ML17309A844

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Forwards Tj Saporito 960612 Petition on Behalf of Himself & Natl Litigation Consultants (Petitioners),Draft Ltr to Petitioners & Draft Frn.Petition Requests NRC to Issue Confirmatory Order Requiring Util Not to Operate Plant
ML17309A844
Person / Time
Site: Saint Lucie NextEra Energy icon.png
Issue date: 06/20/1996
From: Goldberg J
NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To: Russell W
NRC (Affiliation Not Assigned)
References
2.206, NUDOCS 9607100206
Download: ML17309A844 (13)


Text

CATEGORY 2 REGULAT ZNFORMATION DISTRIBUTION ZSTEM (RIDS)

ACCESSION NBR:9607100206 DOC.DATE: 96/06/20 NOTARIZED: NO FACZL:50-335 St. Lucie Plant, Unit 1, Florida Power

& Light Co.

AUTH.NAME AUTHOR AFFILIATZON GOLDBERGIJ.R.

Deputy Assistant General Counsel for Enforcement RECIP.NAME RECIPIENT AFFILIATION RUSSELLiW.T.

SUBJECT:

Forwards TJ Saporito 960612 petition on behalf of himself s

Natl Litigation Consultants (Petitioners), draft ltr to Petitioners 6 draft FRN.Petition requests NRC to issue confirmatory order requiring util not to operate plant.

DISTRIBUTION CODE:

DF01D COPIES RECEIVED:LTR ENCL SIZE:

TITLE: Direct Flow Distribution:

50 Docket (PDR Avail)

NOTES:

DOCKET 05000335 E

RECIPIENT

. ID CODE/NAME INTERNAL: FILE CENTER 01 EXTERNAL: NOAC COPIES LTTR ENCL 1

1 1

1 RECIPIENT ID CODE/NAME NUDOCS-ABSTRACT NRC PDR COPIES LTTR ENCL 1

1 1

1 R

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N NOTE TO ALL nRIDSii RECIPIENTS PLEASE HELP US TO REDUCE WASTETH CONTACT THE DOCUMENT CONTROL DESK, ROOM OWFN 5D-5(EXT. 415-2083)

TO ELIMINATE YOUR NAME FROM DISTRIBUTION LISTS FOR DOCUMENTS YOU DON'T NEED!

TOTAL NUMBER OF COPIES REQUIRED:

LTTR 4

ENCL 4

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OFFICE OF THE GENERAL COUNSEL MEMORANDUM TO:

FROM:

t UNITED STATES t

NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 June 20, 1996 William T. Russell, Director ffice of Nuclear Reactor Regulation ack R. Goldberg Deputy Assistant General Counsel for Enforcement

SUBJECT:

SECTION 2.206 PETITION OF THOMAS J.

SAPORITO, JR.

AND THE NATIONAL LITIGATION CONSULTANTS REGARDING THE ST.

LUCIE NUCLEAR STATION Attached is a copy of a letter dated June 12, 1996 (Petition),

by Thomas J.

Saporito, Jr.,

on behalf of himself and the National Litigation Consultants (Petitioners).

The Petition requests the Commission (1) to issue a confirmatory order requiring that the Florida Power and Light Company (Licensee) not operate the St. Lucie Nuclear Station, Unit 1 above 50% of its power level capacity, (2) to require the Licensee to specifically identify the "root cause" for the premature failure of the steam generator

tubing, and (3) to require the Licensee to specifically state what corrective measures will be implemented to prevent recurrence of steam generator tube failures in all the steam generators in Unit 1 and Unit 2.

The Petition seeks relief based on assertions that (1) the Licensee's Unit 1 steam generator tubes have degraded to the extent that over 2,500 of the tubes have been

plugged, (2) the Licensee has not identified the root cause for the premature failure of the steam generator
tubing, (3) the Licensee will most likely experience similar tube ruptures on other steam generators at the station, and (4) the Licensee's "FSAR's and the NRC's CFR'S require that the integrity of the primary systems on Unit-1 and Unit-2 not be breached."

