ML17306A930
| ML17306A930 | |
| Person / Time | |
|---|---|
| Site: | Palo Verde  |
| Issue date: | 08/12/1992 |
| From: | Saporito T AFFILIATION NOT ASSIGNED |
| To: | Murley T Office of Nuclear Reactor Regulation |
| References | |
| NUDOCS 9208260325 | |
| Download: ML17306A930 (11) | |
Text
acczr.za.i'STa.ramrOx ozM xSTa.~nOw SvSTmr l
REGULATORY INFQRf'IATION DISTRIBUTION SYSTEI'I (RIDS)
ACCESSION NBR: 9208260325 DOC. DATE: 92/08/12 NOTARIZED:
NO DOCKET 0 FACXL:STN-50-528 Palo Vev de Nuclear Station>
Unit 1>
Av'izona Pub li 05000528 STN-50-529 Palo Vevde Nucleav Station>
Unit 2>
Av izona Publi 05000529 STN-50-530 Palo Vev de Nucleav Station.
Unit 3>
Av i zona Publi 05000530 AUTH. NANE AUTHOR AFFXLIATION SAPORXTO> T. J.
Affiliation Not Assigned R
REC IP. NAl'3E RECIPIENT *FFXLIATION HURLEY> T. E.
Office of Nucleav Reactov Regulation>
Div ectov (Post 870011 I
SUBJECT:
Requests that NRC initiate actions to cause issuance of escalated c ivil penal itg v'e violation.
DISTRIBUTION CODE:
A001D COPIES RECEIVED: LTR ENCL SIZE:
TITLE:
OR Submittal:
Genev al Distv ibution NOTES: STANDARDIZED PLANT Standard i zed p lant.
Standardized p lant.
05000528 05000529 A
05000530
-D REC IP IENT ID CODE/NAME PD5 LA TRASMELL> C COPIES LTTR ENCL 1
2 REC IP IENT ID CODE/NAME PD5 PD THOMPSON> C CQP lES LTTR ENCL INTERNAL: ACRS NRR/DOEA/OTSBli NRR/DST/SICBSH7 NUDOCS-ABSTRACT QGC/HDS1 RES/DSIR/EIB 6
1 1
1 NRR/DET/ESGB NRR/DST/SELB 7E NRR/DST/SRXB 8E OC EG FILE 01 1
1 1
1 EXTERNAL:
NRC PDR NSIC NOTE TO ALL"RIDS" RECIPIENTS:
PLEASE HELP US TO REDUCE WASTE! CONTACT THE DOCUMENT CONTROL DESK.
ROOM Pl-37 (EXT. 504-2065) TO ELIMINATEYOUR NAME FROM DISTRIBUTION LISTS FOR DOCUMEiNTS YOU DON'T NEED!
TOTAL NUMBER QF COPIES REQUIRED:
LTTR 24 ENCL
IC it
Thomas E. Murley, Director Office of Nuclear Reactor Regulation U.S, Nuclear Regulatory Commission Washington, D.C.
20555 9208260325 9208i2 PDR ADOCK 05000528
)
P PDR t 2 AUG 1992 Re:
Licensee:
Arizona Public Service Company Palo Verde Nuclear Generating Station License Nos.:
NPF-41, 51, 74 Docket Nos.:
50-528,
- 529, 530
Dear Dr. Murley:
Pursuant to Title 10 of the Code of Federal Regulations, Section 2.206, Petitioner, Thomas J, Saporito, Jr.,
requests specific actions by the Nuclear Regulatory Commission (NRC),
within a reasonable time, directed to the Licensee, Arizona Public Service
- Company, regarding operations at the Palo Verde Nuclear Generating Station (PVNGS).
S ecific Re uest:
1.
Petitioner requests that the NRC initiate actions to cause the issuance of a Notice of Violation directed to the licensee for a violation of NRC requirements described in Paragraph 2E of the Facility Operating License No.
NPF-51 for the Arizona Public Service
- Company, Palo Verde Nuclear Generating Station (PVNGS), Unit 2.
