ML20044H518

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Ack Receipt of Petition That Seeks Relief Based on Asserted Receipt of Allegations from Plant Employee Re Complete Breakdown in QA Program Overseeing Integrity of Plant Vendor Manuals
ML20044H518
Person / Time
Site: Brunswick  Duke Energy icon.png
Issue date: 06/07/1993
From: Murley T
Office of Nuclear Reactor Regulation
To: Kohn S
DISTRICT OF COLUMBIA
References
2.206, NUDOCS 9306090140
Download: ML20044H518 (6)


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UNITED STATES

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j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20666-0001

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June 7, 1993 Docket Nos. 50-325 and 50-324 (10 CFR 9 2.206)

Stephen M. Kohn, Chairman, Board of Governors National Whistleblower Center 517 Florida Avenue, N.W.

Washington, DC 20001-1850

Dear Mr. Kohn:

On April 28, 1993, you filed a Petition on behalf of the National i

Whistleblower Center with the Nuclear Regulatory Commission (NRC or.

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Commission). This letter acknowledges receipt of the Petition by the Commission staff.

Your Petition requests that the Commission immediately shut down the Brunswick Steam Electric Plant. The Petition seeks relief on the basis of asserted receipt of allegations from a Brunswick plant employee-that there has been a complete breakdown in the Quality Assurance (QA) Program overseeing the integrity of the plant's vendor manuals, a breakdown in the plant's security system that might leave the facility open to terrorist attack, harassment and intimidation of employees who raise safety-related concerns to their management, a failure of Carolina Power & Light Company (CP&L) to train the contractors it has employed in the proper QA procedures and to implement a QA program pertaining to the work assignments of the contractors, and a breakdown in the plant's preventative maintenance program.

Your request is being considered as a Petition under 10 CFR 2.206.

t After reviewing each of the allegations presented in your letter, the NRC i

staff has noted that several of the concerns addressed in these allegations have been the subject of previous evaluations by the NRC. Specifically, with regard to the allegation that there has been a complete breakdown of the QA program overseeing the integrity of the plant's vendor manuals, the NRC received a similar allegation in early 1993.

During a recent-inspection, the NRC found that CP&L was aware of the deficiencies in the vendor manual program and had taken steps to improve the program.

Further, the CP&L purchasing organization has been utilizing a contracted vendor service that maintains proper standards and manuals to assist in writing specifications for replacement parts. On the basis of the inspection conducted, the NRC concluded that there were no safety issues related to the vendor manuals that affect the restart and operation of the facility.

The NRC staff has emphasized the need for CP&L to improve the maintenance of the plant security system in previous inspection reports. However, the staff did not observe a breakdown of the security system, as alleged.

The NRC staff has seen improvements in the plant security system and a significant reduction in the use of compensatory measures. During recent inspections, the NRC staff concluded that the security program is satisfactory.

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June 7, 1993 Stephen M. Kohn Since 1986, the NRC has received eight complaints alleging harassment, intimidation, or discrimination (HI&D) for identifying safety concerns to CP&L management.

The complainants in six of these cases have formally filed their complaints with the Department of Labor. One case is being reviewed by the NRC Office of Investigations. On the basis of its review of these cases to date, the NRC staff has not found a pattern of HI&D at the plant.

Contrary to the allegation that CP&L failed to train contractors in proper QA procedures, the NRC staff has observed, during routine inspections, that CP&L procedures for approving personnel for unescorted site access include training in the scope of the QA program. With regard to the alleged failure to implement a QA program pertaining to work assigned to contractors, the NRC has recognized a past failure of CP&L to apply appropriate QA and quality control.

These failures occurred in early 1992 and resulted in the NRC taking enforcement action.

However, during the extended shutdown of both units, CP&L has demonstrated better control of work activities.

NRC inspections in 1993 showed that adequate work controls were in place to support the restart and operation of Unit 2.

As noted in the NRC Systematic Assessment of Licensee Performance of the Brunswick facility for the period ending October 30, 1992, the NRC emphasized the need for improvement in the area of maintenance.

Because of this and the findings reported during other inspections, CP&L instituted a number of positive measures to reduce the outstanding maintenance, including preventive maintenance.

In recent inspections, the NRC has determined that CP&L has performed the preventive maintenance needed for restart of Unit 2.

While the NRC staff is still evaluating the allegations addressed in your letter and has not reached any final conclusions on any of the above concerns, there is insufficient evidence at this time to conclude that a substantial public health and safety hazard exists that warrants the immediate action you request. Accordingly, your request for immediate action is denied.

The staff will review your Petition in accordance with 10 CFR 2.206.

I will issue a final decision with regard to your Petition within a reasonable time.

A copy of the notice that is being filed for publication with the Office of the Federal Register is enclosed for your information.

