ML16341A606
| ML16341A606 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 05/15/1985 |
| From: | Harold Denton Office of Nuclear Reactor Regulation |
| To: | Devine T GOVERNMENT ACCOUNTABILITY PROJECT |
| References | |
| NUDOCS 8505240482 | |
| Download: ML16341A606 (12) | |
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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 NAY 15 S Docket Nos.
50-275 50-323 (10 CFR 2. 206)
Mr. Thomas Devine, Legal Director Government Accountability Project 1555 Connecticut
- Avenue, N.W.,
Suite 202 Washington, D.C.
20036
Dear Mr. Devine:
This letter is sent in regard to various petitions that you have submitted to the Commission on behalf of Messrs.
James L. McDermott and Timothy J.
O'eill, and which have been referred to me for appropriate action under 10 CFR 2.206.
Although some of the reviews and investigations of the matters raised in your petitions are not yet complete, I do not believe, for the reasons set forth in this letter, that the actions which you have requested are required prior to commercial operation of Diablo Canyon Unit 1 or licensing of Unit 2.
To put my decision at this time in perspective, it is worth reviewing the requests for relief made in the various petitions.
Your initial filings dated July 27, 29, 30 and 31,
- 1984, were denied in substantial part by my decision of August 20, 1984.
See Pacific Gas Il Electric Co. (Diablo Canyon Nuclear Power Plant, Units 1 5~,
D-8 -19, 20 NRC 7
3 19 3).
In that
- decision, I determined that the actions you requested prior to full-power licensing of Unit 1 to address the allegedly deleterious effects of harassment and intimidation of workers at the Diablo Canyon site were not mandated on the basis of the information available at that time.
I also indicated in that decision that a final determination on your petitions would be made upon completion of the investigations being conducted by the NRC's'Office of Investigations.
Since my August decision was issued, you filed on November 15,
- 1984, an "Amended Petition Pursuant to 10 CFR 2.206," in which you requested that the Commission take certain additional actions prior to commercial operation of Unit 1 or licensing of Unit 2 on the basis of alleged quality assurance problems in the Diablo Canyon project.
Among other thinqs, you requested that the COIImission take actions with respect to its internal handling and management of allegations of safety deficiencies and wrongdoing.
You also requested that the Commission
( 1) conduct a reinspection of Unit 2 hardware that could be deficient owing to quality assurance practices identified by the 1977-78 Nuclear Services Corporation audit; (2) conduct an investigation to determine whether the failure of PG8E to report the NSC audit was PDR
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intentional; (3) determine the sufficiency of Paramount structures in Units 1
and 2; and (4) require testing and repair of the reactor vessel level indicator system.
More recently, you filed a "Supplement to Petition Pursuant to 10 CFR 2.206" dated March 14, 1985, which provided additional information concerning the adequacy of fasteners provided by Cardinal Industrial Products, further deficiencies in quality assurance for design activities, and improper actions by the licensee's management.
Although the March 14th supplement does not make any specific request for relief, the staff presumes that this information is alleged to require resolution of the issues and corrective actions prior to commercial operation of Unit I and licensing of Unit 2, previously sought by your submittal of November 15, 1984.
With respect to your requests concerning the agency's internal handling of allegations, I can only reiterate that the staff has made a responsible effort to analyze and resolve various allegations in accordance with the Diablo Canyon Allegation Management Program (DCAMP) procedures.
I continue to be satisfied that the current process, including the personnel
- involved, has satisfactorily addressed concerns raised in your petitions and that no changes are currently necessary.
To the extent your petitions have alleged misconduct by members of the staff, the petitions have been referred to the NRC's Office of Inspector and Auditor.
With respect to allegations concerning harassment and intimidation of
- workers, I am not aware of any evidence that would alter the conclusions reached in my August 1984 decision on this sub,iect.
As indicated in that
- decision, I will take appropriate action on this issue at the conclusion of the investigations being conducted by the Office of Investigations (OI).
Supplement No.
28 to the Safety Evaluation Report (SSER 28) addresses all allegations, including those contained in your November 15th amendment to the petition, which were received as of March 1, 1985.
SSER 28 documents the resolution of more than half of these allegations pertaining to both Units 1
and 2 and presents the results of the staff's screening review of the remaining unresolved allegations for their significance to safe operation.
While not all of the allegations have been wholly resolved, I have declined to take, on the basis of the findings presented in SSER 28, the actions requested in the November 15th amendment to the petition.
In this regard, it is worth notinq that in SSER 28 the staff has resolved issues pertaining to items for which you requested action in the November 15th amendment to the petition; i.e.,
the adequacy of Paramount shop welds on safety system piping support stanchions (allegation numbers
- 1495, 1496,
- 1498, 1499,
- 1526, 1553, 1554 and 1555),
and testing and repair of the reactor vessel level indicator system (allegation numbers 1535-38, 1540 and 1559).
I have enclosed 25 copies of SSER 28 for you to distribute to your clients whose allegations are addressed or are resolved in this report.
With respect to your March 14th supplement to the petition, the staff has screened the allegations contained therein (as well as those in your earlier requests which have not as yet been fully resolved) to determine whether they required resolution prior to licensing of Unit 2.
