ML19343D095

Disapproves of Petition for Hearing Re Decontamination of Facility

ML19343D095
Person / Time
Site:	Dresden
Issue date:	12/29/1980
From:	Ahearne J NRC COMMISSION (OCM)
To:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
Shared Package
ML19343D087	List: ML19343D086 ML19343D088 ML19343D091 ML19343D093 ML19343D095 ML19343D097
References
FOIA-81-18 NUDOCS 8104090320
Download: ML19343D095 (3)

Text

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TO:

SAMUEL Jx Cs!Lx, SECRETARY 0F THE LOMMISSION FROM:

CHAIRMAN'AHEARNE

SUBJECT:

SECY-A-80-188 - PETITION FOR A HEARING IN.3E MATTER OF THE.

PROPOSED DECONTAMINATION OF THE DRESDEN NUCLt.AR POWER STATION JPPROVED DISAPPROVED N. ABSTAIN' NOT PARTICIPATING' REQUEST DISCUSSION

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C'OMEliTS:

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SECRETAR!p* NOTE:

'PLEASE ALSO RESPOND TO AND/OR COMMENT ON DEC MEMORANDUM IF ONE HAS BEEN ISSUED ON THIS PA?ER

' 810409O M NRC-SECY FORM DEc. 79

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Chairman Ahearne's coments on Secy-A-80-188:

I nonconcur in the proposed order because it is unnecessary.

I see no reason for the Comission to involve itself in defining the precise technical specifications required.

Instead we should direct the staff to prepare a hearing notice.

I agree with OGC that we ought to prenotice the amendment (see discussion on p. 5).

I disagree there is a significant problem with the scope. We simply should offer a hearing on the amendments necessary to permit decontamination and return to power (perhaps specifically allowing bifurcation if a Board believes that is appropriate).

I have two coments on the analysis in Secy-A-80-188.

First. I disagree with the paper's interpretation of the nature of an unreviewed safety issue and the process involved in this proposed action.

The tenn is defined in 50.59(a)(2):

"A proposed change, test, or experiment shall be deemed to involve an unreviewed safety question (i) if the probability of occurrence or the consequences of an accident or malfunction of equipment important to safety previously evaluated in the safety analysis report may be increased; or (ii) if a possibility for an accident or malfunction of a different type than any evaluated previously in the safety analysis report may be created; or (iii) if the margin of safety as defined in the basis for any technical specification is reduced."

The proposed action may easily fail to trigger these thresholds (particularly the actual decontamination stage since there will be no fuel in the reactor).

Besides, once it is agreed that the action requires some change in the Technical Specifications, an opportunity for hearing has been created and there is little point in carrying th discussion further.

Clearly parties can argue that additional restrictions are necessary.

(Forexample,theStateof Oregon argued for additional Tech Specs in 'the Trojan spent fuel pool reracking).

l In addition, I have a different understanding of the scope of a typical hearing.

The precise language of the amendment does not define the exact boundaries of the proceeding. Anything within the scope of the action l

authorized can be litigated.

Therefore, the standard notice gives a brief description of the action and then offers a hearing "with respect to" issuance of the amendment.

(An example is attached.) The same would be adequate in this case and enable the parties to get on with the process.

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des!gnated by the Commluton or by 6000 (in Missourt (BOO) 3}2-6100). The i

%. sfons will be closed to th'e public pur-the Chairman of the Atomic Safety

/, Western Union operator should be suant to subsecUons (c) (4) (6) and 9 (b) of section 552b of 'I1tle 5. United and Lleensing Board Panel will rule given Datagram Identification r.

C States Code. -

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cn the request and/or petit!on and the Number 3131 and the fonowing snes.

p.

7 Further inforfhation Mth reference Secretary on the designated Atomic sage addressed to Thomas Ippolitet to this meeting can be obtained from Safety and Licensing Board wih issue (petitioner's name. and telephohe til Mr. J:hn IL Clark, Advisory Commit-

.a notice of hearing or an appropriate numbery, (date petition was mailed);

namet and tpublication date

. (plant'ge number ci this Pratxat, Rto-tee Management Offleer, Nations] En-order.

.s-

-e dowment for the Arts. Washington.

As required by 10 CFR ( 2.714 a pe*

and pa L1-D.C. 20506. or call (202) 634-6010.

tition for leave to intervene shan set 1stra notice). A copy of.the petition forth with particularity the interest of should also be sent to the Executive of Jom's H. Ctaax, the petitioner in the proceeding, and legal Director. U.S. Nuclear Regula.

d-Director, Office of Councif and how that interest may be affected bF tory Commhston Wash!nston D.C.

