ML20033D370

Partially Deleted Secy Paper,Advising Commission of Directors Denial of 10CFR2.206 Petition for Enforcement Action

ML20033D370
Person / Time
Issue date:	11/06/1981
From:	Malsch M NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:
Shared Package
ML18058B973	List: ML18058B972 ML20030B346 ML20031C827 ML20032A269 ML20033D367 ML20033D368 ML20033D369 ML20033D370 ML20033D371 ML20033D372 ML20034H176 ML20034H184 ML20034H207 ML20034H244 ML20034H247 ML20034H249 ML20034H251 ML20034H258 ML20034H273 ML20034H334 ML20034H484 ML20034H538 ML20034H550 ML20034J038 ML20034J051
References
FOIA-92-436, TASK-AINV, TASK-SE 2.206, SECY-81-638, NUDOCS 8201110335
Download: ML20033D370 (4)

Text

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SECY-81-638_

4 November 6,1981_-

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ADJUDICATORY ISSUE i

(Notation Vote)'

I For:

The Cornissioners From:

Martin G. Malsch Deputy General Counsel a

Subject:

REVIEW OF DIRECTOR' S DECISION ON 2. 206 PETITION -

(COMMONWEALTH EDISON COMPANY)

Facility:

Zion Nuclear Plant, Units 1 and 2.

t d ' of a To Advise the C:mmission of the Den

Purpose:

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b Petition for Enforcement Action and to Recommend j

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L Review Time Exoires:

November 20, 1981.

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i Discussion:

On July 29,19.8T,. Catherine Quigg, on b.ehalf of-the Illinois.Sffe Dierpy'- A111an~ce"( Alliance) W.m ;.

petitioned th'e D'irector of ' the Of fice of Inspec-tion and Enforcement (I&E) to institute a proceed-ing to show cause why the ~ Zion Facility should i

not cease. operation.until it has complied =with il the NRC 15-minute public notification requirement.

(45 F.R. 55402, August 19, 1980) Alliance claims that the Zion facility merits a special urgency for the early warning system because its pressure jri.ar=2cn m S.:s necrd was :'c'e:ed vessel is particularly susceptible to cracks and-4' m accordance with the Freedom of :nictmation subsequent rupture of the containment.

Act, er.emp! ions - #

f0!A _.fJ 'B4 As noted in the Director's Denial,-the commission-I has proposed extending the-date for implementa :

i tion of the notification requirement for all.

nuclear power plants until February'1, 1982, due to industry-wide difficulties in procurement--and-installation of necessary equipment (46 F.R..

CONTACT:

Marian E. Moe, OGC 4-1493 i

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1 Tho Commissionors 2

46587, September 21, 1981).

In support of the proposed extension and his decision not to take enforcement action in this case, the Director of I&E cited the significant improvement in the level of emergency preparedness at a representative num-ber of plant sites.

ltn the Director's opinion, the Zion facility has adequate warning systems to assure adequate protection to the public health and safety.

These include existing sirens, State and local emergency vehicles, and local emergency procedures for vehicle routing by dispatcher. _

Implicit in the Director's decision is the belief that, as a matter'of enforcement discretion, vio-lations of the current 15-minute public notifica-tion requirement will not be prosecuted pending resolution of the rulemaking to extend the compliance date unless lhe case presents some.

special circumstance.

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In response to Alliance's concern with regard to Zion's susceptibility to pressure vessel. cracking, the Director determined that all operating plants, including Zion, could withstand a severe over-

-cooling event for at-least another year of fuel power operation.

Noting that-further action will-be taken to resolve the long term problems.with pressure vessel cracking, the Director decided-that Zion's pressure vessel does-not present a unique urgency related to the public notification requirement.

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The Commissioners CY._G, t

Recommendation:

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Martin G. Malsch Deputy General Counsel Attachments:

1.

Alliance Petition 2.

Director's Decision Commissioners' comments-should be provided directly to the Office of the Secretary-by c.o.b. Friday, November 20, 1981.

Commission Staff Office comments, if any, should be submitted to the Commissioners NLT November 13, 1981, with an information If the_ paper is of such a copy to the Office of the Secretary.

nature that it requires additional tir.e for analytical review the Commissioners and the Secretariat should'be and comment, al prised of when comments n.ay be expected.

t DISTRIBUTION:

Commissioners Commission Staff Offices Secretariat

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