ML010100293

Letter from Nancy Burton to the Office of the Secretary Providing Attachments to a Motion for Stay That the Intervenors Filed Electronically on 12/19/00

ML010100293
Person / Time
Site:	Millstone
Issue date:	12/20/2000
From:	Burton N - No Known Affiliation
To:	NRC/SECY
Julian E
References
50-423-LA-3, ASLBP 00-771-01-LA, RAS 2587
Download: ML010100293 (10)

Text

I FROM : NQNCY BURTON, ESQ.

PHONE NO. : 203 938 3952 Dec. 20 2000 10 : 40RM P2 TELEPHONE (20.5) 9.3S.3952 FAX (203) 9'38-'ll6S JAN -8 OFTi.;

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l(j&s STAFF Office of the Secretary U.S. Nuclear Regulatory Commission Washington DC 20555-000 1 Re: Millsrone Nuclcar Power Generating Station Docket No. 50-423-LA-3

Dear Sirs:

The lntervcnors in these proceedings filed a Motion for Stay to the Commission electronically on Dccember 19,2000. Tho origjnal and copies were mailed lo all parties of rccord on December 19,2000.

Attached please find a copy of the attachlnsnts to such motion.

Thank you for your assistance.

VislTelefax 301-415-1672 Encl.

cc: David A. Repla, Esq.

Ann P. Hodgdon, Esq.

FROM : NQNCY BURTON, ESQ.

PHONE NO. : 203 938 3952 NRC Wcckl y lnfonnation Report For h e Week Ending November 24,2000 Millstone Unit 1

'Early this wcek, Millstone, Unir I, informed the NKC that they could not confirm thc location of two fuel pins. The license currently believes that they have located the box containins the fr~el pins in the spent fuel pool. However, thcy will require GE assisunce in order to lift the box and verify that it is the correct container. The liccnsee currently anticipares having GE personnel and equipment on site next week. The background on this issue is as follows:

In 1972, a once burned fuel assembly that was damaged by chloride intrusion in the reactor vessel was disasse~nbled to allow testing by GE. During the disassembly, two of the frrel rods were bent and could not be put back in the assembly. These.two fuel rods were put in a spcoial he1 rod box. Records dared 1979 and 1980 show the box stored in the Northwest comer of the spent fuel pool. Records after 19S0 do not show the fuel rod box in the fuel pool. Significant work, including two re-racks, has been performed on the fuel pool sincc 19S0.

Due to the ~ ~ n i q ~ ~ e nature of d ~ e special fuel rod box the licensee does not consider it likely [ha? rhe fuel pins have been mistakenly shipped out as waste. They currently believe thar the fuel rods are still in the pool or were shipped to GE. To Date. GE has not identified any records of receiving the fuel pins. The licensee believes that the fie1 rod bodpins were moved in the past to allow work to be performed in the pool and the movement not recorded. The licensee has identified a fuel pin conminer in the pool that may contain the fuel pins, but they have not been able to look in the container due to the need for a special roo1 which GE has but the licensee does not.

Dec. 20 2000 1B:41QM P3 Currently, the licensee believes that the condition involves a lack of control ofspccial nuclear marerial not an actual loss. Since rhe licensee does not believe that the fuel pins are in the public domain, 10 CFR 20.2201 only requires a formal report to the Commission within 30 days.

FROM : NANCY BURTON, ESQ.

Daily Events Report PHONE NO. : 203 938 3952 Dec. 20 2000 10:41RM P 4 Page 1 of 1

\\Power Reactor I Event Number :

37596 1

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1 FACILITY: MILLSTONE REGION: 1 INOTIFICATTON DATE: 12/l.4/20001 I

UNIT:

C11 [) L 1 STATE: CT \\NOTIFICATION TIME: 18:02[ESTl I I

RXTYPE: (11 GE-3, [ 2 ] CE, 131 W-4-LP IEVENT DATE:

12/14/2000 1

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+EVENT TIME:

17 : 15 [EST]

1 I NRC NOTIFIED BY: DAVID DVORAK ILAST UPDATE DATE: 12/14/20001 I

HQ OPS OFFICER: FANGIE JONES

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-+PERSON ORGANIZATION I IEMERGENCY CLASS:

N/A IJOHN WHITE R1 I

110 CFR SECTION:

1 I

IAPRE 50.72 (b) (2) (vl)

OFFSITE 'NOTIFICATION I

I I BAB2 20.2201 (a) (1) (ii)

LOST/STOLEN LNM>lOX I

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I 4-IUNIT l S C W CODEIRX CRITIINIT PWRI INIT RX MODE ICURR PWR[

CURR RX MODE I

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I ?.

