ML17058B765

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Notice of Issuance of Directors Decision Under 10CFR2.206. Petitioner Requested That NRC Issue Order Directing NMPC to Cease Power Operation of Facility Immediately & Place Reactor in cold-shutdown Condition.Request Denied
ML17058B765
Person / Time
Site: Nine Mile Point 
Issue date: 05/09/1993
From: Murley T
Office of Nuclear Reactor Regulation
To:
Shared Package
ML17058B763 List:
References
2.206, NUDOCS 9305200275
Download: ML17058B765 (10)


Text

Enclosure 2

UNITED STATES NUCLEAR REGULATORY COMMISSION DOCKET NO. 50-220 NIAGARA MOHAWK POWER CORPORATION NINE MILE POINT NUCLEAR STATION UNIT NO.

1 LICENSE NO.

DPR-63 ISSUANCE OF DIRECTOR'S DECISION UNDER 10 CFR 2.206 Notice is hereby given that the Director, Office of Nuclear Reactor Regulation, has issued a Director s Decision concerning a Petition dated October 27, 1992, filed by Ben L. Ridings (Petitioner).

The Petitioner requested that the Nuclear Regulatory Commission (NRC) 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 until such time as subsequent tests and inspections are shown to provide the requisite reasonable assurance of 'no undue risk to public health and safety.

The Petitioner also requested that the NRC hold a public hearing before the plant is allowed to operate again.

The Petition sought relief on the basis of assertions that (1)

NHPC is operating NMP-1 in violation of the requirements for availability of an emergency core.cooling system (ECCS) high-pressure coolant injection (HPCI)

system, including the failure to provide the mandatory emergency backup power to the HPCI system; (2) 45 percent of the containment isolation valves have 930520027 5; 930509'DR ADQCN 05000220 P

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administrative deficiencies, and (3)

NHPC, NHPC 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, the Director of the Office of Nuclear Reactor Regulation acknowledged receipt of the Petition and notified the Petitioner that this matter would be considered pursuant to 10 CFR 2.206.

The Petitioner's request for immediate action was denied in the Director's December 4,

1992, letter acknowledging receipt of the Petition.

The Director's December 4,

1992, letter included a request for some specific

. information that was not fully legible or not provided in the Petition.

The.

Petitioner submitted the requested information in a response received by the NRC Office of the Executive Director for Operations on January 5,

1993, or in a January 11,

1993, telephone conversation between the Petitioner and the NRC Project Manager for NHP-1.

The Petitioner's response also asserted that the NHP-1 facility will not meet the leakage limits of 10 CFR Part 50, Appendix J, when the leakage rates of Category A containment isolation valves are added to the leakage total for the NHP-1 containment building.

In addition, the Petitioner contended that NMPC's asserted failures to comply with the requirements of 10 CFR Part 50 precluded NHPC from operating NMP-1 with limited liability.

The NRC staff issued License Amendment No.

140 to the NHP-1 Facility Operating License (DPR-63) on April 12, 1993.

This license amendment corrects the NHP-1 Technical Specifications tables that list the containment isolation valves, their initiating signals, and their stroke times.

To the extent the Petitioner sought such corrections, this relief has been granted.

NHPC has

~ 1

committed to update, by June 30, 1993, the NMP-1 Updated Final Safety Analysis Report (UFSAR) to properly list the containment isolation valves.

The NRC staff will verify this commitment as part of its routine reviews of UFSAR updates.

With regard to the other requests made by the Petitioner, an immediate shutdown of NMP-1 and the institution of a public hearing before authorizing resumption of plant operation, the Director has determined that the Petitioner's request should be denied.

The reasons for the denial are given in the "Director's Decision Pursuant to 10 CFR 2.206" (DD-93-10), which is available for inspection and copying in the Commission's Public Document

Room, The Gelman Building, 2120 L Street, N.W., Washington, D.C.,

and at the local public document room for the Nine Mile Point Nuclear Station at the Reference and Documents Department, Penfield Library, State University of New York, Oswego, New York 13126.

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 stated in 10 CFR 2.206(c),

the decision will become the final action of the Commission 25 days after the date of issuance unless the Commission on its own motion institutes review of the decision within that time.

FOR THE NUCLEAR REGULATORY COMMISSION Dated at Rockville, Maryland, this 9th day of May 1993.

Thomas E. Murley, Director Office of Nuclear Reactor Regulation

0

~ I pt C

Ben L. Ridings

'Ifay 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.

Enclosures:

1. Director's Decision DD 10 2.

Federal

~Re ister Notice

'.cc sw/encl osur,es:

-'r 'See.next"a p'age NRC/Local PDRs EDO ¹8255 EDO Reading T. Hurley/F. Hiraglia, 12/G/18 J. Partlow, 12/G/18 S.

Varga J.

Calvo R. A. Capra CD Vogan D. Brinkman OPA OCA

JNorberg, 7/E/23
  • SEE PREVIOUS CONCURRENCE

'incerely, Origfna1 s ignecl.bp, Thomas E, gur1eg Thomas E. Hurley, Director Office of Nuclear Reactor Regulation DISTRIBUTION Docket File NRR Hail Room (EDO ¹8255)

(12/G/18)

PDI-1 Reading J. Taylor, 17/G/21 V. Yanez (2) (P-223)

C. Cater,

SECY, 16/G/15 H. Halsch,
OGC, 15/B/18 J.
Goldberg, OGC, 15/B/18 ASLBP S.
Burns, OCAA, 16/G/15 ACRS (10)

C. Cowgill, RGN-I

RJones, 8/E/23
RBarrett, 8/H/7
JWiggins, RGN-I D. Williams, IG PDI-1:LA CVo an 9 /2"I /93 RGN-I PDI-1:PH 8 DBrinkman:smm

/z /93 t telo.

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04/06 93 RJones*

04/02/93 ADR1 Tech Editor SRXB SCSB RBarrett*

04/05/93 JNorber "

04/05/93 ADPR >l~

JWiggins*

04/14/93 Pa+1 ALSYA,o"A 09 / >7/93 ACapra

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93 JCalvo 4 /Z7/93 Sva 2- /93 JPartlow k4/93 T urley 93 OFFICIAL RECORD COPY FILENAME: NH12206. PET

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UNITEDSTATES NUCLEAR REGULATORYCOMMISSIOs4 WASHINGTON,D. L20555 EDO Principal Correspondence Control FROM:

Ben L. Ridings

Kingston, TN TO:

EDO FOR SIGNATURE OF:

DUE:

GRN EDO CONTROL: 0008255 DOC DT: 10/27/92 FINA I REPLY:

CRC NO DESC:

2.206 PETITION NINE MILE UNIT ONE DATE: 11/04/92 t

ASSIGNED.TO',

CONTACT:

0 SPECIAL INSTRUCTIONS OR REMARKS:

1Ã /9/Fm ROUTING."-

Taylor Sniezek Thompson Blaha

Murley, NRR
TTMartin, RX Lieberman, OE pp"l"s,"

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