ML17299A982
| ML17299A982 | |
| Person / Time | |
|---|---|
| Site: | Palo Verde  |
| Issue date: | 02/03/1986 |
| From: | Michael Scott COALITION FOR RESPONSIBLE ENERGY EDUCATION |
| To: | Harold Denton Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML17299A983 | List: |
| References | |
| 2.206, NUDOCS 8602050143 | |
| Download: ML17299A982 (7) | |
Text
REQULATO INFORMATION DISTRIBUTION TEM <RIDS)
DOCKET ¹ 05000528 ACCESSION NBR: 8602050143 DOC. DATE: 86/Q2/03 NOTARIZED: YES FACIL:STN-50-528 Palo. Verde Nuclear Stations Unit ii Arizona Publi AUTH. NAME AUTHOR AFFILIATION SCOTT'. L.
Coalition for Responsible Energy Education RECIP. NAME RECIPIENT AFFILIATION DENTONi H. R.
Office of Nuclear Reactor Regulationi Director (post 851125
SUBJECT:
Petition to sho~ cause per 10CFR2. 206(a) requesting suspension or mod of Unit 1
OL for containment sos retesting (ILRT). Supporting documentation encl.
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CJ7 TITLE: Request for NRR Action
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- 2. 206 Petitions) 5 Related Correspondenc NOTES: Standardized plant.
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Q PDR Mr. Harold R. Denton, Director of Operat,ion Office of Nuclear Reactor ReguMtion U.S. Nuclear Regulatory'ommission ashington, D.C. 20555 January 31, 1986 Coalition for Responsible Energy Education 315 West Riviera Drive lempe, Arizona 85282 10 12 13 14 16 17 18 19 20 21 22 23 24 25 26 In the Matter of:
)
DOCKET NO. 50-528 arizona Public Service, et.al.
(Arizona Nuclear Power Projecr-,I NeerNencp Ne] lef pari Palo Verde Nuclear Generating Station Unit 1) and all li ht water reactors RE:
Show Cause Petition Pursuant to 10 CFR 2.206(a)
In the Hatter of Arizona Public Service, et al., Requesting Suspension or Modification of the Operating License for Palo Verde Nuclear Generating Station Unit 1 for Containment System Retesting (ILRT),
Re:
PVNGS No.'.1 Docket No. 50-528 (License Nos.
NPF-34 and NPF-41 This petition is brought by the Coalition for Responsible Energy Education (her'eznafter referred to as "CREE" or "the Coalition")
before the Director, Nuclear Reactor Regulation (NRR), pursuant to 10 CFR 2.206(a) and relevant sections of 10.'CFR 2.202 and 10 CFR 2.204.
The petition sets forth the findings of an indepen-dent review of Palo Verde Nuclear Generating Station (PVNGS) No..i integrated leak rate testing (IL'RT), indicating that said test failed to meet applicable federal regulations due to its. short
- duration, and therefore is invalid.
(As set forth below, other items of concern were also raised regarding the PVNGS-1 ILRT.)
Accordingly, the Coalition requests relief in the form of service upon Arizona Public Service/Arizona Nuclear Power Project (APS/
ANPP) of an Order to Show Cause, pursuant to 10 CFR 2.202, why the Unit 1 operating license should not be suspended and the PVNGS-1 containment ordered immediately retested in accordance with federal regulations.
gqO
'I;. FACTS 10 12 13 14 16 17 18 19 20 21 22 23 24 25 26 Enclosed is the affidavit of Dr. Zinovy V. Reytblatt, ssociate Professor of the Illinois Institute of Technology, whom REE entrusted with an independent review of the first Palo Verde uclear Generating Station Unit No.
1 leak rate test.
,2. 'he affidavit cites severe violations of the applicable federal regulations (10 CFR 50, Appendix J, "Primary Reactor Containment Leakage Testing for Mater-Cooled Power Reactors",
and NS standards).
3.
Dr. Reytblatt maintains that, due to these violations, the test as presented in the Report cannot be acknowledged as valid.
4.
In particular, from the Report it has been learned that the PVNGS-I leak rate test was conducted. on an exemption basis with a total test duration shorter than is allowed by the applicable federal regulations.
5.
CREE unfortunately was not.able to provide Dr. Reytblatt the raw test data.
Only data that has been processed in a special P
armer is available, preventing more detailed analysis.
- However, the conclusions reached on the basis of Dr. Reytblatt.'s examinatio f the test Report are sufficient to demonstrate violation of the pplicable federal regulations.
,.II.'AUTHORITY Title 10 of the 'Code of Federal Regulations 2.206(a) stablishes the right of the public to petition the Director of u'clear Reactor Regulation and other specified directors to
'ntitute proceedings pursuant to 10 CFR 2.202 and 10 CFR 2.204 to
3 ~
modify, suspend or revoke a license, or for other relief as may be proper.
2.
Pursuant to 10 CFR 2.206(a),
the Commission may institute such a proceeding by 'serving upon the licensee an Order to Show Cause.
