ML19093A787

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by Order of 02/09/1978, Commonwealth of VA Was Granted Leave to File Request for Hearing in Matter within Ten Days of the Issuance of Staff Safety Evaluation Report. Commonwealth Will Not Request Hearing in Matter
ML19093A787
Person / Time
Site: Surry  Dominion icon.png
Issue date: 12/20/1978
From: Gambardella A
State of VA, Office of the Attorney General
To: Mark Miller, Paris O, Shon F
Atomic Safety and Licensing Board Panel
References
Download: ML19093A787 (2)


Text

r OFFICE OF THE ATTORNEY GENERAL SUPREME COURT BUILDING MARSHALL COLEMAN ATTORNEY GENERAL . 1101 EAST BROAD STREET RICHMOND, VIRGINIA 23219 804- 786- 2071

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Marshall E. Miller, Esquire Chairman Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C~ 20555 Dr. Oscar H. Paris Atomic Safety and Licensing Board

u. S. Nuclear Regulatory Commission Washington, D.C. 20555

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Mr. Frederick J. Shon

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Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission

  • Washington, D.C. 20555 Re: In the matter of VIRGINIA ELECTRIC AND POWER COMPANY _(Surr~Q~r Station, Units 1 and 2),

Docket N o s . ~ ) , 50-281.

Gentlemen:

By your Order of February 9, 1978, the Commonwealth of Virginia was granted leave to file a request for hearing in this matter within ten days of the issuance of the Staff Safety Evaluation Report (SER). That document was issued on December 15, 1978. Accordingly, a request for hearing must be made within ten days thereafter.

The SER (Appendix A) deals specifically with the safety issues raised by the Commonwealth. The Staff, based on its independent evaluation, has resolved those issues, among others, and concluded that the public health and safety will be protected if the steam generator repair program is carried out as described in the application and as limited by certain

-. Marshall E. ~.AJ.. 7r, Esquire Dr. Oscar H. ll!!!'ris e Mr. Frederick J. Shau December 20, 1978 Page Two license conditions. The Staff notes certain reservations concerning the design of the new steam generators (SER, pp 28-29). In addition, further analysis of the emergency core cooling system will be required to verify compliance with 10 C.F.R. § 50 *. 46 under conditions assuming that steam generator tubes are not plugged (SER, pp. 4.0, 44) .

The facts of record are largely established by the SER, and formal adjudicatory hearings, in the absence of operating experience to verify the calculated results, would not, in the Commonwealth's view, _add significantly to that record.

  • The Commonwealth does not waive any right She may have to raise issues concerning the reservations noted above (or other matters which may arise later) in appropriate proceed-ings before the NRC or in any other forum; but She will not request a hearing in this matter.

Respectfully submitted, OJ;kif;.

Anthony G bardella Assistan Attorney General 8:17Ll20W2 cc y' Secretary I

U. S. Nuclear Regulatory Commission Washington, D.C. 20555 Michael W. Maupin, Esquire James N. Christman, Esquire Hunton & Williams Post Office Box 1535 Richmond, Virginia 23212 James M. Cutchin, Esquire Office of the Executive Legal Director U. S. Nuclear Regulatory Commission Washington, D.C. 20555