Public Svc.* Dept Should Be Permitted to Participate as Interested State,If Another Petition Granted. W/Certificate of Svc & Notice of Appearance ML20117E4051996-08-0909 August 1996 Comment Supporting Proposed Rule 10CFR26 Re Fitness for Duty Rule ML20117K0031996-05-0101 May 1996 Order,Granting Dismissal of Motions by Nsp,Public Utilities Commission & Environ Quality Board for Protective Orders Per Discovery & Plaintiff Motion for Temporary Injunction ML20094J0471995-10-11011 October 1995 Comment on Proposed Rules 10CFR60,72,73 & 75 Re Safeguards for Spent Fuel or High Level Radwaste ML20086T3861995-07-20020 July 1995 Comment Opposing Proposed NRC GL on Testing of safety- Related Logic Circuits ML20085E5261995-06-0606 June 1995 Comment Supporting Proposed Rule 10CFR73 Re Changes to NPP Security Requirements Associated W/Containment Access Control ML20083K2731995-04-28028 April 1995 Comment on Proposed Rule 10CFR50 Re Primary Reactor Containment Leakage Testing for water-cooled Power Reactors. Urges NRC to Support Rev to NEI 94-01 Which Will Allow Use of Two Reduced Pressure Type a Tests as Prerequisites ML20077M6181994-12-30030 December 1994 Comment Re Proposed Rule 10CFR50 Re Low Power Operations for Np Reactors.Util Believes That Pr Will Have Higher Impact than Described in Regulatory Analysis,As Pr Will Extend Refueling Outages at All Plants ML20071H4161994-06-30030 June 1994 Comment Supporting Petition for Rulemaking PRM-20-23 Re Reduction of Radioactive Emission from 100 Mrems to 1 Mrem/Yr ML20059K5201994-01-26026 January 1994 Demand for Info to Determine Whether Commission Can Have Reasonable Assurance That Other Burns Employees & Managers Will Carry Out Licensed Activities W/O Discriminating Against Individuals Re Safety Issues ML20062M4001993-12-30030 December 1993 Comment Supporting NUMARC Position on Proposed Rule 10CFR73 Re Protection Against Malevolent Use of Vehicles at NPPs ML20045G0941993-04-21021 April 1993 Comment on Proposed Rules 10CFR50,52 & 100 Re Nuclear Power Plant Instrumentation for Earthquakes.Nothing Exists Between Monitor Recording Time & CAV Methodology ML20101F6861992-06-0909 June 1992 Comment Supporting Proposed Rules 10CFR19 & 20 to Extend Implementation Date of Revised 10CFR20 ML20090J9581992-03-12012 March 1992 Comment on Proposed Rule 10CFR51 Re Environ Review of Applications to Renew Operating Licenses for Nuclear Plants. Licensee Endorses NUMARC Comments ML20087F7221992-01-14014 January 1992 Comments on Draft Reg Guide DG-8005, Assessing External Doses from Airborne Radioactive Matls. Disagrees W/Statement That Airborne Concentration Measurements Unreliable ML20086R7431991-12-12012 December 1991 Comment on Draft Reg Guide DG-8006, Control of Access to High & Very High Radiation Areas in Nuclear Power Plants ML20011E4861990-02-0707 February 1990 Comment on Proposed Rule 10CFR71 Re Compatibility of Pu Air Transport Regulations W/Iaea Stds.Supports EEI-UWASTE/NUMARC Comments to Be Provided to NRC by 900209 ML20248D2831989-09-28028 September 1989 Notice of Appearance.* Advises That Author Will Enter Appearance in Proceeding on Behalf of Nrc.W/Certificate of Svc ML20247Q2661989-09-26026 September 1989 Establishment of Aslb.* Board Will Comprise of Mb Margulies, Chairman & Oh Paris & Fj Shon,Members.W/Certificate of Svc. Served on 890926 B13367, Comment on Proposed Rules 10CFR30,40,50,60,70,72 & 150 Re Preserving Free Flow of Info to Commission.Nrc Made Wise Choice to Not Impose Any Obligation on Private Parties to Include Affirmative Statement in Employment Agreements1989-09-20020 September 1989 Comment on Proposed Rules 10CFR30,40,50,60,70,72 & 150 Re Preserving Free Flow of Info to Commission.Nrc Made Wise Choice to Not Impose Any Obligation on Private Parties to Include Affirmative Statement in Employment Agreements ML20248C8751989-09-13013 September 1989 Response to Order Modifying Licenses & Order to Show Cause Why Licenses Should Not Be Revoked.