N N

0 Decommissioned 10 Decommissioned I

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EVENT TEXT

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I THE LOCATION OF 2 FUEL PINS IN THE SPENT FUEL POOL IS UNKNOWN I

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I "As part of the ongoing decommissioning of Millstone Unit 1, a detailed I

I documentation of the fuel currently in the Unit 1 spent fuel pool is I

I underway. A detailed verification of spent fuel pool content records was I

I part of thss effort. During this process, workers identified a discrepancy I

I in the paperwork relatinq to the location of two spent fuel pins that were I

I removed from a fucl assemb1.y in October 1972. A search is underway; however, I I

these fuel pins have not yet hean located anlong tllc 2,884 fuel assemblies I

I containing more than 140,000 fuel pins currently in the spent fue1,pool. In I

I addition, workers are also searching pertinent records.

I I

I I

"Due to t h e radiation levels of the fuel pins, if they w e r e removed from the I I spent fuel pool., the use of a shielded Cask would have been required and the I 1 shipment could have only been made to a licensed facility. Any other I

I movemenr of t h e s e pins from the site would have been immediately detected by I I the site radiation monitoring system. Therefore, there is a high degree of I

I confidence that thesa pins a r e not in an urirastricted area and are under the i I control of a licensed facility; either here in the spent fuel pool or I

I possibly at a licensed radioactive waste disposal site. As a result, we are I

I also confident that no overexposure of w o r k e r s or members of the public has I I resulted. An independent team with relevant expertise is on-siLe to assist I

I i n a n ongoing invastigation to determine the location of t h e 2 fuel pins."

I I

I I The 1.icansee notified NRC Region 1 (Todd Jackson) and the state of I

1 Corlriecticut. The licerisec intends notifying the NRC: Resident Inspector.

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FROM : NRNCY BURTON, ESQ.

PHONE NO. : 203 938 3952 Dec. 20 2000 10: 42RV P5 April 4, 2000 UNITED STATES OF AMENCA NUCLEAR REGULATORY COMMISSION In rllc.?Ylattm of:

1 1

Noltheast Nuclear Energy Company 1

Docket No. 50-423-LA-3

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(Millstone Nuclear Power Station.

1 Unl t No. 3)

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ASLBP No.00-771 LA NORTHEAST NUCLEAR ENERGY COMPANY'S RESPONSE TO CONNECTICUT COALITION AGAINST MILLSTONE AND LONG ISLAND C

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Noi~heast Nuclear Energy Company ("NNECO") hereby files an initial response to the Connecticut Coalition Against Millstone ("CCAM") and the Long Island Coalition Rgaiiisl Millstone's ("CAM") (collectively, "Intervenors") "First Set of Interrogatories and Requests for Production" ("Intervenors' First Discovery Requests"), a facsimile of which was served on bWECO on March 21, 2000. T7-u~ initial response is directed to the Intervenors' intcn.ogatories and is filed within 14 days of service, consisrent with 10 CFR Q 2.740b(b).

h ! E C O will separately respond to Intervenors' document production requests in accordance wlth the schcdule set forth in 10 CFR 5 2.741(d).

1.

GEKEEIAL OBJECTIONS These general objections apply throughout NNECO's responses to Intervenors' First Discovery Requests.

A.

NNECO objects to Intervenors' interrogatories to the extent, that they request discovery of information or documents protected under the attorney-client privilege, the

FROM : NQNCY BURTON, ESQ.

PHONE NO.

203 938 3952 Dec. 20 2000 10:

42RW P6 All fresh and spent file1 is handled as special nuclear material ("SNM').

When Millsrone Station rcceives SNM, the applicable Unit maintains control over it and tracks its movement until ir is shipped off site. The organization with primary responsibility for planning and implen~enting actual fuel movements for each Unit is the Reactor Engineering department in "...

the Plant Engineering organization.

Upon arnval of SNM on site, Reacror Engineering personnel (or designees) perform initial inspection and receipt, and Reactor Engineering assumes responsihiliry for controlling and maintaining material status of the SNM at a11 times.

Other organizations support Reactor Engineering in implementing and tracking the movement of fuel. Qualified Operations or vendor personnel under the direction of Reactor Engineering perform actual fuel movements.

Health Physics personnel conduct associated radiolog~cal surveys and monitoring.

Operations personnel operate the spent fuel pool.

