ML19207C230
| ML19207C230 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 08/07/1979 |
| From: | Bickwit L NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Gilinsky V, Hendrie J, Kennedy R NRC COMMISSION (OCM) |
| References | |
| NUDOCS 7909100511 | |
| Download: ML19207C230 (21) | |
Text
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(th." "' cog UNITED STATES
[_
C, NUCLEAR REGULATORY COMMISSION
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WASHINGTON, D. C. 20555 3y'ww~L{/.E
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August 7, 1979 MEMORANDUM FOR:
Chairman Hendrie Commissioner Gilinsky Commissioner Kennedy Commissioner Bradford '
Commissioner Ahearne Lb j FROM:
Leonard Bickwit, Jt., Ge,r.al Counsel
SUBJECT:
TMI-l ORDER Attached for use at today's meeting is a clean version of-the T'!I-l order distributed yesterday, cc:
Stephen S. Ostrach 4-3224
.S.'301S3 7 90010 0 f//'
'. Docket No. 50-346 Metropolitan Edison Company, Tnree Mile Island Nuclear Station, Unit No.1 ORDER AND NOTICE OF HEARING I.
The Metropolitan Edison Company (the licensee) is holder of Facility Operating License No. DPP.-50 which authorizes the operation of the nuclear power reai: tor known as Three Mile Island Nuclear Station, Unit No.1 (the facility or TMI-1), at steady state power levels not in excess of 2535 megawatts thennal (rated power).
The facility is a Babcock and Wilcox (B&W) designed pressurized water reactor (PWR) located at the licensee's site ten miles southeast of Harrisbturg, Pennsyl-vania.
II.
On July 2,1979, the Commission ordered that the facility remain in a cold shutdown condition until further order of the Commission and stated: that a hearing wi.11 be conducted prior to any restart of the facility.
Tna Commission herein specifies the basis for its concerns and the procedures to govern f!urther proceed-ings in this matter.
For the reasons later set forth, the Commission has deter-mined that satisfactory completion of certain short-term actions and resolution of various concerns described herein are required to provide reasonable assurance that the facility can be operated without endangering the health and safety of the public.
Tne Commission has determined that certain additional long-term actions are, for the reasons given below, required to be completed as prcmptly as practicabl and that reasonable progress on the completion of such actions pric>r to restart is required, in order to provide reasonable assurance that the facility can be operated safely over the long term.
This Order and notice of hearing further establishes procedures for a hearing and decision on the particular issues identtified in Section V of this Order.
The Ccmmission has determined that hearintg and decisien 03C.I S1
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(with review thereof) on the issues specified in this order is required and that such hearing, decision and review on the issues relating to the actions required prior to restart of the facility must be completed prior to any Commission Order lifting the suspension of operation.
On the basis of that hearing the Commission will determine whether any further operation will be per.uitted and, if so, under what conditions.
Accordingly, the Atomic Safety and Licensing Board designated to conduct this pro-ceeding should give priority to consideration of those issues which are related directly to suspension of operation.
To the extent feasible, the Board should defer full review of the issues related to the longer-term actions until after the rendering of a partial initial decision regarding the suspension-related issues.
The Commission's July 2,1979 Order recited that "the Co:mlission 'aresently lacks the reouisite reasonable assurance that the... Licensee's Three Mile Island Unit No.1 Facility... can be operated without endangering the health and safety of the public." The bases for that conclusion (which recains valid) are:
In the course of its evaluation to date of the accident at the Three Mile Island Unit No. 2 facility, which utili::es a B&W designed PWR, the Nuclear Regulatory Commission staff has ascertained that B&W designed reactors appear to be unusually sensitive to certain off-nomal transient conditions originating in the secondary system.
The features of the B&W design that contribute to this sensitivity are:
(1) design of the steam generators to operate with relatively small liquid volume in the secondary side; (2) the lack of direct initiation of reactor trip upon the occurrence of off-normal conditions in the feed,later system; (3) reliance on an 3301S3
3 integrated control system (ICS) to automatically regulate feedwater flow; (4) actuation before reactor trip of a pilot-operated relief valve on the primary system pressurizer (which, if the valve sticks open, can aggravate the event);
and (5) a low steam generator elevation (relative to the reactor vessel) which provides a smaller driving head for natural circulation.