I have attached drafts of a letter of acknowledgement to the Petitioners and a

Notice of Receipt of the Petition for publication in the Federal Register.

If you want the Licensee to respond to this matter, we will assist your staff in soliciting such additional information from the Licensee pursuant to 10 C.F.R. 50.54 and 10 C.F.R. 2.204.

Contact:

Jay HcGurren 415-1695 Attachments:

1.

Copy of Petition 2.

Draft of Letter to Petitioners 3.

Draft Federal Register Notice cc w/atts:

M. Halsch, OGC S. Burns, OGC L. Chandler, OGC S. Ebneter, RII C.

Evans, RII 9607i00206 960620 PDR ADQCK 05000335 Q

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Thomas J. Saporito, Jr.

National Litigation Consultants 6230 W. Indiantown Rd. ¹7-355

Jupiter, FL 33458

Dear Nr. Saporito:

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On June 12, 1996, you filed a letter with the Nuclear Regulatory Commission (Commission) for yourself and on behalf of the National Litigation Consultants (Petitioners) requesting action by the Commission under 10 C.F.R. 2.206.

This letter acknowledges the Commission staff's receipt of your petition.

You request the Commission (1) to issue a confirmatory order requiring that Florida Power and Light Company (Licensee) not operate St. Lucie Nuclear

Station, Unit 1 above 50K of its power level capacity, (2) to require the Licensee to specifically identify the "root cause" for the premature failure of the steam generator tubing, and (3) to require the Licensee to specifically state what corrective measures will be implemented to prevent recurrence of steam generator tube failures in all the steam generators in Unit 1 and Unit 2.

You seek relief based on assertions that (1) the Licensee's Unit 1 steam generator tubes have degraded to the extent that over 2,500 of the tubes have been

plugged, (2) the Licensee has not identified the root cause for the premature failure of the steam generator
tubing, (3) the Licensee will most likely experience similar tube ruptures on other steam generators at the
station, and (4) the Licensee's "FSAR's and the NRC's CFR's require that the integrity of the primary systems on Unit-1 and Unit-2 not be breached."

The staff will review your petition in accordance with 10 C.F.R. 2.206.

A final decision with regard to your petition will be issued within a reasonable time.

Enclosed is a copy of the notice that is being filed for publication with the Office of the Federal Register.

Sincerely, William T. Russell, Director Office of Nuclear Reactor Regulation

Enclosure:

As stated cc:

Florida Power and Light Company N

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PUBLIC (w/incoming letter)

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Lucie Reading (w/incoming)

J. Taylor J. Milhoan H. Thompson J.

Blaha J.

Lieberman W. Russell/F.

Miraglia A. Thadani B. Grimes R.

Zimmerman S.

Varga J. Zwolinski F.

Hebdon L. Wiens B. Clayton P. Milano J.

Kennedy OGC OPA OCA NRR Mail Room (EDOAGT96445 w/incoming) (012/G/18)

C. Norsworthy J.

Goldberg S.

Ebneter, RII Distribution-2.206-Petition

- Ltr to Thomas J.

Sa orito Jr Docket File 50-

Thomas J. Saporito, Jr e

National Litigation Consultants 6230 W. Indi antown Rd. ¹7-355

Jupiter, FL 33458

Dear Mr. Saporito:

On June 12, 1996, you filed a letter with the Nuclear Regulatory Commission (Commission) for yourself and on behalf of the National Litigation Consultants (Petitioners) requesting action by 'the Commission under 10 CFR 2.206.

This letter acknowledges the Commission staff's receipt of your petition.

You ask the Commission to (1) issue a confirmatory order requiring that Florida Power and Light Company (licensee) not operate,St.

Lucie Plant, Unit No.