* Requests Hearing on Issues,Including Funds for Equipment.Supporting Info Encl ML20246C7141989-08-18018 August 1989 Order to Show Cause Why CPs CPEP-1 & CPEP-2 Should Not Be Revoked & Requiring Licensee to Notify Commission at Least 30 Days Before Taking Possession of Any Classified Equipment ML20245G0721989-08-0303 August 1989 Comment on Draft Reg Guide, Assuring Availability of Funds for Decommissioning Nuclear Reactors. Recommends That NRC Recommendation on Trust Agreement Wording Be Deleted or NRC Should Grandfather Existing Trusts Such as for Plants ML20248B6201989-08-0202 August 1989 Comments on Draft Reg Guide, Assuring Availability of Funds for Decommissioning Nuclear Reactors. NRC Should Permit Use of Potential Tax Refund as Source of Decommissioning Funds ELV-00674, Comment Opposing Proposed Rules 10CFR50,72 & 170 Re Storage of Spent Nuclear Fuel in NRC-Approved Storage Casks at Nuclear Power Reactor Sites. 10CFR72.6(c) Should Be Revised to Provide for Storage W/O ISFSI Requirement1989-07-0707 July 1989 Comment Opposing Proposed Rules 10CFR50,72 & 170 Re Storage of Spent Nuclear Fuel in NRC-Approved Storage Casks at Nuclear Power Reactor Sites. 10CFR72.6(c) Should Be Revised to Provide for Storage W/O ISFSI Requirement ELV-00679, Comment on Proposed Rule 10CFR50, Acceptance of Products Purchased for Use in Nuclear Power Plant Structures,Sys & Components. Agrees W/Numarc Comments Provided to NRC on 8906261989-07-0505 July 1989 Comment on Proposed Rule 10CFR50, Acceptance of Products Purchased for Use in Nuclear Power Plant Structures,Sys & Components. Agrees W/Numarc Comments Provided to NRC on 890626 ML20246K4801989-07-0505 July 1989 Comment Opposing Proposed Rule 10CFR50, Acceptance of Products Purchased for Use in Nuclear Power Plant Structures,Sys & Components ML20246D8811989-06-30030 June 1989 Comment Supporting Proposed Rule 10CFR50, Acceptance of Products Purchased for Use in Nuclear Power Plant Structures,Sys & Components ML20245D2481989-06-16016 June 1989 Comment on Proposed Rules 10CFR50,72 & 170 Re Storage of Spent Nuclear Fuel in NRC-Approved Storage Casks at Nuclear Power Reactor Sites. NRC Must Consider Provision in Rule to Permit Indiscriminate Storage of Spent Fuel at Reactors ML20246Q2971989-05-15015 May 1989 Comment Opposing Proposed Rule 10CFR50 Re Ensuring Effectiveness of Maint Programs for Nuclear Power Plants ML20245J0191989-04-14014 April 1989 Comment Re Proposed Rule 10CFR50 Re Ensuring Effectiveness of Maint Programs for Nuclear Power Plants ML20244B3241989-04-10010 April 1989 Comment Opposing Proposed Rule 10CFR50 Re Ensuring Effectiveness of Maint Programs for Nuclear Power Plants ML20247A2971989-04-0404 April 1989 Comment Supporting Proposed Rule 10CFR50 Re Ensuring Effectiveness of Maint Programs for Nuclear Power Plants ML20246M2771989-03-20020 March 1989 Decision.