Because of these features, B&W designed reactors place more reliance on the reliability and performance characteristics of the auxiliary feedwater system, the integrated control system, and the emergency core cooling system (ECCS) performance to recover from frequent anticipated transients, such as loss of offsite power and loss of nomal feedwater, than do other PdR designs.
This, in turn, places a large burden on the plant cparators in the event of off-normal system behavior during such anticipated transients.
As a result of a preliminary review of the Tnree Mile Island Unit No. 2 accident chronology, the NRC staff initially identified several human errors that occurred during the accident and contributed significantly to its severity.
All holders of operating licenses, except Metropolitan Edison, whose plants were already shut-down, were subsequently instructed to take a number of i : mediate actions to avoid repetition of errors, in accordance with bulletins issued by the Commission's Office of Inspection and Enforcement (IE).
In addition, the NRC staff began an immediate reevaluation of the design features of B&W reactors to determine whether additional safety corrections or improvements were necessary with respect to these reactors.
This evaluation involved numerous meetings with B&W and certain of the affected licensees.
3.'!CIS6
4 Tne evaluation identified design features as discussed above which indicated that B&W designed reactors are unusually sensitive to certain off-normal transient conditions originating in the secondary system.
As a result, an additional bulletin was issued by IE which instructed holders of operating licenses for B&W designed reactors to take further actions, including imediate changes to decrease the reactor high pressure trip point and increase the pressurizer pilot-operated relief valve setting.
Also, as a result of this evaluation, the NRC staff identified certain other safety concerns that warranted additional short-tem design and procedural changes at operating facilities having B&W designed reactors.
These were identified as items (a) through (e) on page 1-7 of the Office of Nuclear Reactor Regulation Status Report to the Commission of April 25,1979.
In addition to the items identified for the other B&W reactors, the unique circum-stances at TMI require that additional safety concerns identified by the NRC staff be resolved prior to restart.
Tnese concerns result from (1) potential inter-action between Unit 1 and the damaged Unit 2, (2) the impact of the Unit 2 acci-dent en the management and technical resources of Metropolitan Edison, (3) the potential effect of operations necessary to decontaminate the Unit 2 facility on Unit 1, and (4) recognized deficiencies in emergency plans and station operating procedures.
Based on the above, the Commission's Director of Nuclear Reactor Regulation (NRR) has recommended that the following actions (the "short-term actions") be required of the licensee to resolve the concerns stated herein and pemit a finding of reasonable assurance that the facility can safety resume Operation.
[j3C 2d/
5 1.
Tne licensee shall take the following actions with respect to Tril-1:
(a)
Upgrade the timeliness and reliability of the Emergency Feedwater (EFW) system by performing the items specified in Enclosure 1 of the licensee's June 28,1979 letter.
Ch_anges in design will be submitted to the NRC staff for review.
(b)
Develop and implement operating procedures for initiating and controlling EFW independent of Integrated Control System (ICS) control.
(c)
Install a hard-wired control grade reactor trip on loss of main feedwater and/or on turbine trip.
(d)
Complete analyses for potential small breaks and develop and implement operating instructions to define operator action.
(e) Augment the retraining of all Reactor Operators and Senior Reactor Operators assigned to the control room including training in the areas of natural circulation and small break loss of coolant accidents includ-ing revised procedures and the T?tI-2 accident.
All operators will also receive training at the B&W simulator on the TNI-2 accident and the licensee will conduct a 100 percent reexamination of all operators in these areas.
NRC will administer complete examinations to all licensed personnel.
2.
The licensee shall provide for NRC review and approval of all applicable actions specified in IE Sulletins79-05A and 79-058.
3.