Panef Operationa, Naffonaf the results of the proceeding. The pe-20555, and to Mr. John W. Rowe.

ry Indoemenf for fAe Arts, UUon should specnicany explain the 1 sham, Lincoln. Beale. Counselors at Drexxara 20.1978.

retsons why intervention should be Law. One First National Pla:a, 42nd rF IF71 Doc.18-3e236 Imed 12 28-1s; a:45 mm) permitted with particular reierence to Floor. Chicasc. Dunois 60603.

de as the fotoring iactors: (1) the nature of Nontimely !!!Lngs of petitions for 11 the petitioner's right under the Act to leave to intervene, amended petitions.,

to be made a party to the proceeding:(2) supplemental M udons and/or re-

'a]

[7390-01-M]

the nature and extent of the petition-quests for hearing wul not be enter.

th NUCLEAR REGULATORY er's property, financial, or other inter-tained absent a determination by the or COMMISSION est in the proceeding; and (3) the pos-Commission, the presiding officer or sible effect of any order which may be the Atomic Safety ar 1 Licens!ng h'

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(Dochet No.60-254) entered in the proceeding on the peti.

good cause for the granting of a late Pr.p.eed hwene..t A.nd-ent t. F.cithy as to which petitioner wishes to ir.ter-petition and/or request. That determl-op.,*4s th=*

vene. Any penon who has filed a petl-nation will be based upon a balancing tion for Itave to intervene or who has of the f actors specified in 10 CFR The United States T.uclear Regula. been admitted as a party may amend 2 MXM W 5 WM-n1 tory Commission (the Commission) is his petition, but such an amended pe-For further details with respect to considering issuance of an amendment 11 tion must satisfy the specificity re-this action, see the applicat!on for to Facility Operating License No.

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Quirements described above.

DPR-29, issued to Commonwealth Not later than fif teen (15) days prior amendment dated November 20,1978 Edison Company andIowa. Illinois Gas to the fint prehearing conference which is available for public inspection r.nd Electric Cornpany (the' ljeensee), scheduled in the proceeding, the pett-at the Commission's Pubite Document for operation of the Quad Cities Nu-tiener shall file a supplernent to the Ro'om.1717 H Street NW Washing.

clear Power Station. Unit No.1. locat-petition to intervene which must in*

ton. D.C., and at the Moline Pubile L1-m.a r %, g clude a list of the contentions which brary. 504-11th Street. Monne, nunois e,ie The amendment would allow the op7-are sought to be litigated in the 61265.

the ub.

erttlon of Quad Cities Unit No. I matter, and the bases for each conten-Dated at Bethesda, Maryland this iq I.during operating Cy:le 5 with a fuel tion set forth with reasonable specific-20th day of December 1978.

type not previously used in that facill, 117. A petitioner who f ails to ille such tht-

'LI-ty in accordance with the licensee's ap.

a supplement which satisfies these re-For the Nuclear Regulatory Com-

' pliention for amendment dated No-quirements with respect to at least one mission.

un.

ary tember 20.1918.fme nu e La contention will not be permitted to m.: Ucen n.u J wd approved by the participate as a party.

TuouAs A.irrottro.

Y.30 NRC staff for use in BWR 3 reacton, Those permitted to intervene Nd Opercting Reactor:

130 Prior to issuance of the proposed lj.

become parties to the proceeding, sub-Brcnch No. 3. Division of Op-

• m cense amendment, the Commission ject to any limitations in the order crefing Recciors. '

will have made findings requhed by granting leave to intervene. and have

.(FR Doc.18-35944 Fued 12-28-18; tAS am) be-the Atomic Energy Act of 19M. as the opportunity to participate fully in 26 amended (the Act) and the Commis. the conduct of the hearing including ar a ston's regulations.

the opportunity to present evidence

[7590-01-M]

Cy January 29, 1979, the licensee and cross-examine witnesses.

nt-may ille a request few n her.rin with A request for a hearing or a petition y ADVIsotY coMMITTIE ON atactot saf1 9:30 re;pect to issuance of the amendment for leave to intervene shall be filed cuAtos suecouMITitt oH txttGtNC rom to the subject f acdaty opcrw U.

with the Secretary of the Commission.

cott coouMG SYsitus (Ects) 979. cense and any person whose interest United States Nuclear Regulatory 28 may be affected by this proceeding Commbion. Washington D.C. 20555 M**Has fcr and who wishes to participate as a Attentjon: Docketing and Service Sec.

proceeding must ille a The ACRS Subcommittee on Eme:

.cus. party in th:

written peutlen for leave to intervene., tion. or may be delivered to the Com.

Pubile Document Room, gency Core Coonng w!U hold an ope tion Requests for a hearing and petitions. mission's1717 H Street NW., Washington. D.C.

meeting on January 16,1919 in Roo:

anc2 ith2 for leave to intervene shall be fUed in by the above date. Where petitions are 1046, 1711 H Street. N.W., Washin-

,965, accordance with the Commission's

. fin- " Rules of Practice for Domestle Lt.

f!!ed during the last ten (10) days of ton, D.C. 20555 to review RRC 11cen th2 censing Proceedings ** in 10 CFR Part the notice period. It is requested that ing activities related to he propose

ctd-

2. If a request for a hearir:g or petition the petitioner or representauve for revision of Appendix K.10 CPR 5 the f;r leave to intervene is filed by the the petidoner pr. y qrliPths the NRC audit of Code Quality Asz Commission by a ree telephone ('

anee Programs, the Standard Proble

tRA1.

above date, the Commiulon or an 001-B25 Program. a semiscale small break tea Atomic Sa.fety and Licensing Board, call to Western Union a ses-ricta attAt te :tstit. Vot. 43, No. 251 4tioAY, etc1Msta 29,1973

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