Sincerely, Originn1 Mgned by atouw I.. liurley Thomas E. Murley, Director

Enclosure:

Office of Nuclear Reactor Regulation Notice of Receipt of Petition cc w/ enclosure and incoming:

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Brunswick Steam Electric Plant Units I and 2 cc:

Mr. Mark S. Calvert Mr. H. A. Cole Associate General Counsel Special Deputy Attorney General Post Carolina Power & Light Company State of North Carolina Post Office Box 1551 Post Office Box 629 Raleigh, North Carolina 27602 Raleigh, North Carolina 27602 Mr. Kelly Holden, Chairman Mr. Robert P. Gruber Board of Commissioners Executive Director Post Office Box 249 Public Staff - NCUC l

Southport, North Carolina 28422 Post Office Box 29520 Raleigh, North Carolina 27626-0520 Resident Inspector U.S. Nuclear Regulatory Commission Mr. H. W. Habermeyer, Jr.

Star Route 1, PO Box 208 Vice President Southport, North Carolina 28461 Nuclear Services Department i

Carolina Power & Light Company Regional Administrator, Region II Post Office Box 1551 - Mail OHS 7 U.S. Nuclear Regulatory Commission Raleigh, North Carolina 27602 101 Marietta St., N.W., Ste. 2900 Atlanta, Georgia 30323 Mr. Dayne H. Brown, Director Division of Radiation Protection N. C. Department of Environmental, Commerce and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. J. M. Brown Plant Manager - Unit 1 Carolina Power & Light Company Brunswick Steam Electric Plant Post Office Box 10429 Southport, North Carolina 28461 Public Service Commission State of South Carolina Post Office Drawer 11649 Columbia, South Carolina 29211 Mr. C. C. Warren Plant Manager - Unit 2 Brunswick Steam Electric Plant Post Office Box 10429 Southport, North Carolina 28461 Mr. R. A. Anderson, Vice President Carolina Power & Light Company i

Brunswick Steam Electric Plant Post Office Box 10429 Southport, North Carolina 28461

c 7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION Docket Nos. 50-325 and 50-324 CAROLINA POWER & LIGHT COMPANY BRUNSWICK STEAM ELECTRIC PLANT (License Nos. DPR-71 and DPR-62)

RECEIPT OF PETITION FOR DIRECTOR'S DECISION UNDER 10 CFR 2.206 Notice is hereby given that by Petition dated April 28, 1993, Stephen M.

Kohn, on behalf of the National Whistleblower Center (Petitioner), has requested the Nuclear Regulatory Commission to immediately shut down the Brunswick Steam Electric Plant. As basis for this request, the Petitioner asserts receipt of allegations of a Brunswick plant employee that there has been a complete breakdown in the Quality Assurance Program overseeing the integrity of the plant's vendor manuals, a breakdown in the plant's security system that might leave the facility open to a terrorist attack, harassment and intimidation of employees who raise safety-related concerns to their management, a failure of Carolina Power & Light Company to train the contractors it has employed in the proper QA procedures and to implement a QA program pertaining to the work assignments of the contractors, and a breakdown in the plant's preventative maintenance program.

The request is being treated pursuant to 10 CFR 2.206 of the Commission's regulations and has been referred to the Director of the Office of Nuclear Reactor Regulation (NRR).

By letter dated May 25, 1993, the Petitioner's request that the Commission take immediate action has been denied. As provided by 10 CFR 2.206, appropriate action will be taken on the Petition within a reasonable time.

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A copy of the Petition is available for inspection at the Commission's Public Document Room, 2120 L Street, N.W., Washington, DC 20555.

FOR THE NUCLEAR REGULATORY COMMISSION F

Thomas E. Murley, Director Office of Nuclear Reactor Regulation Dated at Rockville, Maryland this _25 day of May, 1993.

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DISTRIBUTION:

Docket File (50-325 and 50-324 w/ incoming)

NRC/ Local PDRs EDO # 0008842

-l EDO Reading File J. M. Taylor, EDO 17-G-21 J. H. Sniezek 17-G-21 H. L. Thompson 17-G-21 J. L. Blaha 17-G-21 T. Murley/F. Miraglia 12-G-18 J. Partlow 12-G-18 W. T. Russell 12-G-18 D. M. Crutchfield 11-H-21 A. T. Gody, Sr.

12-E-4 PD II-1 Reading File S. S. Bajwa P. D. Milano P. D. Anderson S. A. Varga G. C. Lainas J. Lieberman, OE 7-H-5 F. P. Gillespie 12-G-18 J. R. Goldberg, OGC 15-B-18 OPA OCA NRR Mail Room ED0 # 0008842 12-G-18 B. A. Clayton 12-G-18 R. C. Norsworthy S. Little S. D. Ebneter, R-II E. W. Merschoff, R-II l