ML20034H207
| ML20034H207 | |
| Person / Time | |
|---|---|
| Site: | Big Rock Point File:Consumers Energy icon.png |
| Issue date: | 01/02/1981 |
| From: | Malsch M NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | |
| Shared Package | |
| ML18058B973 | List: |
| References | |
| FOIA-92-436 SECY-81-001, SECY-81-001-01, SECY-81-1, SECY-81-1-1, NUDOCS 9303160170 | |
| Download: ML20034H207 (11) | |
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January 2, 1981
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SECY-81-1 t
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ADJUDICATORY ISSUE l
(Notation Vote)
For:
The Commissioners From:
Martin G. !!alsch Deputy General Counsel
Subject:
DIRECTOR'S DENIAL OF 2.206 PETITION
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(IN THE MATTER,OF CONSUMERS POWER COMPANY OF MICHIGAN)
Facility:
Big Rock Point Nuclear Power Plant
Purpose:
To inform the Commission of a Director's. Denial j
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under 10 CFR 2.206 which; % our opinion,
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l Review Time jl Expires:
January 16, 1981 (as. extended)
Discussion:
By letter dated April"1, Y950, petitioners, Concerned C_iti:: ens for the Charlevoix Area, j
by Christa-Maria, requested theelmmediate
'shutdoim of Big Rcck Point Nuclear Power Plant because it does not meet minimal NRC requirements relating to containment integrity.
i Notice that the petition was being treated as a request for action under 10 CFR 2.206 was i
published in-the Federal Register on July 7, 1
1980 (45 Fed. Rec. 45748).
By letter dated niormabon in this reto:d w2s delded December 18, 1980, Mr. Denton issued a Director's in acccidance ith the freedom of information Decision denying petitioner's request.
1 Act, U. cmp r.s Christa-Maria' asserts that the unshielded f
F01A-steel containment at the Big Rock Point Plant.
is insufficient ~ to contain radiation in violation of NRC requirements arising out of TMI Lessons Learned (NUREG-0578).
Staff evaluation disclosed that:
i CONTACT:
i Richard Parrish, OGC
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The compliance schedule for the-cited requirement, Section 2.2.3 (misprinted 1.
has been postponed in petition as 2.213),
by the NRC pending completion of related rulemaking processt The licensee has made satisfactory 2.
shielding-progress in providing additional protection to areas vital to accident recovery operations or containing safety equipnent:
I A general delay in - the implementation.
3.of additional shielding requirements until January 1, 1982, was approved by in NUREG-the Commissioners as indicated l
" Clarification of IMI Action Plan f
- 0737, Requirements."
staf f concluded that For these reasons, (f K, I, immediate shutdown of Big Rock Point was,not warranted.
Recommendation; hi l)
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&dk Rartin G. Malsch Deputy General Counsel DISTRIBUTION Attachments:
Commissioners
- 1. Director's Denial Commission Staff Offices dated December 18, 1980.
Secretariat
- 2. Petitioner's Request dated April 1, 1980.
Commissioners' comments should be provided directly to the Of fice-I 1991.
of the Secretary by c.o.b. Friday, January 16, 1
Commission Staff Office comments, if any, should be submitted to the Commissioners NLT January 9, 1980, with an information copy to l
If the paper is of such a nature the Office of the Secretary.
that it requires additional time for analytical review and comment, the Commissioners and the Secretariat should be apprised of when comments may be expected.
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' ~ bocket No. 50-155 y
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Christa-Maria l
Concened Citizens for the Charlevoix Area Route #2, Box 10BC Charlevoix, Michigan 49720
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Dear Christa-Maria:
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j This letter is in response to your petition en behalf of Concerned Citizens '
for the Charlevoix Area dated April 1,1980, requesting that the Big Rock Point Plant be shut cown because it does. not reet minical HRC require:nents relating to contain ent integrity.
Your request has been consicered tmder the provisions of 10 CFR 2.205 of tne Comission's regulations. This office has determined that for reasons j
set forth in the enclosed " Director's Decision Under 10 CFR 2.206', not to issue an order to shut down the Big Rock Point Plant.
A copy of_ the Decisio' is being filed with the secretary for tne Cornission's d
n review in accorcance with 10 CFR Section 2.206(c). As provided in *.0 CFR l
2.206(c), the Decision will constitute the final-action of the Comission-1
~ " ~7 twenty (20) days af ter thelate of'issuarice'of the Decision utile ~ss' the Comission, on its o.in rotion, institutes a review of the decision within~
that titse.
A copy of the Hotice -of Issuance.of the Director's Decision, which is being l
filed with the Office of the Federal Register for publication, is also enclosed.
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- Sincerely.
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Harold R. Denton, Director Dffice of Nuclear Reactor Regulation
Enclosures:
1.
