ML17306A620

Forwards Director Decision Denying Request That Palo Verde Plant Be Shut Down Pending Resolution of 10 Specific Allegations Contained in Ltr from Dk Colapinto & SM Kohn

ML17306A620
Person / Time
Site:	Palo Verde
Issue date:	03/19/1992
From:	Trammell C Office of Nuclear Reactor Regulation
To:	Conway W ARIZONA PUBLIC SERVICE CO. (FORMERLY ARIZONA NUCLEAR
Shared Package
ML17306A621	List: ML17306A620
References
2.206, TAC-M80560, TAC-M80561, TAC-M80562, NUDOCS 9204010281
Download: ML17306A620 (10)

Text

March 19, 1992 Docket Nos.

50-528, 50-529, and 50-530 Hr.

William F.

Conway Executive Vice President, Nuclear Arizona Public Service Company P.O.

Box 53999

Phoenix, Arizona 84072-3999

SUBJECT:

ISSUANCE OF DIRECTOR'S DECISION UNDER 10 CFR 2.206 REGARDING PALO VERDE NUCLEAR GENERATING STATION, UNIT NOS ~

1, 2, AND 3 (TAC NOS.

M80560, M80561 and M80562)

On June 6,

1991, David K. Colapinto and Stephen MD Kohn submitted a letter to the Chairman of the Nuclear Regulatory Commission requesting that, the three units at Palo Verde be shut down pending the resolution of ten specific allegations contained in the letter.

The letter also requested that NRC appoint a special investigative team to monitor and inspect conditions at the plant.

The letter has been treated as a request for action under 10 CFR 2 '06 of the Commission's regulations.

A Director's Decision was issued on March 16, 1992 '

copy of the decision and the related notice that has been filed with the Office of the Federal Register for publication are enclosed for your information.

Sincerely, Onginal signed by Charles M. Trammell, Senior Project Manager Project Directorate V

Division of Reactor Projects III/IV/V Office of Nuclear Reactor Regulation

Enclosures:

As stated cc w/enclosures:

See next page DISTRIBUTION:

Docket File-PDV r/f PDV p/f CT ramme1 1 NRC/Local PDRs KThompson TQuay HVirgi 1 io BBoger DFoster RZimmerman, RV ACRS (10)

OGC EJordan OFFICE PDV/LA DFo t PDV/P rammell:bj KT son DATE 8 /iy/91

/ 8/91 0/

/e1 3/) 1/91 OFFICIAL RECORD COPY OCY 050OOG>8 i028i 920319 PDR AD PDR P

I H

EI

~

~

~gS Afg0 p.

+

P

++*++

UNITEDSTATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 March 19, 1992 Docket Nos.

50-528, 50-529, and 50-530 Hr.

William F.

Conway Executive Vice President, Nuclear Arizona Public Service Company P.O.

Box 53999

Phoenix, Arizona 84072-3999

SUBJECT:

ISSUANCE OF DIRECTOR'S DECISION UNDER 10 CFR 2.206 REGARDING PALO VERDE NUCLEAR GENERATING STATION, UNIT NOS.

1, 2,

AND 3 (TAC NOS.

H80560, H80561 and M80562)

On June 6,

1991, David K. Colapinto and Stephen H.

Kohn submitted a letter to the Chairman of the Nuclear Regulatory Commission requesting that the three units at Palo Verde be shut down pending the resolution of ten specific allegations contained in the letter.

The letter also requested that NRC appoint a special investigative team to monitor and inspect conditions at the plant.

The letter has been treated as a request for action under 10 CFR 2.206 of the Commission's regulations.

A Director's Decision was issued on March 16, 1992.

A copy of the decision and the related notice that has been filed with the Office of the Federal Register for publication are enclosed for your information.

Sincerely,

Enclosures:

As stated C~ e.

Charles M. Trammell, Senior Project Manager Project Directorate V

Division of Reactor Projects III/IV/V Office of Nuclear Reactor Regulation cc w/enclosures:

See next page

~

~

Q7

Mr. William F.