The licensee shall improve his emergency preparedness in accordance with the following:
82ii.Ih8
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6 (a)
Upgrade emergency plans to satisfy Regulatory Guide 1.101 with special attention to action level criteria based on plant parameters.
(b)
Establish an Emergency Operations Center for Federal, State and Local Officials and designate a location and an alternate location and pro-vide communications to plant.
(c) Upgrade offsite monitoring capability, including additional thermo-luminescent dosimeters or equivalent.
(d) Assess the relationship of State / Local plans to the licensee plans so as to assure the capability to take emergency actions.
(e)
Conduct test exercise.
4.
The licensee shall take actions required to demonstrate that planned decon-tamination and/or restoration operations at TMI-2 will not impact safe operations at TMI-1.
The licensee shall provide separation and/or isolation of TMI 1/2 radioactive liquid transfer lines, fuel handling areas, ventilation systems, and sampling lines.
Effluent monitoring instruments shall have the capability of discriminating between effluents resulting from Unit 1 or Unit 2 operations.
5.
The licensee shall demonstrate that the waste management capability, including storage and, processing, for solid, liquid, and gaseous wastes in adequate to assure safe operation of TMI-1, and that TMI-l waste handling capability is not relief on by operations at TMI-2.
6.
The licensee shall demonstrate his managerial capability and resources to operate Unit 1 while maintaining Unit 2 in a safe configuration and carrying out planned decontamination and/or restoration activities.
Issues to be addressed include the adequate of groups providing safety review and operational advice, the v..
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7 management and technical capability and training of operations staff, the adequacy of the operational Quality Assurance program and the facility procedures, and the capability of important support organizations such as Health Physics and Plant Maintenance.
7.
Tne licensee shall demonstrate his financial capability to the extent relevant to his ability to operate TMI-1 safely.
8.
The licensee shall comply with the Category A recommendations as specified in Table B-1 of NUREG-0578.
The Commission has additional concerns, which, though they need not be resolved prior to resumption of operation at Three Mile Island Unit 1, must be satisfac-torily addressed in a timely manner.
Tne Commission's Director of Nuclear Reactor Regulation (NPR) nas recommended that the folloiwng actions (the "long-term actions") be required of the licensee to resolve these concerns and pennit a finding of reasonable assurance of the safety of long-term operation.
These are:
1.
submit a failure mode and effects analysis of the ICS to the NRC staff as soon as practicable; 2.
give continued attention to transient analysis and procedures for management of small breaks by a formal program set up to assure timely action of these matters; 3.
comply with the Category B recommendations as specified in Table B-1 of NUREG-0578; and, 33CMO
8 4.
improve emergency preparedness in accoriance with the following:
(a) modify emergency plans to address changing capabilities of plant instrumentation, (b) extend the capability to take appropriate energency actions for the population around the site to a dis-tance of ten miles.
III.
Accordingly, pursuant to the Atomic Energy Act of 1954, as amended, and the Commission's rules and regulations in 10 CFR., it is hereby ordered that:
(1) the licensee shall maintain TMI-l in a cold shutdown condition until further order of the Commission following satisfactory completion of the required short-term actions and reasonable progress toward satis-factory completion of those required long-term actions referred to in section IV (such short-term anc long-term actions to be considered "rcquired" for purposes of this clause which are determined by the Commission, after review of the Licensing Board's decision, to be necessary and sufficient to provide adequate protection of the public health and safety); and (2) the licensee shall satisfactorily complete the long-term actions listed in Table B-1 of NUREG-0578 on the schedule set out in such table and such other long-term actions listed above as promptiy as practicable.
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9 IV.
The Commission has determined that, in light of }he concerns listed above, the public health, safety and interest require that tr9 portion of the order referred to in clause (1) of Section III shall be immediately effective.
The long-tem actions referred to in such clause shall be those long-tem actions listed in section II as to which the Commission, prior to the date of this order, has issued immediately effective oregrs against other licensees.
If the Commission issues immediately effective orders against other licensees imposing requirements with respect to other long-tem actions, it will, to the extent appropriate in the circumstances, issue orders, effective immediately, to require that the licensee demonstrate reasonable progress toward completion of such other actions as a condi-tion to restart.