Director's Decision
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Notice' ll a
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UNITED STATES OF AMERICA t
I NUCLEAR, REGULATORY COMMISSION
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OFFICE OF NUCLEAR REACTOR REGULATIOt
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f HAROLD R. DENTON, DIRECTOR j
In the Matter of
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Docket No. 50-155 I
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Consumers Power Company
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(Big Rock Point Plant)
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l JSSUANCE OF DIRECTOR'S DECISION UNDER 10 CFR 2.206 On July 7,1980, notice was published in the Federal Recister (45 FR 45748) that Christa-Maria on behalf of Concerned Citizens for the Charlevoix Area, had requested that the Big Rock Point Plant be shutd:wn i= mediately. This plant is located in Charlevoix County, Michigan. The Director has treated this request as a request for action under 10 CFR 2.205. Upon a review of the information provided by Christa-Maria, the Director has determined that Christa-Maria's request does not provide 'an adequate basis to shutdown the Big Rock, Point Plant. Accordingly, Christa-Maria's request has been denied.
i Copies of the Director's Decision are available for inspection t
in the Commission's Public Document Room,1717 H Street, N.W., Washington, D. C.
20555 and at the Charlevoix Public Library,107 Clinton Street, Charlevoix, Michigan 49720. A copy of the Decision will also be 1
filed with the Secretary for review by the Commission in accordance with 10 CFR 2.205(c) of the Commistion's regulations.
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- In accordance with 10 CFR 2.206(c) of the Commission's regulations l
the Decision will constitute the final action of the Cormission twenty (20) days after the date of issuance unless the Cont.ission, on its cwn motion, institutes a review of this decision within that tire.
i Harold R. Denton, Director Office of Nuclear Reactor Regulation i
Cated at Sethesda, P.aryland 7
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.c UNITED STATES OF AMERICA l
NUCLEAR REGULATORY COMMISSION -
i 0FFICE OF NUCLEAR REACTOR REGULATION Harold R. Denton, Director
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In the Matter of i
Docket No. 50-155 CONSUMERS POWER COMPANY
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(BigRockPointPlant)
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(10 C.F.R. 2.206) a DIRECTOR'S DECISION UNDER 10 C.F.R. 2.206 t
By petition dated April 1,1980. Christa-Maria, on behalf of Concerned Citizens for the Charlevoix Ar'ea, requested that the Big Rock Point Plant be '
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shutdoe immediately because it does not meet minimal Nuclear Regulatory.
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Comission (NRC) requirements relating to containment integrity. This petition i
1 has been cor.sidered under the provisions of 10 C.F.R. 2.206 of the-_ Commission's _
Notice of receipt of the petition was published in the Feeeral regulations.
Recister July 7, 1980 (45 FR 457'.8).
The basis'of Christa-Maria's petition is,the. contention that the steel -
l containment at the Big Rock Point Plant is insufficient to contain rad.iation in j
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the event of an accident. Petitioner asserts that continued operation of the -
Big Rock Point Plant with an unshielded steel containment is in direct violation of NRC requirements. Upon consideration of the' infomation set forth in Christa-Maria's petition, it has been determined that Christa-Maria has not-
'i presented any new infomation or reasons which consistute a basis for shutting J
dem the Big Rock Point Plant.
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DISCUSSION j
Christa-Maria asserts that the unshielded steel containment at the Big
- j Rock Point Plant-is insufficient to contain radiation.and that-this is in dire l
violation of " requirement 2.213" of NUREG 0578, "TMI-2 Lessons Learned Task 5
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Force Status Report and Short-Term Recommendations," which states that nuclear l
power plants must shut down inrediately in the event of a complete loss of
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safety function.
It is assumed that the reference to " requirement 2.213" of NUREG 0578 in f
Christa-Maria's petition is a typographical error and that the reference was intended to be to Section 2.2.3.
In that section, the NRC Lessons Learned Task Force had originally proposed that the Technical Specifications for each reactor should provide that the 'reactoY te placed i,n a hot shutdown condition within 8 l
hours and a cold shutdown condition within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> from the time that the is found to be or has been in operation with a complete icss of safety function.
than However, based on furthe review, the NRC staff determined that rather imple ent the original proposal at this time a broad new rulemaking should be undertaken which would require plant shutdown for various human and procedural Accordingly, the NRC's September 13, 1979 letter to all licensees I
errors.
indicated that no further action on 5;ction 2.2.3 would b.e required,gy the Consequently, the licensees pending the actions of the rulemaking process.
" requirement" which Christa-Maria asserts the Big Rock facility is violating is
.i not currently a requirement for NRC licensees.
