ML17058B762

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Responds to Petition Filed Per 10CFR2.206 on 921027 & for Reasons Given in Encl Directors Decision,Other Portions of Petition Have Been Denied.Petition Has Been Referred to NRC OIG for Whatever Review & Action Ig Deems Appropriate
ML17058B762
Person / Time
Site: Nine Mile Point 
Issue date: 05/09/1993
From: Murley T
Office of Nuclear Reactor Regulation
To: Ridings B
AFFILIATION NOT ASSIGNED
Shared Package
ML17058B763 List:
References
CON-#394-13946 2.206, NUDOCS 9305200253
Download: ML17058B762 (6)


Text

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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555.0001 Ihy 9, 1993 Docket No. 50-220 Ben L. Ridings P.O.

Box 1101

Kingston, Tennessee 37763

Dear Mr. Ridings:

This letter responds to the Petition you filed pursuant to Title 10 of the Code of Federal Re ulations, Section 2.206 (10 CFR 2.206) on October 27, 1992.

Your Petition asked the United States Nuclear Regulatory Commission (NRC or Commission) to take direct review of the Petition and issue an immediately effective order directing Niagara Mohawk Power Corporation (NHPC) to cease power operation of Nine Mile Point Nuclear Station Unit No.

1 (NHP-1) and place the reactor in a cold-shutdown condition.

The Petition also requested that the Commission hold a public hearing before authorizing resumption of plant operation.

You sought relief based on the following assertions:

(1)

NMPC is operating NMP-1 in violation of the requirements for availability of an emergency core cooling system (ECCS) high-pressure coolant injection (HPCI) system; (2) 45 percent of the containment isolation valves have administrative deficiencies; and (3)

NMPC, NMPC's quality assurance
group, and the NRC have reviewed these safety concerns and, contrary to any practical justification, have remained silent.

On December 4,

1992, I informed you that the Commission had declined to take direct review of your Petition, that the Petition had been referred to me for consideration pursuant to 10 CFR 2.206, and that a final decision would be issued within a reasonable time.

In my December 4,

1992, letter, I asked you to submit some specific information that was not fully legible or not included in your Petition.

You responded by a letter that enclosed a document titled "Information Requested by Office of Nuclear Reactor Regulation," which was received by the NRC Office of the Executive Director for Operations on January 5,

1993.

The material contained in your response was considered in my decision which is enclosed.

To the extent that you sought correction of the Technical Specifications (TSs) tables to correctly list the NMP-1 containment isolation valves, their initiating signals, and their stroke times, this relief is granted by the NRC's issuance of License Amendment No.

140 to the NMP-1 Facility Operating License DPR-63 on April 12,

1993, NMPC has committed to correct the Updated Final Safety Analysis Report (UFSAR) tables by June 30, 1993.

Action to require earlier change to the UFSAR tables is not needed in light of the NRC staff's confirmation of valve operability during an onsite inspection conducted February 1-5, 1993.

For the reasons given in the enclosed Director's Decision under 10 CFR 2.206, the other portions of your Petition I

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Ben L. Ridings May 9, 1993 have been denied.

Please note that a copy of the Petition has been referred to the NRC Office of the Inspector General for whatever review and action the Inspector General deems appropriate.

A copy of the Decision will be filed with the Secretary of the Commission for the Commission's review in accordance with 10 CFR 2.206(c).

As provided by this regulation, the Decision will constitute the final action of the Commission 25 days after the date of issuance of the Decision unless the Commission, on its own motion, institutes a review of the Decision within that time.

A copy of the Notice of Decision that is being filed with the Office of the Federal Register for publication is also enclosed.

Sincerely,

Enclosures:

1. Director's Decision DD-93-10 2.

Federal

~Re ister Notice cc w/enclosures:

See next page Thomas E. Hurley, Director Office of Nuclear Reactor Regulation

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Niagara Mohawk Power Corporation Nine Mile Point Nuclear Station Unit No.

1 CC:

Hark J. Wetterhahn, Esquire Winston

& Strawn 1400 L Street, NW Washington, DC 20005-3502 Supervisor Town of Scriba Route 8, Box 382

Oswego, New York 13126 Hr. Neil S.

Cams Vice President Nuclear Generation Niagara Hohawk Power Corporation Nine Mile Point Nuclear Station Post Office Box 32

Lycoming, New York 13093 Resident Inspector U.S. Nuclear Regulatory Commission Post Office Box 126
Lycoming, New York 13093 Gary D. Wilson, Esquire Niagara Hohawk Power Corporation 300 Erie Boulevard West
Syracuse, New York 13202 Regional Administrator, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, Pennsylvania 19406 Hs.

Donna Ross New York State Energy Office 2 Empire State Plaza 16th Floor

Albany, New York 12223 Hr. Kim Dahlberg Unit 1 Station Superintendent Nine Mile Point Nuclear Station Post Office Box 32
Lycoming, New York 13093 Hr. David K. Greene Manager Licensing Niagara Mohawk Power Corporation 301 Plainfield Road
Syracuse, New York 13212 Charles Donaldson, Esquire Assistant Attorney General New York Department of Law 120 Broadway New York, New York 10271 Hr. Paul D.

Eddy State of New York Department of Public Service Power Division, System Operations 3 Empire State Plaza

Albany, New York 12223 Hr. B. Ralph Sylvia Executive Vice President, Nuclear Niagara Mohawk Power Corporation 301 Plainfield Road
Syracuse, New York 13212

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