ML20141M531

Ack Receipt of Petition Alleging Discovery of New Evidence of Continuing Practice of Plant to Pay Hush Money to Keep Significant Info About CPSES from Petitioners & NRC

ML20141M531
Person / Time
Site:	Comanche Peak
Issue date:	08/26/1992
From:	Murley T NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:	Kohn M NATIONAL WHISTLEBLOWER CENTER
Shared Package
ML20141M533	List: ML20141M531 ML20141M537 ML20141M539
References
2.206, NUDOCS 9209010084
Download: ML20141M531 (4)

Text

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J' ' '% UNITED STATES I 3-

@ i NUCLEAR REGULATORY COMMISSION o '/ W ASHINGToN. D.C. 20556

%v*****f August 26, 1992 Docket Nos. 50-445 and 50-446 (10 CFR 2.206)

Michael D. Kohn, Esquire National Whistleblower Center 517 Florida Avenue, NW Washington, DC 20001-1850

Dear Mr. Kohn:

I am writing to acknowledge receipt of the Petition you filed with the U.S.

Nuclear Regulatory Commission (NRC) on behalf of Hessrs. Macktal and Hasan (Petitioners) on June 11, 1992. The Petition presented the Petitioners' concerns about the Texas Utilities Electric Company's (TV Electric's; the licensee's) Comanche Peak Steam Electric Station, Units 1 and 2 (CPSES). By letter dated August 6,1992, a copy of which was provided to you, TV Electric responded to the Petition. In accordance with Title 10 of the Code of Federal Regulations, Part 2, Section 2.206, the Petition has been referred to my office to prepare a response.

The Petition alleged the discovery of new evidence of a continuing practice by TU Electric to pay " hush money" to keep significant information about CPSES from Petitioners and the NRC. Specifically, the Petition referred to a January 30, 1990, settlement agreement between the licensee and the Tex-La Electric Cooperative of Texas, Inc. (Tex-La), a former co-owner of CPSES, that allegedly contains restrictive langwe in violation of Section 210 of the Energy Reorganization Act (the Act) and 10 CFR 50.7.

On the basis of this information, the Petitioners requested (1) orders suspending TV Electric's license to operate CPSES Unit I and its permit to construct CPSES Unit 2; and (2) that the expiration date of TU Electric's permit to construct Unit 2.not be extended. Petitioners also requested that the Commission take immediate actions; specifically (1) that a licensing board

-be established to allow public scrutiny into TV Electric's alleged practice of paying " hush money"; (2) that the NRC notify TV Electric and former mincrity owners that no settlement agreement can preclude employees, attorneys, agents, ,

consultants or others from providing information to persons involved in '

proceedings befcre the NRC; (3) that copies of the TV Electric minority owner agreements be made public and provided to petitioners' counsel; and (4) that the NRC notify the counsel to Tex-La that he and others are free to disclose safety-related information about CPSES to others.

With regard to your request in the Petition for immediate NRC actions, we have determined that you have not set forth a basis for the immediate actions.

However, we are reviewing the subject settlement agreement between TV Electric and Tex-La and will render a decision with respect to your requests upon completion of that review. The January 30, 1990, agreement is an amendment to a settlement agreement dated March 23, 1989, which was submitted to the NRC as {

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part of the application to amend the construction permits For CPSES to reflect the transfer of Tex-La's ownership interest to. TV Electric. The March 23,

. 1989,1and_the January 30, 1990, agreements do not differ in any material respect _with regard to the matters raised:in your Petition. The staff has reviewed both of these agreements and has determined that'they do not appear to violate the provisions of the Act or 10 CFR 50.. . A fuller analysis of the

. provisions in the settlement agreement to address the points raised in your  ;

Petition will be contained in our decision under 10 CFR 2.206. Both agreements are available for inspection at the Commission's Public Document

. Room, the~ Gelman Building, 2120 L Street, N.W., Washington, D.C. 20555, and

- at-- the: University. of Texas at Arlington. Library, Government Publications / Maps, 701 South Cooper,i P.O. Box '19497, Arlington, Texas 76019.

"The NRC issued an Order, dated July 28, 1992, that extended the latest construction completion date for CPSES Unit 2. .The Order, which responded to -

DTU Electric's February 3,1992, application,_ extended the latest construction completion date specified in Construction Permit No. CPPR-127 to August 1, 1995. The NRC staff's evaluation of the requested extension concluded, in accordance'with 10 CFR 50.55(b), that good cause had been shown for the delay and that the requested extension was for a reasonable period of time.

As provided by'10 CFR 2.206',Lth'e NRC will take appropriate action regarding the specific. issues. raised in your Petition within a reasonable time. I have enclosed = for your information a copy of the notice that is being filed with the Office of:the Federal = Register for publication.

Sincerely, Original signed by ThomasL Eu:rloy Thomas E. Murley, Director-Office of Nuclear Reactor Regulation ,

Enclosure:

' Notice. "

TECH ED cc w/ enclosure:- NBeeson

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T 1 Michael D.iKohn,[ Esquire August 26, 1992 lce'w/ enclosure:

. Senior Resident _. Inspector Jack R. Newman,-Esq. 1 U.S. Nuclear Regulatory Commission Newman & Holtzinger

-P. 04 Box 1029' 1615 L Street, N.W. s Granbury, Texas. 76048 Suite 1000 Regional Administrator, Region IV-

-U.S. Nuclear Regulatory Commission Chief, . Texas Eureau of Radiation Control '

~611~Ryan Plaza Drive, Suite 1000 Texas Department of Health

Arlington, Texas 76011 1100 West 49th Street Austin, Texas. 78756 Mrs. Juanita Ellis, President.

' Citizens Association for Sound EnergyE '

- Honorable' Dale McPherson 1426 South Polk County Judge Dallas, Texas 75224 P. O. Box 851-Glen Rose, Texas 76043 Owen L. Thero,' President-

' Quality Technology _ Company- _

cc w/ enclosure & incoming:

Lakeview Mobile Home Park, Lot 35 Mr. William J. Cahill, Jr.

~4793 East. Loop 820 South- Group Vice President fort' Worth,' Texas '76119 TV Electric 400-North'011ve Street, L.B. 81 Mr;, Roger D.- Walker, Manager Dallas, Texas 75201 Regulatory Affairs for. Nuclear Engineering Organization Texas Utilities Electric Company 400 North Olive Street, L.B. 81 Dall as, ' Texas -75201--

Texas: Utilities Electric: Company c/o Bethesda Licensing 13 Metro Center,-Suite 610 .

L Bethesda, ' Maryl and : 20814 William A. Burchette,- Esq. -

LCounselifor Tex-La. Electric Cooperative of Texas Jorden, Schulte, & Burchette w 1025 Thomas Jefferson Street,.N,W.

Washington, D.C. 20007-e

-GDS Associates,.Inc.

~ Suite 720' 31850 Parkway PlaceL , _

Marietta,; Georgia. 30067-8237-v- ,

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Docket File _.(w/ incoming letter)

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