ML20052C944
| ML20052C944 | |
| Person / Time | |
|---|---|
| Site: | LaSalle  |
| Issue date: | 04/17/1982 |
| From: | Harold Denton Office of Nuclear Reactor Regulation |
| To: | Fahner T ILLINOIS, STATE OF |
| Shared Package | |
| ML20052C945 | List: |
| References | |
| NUDOCS 8205060124 | |
| Download: ML20052C944 (20) | |
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April 17,1982 See attached page Docket Hos.: 50-373 and 50-374 Tyrone C. Fahner, Esquire Attorney General State of Illinois 160 North La Salle Street Chicago, Illinois 60601
Dear Mr. Fahner:
This letter is to acknowledge receipt of your Request to Institute a Show Cause Proceeding and for Other Relief (petition) dated March 24, 1982, filed with the Nuclear Regulatory Commission on behalf of the State of Illinois. The Petition principally seeks institution of a show cause pro-ceeding under 10 C.F.R. $ 2.20?, and suspension of further consideration of the operating license application regarding the La Salle County Nuclear Generating Station, Units 1 and 2 of the Cocronwealth Edison Company, based on certain allegedly newly discovered safety issues. The issues raised in your i
Petition are two in number. The first issue relates to the drilling of holes in the concrete walls, floors, and ceilings of certain buildings at the la Salle facility, including in some instances severance of steel reinforcing bar (rebar) with the potential for affecting structural integrity. The second issue relates to the structural adeauacy of the of f-gas building roof. Your Petition alleges substantial cracking of this roof and the possibility that the roof thickness does not meet design specifications.
Your Petition has been referred to me by the Commission for consideration pursuant to 10 C.F.R. S 2.206, and appropriate action will be taken on your petition within a reasonable tine. The NRC Staff is investigating the allegations contained in your petition 1,/.
1 i
-1/ Your Petition at page 2 states that there is an operating license proceeding presently before the Commission and that no hearing has been requested or noticed in this proceeding. A Notice of Receipt of Application for Facility Operating Licenses; Notice of Availability of Applicant's Environnental Report; and Notice of Consideration of Issuance of Facility Onerating Licenses and Notice of Opportunity for Hearing, were published in the Federal Register regarding this facility on June 3,1977. Consequent 1v, a hearing opportunity regarding the La Salle facility operating licenses was noticed. No hearing was requested pursuant to the notice and consequently no operating license " proceeding" is before the Cannission.
I am presently considering Conmonwealth Edison's license application, l
and have under consideration the issuance of a fuel load and low nower testino M to 5P rate 1 power) license in-the very near future.
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1 2-As one step in our investigation, we contacted the Commonwealth Edison Company (CECO) on fiarch 29, 1982, and asked that they reet with us on March 31, 1982, to present infomation with regard to the natters you raised. This meeting was held in Bethesda, Maryland on ifarch 31, 1982, and Ms. Judith S. Goodie, Esq.
attended the meeting as a representative of your office. A verbatim transcript was taken of that meeting and has been made available to you.
Our Region III office is determining whether the applicant has adequately implemented its rebar damage identification and assessment activity in accordance with suitable procedures during the construction process. Also, our Office of Inspection and Enforcement is reviewing Region III's handling of the allegation regarding the off-gas building roof, and is further detemining whether the off-gas building roof nects its design requirements as stated by CECO at the fiarch 31 neeting and in the FSAR for the la Salle facility. In conjunction with Region III activities, my office is assessing the technical adequacy of the applicant's engineering design assessment in the affected areas as a result of these allegations.
I have considered your request at Section III.1 of your Petition for an immediate suspension of consideration of Commonwealth Edison's application for a fuel load and low power testing license for la Salle Unit i until the allegations contained in your Petition are investigated and a decision made regarding institution of the requested show cause proceeding under 10 C.F.R.
S 2.202. 2/
By letter dated Febeuary 4,1982, CEC 0 has addressed its startup test schedule for la Salle Unit 1.
In this letter, the applicant estinates approximately 60 to 90 days will elapse from the tine of issuance of the low power license until the time the reactor achieves initial criticality. The applicant's best current estimate is that this elapsed time will be approximately 61 days.
During this tine, there will be prelininary startup activities going on; however, since the reactor will not have been brought critical, there will be essentially no fission products in the core and no significant radiological hazard.
- Also, there will be no significant build-up of residual core activity through zero power physics testing.
During the zero power physics testing, the off-gas building would not receive any radioactive materials and thereby pose no public health and safety hazard should its roof fail. Also, continued structural integrity of concrete which 2/ Your Petition at page 9 also seeks suspension or stay of all " proceedings concerning Edison's applications for operating licenses" for the La Salle facility.