Based on this review, I do not believe that complete resolution of the allegations is necessary prior to licensing of Unit 2 or that the allegations indicate a need for immediate suspension of the operating license for Unit 1.
The staff s review and resolution of allegations in the March 14th supplement will be documented in a future supplement to the Safety Evaluation Report.
I would note particularly that the licensee had initiated appropriate actions in response to the Office of Inspection and Enforcement Information Notice to review potential problems with Cardinal fasteners used at Diablo Canyon.
The licensee put a hold on any uninstalled nuts, bolts and studs, took measures to ensure that appropriate "certification existed for those installed, undertook testing of already installed studs which were removed because of lack of traceability, and undertook testing of already installed nuts which were removed because of procurement from an unapproved vendor.
- Thus, based on the staff's understanding of the licensee's actions to date, there is reasonable assurance that potential problems with Cardinal bolts have been identified and corrected at Diablo Canyon.
I will issue a final decision with respect to your petition upon completion of the relevant staff reviews and investigations.
Sincerely, Original S@iea op
, g.KDenton
Enclosure:
As stated Harold R. Denton, Director Office of Nuclear Reactor Regulation cc:
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Mr. J.
D. Shiffer, Vice President Nuclear Power Generation c/o Nuclear Power Generation, Licensing Pacific Gas and Electric Company 77 Beale Street, Room 1451 San Francisco, California 94106 Philip A. Crane, Jr.,
Esq.
Pacific Gas 5 Electric Company Post Office Box 7442 San Francisco, California 94120 Mr. Malcolm H. Furbush Vice President - General Counsel Paci fic, Gas 5 Electric Company Post Office Box 7442 San Francisco, California 94120 Janice E. Kerr, Esq.
California Public Utilities Commission 350 McAllister Street
'an Francisco, California 94102 Mr. Frederick Eissler, President Scenic Shoreline Preservation Conference, Inc.
4623 More Mesa Drive Santa Barbara, California 93105 Ms. Elizabeth Apfelbe'rg 1415 Cozadero San Luis Obispo, California 93401 Mr. Gordon A. Silver Ms. Sandra A. Silver 1760 Alisal Street San Luis Obispo, California 93401 Harry M. Willis, Esq.
Seymour 8 Willis 601 California Street, Suite 2100 San 'Francisco, California 94108 Mr. Richard Hubbard MHB Technical Associates Suite K
1725 Hamilton Avenue San Jose, California 95125 Mr. John Marrs, Managing Editor San Luis Obis o Count Tele ram Tribune o nson venue P. 0.
Box 112 San Luis Obispo, California 93406 Diablo Canyon Resident Inspector/Diablo Canyon NPS c/o US Nuclear Regulatory Commission P. 0.
Box 369 Avila Beach, California 93424 Ms.
Raye Fleming 1920 Mattie Road Shell Beach, California...93440
)oel Reynolds, Esq.
John R. Phillips, Esq.
Center for Law in the Public Interest 10951 West Pico Boulevard Third Floor Los Angeles, California 90064 Mr. Dick Blankenburg Editor A Co-Publisher South County Publishing Company P. 0.
Box 460 Arroyo Grande, California 93420 Bruce Norton, Esq.
Norton, Burke, Berry 8 French, P.C.
202 E. Osborn Road P. 0.
Box 10569 Phoenix, Arizona 85064 Mr. W. C. Gangloff Westinghouse Electric Corporation P. 0.
Box 355 Pittsburgh, Pennsylvania 15230 David F. Fleischaker, Esq.
P. 0.
Box 1178 Oklahoma City, Oklahoma 73101
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Arthur C. Gehr, Esq.
Snell E Wilmer 3100 Valley Center Phoenix, Arizona 85073 Mr;- Lee -M.-Gustafson, Director Federal Agency Relations Pacific Gas 5 Electric Company 1050 17th Street, N.W.
Suite 1180 Washington, DC 20036
'egional Administrator - Region V
US Nuclear.,Regulatory Commission 1450 Maria Lane Suite 210
,Walnut Creek, California 94596 Michael J. Strumwasser, Esq.
Special Counsel to the Attorney General State of California 3580 Wi.lshire Boulevard, Suite 800 Los Angeles, California 90010 Mr. Tom Harris Sacramento Bee 21st and 0 Streets Sacramento, Cali fornia 95814 Mr. K. Daniel Nix California Energy Commission 1516 9th Street, MS 18 Sacramento, California 95814 Lewis Shollenberger, Esq.
US Nuclear Regulatory Commission-Region V
1450 Maria Lane Suite 210 Walnut Creek, Cali fornia 94596 Mr. Thomas Devine Government Accountability Project Institute for Policy Studies 1901 gue Street, NW Washington,-DC
- 20009
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DIABLO CANYON NUCLEAR POWER PLANT 2.206 GREEN TICKET NO. 000125 MAY 15 1985 DISTRIBUTIONw/o ENCLOSURE:
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PDR NSIC EDOO 000125 EDO Reading File WDircks MLey HSchierling JLee LBb'3 Reading MJambor/HLThompson
- SBurns, OELD PO'Brien/TMNovak CGrimes KBowman, P-428 8000125
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