* Affirms Board Decision LBP-89-05 Granting CP & OL to Licensee.Certificate of Svc Encl.Served on 890321 ML20246N9471989-03-0808 March 1989 Comment on Proposed Rev 3 to Reg Guide 1.9 Re Selection Design,Qualification,Testing & Reliability of Diesel Generator Units Used as Onsite Electric Power Sys at Nuclear Power Plants B13113, Comment on Proposed Rev 3 to Reg Guide 1.9, Selection, Design,Qualification,Testing & Reliability of Diesel Generator Units.... Util Recommends Rule Be Revised to Incorporate Addl Flexibility in Considering Age of Diesel1989-03-0808 March 1989 Comment on Proposed Rev 3 to Reg Guide 1.9, Selection, Design,Qualification,Testing & Reliability of Diesel Generator Units.... Util Recommends Rule Be Revised to Incorporate Addl Flexibility in Considering Age of Diesel ML20236B4641989-03-0808 March 1989 Comments on Proposed Rev 3 to Reg Guide 1.9, Selection, Design,Qualification,Testing & Reliability of Diesel Generator Units Used as Onsite Electric Power Sys at Nuclear Power Plants. Reg Guide Does Not Provide Flexibility JPN-89-008, Comment Opposing Proposed Rule 10CFR50 Re Ensuring Effectiveness of Maint Programs for Nuclear Power Plants1989-02-27027 February 1989 Comment Opposing Proposed Rule 10CFR50 Re Ensuring Effectiveness of Maint Programs for Nuclear Power Plants B13136, Comment Opposing Proposed Rule 10CFR50 Re Effectiveness of Maint Programs for Nuclear Power Plants.Proposed Rule on Maint Will Not Improve Maint in Plants Nor Improve Safety or Reliability of Plants.Proposed Rule Much Too Vague1989-02-27027 February 1989 Comment Opposing Proposed Rule 10CFR50 Re Effectiveness of Maint Programs for Nuclear Power Plants.Proposed Rule on Maint Will Not Improve Maint in Plants Nor Improve Safety or Reliability of Plants.Proposed Rule Much Too Vague ML20235T3581989-02-27027 February 1989 Comment Opposing Proposed Rule 10CFR50 Re Maint Programs for Nuclear Power Plants.Util Endorses Comments Filed by NUMARC & Nuclear Util Backfitting & Reform Group.Rule Fails to Provide Basis for Determining Effective Maint Program 1999-06-30
[Table view] Category:ORDERS
MONTHYEARML20148Q5641997-06-23023 June 1997 Order Prohibiting Involvement in NRC Licensed Activities (Effective Immediately).Prohibits Jl Barnhart from Any Involvement in NRC-licensed Activities for Period of 5 Yrs from Date of Order ML20117K0031996-05-0101 May 1996 Order,Granting Dismissal of Motions by Nsp,Public Utilities Commission & Environ Quality Board for Protective Orders Per Discovery & Plaintiff Motion for Temporary Injunction ML20246C7141989-08-18018 August 1989 Order to Show Cause Why CPs CPEP-1 & CPEP-2 Should Not Be Revoked & Requiring Licensee to Notify Commission at Least 30 Days Before Taking Possession of Any Classified Equipment ML20151U7821988-08-10010 August 1988 Order Modifying License DPR-44,DPR-56,NPF-39 & CPPR-107 for Violations Involving Licensed Operators Sleeping in Control Room,Reading Matls Not Directly Job Related & Otherwise Inattentive to Obligations of License ML20151G5961988-07-26026 July 1988 Special Prehearing Conference Order.* Discusses ASLB Rulings from 880721 Special Prehearing Conference.Served on 880727 ML20195D0611988-06-16016 June 1988 Order (Scheduling of Special Prehearing Conference).* Parties & State of Tn Directed to Appear at 880721 Special Prehearing Conference Re Application for Ol.Served on 880617 ML20236N8061987-07-31031 July 1987 Order.* Parties Directed to File Simultaneous Briefs,Not to Exceed 10 Pages,Discussing Applicability of ALAB-869 to Sierra Club Contentions on or Before 870814.Served on 870803 ML20210B8061987-05-0101 May 1987 Order.* NRC 861020 Order Directing Licensee to Show Cause Why OL Should Not Be Modified to Prohibit Use of Radios,Tapes,Television Sets or Other Audible Entertainment Devices Recinded & Proceeding Dismissed.Served on 870501 ML20211D0291987-02-13013 February 1987 Order.