Maintenance of the required equipment and facilities is planned and performed by the Maintenance organizatjon, or by contract under the direction of Reactor Engineering.

Procedures are developed and maintained by the Procedures g o u p of the Station Director's organization. Analysis to support fuel management and spent fuel pool criticality control is pl-ovided by the Nuclear Fuels branch of the Nuclear Engineering department. Independent quality assurance for all these activities is provided by the Nuclear Oversight organization.

Intemzatory No. F - 1: Please identify all instances of errors (at Millstone or other nuclear planrs) in managing, moving, placing or tracking fresh or spent fuel and all documents peninent thereto.

CO's Response: NNECO objects to Interrogatory No. F - 1 to the extent it asks ro identifj errors at "other nuclear plants" for the reasons explained in Gcneral Objection B.

FROM : NQNCY BURTON, ESQ.

PHONE NO. : 203 938 3952 Dec. 20 2000 10: 43RN P7 With regard 10 Millstone, the following evenrs have been identified as responsive to this requcst. NbECO does not concede, however, that these matters are relevant to the license amendment application ar issue.

DATE UNIT DESCWTION 1/17/97 1

Determined that a spent fuel assembly in the spent fuel storage pool was not fully seated in rhe storage rack 1 /I4197 I

Determined that an irradiated fitel assembly, stored in a damaged fuel container in a control rod storage rack, mzy have been an unanalyzed configuration 1 0/3!96 1

Determined that a spent fuel assembly in the spent fuel storage pool was not fully seated in the storage rack 3/6/96 1

Determined that new he1 assemblies moved over irradiated fuel assemblies in the spent fuel storage pool 1 1/14!95 1

A fuel assembly was placed in the spent he1 storage pool in the wrong orientation 1011 2/95 2

A fuel assembly was moved to an incorrect location in the spent fuel storage pooI and lowered until it came in contact with an assembly already placed in that location 4/26/95 3

While transfenring fuel in the spent fuel storage pool, the crane operator inadvertently brought an assembly to the wrong location; the error was detected before the assembly was lowmed 1/27/84 3

A fuel assembly was moved fiorn one location in the spent fuel storage pool to an incorrect location and lowerd until it came in contact with an assembly already placed in that location 611 2/87 1

A he1 assembly in the reactor core was found to be 90 degrees out of the proper orientation 3/18/85 2

A fuel assembly was lowered into contact with another assembly located in the fuel upender 911 8/74 1

Drop of unchanneled fuel assembly from main fuel grapple to spent fuel storage pool floor

4CY BURTON, ESQ.

PHONE NO. : 203 938 3952 Dec. 20 2000 10: 43RM P8 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION I n t h e M a t t e r o f :

Northeast N u c l e a r Energy Company M i l l s t o n e N u c l e a r Power Station, U n i t N o. 3

Docket No. 50-423-LA-3

MAY 11, 2 0 0 0 DEPOSITION OF MICHAEL C. JENSEN CERTIFIED COPY Kathryn Orofino Shea & Driscoll, LLC Court Reporting Associates 1 6 Seabreeze Drive Waterford, Connecticut 06385

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PHONE NO. : 203 938 3952 I helieve the attorneys compiled it-From what information?

From the information supplied by Kathy Emmons and others.

Who are the others?

I don't know.

Did you provide any of the information?

Directly, no.

Did you attempt to retrieve any of the What do you mean by "retrieve"?

Go into some kind of a record repository --

database.

No, that w a s Kathy's job. That was her Now, do you know where she obtained -- where I do not know the exact method that she used Q

What is your best understanding of where she Well, there's several datebases that s h e

FROM : NANCY BURTON, ESQ.

PHONE NO.

203 938 3952 Dec. 28 2000 18:40RM P1 Nancy Burton, Esq.

147 Cross Highway Redding Ridge CT 06576 Tel. 203-938-3952 Fax 203-938-3 168 Telefax Transmission To: Office of the NRC Secretary Fax No.: 301-415-1672 To: David A. Repka, Esq.

Fax No. 2020371-5950 To: Ann P. Hodgdon, Esq.

Fax No. 301-415-3725 Date: December 20,2000 No. Pages: Cover + Nine Comments:

CONFIDENTIALITY NOTICE: This telefax transmission is intcnded only for the use of the addressee and may contain information that is privileged and confidential. If you are not the intended recipient, you are hereby notified that any use of this communication is strictly prohibited. If you have received this communication in error, please notify this office immediately by telephonc at 203-938-3952.