ML20006B169

Second Request for Stay Citizens for Fail Util Regulation.* Requests That NRC Stay Fuel Loading & Low Power Operation of Unit 1 Until 900209.Certificate of Svc Encl

ML20006B169
Person / Time
Site:	Comanche Peak
Issue date:	01/27/1990
From:	Griffin R CITIZENS FOR FAIR UTILITY REGULATION
To:	NRC COMMISSION (OCM)
References
CON-#190-9740, CON-#190-9741 CPA, OL, NUDOCS 9002010033
Download: ML20006B169 (5)

Text

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q19 97'h cotxttco USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 90 JAN 29 P1 :04 BEFORE THE COMMISSION QFtCE OF SECRotARY

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uGCKrilNG A SH<vlCE BRANCH S

In the Matter of S S Docket Nos. 50-445-OL TEXAS UTILITIES ELECTRIC S 50-446-OL COMPANY, ~et al.

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S S Docket No. 50-445-CPA (Comanche Peak Steam Electric S Station, Units 1 & 2) S S

f SECOND REQUEST FOR STAY .1 CITIZENS FOR FAIR UTILITY REGULATION 'j ,

Richard Lee Griffin Counsel for Citizens For Fair Utility Regulation January 27, 1990 4

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION

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- In the Matter of S S Docket Nos. 50-445-OL i TEXAS UTILITIES ELECTRIC S 50-446-OL COMPANY, et al. S S Docket No. 50-445-CPA S

(Comanche Peak Steam Electric 5 Station, Units 1 & 2). S  :

S SECOND REQUEST FOR STAY CITIZENS FOR PAIR UTILITY REGULATION ,

On October 15, 1989, Citizens for Fair Utility Regulation

("CPUR") filed with the Commission a motion to stay the issuance of a low-power license to Texas Utilities Electric Company ("TU Electric"). In its order denying the request, the Commission  ;

instructed its staff to resolve the safety concerns raised by CFUR in its request for a stay. Specifically, the Commission stated:

"We instruct the Staff to address CFUR's safety concerns prior to issuing the low-power license." (Order, October 19, 1989, p. 3.)

The staff and CFUR exchanged letters concerning the safety U matters raised in CFUR's request for a stay, and met together in a public hearing at the Region IV headquarters in Arlington, Texas on December 7, 1989. On that date the partir;s knew that CFUR's petition for review had been set for oral argument before the United States Court of Appeals for the Fifth Circuit the week of February 5, 1990. (December 7, 1989 tr. p.10.)

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CPUR'S SECOND REQUEST FOR STAY, PAGE 1

At the public meeting Christopher Grimes, Director of the Comanche Peak Project Division of the Office of Nuclear Reactor Regulation, told CFUR members and their attorney that the staff would provide CPUR a report of its investigations into CFUR's safety allegations. Mr. Grimes committed at that time to provide the report to CFUR by a date that would allow CFUR sufficient time to respond to the report before fuel load and low-power operation. Mr. Grimes told CFUR board members Kendall McCook and Betty Brink, in separate telephone conversations, that the re-port would be mailed to CFUR by express mail on Friday, January 26, 1990. Mr. James Lyons made the same representation to Mrs.

Brink.-

Mr. Grimes made an effort to finish the report in time for it to be mailed to CFUR by express mail on Friday, January 26, 1990, and CFUR expected to receive it Saturday morning and to work the weekend in order to prepare and file with the United States Court of Appeals for the Fifth Circuit a motion to stay fuel load and low-power operation. However, Mr. Grimes and his staff were unable to complete the report, and the earliest CPUR can now receive the report is late in the day or evening of Monday, January 29, 1990, and perhaps it will not arrive until later than that.

l An operational readiness assessment team began an inspection of the Comanche Peak plant on January 22, 1990, (nd fuel load and low-power operation could begin as early as Saturday, February 3, 1990, two days before the case is argued in the court of appeals.

l ll CPUR'S SECOND REQUEST FOR STAY, PAGE 2

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i The report will be the latest information on the safety 1 i

allegations made by CFUR in its request that the Commission grant '

a stay.- The report will be relied upon by the Commission attor-ney in responding to CFUR's request f or a stay in the court of

• appeals. If the report addresses CFUR's issuec as contemplated, it will be lengthy and contain much technical information. If CFUR receives the report late in the day on Monday, January 29, or the following Tuesday, and fuel load and low-power operation begin Saturday, February 3, there will be only three or four days in which CFUR can analyze the report and make intelligent use of it in requesting a stay, and in which the court of appeals can review CFUR's request for a stay. Under these circumstances the request for a stay will be meaningless unless the date of fuel load and low-power operation is moved to a date which will allow the incorporation of the staff report in the presentation of the request for a stay.

For these reasons CPUR requests the Commission to stay f uel loading and low-power operation of Unit 1 of the Comanche Peak Steam Electric Station until Friday, February 9, 1990, so that CFUR may use the staff report in preparing its tequest for a stay from the court of appeals, and so the court may benefit from the staff report in deciding on the request.

Respectfully submitted, Richard Lee Griffin f')

Counsel for Citizens For Fair Utility Regulation

-CPUR'S SECOND REQUEST FOR STAY, PAGE 3

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CERTIFICATE OF SERVICE i 1

I hereby certify that on this 27th day of January, 1990, a true an'd correct copy of the foregoing "Second Request for Stay" was served upon the following named counsel by Federal Express, postage prepaid.

Janice E. Moore, Esquire Charles R. Mullins, Esquire Office of the General Counsel

United States Nuclear Regulatory Commission Washing ton, D.C. 20555 l

Thomas A. Schmutz, Esquire pq g Newman & Holtzinger pg C Suite 1000 Cm c r i 1615 L Street N.W. $1% E cP Washington, D.C. 20036 g[gt gg E 24E G By first class mail, postage prepaid, to tQ 53 90

- t Dirk D. Snell, Esquire =I hk U.S. Department of Justice

• P.O. Box 23795 L' Enfant Plaza Station Washington, D.C. 20026. ,

r Richard Lee Griffin pff l

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CFUR'S SECOND REQUEST FOR STAY, PAGE 4