2.
With respect to Item No.
1 above, Petitioner requests that the NRC initiate actions to cause the issuance of an escalated civil penalty regarding the violation.
3.
Petitioner requests that the NRC initiate actions to cause the issuance of a Notice of Violation directed to the licensee for a violation of NRC requirements, described in 10 C.F.R. Part 50, Appendix B, Criterion V, Instructions, Procedures, and Drawings.
4.
With respect to Item No.
3 above, Petitioner requests that the NRC initiate actions to cause the issuance of an escalated civil penalty regarding the violation.
Basis and Justification:
1.
(a)
Paragraph 2E of Facility Operating License No.
NPF-51 for the Arizona Public Service Company (APS),
Palo Verde Nuclear Generating
- Station, Unit 2, states, in part, that:
"APS shall fully implement and maintain in effect all provisions of the Commission approved physical security...plan, including amendments made gad/
II
'ursuant to...the authority of 10 C.F.R. 50.90 and 10 C.F.R. 50.54(p)."
(b)
The licensee's approved "Palo Verde Nuclear Generating Station Security Plan," dated October
- 1979, as
- amended, at Section 1.6,1,2 (entitled "Vital Areas/Island"
) states, in part, that temporary access may be authorized to specific vital areas provided that:
"...3) The visitor is excorted and monitored by an individual possessing unescorted access status..."
(c) requires that:
Section 1.6.1.3 (entitled "Escorts" ) further "1) All escortees remain in view of the
- Escorts, and
- 2) The Escort can provide positive control over the escortees."
Contrary to the above, during the period of October-December, 1991, Petitioner directly observed the failure of licensee escorts to maintain positive control over their assigned escortees (visitors).
See Department of Labor (DOL)>
case files (92-ERA-30),
Sa orito v. Arizona Public Service Com an and The Atlantic Grou See also, APS deposition of Saporito taken on July 23 Ec 24,
- 1992, concerning Case No.
92-ERA-30 and operations at the Palo Verde Nuclear Generating.
- Station, Unit 2.
2.
This is a repetitive Violation of NRC requirements at the Palo Verde Nuclear Generating Station, Unit 2.
See NRC Notice of Violation 50-529 91-35-05.
3.
(a) 10 C.F.R. Part 50, Appendix B, Criterion V, "Instructions, Procedures, and Drawings," states, in part, that:
"...Instructions, procedures or drawings shall include appropriate quantitative or qualitative acceptance criteria for determining that important activities have been satisfactory accomplished."
"Activities affecting quality shall be prescribed by documented instructions, procedures or drawings of a type appropriate to the circumstances, and shall be accomplished in accordance with these instructions, procedures, or drawings..."
(b)
Palo Verde Nuclear Administrative and Technical Manual Procedure 94AC-OLC02, Review of Condition Adverse to Quality for 10 C.F,R, 21, requires, in part, that.
a finding be
S
~
~
~ ~
I4'A eg II Ni'"
l"
evaluated and a Reportability Evaluation Report be initiated if
~ the finding is determined to be a deviation.
Furthermore, Paragraph 4.2 of 94AC-OLC02, defines a "deviation", in part, as "A
departure from the technical requirements included in a procurement document (an Engineering or design document).
(c)
The licensee's Technical Specifications at Section 6.8, address Procedures and Progams for operations at the Palo Verde Nuclear Generating Station.
Specifically, Technical Specification 6.8.1 states, in part, that:
"Written procedures shall be established, implemented, and maintained covering the activities referenced below:
a.
The applicable procedures recommended in Appendix A of Regulatory Guide 1.33, Revision 2,
February
- 1978, and those required for implementing the requirements of NUREG-0737.
b.
Refueling operations.
c.
Surveillance and test activities of safety-related equipment.
d.
Security Plan implementation.
e.
Emergency Plan implementation.
f.
Fire Protection Program implementation.
g.
Modification of Core Protection Calculator (CPC) Addressable Constants.
h.
