ML031390067

G20030048/LTR-03-0059 - Rep. Dennis J. Kucinich Ltr Re Petition Pursuant to 10 CFR 2.206 Requesting the NRC Revoke Firstenergy Nuclear Operating Company'S License to Operate the Davis Besse Nuclear Power Station

ML031390067
Person / Time
Site:	Davis Besse
Issue date:	06/06/2003
From:	Zwolinski J NRC/NRR/DLPM
To:	Kucinich D US HR (House of Representatives)
Collins D S, NRR/DLPM, 415-1427
References
2.206, G20030048, LTR-03-0059
Download: ML031390067 (7)

Text

June 6, 2003 The Honorable Dennis J. Kucinich United States House of Representatives Washington, D.C. 20515

Dear Congressman Kucinich:

Your petition dated February 3, 2003, and your supplement to the petition dated March 27, 2003, addressed to Dr. William D. Travers, regarding the Davis-Besse Nuclear Power Station, Unit 1 (Davis-Besse) have been reviewed by the Nuclear Regulatory Commission (NRC) staff pursuant to Section 2.206 of Title 10 of the Code of Federal Regulations. The staffs proposed Directors Decision on the petition is enclosed.

Your petition requested that the NRC immediately revoke the FirstEnergy Nuclear Operating Companys (FENOCs or the lisensees) license to operate the Davis-Besse facility. As the basis for your request, you stated that FENOC has operated outside the parameters of their operating license for several years, has violated numerous federal laws, rules and regulations, and has hidden information from the NRC and lied to the NRC to justify the continuing operation of the Davis-Besse Nuclear Power Station. In the March 27, 2003, supplement, you argued that investigations being conducted by the NRCs Office of Investigations to determine whether FENOC willfully violated NRC requirements and whether FENOC deliberately misled the NRC must be completed before the NRC makes any decisions regarding the merits of your petition.

The NRC staff has carefully evaluated your request to delay consideration of this petition pending completion of the NRCs wrongdoing investigations and has determined that such a delay is not warranted. As discussed in this proposed Directors Decision, the Davis-Besse plant is currently shut down, and will remain so, until the NRC is fully satisfied that there is reasonable assurance of adequate protection of the public health and safety and that all issues associated with management of the facility have been satisfactorily addressed. The NRC issued a Confirmatory Action Letter to FENOC confirming the licensees agreement that NRC approval is required for restart of the Davis-Besse plant. The Confirmatory Action Letter also documented a number of actions that the licensee must implement before the NRC will consider a restart. The NRC is also providing enhanced oversight of FENOCs corrective actions at Davis-Besse as described in NRC Inspection Manual Chapter 0350, Oversight of Operating Reactor Facilities in a Shutdown Condition with Performance Problems. That enhanced monitoring will continue during the plant shutdown, any future restart and, if a restart is permitted, following restart until a determination is made that the plant is ready for return to the NRCs normal Reactor Oversight Process.

Additionally, FENOC has initiated, and is still implementing, extensive corrective actions to address hardware, programmatic, and human performance issues in order to demonstrate or achieve compliance with NRC requirements. Thus far, in its oversight of the licensees

Congressman Kucinich corrective actions for the apparent violations, the NRC has not observed an inability or unwillingness on the part of FENOC to achieve compliance with NRC requirements.

Furthermore, the NRCs enforcement considerations are still ongoing, as are its investigations into alleged willfulness of apparent technical violations and possible willful withholding of information. These matters will be appropriately handled consistent with NRC policies for enforcement and interface with the U.S. Department of Justice. The merits of the petition do not rest on the potential outcomes of the investigations being conducted by the NRCs Office of Investigations. The corrective actions taken by the licensee and the NRCs oversight of those corrective actions, as well as the NRCs continuing enforcement considerations, allow the NRC to consider this petitions merits while the NRCs Office of Investigations wrongdoing investigations are still ongoing.

I request that you provide comments to me on any portions of the proposed decision that you believe involve errors or any issues in the petition that you believe have not been fully addressed. The staff is making a similar request of the licensee. The staff will then review any comments provided by you and the licensee and consider them in the final version of the Directors Decision with no further opportunity to comment. As specified in 10 CFR 2.206, within twenty-five days after the date of the final version of the Directors Decision being published, the Commission may on its own motion review that decision. If the Commission does not act on the Directors Decision within that twenty-five days (unless the Commission extends the review time), the Directors Decision becomes the final agency action on the petition.

Please provide your comments by July 7, 2003. Consistent with the guidance in NRC Management Directive 8.11, Review Process for 10 CFR 2.206 Petitions, if no comments are received, the proposed Directors Decision will be issued as the final Directors Decision shortly after the comment period ends.

Sincerely,

/RA by LMarsh for/

John A. Zwolinski, Director Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-346

Enclosure:

Proposed Director's Decision cc w/encl: See next page

ML031390138 (Package)

Davis-Besse Nuclear Power Station, Unit 1 cc:

Mary E. OReilly State of Ohio FirstEnergy Corporation Public Utilities Commission 76 South Main St. 180 East Broad Street Akron, OH 44308 Columbus, OH 43266-0573 Manager - Regulatory Affairs Attorney General FirstEnergy Nuclear Operating Company Department of Attorney General Davis-Besse Nuclear Power Station 30 East Broad Street 5501 North State - Route 2 Columbus, OH 43216 Oak Harbor, OH 43449-9760 President, Board of County Director, Ohio Department of Commerce Commissioners of Ottawa County Division of Industrial Compliance Port Clinton, OH 43252 Bureau of Operations & Maintenance 6606 Tussing Road President, Board of County P.O. Box 4009 Commissioners of Lucas County Reynoldsburg, OH 43068-9009 One Government Center, Suite 800 Toledo, OH 43604-6506 Regional Administrator U.S. Nuclear Regulatory Commission David Lochbaum, Nuclear Safety Engineer 801 Warrenville Road Union of Concerned Scientists Lisle, IL 60523-4351 1707 H Street NW, Suite 600 Washington, DC 20006 Michael A. Schoppman Framatome ANP The Honorable Dennis J. Kucinich 1911 N. Ft. Myer Drive United States House of Representatives Rosslyn, VA 22209 Washington, D.C. 20515 Resident Inspector The Honorable Dennis J. Kucinich, Member U.S. Nuclear Regulatory Commission United States House of Representatives 5503 North State Route 2 14400 Detroit Avenue Oak Harbor, OH 43449-9760 Lakewood, OH 44107 Randel J. Fast, Plant Manager FirstEnergy Nuclear Operating Company Davis-Besse Nuclear Power Station 5501 North State - Route 2 Oak Harbor, OH 43449-9760 Dennis Clum Radiological Assistance Section Supervisor Bureau of Radiation Protection Ohio Department of Health P.O. Box 118 Columbus, OH 43266-0118 Carol OClaire, Chief, Radiological Branch Ohio Emergency Management Agency 2855 West Dublin Granville Road Columbus, OH 43235-2206 Zack A. Clayton DERR Ohio Environmental Protection Agency P.O. Box 1049 Columbus, OH 43266-0149