* Staff Directed to File W/Commission & Serve on Petitioners & Licensees Detailed Explanation of Health & Safety Basis for 861020 Order Re Use of Audio Equipment in Control Rooms by 870306.Carr Views Encl.Served on 870217 ML20215J1421986-10-20020 October 1986 Order to Show Cause Why Radios or Other Electrical/ Electronic Equipment Used to Provide Background Music in Control Rooms Should Not Be Removed (Ref IE Info Notice 85-053 & Circular 81-02) DD-85-19, Order Extending Time Until 860303 for Commission to Review Director'S Decision DD-85-19.Served on 8602201986-02-19019 February 1986 Order Extending Time Until 860303 for Commission to Review Director'S Decision DD-85-19.Served on 860220 ML20212H8201986-01-10010 January 1986 Order Re Ex Parte Communication from P Miriello.Ltr Being Served on Counsel for Parties in Drug Contention WB-3. Objections to Making Ltr Publicly Available Must Be Received by 860124 ML20237L4631984-11-29029 November 1984 Order Modifying License DPR-35.Licensee Shall Complete Independent Contractor Assessment of Radiological Controls Program by 841230 & Provide Region I Administrator W/ Contractor Repts by 850130 ML20054L8401982-06-30030 June 1982 Memorandum & Order Overruling Certain Objections to Prehearing Conference Order & Referring Certain Questions to Aslab ML17273A0631979-08-0303 August 1979 Order 8995 Adopting FERC Order 450 Re Location & Preservation of Records ML20128A8141978-11-17017 November 1978 Order Granting Unopposed Motion for Extension,To & Including 790105,for Filing Reply to ASLB 781013 Order. Certificate of Svc Encl ML20127G6051978-06-19019 June 1978 Notice & Order Scheduling Prehearing Conference.* W/Certificate of Svc & Svc List ML20127G5851978-05-11011 May 1978 Order Granting Extension to & Including 780530 of Time for Filing of Answer to Joint Motion to Terminate Proceeding Filed by NRC Staff,Licensee & Mn Pollution Control Agency. W/Certificate of Svc & Svc List ML20127G5691978-04-13013 April 1978 Order Granting Extension to & Including 780430,of Time for Filling of Answer to Joint Motion to Terminate Proceeding Filed by NRC Staff,Licensee & Minnesota Pollution Control Agency ML20125B5841978-02-27027 February 1978 Order Dismissing Proceeding Due to Withdrawal of Mn Pollution Control Agency as Party.No Items of Controversy Remain ML20127J4381977-12-13013 December 1977 Order Re Proposed Amend to Provisional Operating License DPR-22,authorizing Mod of Sfsp to Increase Capacity ML20127J3761977-10-31031 October 1977 Order Extending Time Until 771115 for Filing an Answer to Petition for Leave to Intervene by Mn Pollution Control Agency 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 ML20127J2841977-03-11011 March 1977 Order Modifying License DPR-22 to Require Submittal of Reevaluation of ECCS Cooling Performance Calculated in GE Evaluation Model Approved by NRC & Corrected for Errors ML20125A5031976-11-16016 November 1976 Order Re Stated Intervenor 750514 Addl Contention C.1 on Atws.W/Certificate of Svc & Svc List ML20127J3351976-11-16016 November 1976 Order Re Schedule for Completion of ATWS Compliance & Evidentiary Hearings on Outstanding Issues Re Facility ML20236B6351976-07-0606 July 1976 Order Extending Latest Const Completion Date for CPPR-39 to 770101 ML20125A4971976-05-11011 May 1976 Order Approving 760301 Stipulation Per Acceptance of 760507 Proposed TS Change on Radiological Releases.W/Certificate of Svc & Svc List ML20236B7481976-04-15015 April 1976 Order Relative to Scenic Shoreline Motion on Notification of Meetings,Etc.* Denies Intervenor Motion Postmarked 870329 Re Notification of Meetings & Establishment of Seismic Review Committee.Certificate of Svc & Svc List Encl ML20236C0441975-12-23023 December 1975 Order Relative to Motions from San Luis Obispo Mothers for Peace & Jj Forster Pertaining to Special Nuclear Fuel.