ML17303A409
| ML17303A409 | |
| Person / Time | |
|---|---|
| Site: | Palo Verde  |
| Issue date: | 04/27/1987 |
| From: | Kauffman J, Michael Scott COALITION FOR RESPONSIBLE ENERGY EDUCATION, GRAY PANTHERS |
| To: | NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| References | |
| 2.206, TAC-65606, NUDOCS 8705180012 | |
| Download: ML17303A409 (9) | |
Text
REBULATORQTNFORN*TION DIBTRIBVTION '+TEN (RIDE)
\\
ACCESSION NBR: 8705180012 DOC. DATE: 87/04/27 NOTARIZED:
NO DOCKET 0 FACIL STN 50 528 Palo Verde Nuclear Stationi Unit ii Arizona Pub li 05000528 AUTH. NAME AUTHOR AFFILIATION SCOTT'. L.
Coal ition for Resp onsib le Energ g Educ'ation KAUFFMAN,S.
Gran Panthers REC IP. NAME RECIPIENT AFFILIATION Office of Inspection 5 Enforcementi Director (820201-870411
SUBJECT:
Petition under 10CFR2. 206 re alleged unauthorized disabling of engineered safety sos on 870120'gt response to event failure of personnel 5 mgt to fully appreciate significance of events. Shoe cause order warranted.
DISTRIBUTION CODE:
YE03D COPIES RECEIVED: LTR ENCL SIZE:
TITLE: Request for NRR Action (e. g.
- 2. 206 Petitions)
Zc,-, Related Correspondenc NOTES: Standardized plant. M. Davis. NRR: iCg.
05000528 RECIPIENT ID CODE/NAME PD5 LA LICITRA>E INTERNAL: EDO/BR IDQERS
(@48, 1
REQ FILE 01 EXTERNAL: LPDR NOTES:
COPIES LTTR ENCL 1
1 1
1 1
1 1
1 1
RECI P IENT ID CODE/NAME PD5 PD DAVIS' NRR DIR OQC/ROED NRC PDR COPIES LTTR ENCL 1
1 1
1 1
1 TOTAL NUMBER OF COPIES REQUIRED:
LTTR 12 ENCL 12
I
- .1'VI
~ ~'I II "I ~
I V
I Il
,h
~
<<(
II 41
'f 'if)lf"
<<) +V
>Oh
~ r,
!~f6'>>-
~
II I
I
)I 'L
,)
~$ 'h <<g
$ )g) ll ll l"'llV 1 11
. ";,<< ':.>(~".'i) lt 1
I' l g <<
II II)
C'.t'<'>>
3V..l'
'" I'"
, ~
ll I.,V ll
-j 1
UNITED STATES NUCLEAR REGULATORY COMMISSION OFFICE OF INSPECTION AND ENFORCEMENT 8705180012 870427
]
PDR ADOCK 05000528 Q
PDR PETITION UNDER 10 CFR 2.206 RE: Arizona Public Service
- Company, et al.
(Arizona Nuclear Power Project)
(Palo Verde Nuclear Generating Station)
Docket No. 50-528 (License No. NPF-34)
April 27, 1987 COALITION FOR RESPONSIBLE ENERGY EDUCATION and VALLEY OF THE SUN GRAY PANTHERS 315 W. Riviera Drive
- Tempe, AZ 85282
L'
l UNITED STATES NUCLEAR REGULAT Y COMMISSION OFFICE OF INSPECTION AND ENFORCEMENT SHOW-CAUSE PETITION UNDER 10 CFR 2.206 (Docket No. 50-528; License No. NPF-34) 1.
This petition is brought by the Coalition for Responsible Energy Education
("CREE") and Valley of the Sun Gray Panthers before the Director, USNRC Office of Inspections and Enforcement, pursuant to 10 CFR 2.206(a).
2.
Petitioners allege that the unauthorized disabling of an engineered safety system by the Palo Verde Nuclear Generating Station Unit 1 control room Shift Supervisor on January 20,
- 1987, and plant management's response to that event, are representative of the failure of Palo Verde personnel and management to fully appreciate the significance of safety-related events and to adopt a thorough diagnostic approach to such events in order to prevent H
their recurrence.
Petitioners further allege that the high number of Licensee Event Report incidents at Palo Verde Nuclear Generating Station Units 1 and 2 and the fact that Arizona Nuclear Power Project is still in the early years of attitude formation increase the importance of instilling a thorough and diagnostic approach to event assessment and operator behavior through regulatory disciplinary action.
3.
Wherefore, petitioners request issuance of an order to show
- cause, pursuant to 10 CFR 2.202, ordering Arizona Public Service
- Company, et al. (Arizona Nuclear Power Project) to show cause why a Notice of Violation (Severity Level 3 or higher) should not be issued and a Civil Penalty of not less than
$ 100,000
($ 50,000, escalated for repetitive nature of concerns) be assessed.
4.
Petitioners are non-profit volunteer organizations based in Maricopa County, Arizona.
Their memberships consist primarily of inidviduals residing in Maricopa County, Arizona (Greater Phoenix area).
CREE has brought 2.206 petitions before the Commission on previous occasions.
5.
The facts are set out in the attached appendices, consisting principally of USNRC documentation, accompanied by petitioners'ssessment of the significance of the events described therein.
2.
6.
Title 10 of the Code of Federal establishes the right of the public to institute show cause proceedings modify, suspend or revoke a license may be proper.
Regulations 2.206(a) to petition USNRC directors pursuant to 10 CFR 2.202 to or for such other relief as 7.
The issuance of a show-cause order in this case is warranted, even though regional NRC authorities have reviewed the facts and expressed their concerns to plant management, under the standard established in the Indian Point case:
(T]he standard to be applied in determining whether to issue a show cause order is, as we have said in Indian Point, whether "substantial health or safety issues
]have been raised...."
A mere dispute over factual issues does not suffice."
Consolidated Edison Co. of New York et'l. (Indian Point Units 1
2 and 3), CLI-75-8, 2
NRC 173, 177 (1975).
8.
WHEREFORE, for the foregoing reasons, petitioners pray that the Director, Office of Inspection and Enforcement, pursuant to 10 CFR 2.202(a),
Order the Arizona Public Service
- Company, et al./Arizona Nuclear Power Project, to show cause why a Notice of Violation (Severity Level 3 or higher) and escalated Civil Penalty should not be issued for the acts and omissions complained of herein.
RESPECTFULLY SUBMITTED this 27th day of April, 1987.
BY:
MY ON L.
SCOTT Intervention Coordinator Coalition for Responsible Energy Education 315 W. Riviera Drive
- Tempe, AZ 85282 (602) 968-2179 JACK KAUFFMAN Valley of the Sun Gray Panthers Arizona Corporation Commission
/Utilities Committee chair
APPENDIX 1 MARCH 13, 1987, Inspection Report cover letter from Region V,
John Martin. expressing concern over the January 20,
- 1987, event, wherein a Shift Supervisor disabled an engineered safety feature without appropriate procedural control or oversight of management.
Region V raises several questions regarding this event, and adds:
"Furthermore, we are concerned that management at Palo Verde did not appreciate the full extent and significance of this event."
Additionally, the letter emphasizes the importance of early establishment of "the proper operating atmosphere."
PETITIONER submits that this event warrants enforcement action as requested herein, for the following reasons.
The event is disturbing in itself, due to the potential safety significance of such operator behavior in future contexts.
- Moreover, the continuing concern, expressed by Region V, over management's failure to fully appreciate the significance of events at Palo Verde Nuclear Generating Station is extremely disturbing, due to frequent and repetitive nature of such concerns.