If the Board detemines that operation can be resumed upon comple-tion of certain specific short-tem actions by the licensee, it sncil consider the extent to which the licensee has demonstrated reasonable progress toward completion of the long-tem actions described in this section.
It it finds that the licensee has demonstrated reasonable progress, it shall recommend resumption of operation upon completion of the short-term actions.
If it cannot cake such a finding, it shall recommend that operation be resumed at a date that it believes appropriately reflects the importance of the action involved, the time lost because such progress had not been made on the prescribed schedule and the overriding need to provide adequate protection for the public health and safety.
V.
An Atomic Safety and Licensing Board consisting of is hereby established to rule on petitions to intervene, to conduct the hearing ordered herein, and to render an initial decision in accordance with 10 CFR 2.760.
Tne Atomic Safety and Licensing Soard will issue a further order specifying the date and place of the hearing and 33OI1'2
10 any prehearing conferences.
To the extert practicable the Board should hold its sessions in the vicinity of the facility and it should attempt to schedule some of its sessions in the evening or on weekends to pemit the maximum possible public attendance.
It is the Commission's expectation that the Board will conduct the proceeding expeditiously, and that it will make every reasonable effort to com-ply with the tentative hearing schedule attached to this order.
Tne hearing will be conducted in accordance with the applicable provisions of subpart G of the Commission's Rules of Practice set forth in 10 CFR Part 2.
The provisions of 10 CFR 2.715a (consolidation of parties), 2.751a (special prehear-ing conference and order), 2.752 (prehearing conference and order) shall apply to this proceeding.
The Commission's primary ccmmitment is to a fair and thcrough hearing and decision.
Given this overriding imperative, the Board is instructed to explore opportuni-ties to shorten the time limits provided in the Rules pursuant to 10 CFR 2.711.
The Licensing Soard is hereby instructed to consolidate participation of parties pursuant to 10 CFR 2.715a to the maximum extent practicable consistent with the provisions of that regulation.
In its review of the Initial Decision, the Cem:is-sion will invoke 10 CFR 2.711 to shorten time limits where feasible.
It is hereby directed, pursuant to 2.760(a), that, upon issuance of tie initial decision (or partial initial decision) in this matter, the record be certified to the Commis-sion itself for final decision.
Any party may take an appeal directly with the Commission by filing exceptions to the initial decision (or partial' initial decision) in accordance with the provisions of 10 CFR 2.762.
Cor: mission review of the initial cecision will be conducted in accordance with 10 CFR 2.770.
3,~3 0_3'9
11 In the conduct of this proceeding the Licensing Board should exercise its authority to seek to ensure that it receives all information necessary to a thorough investi-gation and resolution of the questions before it.
However, it should use its authority under 10 CFR 2.757 to prevent any undue delay to the proceeding resulting from any cross-examination not required for the full and rue disclosure of the facts or from other sources mentioned in that section.
The provisions for pre-hearing discovery set forth in 10 CFR 2.740-2.742 shall apply to this proceecing.
Furthermore, in several locations, inclurting the Com-mission's Public Document Roon and the TMI Local Document Room in Harrisburg, the Commission will maintain and continuously update a compilation of all publicly available information on the Three Mile Island accident and related taatters, and it will also permit infomal access to NRC staff considerations of the issues involved in this hearing in the mar er in which such access is permi tted in reactor licensing proceedings.
It shall be an adequate response to any dis-covery request to state tnat the information or document requested is available in the public compilation and to provide sufficient infomation to locate the document or infomation.
Moreover, as provided by 10 CFR 2.740(c) and 10 CFR 2.740(d), the licensing board may and shculd, when not inconsistent with fairness to all parties, limit the extent or control the sequence of discovery to prevent undue delay or imposition of an undue burden on any party.