* Denies Motions.Board Concludes That Record Supports Issuance of Part 70 License to Applicant for SNM ML20125A4881975-08-0505 August 1975 Memorandum & Order Re Stated Intervenor Motion on Atws.W/ Certificate of Svc & Svc List ML20236C7701975-06-24024 June 1975 Order Relative to Evidentiary Hearing San Luis Obispo Mothers for Peace Motion Pertaining to Storage of Nuclear Fuel Assemblies.* Orders All Parties to Be Prepared to Present Evidence Re Listed & Other Matters During Hearing ML20236C9141975-03-12012 March 1975 Order Relative to San Luis Obispo Mothers for Peace Motion of 750203 Concerning Conferences Between PG&E & NRC Regulatory Staff.* Denies San Luis Obispo Mothers for Peace 750203 Motion ML20127P5281975-03-11011 March 1975 Memorandum & Order Granting Petition for Leave to Intervene Filed by Minnesota Pollution Control Agency Re Proposed Changes to Plant TS ML20125A4741975-03-11011 March 1975 Memorandum & Order Re 740722 Notice of Proposed Amend to License DPR-22 Concerning Prompt Relief Trip Sys ML20125B4201975-02-0303 February 1975 Order Granting 750401 Request for Extension of Time to File Responses to Board 750127 Questions Re Environ Matters. Certificate of Svcs & Svc List Encl ML20127N5271974-12-27027 December 1974 Order Modifying License DPR-22 Re ECCS Evaluation Model Developed by GE ML20127H4831974-12-27027 December 1974 Order for Mod of License to Require Licensee to Submit Reevaluation of ECCS Cooling Performance Prior to Any License Amend Authorizing Any Core Reloading ML20236D3601974-11-26026 November 1974 Memorandum & Order Relative to Supplemental Motion of Mothers for Peace for Stop Order & Commission Memorandum & Order Concerning Financial Assistance.* Board Denial of San Luis Obispo Mothers for Peace Motion Reaffirmed ML20236D4181974-11-0404 November 1974 Order Relative to Mothers for Peace Motion for Stop Order & Motion to Compel & PG&E Request for Extension of Time for Response to Addl Interrogatories.* Denies Motion to Compel & Grants Request for Extension to Respond to Addl Questions ML20127M8371974-10-30030 October 1974 Order Postponing Starting Date of Evidentiary Hearing from 741106 to 1112.* ML20127L0071974-10-0404 October 1974 Notice & Order Convening Evidentiary Hearing in Proceeding on 741106 in Saint Paul,Mn ML20127G5351974-09-0505 September 1974 Order.* Grants Extension to 740913 of Time for Filing of Responses to Minnesota Pollution Control Agency Interrogatories ML20236B5501974-05-30030 May 1974 Order Relative to Petitions to Intervene.* Order Granting & Rejecting Listed Contentions Presented by Intervenors During 740326 & 27,0430 & 0501 Prehearing Conference ML20127M8411974-04-30030 April 1974 Memorandum & Order.Ruling on Petition for Leave to Intervene ML20236B6551974-04-0303 April 1974 Order.* Scenic Shoreline Preservation Conference,Inc 731205 Petition to Suspend Const of Plant,Alleging Newly Discovered Geological Questions,Consolidated W/Other Matters to Be Taken Up at 740503 Prehearing Conference ML20127G5251974-03-0606 March 1974 Order Postponing Prehearing Conference from 740319-20 ML20058K7101973-12-18018 December 1973 Memorandum & Order.* Order Requesting Derating of Certain BWRs ML20127G7621973-08-24024 August 1973 Order for Mod of License.License DPR-22 Changed to Include Lco,Sections 3.5.J & 3.5.K & Surveillance Requirements, Sections 4.5.J & 4.5.K ML20127J3481973-08-0606 August 1973 Memorandum & Order Re Petition for Derating of Certain BWRs 1997-06-23
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of NORTHERN STATES POWER COMPANY ) Docket Nos. 50-282 (Prairie Island Nuclear Generating ) 50-306 Plant, Units 1 & 2) .