1, above 50 percent of its power level capacity, (2) require the licensee to specifically identify the "root cause" for, the premature failure of the steam generator tubing, and (3) require the, licensee to specifically state the corrective measures it will implement to prevent recurrence of steam generator tube failures in all the steam generators,,in Unit 1 and Unit 2.

You seek relief based,',on assertions that (1) the ~licensee's Unit 1 steam generator tubes have degraded to the extent that'more than 2,500 of the tubes have been plugged, (2) 'the licensee has not.identified the root cause for the premature failure of',the steam generator.tubing, (3) the licensee will most likely experience similar tube ruptures ou"other steam generators at tahe

station, and (4) the licensee's nFSAR's [Final Safety Analysis Report's]

and the NRC's CFR's (Code of Federal Regulations]'require that the integrity of the primary systems on Unit 1 and Unit 2 not be breached."

rhe staff will review your petition'in accordance 'with 10 CFR 2.206.

A final decision with regard to your petition will be issued "within a reasonable time.

Enclosed is a copy of the notice that is,being filed for publication with the Office of the Federal Register.

Sincerely,

Enclosure:

Federal Register Notice William T. Russell, Director Office of Nuclear Reactor Regulation cc w/enclosure:

See next page DOCUMENT NAME:

G: )STLUCIE'IkSTLUCI,220e~avioue concurranca To receive s copy of this document, Indicate In the boxt C

se Copy without attachment/enclosure E" a Copy with attachment/enclosure N

~ No copy OFFICE DATE OFFICE HAME DATE PD II-3/LA BClayton 07/ / /96 DRPE:DD Jzwolinski 07/

/96 PD I I -4/PM LMiens 07/

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UNITED STATES NUCLEAR REGULATORY COMMISSION FLORIDA POWER AND LIGHT COMPANY ST.

LUCIE NUCLEAR STATION DOCKET No.

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- RECEIPT OF, PETITION FOR DIRECTOR'S DECISION UNDER 10 C.F.R. 5 2.206 l~

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, Notice"'is he'reby given ',that'.by letter dated June 12,

1996, Thomas J.

lg Sapo'ritoJr'.;.for himself a'nd. o'n behalf of the National Litigation t

,".;',Consultants,(Petitioneys)'equested that the Nuclear Regulatory Commission

,'! (Commission) "take.'action with r'egard to operations at the Florida Power and Light Company'.,s (Licensee)

St.

Lucie Nuclear Station pursuant to 10 C.F.R.

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'The Petitioners request the Commission (1) to issue a confirmatory i

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or'der requiring that Florida Power and Light Company (Licensee) not operate St.

Lucie Nuclear Station, Unit 1 above 50X of its power level capacity, (2)

I.,

to require the Licensee to specifically identify the "root cause" for the premature failure of the steam generator

tubing, and (3) to require the Licensee to specifically state what corrective measures will be implemented to prevent recurrence of steam generator tube failures in all the steam generators in Unit 1 and Unit 2.

As basis for the requests, it is asserted that (1) the Licensee's Unit 1 steam generator tubes have degraded to the extent that over 2,500 of the tubes have been plugged (2) the Licensee has not identified the root cause for the premature failure of the steam generator

tubing, (3) the Licensee will most likely experience similar tube ruptures on other steam generators at the
station, and (4) the Licensee's "FSAR's and the NRC's CFR's require that the integrity of the primary systems on Unit-1 and Unit-2 not be breached."

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The Petition is being treated pursuant to 10 C.F.R. 5 2.206 of the Commission's regulations.

The Petition has been referred to the Director of Nuclear Reactor Regulation.

As provided by Section 2.206, appropriate action will be taken on this request within a reasonable time.

A Copy of the Petition is available for inspection at the Commission's Public Document

Room, 2120 L Street, N. W., Washington D.C. 20555.

FOR THE NUCLEAR REGULATORY COMMISSION William T. Russell, Director Office of Nuclear Reactor Regulation Dated at Rockville, Maryland this day of 1996.

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