The subjects to be considered at the hearing shall includ :
(1)
Uhether the "short term actions" recommended by the Director oV Nuclear Reactor Regulation (set forth in Section II of this Orc'er) are necessary and sufficient to provide reasonable assurance 030i34
12 that tha Three Mile Island Unit 1 facility can be operated without endangering the health and safety of the public, and should be required before resumption of operation should be pemitted.
(2) Whether the "long-tem actions" recommended by the Director of Nuclear Reactor Regulation (set forth in Section II of this Order) are necessary and sufficient to provide reasonable assurance that the facility can be operated for the 1ong term without endangering the health and safety of the public, and should be required of the licensee as soon as practicable.
While the issue of psychological distress and physical consequences resulting solely from such distress is a matter of real and substantial concern, the Com-mission has not detemined whetner it is an appropriate matter to be raised in this proceeding.
Any party wishing to raise this subject as a contention, or as an aspect of a separate contention, should brief the Atcaic Energy Act and National Environmental Policy nu issues he believes appropriate to the Board as part.f the contention acceptance process set out in the Commission's regulations.
The Board should then certify that issue to the Commission for final decision prior to the issuance of its prehearing conference order pursuant to 10 CFR 2.752(c), either with or without its recommendation on that issue, as it deems appropriate under the circumstances.
Satisfactory completion of the required actions will be determined by the Director of Nuclear Reactor Regulation.
However, prior to issuing its decision the Board shall have authority to require staff to infom it of the detailed steps staff believes necessary to implement actions the Board may recuire and to approve or 3301.3[5
13 disapprove of the adequacy of such measures.
With respect to any uncompleted items the Board shall have authority similar to that provided in 10 CFR 50.57(b) to take such actions or to impose such limitations or conditions as it believes necessary to protect the public health and safety:
Provided, that, as provided elsewhere in this order, restart shall not be permitted until satisfactory com-pletion of all uncompleted short-term actions.
Any affirmative determination by the Director will be based upon his finding that the actions specified by the Board, or by the Commission on review, have been taken, that the specified implementing procedures employed are appropriate, that the licensee satisfies the financial qualification criteria imposed on an applicant for an operating license, and that there is reasonable assurance that the facility can safely resume opera-tion.
As~noted above, the Atomic Safety and Licensing Board should accord priority to the consideration of matters relating to the need for continued suspension of operating authority.
Within the limitations of 10 CFR 50.59 and 2.717(b) of the Commission's regulations, the licensee may commence mcdifications, such as those recommended above by the Director of Nuclear Reactor Regulation, during the pendency of this proceeding at its own risk.
VI.
If the Licensing Board should issue a decision authorizing resum; tion of operation upon completion of certain short-term actions by the licensee and a finding that in its judgment the licensee is making reasonable progress toward completion of the long-term actions specified in this order as to which the Com-mission has issued immediately effective orders against other licensees, and subsecuently if staff certifies that those short-term actions have been completed 3303.3kS
14 to its satisfaction, the Commission will decide within 25 days after such certifi-cation whether the provision of this order requiring the licensee to remain shut down shall remain inrediately effective.
Any motions relating to the lifting of imnediate effectiveness must be received by the secretary of the Commission within 10 days of issuance of the certification, and any responses to such motions must be received by the Secretary 7 days later.
The Commission shall issue an order lifting immediate effectiveness if it detemines that the cublic health, safety or interest no lenger require im ediately effectiveness.
Tne Commission's decision on that.
question shall not affect its direct appellate review of the merits of the Board's decision.
VII.
By [20 days frca publication] the licensee cay file a aritten answer to this Order and any person whose interest may be affec.'ed by this proceeding may file a written petition to intervene.
Petitions for leave to intervene must be filed in accordance with the Commission's " Rules of Practice for Domestic Licensing Proceedings" in 10 CFR Part 2.
If a petition for leave to intervene is filed by the above date, the Atomic Safety and Licensing Board established by this Order will rule on the petition and issue an appropriate further order.
An order wtiolly denying a petition for leave to intervene shall be appealable by the petitioner to the Commission itself within ten days after service of the order.