NORTHERN STATES POWER COMPANY Docket No. 50-263 (Monticello Nuclear Generating E A 86-164 Plant)
ORDER TO SHOW CAUSE I.
The Northern States Power Company (Licensee) is holder of License Nos.
DPR-42 and DPR-60 authorizing the Licensee to operate the Prairie Island Nuclear Generating Plant, Units 1 & 2 and License No. DPR-22 authorizing the Licensee to operate the Monticello Nuclear Generating Plant. The Licenses-were issued by the Nuclear Regulatory Commission (N R C or Commission) on i
A pril 15,1974, October 29, 1974 and January 9,1981 respectively.
II.
On February 9,1981, the N R C's Office of Inspection and Enforcement issued IE Circular No. 81-02, " Performance of NR C-Licensed Individuals While On D u ty ," ex pressin g NRC concern with respect to licensee efforts to maintain a professional atmosphere in the control room at operating nuclear facilities. In particular, the N R,C noted that potentially distracting activities 8610240322 861020 PDR ADOCK 05000263 G PDR
in the control room such as playing radios and TV's should be prohibited.
Continuing observation of control room operation by N R C inspectors indicated that, in general, the high, standards of contrcl room professionalism discussed in IE Circular 81-02 was being met at most operating facilities. N evertheless ,
N R C observations at some operating facilities indicated the need for further management attention to one of the areas described in that Circular which included continued usage of radios in the control room. Consequently, IE Information Notice No. 85-53, " Performance of N R C -
Licensed Individuals W hile On D u ty ," was issued by the N R C's Office of Inspection and E nforcement on July 12,1985 to reemphasize the need for licensees to establish and enforce a policy prohibiting distracting activities by control.
room personnel including the usage of radios and T V's.
In response to this Information Notice, the Licensee sent a letter dated August 19, 1985 to E xecutive Director for O perations (ED0) of the NRC noting that, since commencement of operations at the Monticello and Prairie Island facilities, the Licensee had permitted control room operators to have a radio playing background music. The Licensee noted that this practice has been carefully monitored by plant management to assure that the programming and loudness was such that it did not constitute a distraction to the operators . Nonetheless , the Licensee noted that, in response to the July 12, 1985 Information Notice, radios were removed from the control rooms of the Licensee's Monticello and Prairie Island facilities. The Licensee went on to note that this change produced a very negative effect on the morale of operators and noted that a number of operators had ta ken the step of i
correspondin g either with the company or with the NRC to note their dissatisfaction with the N R C's policy in this regard.
In its letter, the L,1censee suggested an alternative , specifically the installation of a tape deck with a library of tapes reviewed and approved by plant management as to content and with the loudness controlled to a nondistracting level.
On September 10, 1985, the EDO responded to the Licensee's August 19, 1985 letter reaffirming the N R C's staff's position that music could potentially have a significant negative effect on the attentiveness of operators and their ability to closely monitor plant statu s. Thus, the Licensee's proposed citernative was rejected. .
As a consequence of the Licensee's direction to remove radios from the control rooms of its Prairie Island and Monticello facilities, there followed meetings between the Licensee's management and the International Brotherhood I
of Electrical Workers, AFL-CIO, Local 160 (Union), whose members included ;
control room operators at each of the Licensee's nuclear facilities. The Union argued to the Licensee's management that removal of the radios was improper and unjust. On October 8,1985, the matter was reduced to a formal written complaint and thereafter appealed to binding arbitration on November 4,1985.
Following a hearing before a neutral Arbiter selected from a panel submitted by the Federal Mediation and Conciliation Service, Office of Arbitration, the i l
Arbiter sustained the Union's grievance and directed the Licensee to return a ;
i radio forthwith to the control room of the Monticello facility. The Arbiter's i 1
decision was issued October 1,1986. In response to the Arbiter's decision, the Licensee permitted re-institution of the practice of playing of a radio in the i
I
. - - r , . . - - - , , . _ _ _ . . . . _ _ m, _ . .- - _ -.. m,
4_
Monticello facility control room and the Arbiter's decision could form the basis for re-instituting this practice in the Prairie Island control rooms as well. No formal advance notification. of this return to past practice was made to either the Regional Administrator of Region III or the EDO.
