ML20054J018

Ack Receipt of Re Withdrawal of CP Application. NRC Responded in Timely Manner to Util Given TMI Accident & Need to Ensure Implementation of Lessons Learned from Accident

ML20054J018
Person / Time
Site:	Black Fox
Issue date:	06/22/1982
From:	Harold Denton Office of Nuclear Reactor Regulation
To:	Walske C ATOMIC INDUSTRIAL FORUM
References
NUDOCS 8206250361
Download: ML20054J018 (2)

Text

~ '

.- w m. % 7, 3 , y,

n. y, p DISTRIBUTION:

~ Docket Nos. 50-556/557 NRC PDR JUN ;? 2 g Local PDR RVollmer TERA RTedesco/LBerry NSIC SCavanaugh,(NRR-82-168)

LB #4 r/f Attorney, OELD Hr. Carl Walske, President EAdensam I&E Atomic Industrial Forum, Inc. DScaletti PPAS HThompson 7101 Wisconsin Avenue MDuncan SHanauer BSnyder Washington, D. C. 20014 HDenton/ECase RMattson PCheck DEisenhut/RPo.ple

Dear Mr. Walske:

MJambor Thank you for your letter of April 9,1982, expressing your views related to the withdrawal of the Black Fox Station (BFS) application by the Public Service Company of Oklahoma (PS0). The staff recegnizes that the BFS application had been pending for some time and that it was an unfortunate set of circumstances that led to the withdrawal of the application.

PS0's situation was unique in that, on February 1979, the hearing record for the BFS application was closed. At that time there were no outstanding safety issues that would have precluded issuing a construction permit for BFS provided that a f avorable decision was received from the ASLB. The staff believes a construction permit could have been issued in mid 1979 if the TMI-2 accident had not occurred.

Of all the pending construction permit applications at the time of the THI-2 accident, BFS was the only one with a Ligaited Work Authorization. Indeed, the circumstances surrounding the lessons learned f rom THI-2 and the development of a CP/ML Rule had a significant impact on the BFS aprlication.

Following the decision by the Comission, in March 1981, to resume THI-2 related reviews for the pending construction permit applications, the staff, by use of a dedicated review team, reviewed and published safety evaluation reports for five of the then pending construction permit applications. Following that decision CP applicants were required to file their response to the proposed CP/HL rule published on March 23, 1981. PS0 did not file the required responses until October 1981. The staff completed its review of that submittal by a dedicated teaa and published its Safety Evaluation Report on December 31, 1981.

As you are well aware, the NRC is required to consider those measures necessary for the protection of the public's health and safety. The CP/ML rule adds the necessary requirements to ensure that this responsibility is not compromised. We disagree that the CP/ML rule provides a cumbersome roadblock to licensing with no safety benefit. Therefore, given the circumstances of the accident at THI-2 and need to ensure the inplementation of the lessons learned from that accident, we believe the agency responded in a timely manner to the needs of the Public Service Corpany of Oklahoma and the other near-term construction permit applicants.

Sincerely, 8206250361 820622 pt@slM Y AD:NRR ~

DIR:NRR PDR ADOCK 05000 gR.Denton *EGCase HRDenton Harold R. Denton, Director 6/15/82_ 6/ /82

• NOTE: SEE PREVIOUS WHITF FOR POlrHRRFNrF ~

urtice of riuclear Reactor Regulation

.DL.;LB..!.4.. ... ..LA:.QL:.LB.14 ..QL :La ..#.4.. . 0ELB.. .. AD:L:DL.. . ..DIRoDL., .... orrics) . . .

• *RT.exiesco.... . *DEisenhu.t..

• DSale tti./4x *NDuncan .- *EAdensam.. .. .. sunnuch . . . .

. . . . . . . . .512.31B2.. .. . .512.91.62... . 61B1B2.. .6D/B2.. . .BB122.. . 6/.1122... .. oare y ..

tcu mo OFFICIAL RECORD COPY usceo: = -an e sac ronu ais tio.803 ne

. s DISTRIBUTION:

Docket Nos. 50-556/557 NRC PDR Local PDR RVollmer TERA RTedesco/LBerry Mr. Carl Walske, President NSIC SCavanaugh,(NRR-82-168);

Atonic Industrial Forum, Inc. LB #4 r/f Attorney, OELD EAdensam I&E 7101 Wisconsin Avenue Hashington, D. C. 20014 DScaletti PPAS HThompson MDuncan SHanauer BSnyder HDenton/ECase RMattson PCheck

Dear Hr. Walske:

DEisenhut/RPurple Thank you for your letter of April 9,1982, expressihN8 views related to the withdrawal of the Black Fox Station (BFS) application by the Pubite Service Company of Oklahoma (PS0). The st'aff recognizes that the BFS application had been pending for some time and that it whs an unfortunate set of circumstances that led to the withdrawal of the applicatio'r.

P50's situation was unique in that, on February 1979, the hearing record for the BFS application was closed. Ak that tine there were no outstanding safety issues that would have precluded issuing a construction permit for BFS provided that a favorable decision was received ron the ASLB. The staff believes a construction perait could have been issued in(bid 1979 if the THI-2 accident had not occurred.

Of all the pending construction pdrmit applications at the time of the THI-2 accident, BFS was the only one with a Limited Work Authorization. Indeed, the circuastances scrrounding the lessohs learned from THI-2 and the development of a CP/ML Rule had a significant impact 'bn the BFS application.

Fallowing the decision by the Commiss\ ion, in March 1981, to resume THI-2 related reviews for the pending construction permit applications, the staff, by use of a dedicatedreviewteam,reviewedandpubl(shedsafetyevaluationreportsforfive of the then pending construction pernit ap Following that decision CP applicants were required to file their'plications. response to the proposed CP/ML rule published on March 23, 1981. P50 did not f'i.le the required responses until October 1981. The staff completed its revie'w of that submittal by a dedicated team and published its Safety Evaluation Repo'r on December 31, 1981.

As you are well aware, the NRC is required to consider those measures necessary for the protection of the public's health and saf'ety. We believe that the CP/ML rule adds the necessary requirenents to ensure that this responsibility is not cocp romised. We disagree that the CP/HL rule provi' des a cumbersome roadblock to licensing with no safety benefit. Therefore, given the circumstances of the accident at THI-2 and need to ensure the implementation of the lessons learned from that accident, we believe the agency responded in\a timely manner to the needs of the Public Service Company of Oklahoma and the'other near-term construc-tion permit applicants.

Sincerely,

\ \

, DIR/NRR

\ HRDenton narnia t non+nn- [i rect e r A/ /n?

a on omm, .

4.... ...w.(.g.B,,,$ , , , , ,

,4,, ,,9 Ui g,0[,,,N9

, , 'Dtct07 y,_

sunmc) .

t4/ lac 4DUNCAAL-. -E am. - - . . - . - esco ... 0E4senhut - EGCase- -

~ , , ....a/.29n.. .. ...w.au ... . A.Qin... .... 1.L1n...l ... Ln..... d .6n.t.Lu... -..G{.5.in--

NRC FORM 318 (10 40) NRCM 024o OFFICIAL RECORD COPY usaro:--mm