The issue of adequate shielding from post-accident radiation fields is still l
t under active review. One of the lessons learned from the TMI-2 accident is that i
radiation fields resulting from contained radiation sources after an accident may rake it difficult to effectively perform accident recovery operations or may impair safety equipment. As a result, by letter of October 30,1979, we asked nuclear i
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power plant licensees to perform a design review of plant shielding by January 1, 1980 and to implerent needed changes by January 1,1981. The NRC design criteria f
a very severe accident with a very large radiation source tena and assume assume l
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f that stringent limits on radiation exposure to personnel would be met.
Constners Power Comparty submitted the design review by letter of Dece:nber 27, 1979 and identified areas of tht: plant which would need additional shielding protection if NRC design criteria were to be met.
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By letters dated February 22 April 2, May 6, August 25, and September 2, 1930, Consumers Power Company had requested a delay in implementation of additional shielding protection requirements until the completion of an ongoing risk assessment of the plant, estimated to be April 1981. The requested delay was effectively moeted by the publication of NUREG-0737, " Clarification of Td Action Plan Requirements" which modifies the implementation date for necessary changes to January 1,1982, As required by the staff, the licensee has completed a review of vital areas in which personnel occupancy may be limited by radiation during post-accident operations.. Our safety. evaluation of the imple mentation of " Cates:ry A" Lessons Learned requirements was issued on
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F.ny 2,1980 and stated that the control room, the interim Technical Support Center and the Operational Support Center are sufficiently shielded that they would remain accessible for continuous occupancy.
The vital ares.s in which personnel occupancy may be limited are the backup emergency diesel, backup cooling water supply hose to_.the core The
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spray heat exchanger and the emergency diesel general fuel supply.
licensee initiated work to implement changes for these three items, and two of them, the re' location of the backup emergency diesel and the modification to the emergency diesel general fuel supply, should be
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completed shortly. k'ith respect to the third item, the licensee began
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l implementation of the modifications but has recently informed us that 1
preliminary results from the probabilistic risk assessment being con-ducted for the Big Rock Point plant could affect the need for the modification to the backup cooling water supply hose to core spray heat exhanger. Accordingly, they indicated that work on this third item has been stopped. Because of the delay in the implementation of additional shielding requirements until January 1,1982, as discussed above, the licensee had additional time to further assess this podification.
Because of the conservatism of the design requirements against which the shielding acceptability must be evaluated, it is cur judgment that a deferral of implementation until 19E2 will not result in expcsure of plant persennel to significant risk from a less-of-coolant accident or a greater risk to the public than previously evaluated, if such an accident should occur.
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...... CONCLUSION,
Based on the foregoing discussion and the provisions of 10 C.F.R. 2.206, I have detemined that there is no adequate basis for shutting down the Big Rock Point Plant. The request by the Concerned Citizens of Charlevoix Area is, therefore, denied.
1 A copy of this Decision will be placed in the Comission's Public Document Room at 1717 H 5treet,_ N. W., Washington, D.C.
20555 and the Local Public Document Room for the Big Rock Point Plant, _ located y
1 at the Charlevoix Public Library,107 Clinton Street, Charlevoix,
5-A copy of this Decision will also be filed with Michigan 49720.
l the Secretary of the Comission for review by the Comission in l
iciordance with 10 CFR 2.205(c) of the Comission's regulations.
a In accordance with 10 CFR 2'.205(c) of the Comission's regulations, this Decision will constitute the final action of the Comission twenty (20) days after the date of ' issuance, unless the Comission, on its o,cn motion, institutes a review of this Decision within that time.
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naroic E. Dencon, Director Office cf tiuclear Reactor Regulation Dated at Bethesda, Maryland this pg s~.
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THE-BIG' ROCK NUCLE AR. POWER PL ANT; THE UNSHIELDED STEEL CONTAINMENT'ATIS IN L NTS MUST NUREG 0575 REOUIRE*.ENT 2.213 ST ATIN l
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TMI CRITERIA).
FUNCTION (A REQUIREVENT OF SEE REFERENCE IN CONSUMERIS-PONER-
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1979, MARCH is,~1980. THE-LIVES ARE IN IMMEDIATE DANGER.
i LETTER 10 HEC Oti:5ER 30, 197S.DECEMEER.2T,ALL NUCLE AR F ACILITIES 70 1974 ORDERS NEC DRDER rROM SEPTEMEER 13, SIG ROCK 00E5 NOT MEET MINIMAL NRC UST'EE COMPLY FITM iMI. REGULATIONS.
GEOUIRE*ENTS-RELATING TO CONTAINMENT INTEGRITY, THE PLANT MR IMMEDIATELY UNTIL SUCM TIME NRC MINIMUM THE PEOPLE IN CHARLEY 0!r SHOULD NOT BE SUBJEC Shut CO*N AREA CHRIST 1-MARIA -
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dEDIATELY.
INJU5i!CE. RESPOND IM Coh-CERhED Cli!2 ENS FOR THE CHARLIVCIX 00:16 EST
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