ML19325F284

Responds to Forwarding B Nuckols & H Irby Ltrs Re Citizens for Fair Util Regulation Concerns.Nrc Has Taken Action to Ensure That Restrictive Language in Any Settlement Agreements Has Not Prevented Disclosure of Safety Issues

ML19325F284
Person / Time
Site:	Comanche Peak
Issue date:	11/09/1989
From:	Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:	Bentsen L SENATE
Shared Package
ML19325F285	List: ML19325F284 ML19325F287 ML19325F289
References
NUDOCS 8911200076
Download: ML19325F284 (3)

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S0-WSlfW November 9, 1989 L

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4' The Honorable Lloyd Bentsen United States Senator 961 Federal Building l

Austin, Texas 78701

Dear Senator Bentsen:

I am responding to your. letter of September 22, 1989 which forwarded letters from Mr. Bill Nuckols and Ms. Harriet Irby of Arlington Texas. These letters raiseanumberofconcernsoftheCitizersforFairUtilityRegulation(CFUR) i that we addressed in our letter of October 16, 1989, a copy of which I have enclosed.

In addition, the subjects of " bogus bolts," spent fuel pool design, i

radiation oversight, and the events that led to the NRC's Augmented Inspection l

Team (AIT)lastSpringwereraised.

CFUR's petition for review of the Commission's decision to deny them late intervention on the operating license application for Comanche Peak, which was filed with the United States Court of Appeals for the Fifth Circuit i

(Dockets 89-4124and89-4310), is still pending.

Subsequently, in a petition I

filed before the Commission on October 16, 1989 CFUR requested that the Commission stay the issuance of a low-power license that they anticipated would be issued in the near future. The Consission denied the request on procedural grounds, but instructed the NRC staff to address CFUR's technical l

concerns in accordance with the agency's established procedures for handling l

allegations.

In a letter to CFUR dated October 27, 1989, the NRC staff l

requested confirmation of the nature and scope of the concerns as part of the

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first step in that process.

The problems with the design and construction of Comanche Peak have been dealt with extensively by the utility and the NRC. These issues were the principal contributors to the plant's being delayed for over five years. The utility l

been carefully reviewed and inspected by the NRC. staff. As an example TU has developed and implemented extensive corrective action programs, which have t

Electric has implemented a' comprehensive program to check for and evaluate l

potentially substantard bolts in the plant. The NRC staff is still following that program as well as the utility's plans to prevent unqualified material L

from being used in the plaat in the future. The NRC staff will ensure that i

l this matter is appropriately resolved before a license for Comanche Peak is i

. ranted.

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Ms. Irby indicates that no agency other than TV Electric wili monitor

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radiation once the plant is on-line, That is not correct.

Under routine conditions, the utility will monitor and control liquid and gaseous effluents from the plant and if effluent levels increase to pre-established setpoints, I

c automatic actions would terminate any releases.

However, if there are any radioactive releases the NRC resident inspection staff at the plant site will i

also carefully monitor the licensee's response.

Under emergency conditions, the emergency plan provides for augmented monitoring involving State and local 2

organizations. The NRC would alf.o provide independent radiation monitoring in

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the area in the event of on mergency.

8911200076 091109

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DR ADDCK 0D00 45

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r, The Honorable Lloyd Bentseh !

Mr. Nuckols is concerned about valve failures and operator errors associated with valves. During plant testing, the utility experienced problems with valve malfunctions and valves operated out of sequence. These events were the subject of an NRC Augmented Inspection Team last spring.

In our letter to you of i

Septer.ber 19,1989(copyenclosed),wediscussedtheresultsoftheinspection and provided copies of the AIT report and TV Electric's response to the issues raised in that report.

Mr. Nuckols raised a concern regarding certain provisions in settlement agreements which restrict communication of safety concerns to the NRC; Senator Breaux has requested a review of this matter by the Department of Justice.

There are two settlement agreements which pertain to Comanche Peak one for Mr. Joseph Macktal and one for Mr. Loren, o Polizzi. TheSecretaryoY Labor has ordered that the restrictive language in Mr. Polizzi's agreement be removed.

i Independent of any further actions by the Secretary of Labor, or the results of the review by the Department of Justice, the NRC has taken actions to ensure that the restrictive language in any settlement agreements has rot prevented the disclosure of potential safety issues.

Those actions included contacting individuals who were identified as having settlement agreements with such restrictive language and informing them that such restrictions are unenforceable.

In particular, the NRC staff interviewed Mr. Macktal on September 18, 1989 to dtvelop a complete list of his concerns regarding Comanche Peak, and contacted Mr. Polizzi to confirm that all of his safety l

concerns related to Comanche' Peak have been addressed. On this basis, the NRC staff'is confident that all of the potential safety issues have been identified and will be appropriately resolved.-

Mr. Nuckols'and Ms. Irby also raised concerns related to the State Public Utilities Consnission hearings and the financial viability of the plant.

These issues are not within the NRC's statutory jurisciction or authority.

We hope that this information is responsive to your request.

Sincerely Or41nal signed By:

l jemes M.TayloF l

James N. Taylor Acting Executive Director for Operaticos

Enclosures:

l 1.

Letter to Senator Bentsen dated October 16, 1989 l

2.

Letter to Senator Bentsen 1

dated September 19, 1989 g6

• For previous concurrences see attached ORC l

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DISTRIBUTION:

/3 1' Docket (50-445) i NRC PDR Local PDR i

ADSP Reading.

i CPPD Reading i

EDO Reading JMTayloF s

DCrutchfield i

TQuay l

5 CGriras JLyons 4

RWarnick i

JHW11 son malloy i

HFields Congressional Affairs l

JGilliland, RIV/PA JScinto RMartin. Region IV l

TNurley/JSniezek i

FMiraglia l

FGillespie DNossburg(EDO-4792)

JPartlow SECY.(89-1084)

M8ridgers(ED0-4792)

- JBlaha i

HThonipson i

EPeyton(89-40) i I

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i i

1 h

I 1

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1 1.

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