Conway Arizona Public Service Company Palo Verde CC Nancy C. Loftin, Esq.

Corporate Secretary

& Counsel Arizona Public Service Company P.

O.

Box 53999, Mail Station 9068

Phoenix, Arizona 85072-3999 James A. Beoletto, Esq.

Southern California Edison Company P.

O.

Box 800

Rosemead, California 91770 Senior Resident Inspector U.S. Nuclear Regulatory Commission HC-03 Box 293-NR Buckeye, Arizona 85326 Regional Administrator, Region V

U.

S. Nuclear Regulatory Commission 1450 Maria Lane Suite 210 Walnut Creek, California 94596 Jack R.

Newman, Esq.

Newman

& Holtzinger, P.C.

1615 L Street, N.W., Suite 1000 Washington, D.C.

20036 Curtis Hoskins Executive Vice President and Chief Operating Officer Palo Verde Services 2025 N. 3rd Street, Suite 220

Phoenix, Arizona 85004 Roy P.

Lessey, Jr.,

Esq.

Bradley W. Jones, Esq.

Arkin, Gump, Strauss, Hauer and Feld El Paso Electric Company 1333 New Hampshire Ave., Suite 400 Washington, D.C.

20036 Mr. Charles B. Brinkman, Manager Washington Nuclear Operations ABB Combustion Engineering Nuclear Power 12300 Twinbrook Parkway, Suite 330 Rockvi lie, Maryland 20852 Mr. William A. Wright, Acting Director Arizona Radiation Regulatory Agency 4814 South 40 Street

Phoenix, Arizona 85040 Chairman Maricopa County Board of Supervisors 111 South Third Avenue

Phoenix, Arizona 85003

~(>

I'

gag Afcg ci io

.~Op no"!

kg**4 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555

.Ihrch 16, 1992 Docket Nos. 50-528, 50-529, and 50-530 David K. Colapinto, Esq.

Stephen H. Kohn, Cha1rman Board of Governors National Whistleblower Center 517 Florida Avenue, N.W.

Washington, D.C. 20001-1850 Dear Hessrs.

Colapinto and Kohn:

I am providing a f1nal response to your letter of June 6,

1991, and supplemental letter of January 14,

1992, 1n which you presented 10 allegations regarding operations at the Palo Verde Nuclear Generat1ng Station and requested that the three units at Palo Verde be 1mmediately shut down until the matters raised 1n your letter have been resolved.

You also requested that the U.S. Nuclear Regulatory Commission (NRC) appo1nt a special 1nvest1gative team to monitor and inspect condit1ons at the plant.

For the reasons set forth 1n the enclosed D1rector's Dec1sion (DD-92-01), your requests are den1ed.

A copy of th1s dec1sion will be referred to the Secretary of the Commission for the Comm1ssion to review 1n accordance w1th Section 2.206(c) of Title 10 of the Code of Federal Regulations (10 CFR 2.206(c)).

As provided by this regulation, the decision w111 constitute the final action of the Commission 25 days after the date of 1ssuance unless the Commission, on its own motion, 1nst1tutes a review of the decision within that time.

Your letter alleges safety problems at Palo Verde and also alleges that the Arizona Public Serv1ce Company has engaged in w1despread harassment and retaliation against employees who raise safety concerns, thereby creating a

"chilling effect" to suppress the free disclosure of safety v1olations.

This matter was also raised in the 10 CFR 2.206 Petition subm1tted by Hr. Colap1nto on behalf of Hrs.

L1nda E. Hitchell of Hay 22, 1990.

In my letter of October 31, 1990, which provided a part1al response to that petition, I stated that the NRC Office of Investigations is invest1gating th1s matter, and I will 1ssue a Final Director's Dec1sion on th1s matter at a later time.

Hessrs.

Colapfnto and Kohn I have enclosed a copy of the notice regarding this decision that has been filed with the Office of the Federal Register for publication.

Sincerely, Thomas E. Hurley, Director Office of Nuclear Reactor Regulation

Enclosures:

1.

Director's Decision (DD-92-01) 2.

Federal

~Re later Notice