PROCESS CONTROL PROGRAM implementation.
i.
OFFSITE DOSE CALCULATION MANUAL implementation.
Quality Assurance Program for effluent and environmental monitoring using the guidance in Regulatory Guide 1.21, Revision 1, June 1974 and Regulatory Guide 4.1, Revision 1, April 1975.
k.
Pre-planned Alternate Sampling Program implementation.
l.
Secondary water chemistry program
implementation.
m.
Post-Accident Sampling System implementation.
n.
Settlement Monitoring Program implementation.
o.
CEA Reactivity Integrity Program implementation.
p.
Fuel Assembly Surveillance Program Implementation."
Specifically, Technical Specification 6.8.2 states, in part, that:
"Each program or procedure of Specification 6.8.1, and changes
- thereto, shall be reviewed as specified in Specification 6.5 and approved prior to implementation.
- Programs, administrative control procedures and implementing procedures shall be approved by the Vice President-Nuclear Production, or designated alternate who is at supervisory level or above.
Programs and procedures of Specification 6.8.1 shall be reviewed periodically as set for the in administrative procedures."
Specifically, Technical Specification 6.8.3 states, in part, that:
"Temporary changes to procedures of Specification 6.8.1 above may be made provided:
a.
The intent of the original procedure is not altered.
b.
The change is approved by two members of the plant supervisory staff, at least one of whom is a Shift Supervisor or Assistant Shift Supervisor with an SRO on the Affected unit.
c.
The change is documented, reviewed in accordance with Specification 6.5.2 and approved by the cognizant department
- head, as designated by the Vice President-Nuclear Production, within 14 days of implementation."
Contrary to the above, during the period of October-December, 1991, Petitioner directly observed (a) the failure of maintenance personnel to follow procedures; (b) the failure of 'the licensee to ensure that safety-related and/or
I ~-
l
e v a
quality related procedures were followed; and (c) that safety-related procedures were willfullyfalsified by maintenance personnel.
See Department of Labor (DOL), case files (92-ERA-30),
Sa orito v. Arizona Public Service Com an and The Atlantic
~Grou See also, APS deposition of Saporito taken on July 23 A
24,
- 1992, concerning Case No.
92-ERA-30 and operations at the Palo Verde Nuclear Generating Station, Unit 2.
==
Conclusion:==
Federal Regulations bounded within Title 10 of the Code of Federal Regulations require that the NRC initiate enforcement action as appropriate to insure that NRC licensee's provide reasonable assurance for the safe operation of nuclear facilities in the United States of America in the interests for the Health and Safety of the General Public.
The cooperation of the NRC in investigating the substance of this petition is both anticipated and appreciated.
Should you or your staff require further information or discussion regarding the context of this petition, please feel free to contact me at the address and telephone number shown below.
Very truely yours, 0
Thomas rito Jr.
Petitioner ro se 7881 Piper Lane Lake Worth, FL 33463 1-407-964-2518 CC:
James
- Taylor, EDO U.S. Nuclear Regulatory Commission Washington, D.C.
20555 The Washington Post 1150 15th St.f N.W.
Washington, D.C.
20071 Regional Administrator, Region V
U.S. Nuclear Regulatory Commission 1450 Maria Lane Walnut Creek, California 94596-5368 Roy P.
Zimmerman, Director Division of Reactor Safety and Projects U.S. Nuclear Regulatory Commission 1450 Maria Lane Walnut Creek, California 94596-5368 Xnstitute of Nuclear Power Operations Records Center 1100 Circle 75 Parkway Atlanta, Georgia 30339-3064 Billie P.
- Garde, Esq.
HARDY, MILUTXN R JOHNS 500 Two Houston Center 909 Fannin at McKinney
- Houston, Texas 77010 Oscar DeMiranda, SAC-RXX U.S. Nuclear Reg.
Comm.
101 Marietta St.,
NW 42900
- Atlanta, GA 30323 Honorable Bob Graham United States Senator Senate Office Building Washington, D.C.
20510
0 V
b C
0 t
I