An order granting a petition for leave to intervene shall be appealable to the Commission itsel# by a party other than the petitioner on the question of whether the petition should have been wholly denied.
15 As required by 10 CFR 2.714, a petition for leave to intervene shall set forth with particularity the interest of the petitioner in the proceeding, and how that interest may be affected by the results of the proceeding.
The petition should specifically explain the reasons why intervention should be pemitted with particular reference to the following factors:
(1) the nature of the petitioner's right under the Atomic Energy Act to be made a party to the proceeding; (2) the nature and extent of the petitioner's property, financial, or other interest in the proceeding; and (3) the possible effect of any order which may be entered in the proceeding on the petitioner's interest.
The petition should identify the specific aspect (s) of the subject matter of the proceeding as to which petitioner wishes to intervene.
Not later than fifteen days prior to the first prehearing conference scheduled in the proceeding, the petitioner shall file a supplement to the petition to inter-vene ahich must include a list of contentions which are sought to be litigated in the matter, and the bases for each concern set forth with reasonable specificity.
A petition who fails to file such a supplement which satisfies these requirements with respect to at least one contention will not be permitted to participate as a party.
g L
16 an answer to this Order or petition for leave to~ intervene should be filed with the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washingtor.,
D.C. 20555, Attention:
Docketing and Service Section, or may be delivered to the Commission's Public Document Room,1717 H Street, N.W., Washington, D.C. by
, 1979.
A copy of the petition should be sent to the Execu-tive Legal Director, U.S. Nuclear Regulatory Commission, Washington, D.C. 205C5 and to Mr. George F. Trowbridge, Shaw, Pittman, Potts and Trowbridge,1800 h Street N.W., Washington, D.C. 20036, attorney for the licensee.
Any questions or requests for additional infonr.ation regarding the content of this Notice should be addressed to the Chief Hearing Counsel, Office of the Executive Legal Director, U.S.
Nuclear Regulatory Ccmmissicn, Washington, D.C. 20555.
Nontimely filings of petitions for leave to intervene, amended petitions or supplemental petitions will not be entertained absent a determination that the petitioner has made a substantial showing of good cause for the granting of a later petition.
That determination will be based on a balancing of the factors specified in 10 CFR 2.714(a)(i)-(v) and 2.714(d).
VIII.
Copies of the following documents are available for inspection at the Commission's Public Document Room at 1717 H Street, N.W., Washington, D.C.
and are being placed in the Commission's local public document room at the State Library of Pennsylvania, Government Publications Section, Education Building, Co monwealth and Walnut Streets, Harrisburg, Pennsylvania 17126.
').3C !. 09
17
[ List of documents to be submitted with staff's Technical Submittal]
For the Comission SAMUEL J. CHILK Secretary of the Comission Cated at Washington, D.C.
this day of
, 1979.
3:302C0
Milestone Time Consumed Total Days Into (Days)
Proceeding Publication of Notice 0
0 (Detailed Order)
Filing of Intervention 20 20 Petitions Answers to Petitions 15 35 Time for knending Petitions 25*
60 and for Negotiations re Contentions Time between filing Amended 15 75 Petitions and Contentions and Special Prehearing Conference Publication of Special Prehearing 5*
80 Conference Order (Discovery begins)
Discovery completed 60*
140 During discovery period:
-Objections to Special Prehearing Conference Order 10 days
-Possible further refinement of contentions
-Publication of SER - approxi-mately 15 days prior to end of discovery Prehearing Conference 140 Prehearing Conference Order 5*
145 Filing of Testimony 20*
165 (Assumes objections to prehear-ing Conference Order filed simul taneously)
Begin Hearings 15 180 Complete Hearings 60*
240 Indicates estimate, not governed by rules; all other times are governed by rules, g,.,J',s,. s v.i-
'e r-
2 Milestone Time Consumed Total Days Into (Days)
Proceeding Filing of Proposed Findings 40 280 Reply to Proposed Findings 10 290 Decision by Board 45*
335 Indicates estimate, not governed by rules; all other times are governed by rules, g, -3 :' 'A E n t')
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