3.
The Atomic Energy Act of 1954 gives discretion to revoke, suspend or mddify the license or construction permit of an NRC licensee:
10 12 13 14 A license or construction permit may be revoked, suspended or modified in whole or in part...
because of conditions revealed by the application for license or statement of fact or any report, record, inspection, or other means which would warrant the Commission to refuse to grant a license on an original application; or for failure to construct or operate a facility in accordance with the technical specifications in the application; or for the violation of or failure to observe any of the terms and provisions of this chapter or of any regulation of the Commission.
42 U.S.C.
2236.
16 18 20 21 22 23 24 25 26 4 ~
Appendix J to 10 CFR 50 does not allow operation of nuclea reactors where the containment leak rate has not been proven to fall within limits 'specified through the operating license, as demonstrated by an integrated leak rate test conducted according to applicable regulations and standards.
(See affidavit, attached her'eto and fully incorporated by reference.)
Notwithstanding the discretionary aspect of 42 U.S.C.
2236
(~)
h when necessary, and is receuired to determine that there wi.ll be adequate protection of the public health and safety.
See Natural Resources Defense Council vs.
U.S. Nuclear. Re ulator
4 ~
Commission, 528 F.
2d 166 (2d Cir., 1978).
6.
10 CFR 2.206(b) establishes that the appropriate director 10 12 13 14 16 17 18 19 20 21 22 23 24 25 26 shall institute Show Cause.:proceedings or advise the person equesting said proceeding in writing of the reasons for denying the request "within a reasonable time."
III. DESCRIPT<EON OF PETITIONER 1.
The Coalition for Responsible Energy Education is a non-rofit volunteer organization based in Maricopa County, Arizona.
he Coalition's headquarters are located at 315 W. Riviera Dr.,
- empe, Ar'izona.
CREE was founded in 1982 to address energy issues in Arizona, with special emphasis on nuclear
- power, through public education,
- research, litigation and advocacy.
The Coalition, through its officers and attorneys, has represented it members through show cause petitions and in public meetings with the U.S.
uclear Regulatory Commission and through intervention before the rizona Corporation Commission.'he Coalition's membership onsists of individuals residing in and organizations based in rizona..
The petitioner, Myron L. Scott, is Interventi'on Coordinato for the Coalition for Responsible Energy Education and has been uthorized by the CREE Board of Directors to act on behalf of the oalition in all matters pertaining to the U.S.NRC.
The Coalition recently filed Comments on the draft propose evisions to the source terms estimates (Draft NUREG-0956),
mphasizing, among other points, uncertainties regarding contain-ent integrity as a generic concern.
S The petitioner and the Coalition submit this petition on ehalf of all Arizonans concerned about the environmental and 10 12 13 14 16 17 18 19 20 21 22 23 24 25 26 ublic health effects of potential radiation releases, due to
'nadequate containment integrated leak rate testing, to this and uture generations.
TV.
CONCLUSlONS OF LAW 42 U.S.C.
52236(1) and 10 CFR 50.100 provide that a license r permit may be revoked, suspended or modified because of "condi-tions which would warrant the Commission to refuse to grant a
license on an. original application...."
2.
42 U.S.C.
52236(a) and 10 CFR 50.100 also provid.e that a
license or permit may be revoked, suspended or modified "for failu e to construct or operate a facility,in accordance with the terms of the construction permit or license....
or for violation of, or failure to observe, any of the terms and provisions of the act, regulations, license,. permit, or order of the Commission."
3.
The Report of and independent technical analysis of the PVNGS-1 ILRT, and particularly the failure to conduct a test of sufficient duration, are;sufficientyevidence of the violation of applicable federal regulations and fulfillthe conditions of the Atomic Energy Act and Chapter 10 of the'ode of Federal Regula-tions.
V. RELZEF REQUESTED 1.
Based on. the foregoing, the Coalition requests and demands that the leak rate test at Palo Verde Unit No.
1 be conducted in accordance with the present applicable regulations. before
operation of PVNGS Unit'o.
1 is allowed to continue; and 5
12 13 15 2.
Request that all the materials from this test including the raw data and computer programs - and of all previous test at PVNGS including Unit 2 - must.nbe made public documents.
We seek emergency relief which must include'adjustment of the test procedures to comply with all the".'requirements of applicable regulations and standards; and 4.
An immediate shutdown of the PVNGS No.
1 reactor and retesting of the containment system.
5.
WHEREFORE, the Coalition for Responsible Energy Education prays that the Director, pursuant to 10 CFR 2.202(a),
i~ssue an Order to Show Cause upon Arizona Public Service (Arizona Nucleart
/
Power Project) to intiate the requested relief:,
RESPECTFULLY SUBMITTED THIS ~~~~
day of new>
, 1986.
16 17 18 19 20 21 H
ON L.
SCOTT Intervention Coordinator Coalition for Responsible Energy Education 315 W. Riviera Dri've
- Tempe, AZ 85282 (602)968-2179 22 23 24 25 26