The N R C continues to be of the view that the playing of radios, tapes, T V 's , or other devices w hich generate. an au dible sound, constitute a potential hazard to safe operation of a nuclear facility . NRC licensed operators in the control rooms at nuclear power plants are responsible for assuring that the facility is operated safely and within the requirements of the facility's license, technical specifications, rules, regulations, and orders of the N R C. To be able to carry out these highly important responsibilities,'
! control room operators must give their full attention to the condition of the plant at all times. O perators must be alert to ensure that the plant is operating safely and must be capable of taking timely action to prevent any progress toward a condition that might be unsafe. All control room business must be con ducted in such a manner that neither licensed control room operator attentiveness nor the professional atmosphere will be compromised.
i The playing of radios, TV's, tapes, etc. in control rooms does not enhance the operators' ability to concentrate upon licensed duties and can potentially have a significant negative effect on the attentiveness of operators and their ability to closely monitor plant status. Consequently, to assure continued protection of the public health, safety, and interest, the N R C staff believes facility operation when audible entertainment devices are in use in the control room is unacceptable.
In light of the above, I question whether operators will be sufficiently attentive to licensed responsibilities if audible entertain ment devices are allowed in the control roon!. Accordingly, I may be unable to conclude there is reasonable assurance that the operators at the Prairie Island facility or the Monticello facility will operate the facilities in accordance with the Commission's requirements if audible entertainment devices are used in the control room.
III.
Accordingly, pursuant to Sections 103,161b. ,161c. , and 161o. of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in.
10 C F R Parts 2 and 50, IT IS HEREB Y ORDERED, that the Licensee show cause, as specified in Section IV of this Order, why Licenses Nos. DPR-22, DPR-42, and DPR-60 should not be modified to condition facility operation to prohibit the use of radios, tapes, T V's or other audible entertainment devices in the control rooms of the Prairie Island and Monticello facilities.
IV.
The Licensee may show cause within 25 days of the date of the Order by filing a written answer under oath or affirmation which sets forth the facts of the matter and the law on which the Licensee relies. The Licensee may answer as provided in 10 CFR Section 2.202(d) by consenting to the entry of an order in substantially the form proposed in this Order to Show Cause.
Upon failure of the Licensee to file an answer within the specified time, the
I Director of the Office of Inspection and Enforcement may issue without further notice an order modifying the Licenses as described in Section III.
V.
The Licensee, or other person adversely affected by this Order, may request a hearing within 25 days of the date of this Order. This request shall be su bmitted to the Director, Office of Inspection and E nforcement, U. S. Nuclear Regulatory Commission, Washington, D. C. 20555. A copy of the request for hearing should also be sent to the Assistant General Counsel for Enforcement, Office of the General Counsel, at the same address. If a person other than the Licensee requests a hearin g , that person shall set' forth with particularly the manner in which the person's interest is adversely affected by this Order. If a hearing is requested by the Licensee or any person who has an interest adversely affected by this Order, the Commission will issue an Order designating the time and place of any such hearing.
If a hearing is held, the issue to be considered at the hearing shall be w hether the Licenses should be modified to prohibit use of audible entertainment devices such as radios, TV's, and tapes in the control rooms of the Prairie Island and Monticello facilities.
FOR THE NUCLEAR REGULATORY COMMISSION
//
httu ampt M. TayloV l
/0 Mce of Inspew/ Director on and Enforcement Datedatgethesda, Maryland thisJo day of October, 1986.
\ . . .. .
Northern States Power Company Distribution W. A. Shamla, Plant Manager DCS Licensing Fee Management Branch VStello, ED0 JMTaylor, IE JGKeppler, RIII RStarostecki, IE ABBeach, IE I JLieberman, OGC I JPartlow, IE I Enforcement Coordinators RI, RII, RIII, RIV, RV -
FIngram, PA j BHayes, 01 SConnelly, 0IA JCrooks, AEOD-HDenton, NRR EA File ES File DCS ED0 Rdg File 1
hGCf I Q IE AES: em. ._ IRIIBIN exe e ta,ostece e1 ,
m ies w 18.
ymicenpi,veynics a