ML19254C913

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Forwards Directors Decision,Along W/Hr Denton Cover Ltr to Toledo Coalition for Safe Energy,Re Mod of License & Hearings on Mod.Instituting of Proceeding to Amend License Is Denied.Completes Action on Technical Assistance Contract
ML19254C913
Person / Time
Site: Davis Besse Cleveland Electric icon.png
Issue date: 09/27/1979
From: Knighton G
Office of Nuclear Reactor Regulation
To: Reid R
Office of Nuclear Reactor Regulation
References
NUDOCS 7910180290
Download: ML19254C913 (5)


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l'.E!*0RAfiDUM FOR:

R. W. Reid, Chief, ORS #4, 00R G. W. Knighton, Chief, Environrental Evaluation Branch, COR FR0!1:

J. R. Miller, Acting Assistant Director for Site and THRU:

Safeguards, DOR

SUBJECT:

DAVIS-3 ESSE 1 DIRECTOR'S DECISIO:1 Enclosed is a draft of a Director's Decision and cover letter from H. R. Denton to T. Lodge of the Toledo Coalition for Safe Energy.

This completes our action on TAC l10. 11829.

D-131.51 s i p ? ' 57 Geor;;e W. Fr.icht :r.

G. W. Knighton, Chief Envirenrental Evaluation Branch Division of Operating Reactors

Enclosure:

As stated cc:

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P'2 161

Mr. Terry J. Lodge, Chairman TCSE Legal Action Committee P. O. Box 4545 Toledo, Ohio 43620

Dear Mr. Lodge:

In my letter to you dated June 27, 1979, I indicated ytar petition on behalf of the Toledo Coalition for Safe Energy pursuant to 10 CFR 2.206 had been forwarced to the Secretary of the Commission for docketing as a petition for rulemaking, and that I expected to censider the repaining requests under 52.206 of the Co.mmission's regulations.

I have considered the subject matters addressed in your petition to modify the operating license of the Davis Besse plant, and I have concluded that the institution of proceedings to modify the cperating license for Davis-Besse and to hold hearings on this matter are not called for. The reasons for this decision are enclosed.

Sincerely, H. R. Denton, Director Office of Nuclear Reactor Regulation

Enclosure:

As stated P'2 162

UNITED STATES OF AMERICA NUCLEAR REGULATORY COPfilSSION OFFICE OF NUCLEAR REACTOR REGULATION Harold R. Denton, Director In the Patter of

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TOLED0 EDISON CO.

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Docket No. 50-346

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Davis-Besse Nuclear Power Station, Unit 1)

DIRECTOR'S DECISION UNDER 10 CFR 2.206 Sy letter dated June 12,1979, T2rry J. Lodge, on behalf of the Toledo Cc31ition for Safe Energy, petitioned for a modification of th'e Davis-Besse 1 operating license based on information contained in letters to James G. Keppler, Director, Region III, and Stephen Burns, OELD, dated April 24 and May 23, respectively.

The requested action is based on assertions that:

(1) the utility maintains in-competent staff, and (2) that emergency plans and preparations at Davis-Besse are inadequate. The basis for the first assertion is a quotation of connents on Davis-Besse operator performancy by James G. Keppler quoted in a Toledo newspaper.

The second assertion is based on statements by the Ohio Public Interest Research Group (OPIRG).

I have considered the substance and bases of these assertions.

Corcerning the first assertion, I find that Mr. Keppler's remarks although critical of Davis-Sesse personnel performance and indicating a necessity for continued improvement, cannet oc construed to indicate " incompetence," or to require an immediate modi-fication of the plant's operating license.

NRC will continue to strive for a F'2 163

~ long-term improvement in plant personnel performance at Davis-Besse though its normal interactions with Toledo Edison.

Suspension of power generating opera-tions at Davis-Besse, however, would not achieve the desired long-term improve-ment in operating personnel performance.

The second assertion is based on statements by OPIRG which claim that the emer-gency evacuation plans at the Davis-Besse plant are inz.dequate. The alleged inadequacies deal with (a) failure to meet all recommended Federal guidelines; (b) discrepancies between utility, local and state emergency planning; (c) the emergency planning radius; (d) lack of completeness of emergency plans; and (e) lack of testing.and drills.

NRC has initiated a high priority action plan to review, and upgrade as appropriate, the emergency plans of all operating power reactor sites. This effort is currently in progress and does address all of the concerns listed above. We expect to review the emergency planning provisions for the Davis-Besse plant in early 1980.

In addition, on July 12, 1979, the Com-mission published an Advance Notice of Proposed Rulemaking (see attachment A) soliciting public comment on " acceptance criteria for State and local (emergency) plans....and coordination between licensee plan and State and local plans,"

in order to achieve long-term improvement of State and local emergency plans.

9 Based on these ongoing NRC actions concerning the resolution of the issues which form the basis for assertions concerning inadequacies in emergency planning at Davis-Besse, as well as on a generic basis, I conclude that there is no need to institute proceedings to modify the operating license for the Davis-Besse plant at this tine.

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. For the reasons discussed above, therefore, the petition to institute proceedings to r%dify the operating license for the Davis-Besse Nuclear Power Station Unit No. 1 is denied.

P'2 165