As discussed in footnote 1, supra, there are no such " proceedings" pending. The only relevant pending ratter is my consideration of Commonwealth Edison's license application including its request for a fuel load and low power testing license.
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_.3 may have been affected by the alleged drilling and boring is not essential for even, in the most severe incident which could be postulated, the radioactive releases, would be insubstantial. The low fission product inventory also answers the concern raised in your Petition at Section II.8 that fuel loading of Unit 1 should be postponed "until the Commission fully examines the potential safety hazard presented by the cutting of reinforcing steel as alleged herein" on the grounds that the presence of the fuel in the structure of Unit I will interfere with the investigation of the allegations and with any corrective measures that might be ordered. The insignificant build-up of residual core activity through zero power physics testing presents no significant impediment to completing the investigative efforts associated with the alleged concerns.
In our efforts to investigate these matters, members of the NRC staff have made visits to the plant and to the Architect / Engineer's offices, Sargent and Lundy; have reviewed documents including structural drawings and several calculations performed by Sargent & Lundy and have held discussions with key applicant and Sargent & Lundy personnel (see Enclosures 1 and 2). While the reports on these efforts have not yet been finalized, the allegations set forth in your petition have not been substantiated.
We expect to complete our ongoing investigation of the allegations raised by your Petition in the next 30 to 60 days and we will make our findings at that time.
In the interim, because there is no significant threat to the health and safety of the public represented by a core that has not experienced operation beyond initial criticality and zero power testing, I have determined the immt diate suspension of Commonwealth Edison's request for a fuel load and low power operating license to be unwarranted. Any such license, however, will be conditioned to require prior NRC staff approval for any power operation following initial criticality and zero power physics testing. Our approval will not be given unless warranted by the results of our current ongoing investigations.
The NRC Staff will continue to review the remaining matters raised in your Petition, and I will issue a decision with regard to them in the reasonably near future.
I will also consider your Petition in any future licensing actions I take with respect to the la Salle facility.
I enclose for your information a copy of the Notice that is being filed for publication with the Office of the Federal Register.
Sincerely, Harold R. Denton, Director Office of Nuclear Reactor Regulation
Enclosures:
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DISTRIBUTION:
Document Control (50-373/374) w/ incoming NRC PDR w/ incoming I&E L PDR w/ incoming SECY(3)
PRC w/ incoming HRDenton Docket Hos.: 50-373 LB#2 Reading EGCase and 50-374 ASchwencer PPAS T
Bournia SHHanauer
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EHylton w/ incoming RJMattson RLTedesco/LBerry RHVollmer Tyrone C. Fahner, Esquire JPKnight PSCheck Attorney General KCyr, OELD BJSnyder State of Illinois
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CNorelius, Region III 160 North La Salle Street DEisen hut /RPurpl e Chicago, Illinois 60601 MJambor SCavanaugh, NRR (EDO#11706)
Dear Mr. Fahner:
/
MBridgers, ED0 (ED0#11706)
This letter is sent to acknowledge receipt of your Recuest to Institute a Show Cause Proceeding and for Other Relief,(Petition) dated '! arch 24, 1982, filed with the Nuclear
- Regulatory Comnission on behalf of the State of Illinois. The Petition principally seeks / institution of a show cause pro-ceeding under 10 C.F.R. 5 2.202, and sussension of further consideration of the operating license application regarding the La Salle County Nuclear Generating Station, Units 1 and 2 of the Comonwealth Edison Company, based on certain allegedly newly discovered,hafety issues. The issues raised in your Petition are two in number. The firgt issue relates to the drill;na of holes in the concrete walls, floors, and ceilings of certain buildings at the La Salle facility, including in somd instances severance of steel reinforcinq bar (rebar) with' the potential for/affectiry structural integrit.f. The second issue relates to the structural adequacy ofi the of f-pas building roof. Your Petition alleges substantial crac' king of this roof and the possibility that the roof thickness does not nect' design spe ifications.
/
Your Petition has been referrett to me by the Connission for consideration pursuant to 10 C.F.R. 5 2.206, and ap ropriate action will be taken on your petition within a reasonable tino. The NRC taff is investi.atinq the allenations contained in your Petition 1/.
/
~1/ Your Petition at page/2 states that there is a n operating license proceeding presently before the tonnission and that no hearing has been requested or noticed in this proceeding. A Motice of Receipt of Ap >11 cation for Facility Operatino Licenses; Notice of Availability of 40plicant's Environnental Iteport; and Notice of Consideration of Issuance of Facility Operatino Licenses and Notice of Opportunity for Hearino, were published in the Federal Register regardinq this facility on June 3,1977. Consequently, a hearina opportunity regardinn the La Salle f acility operating licenses was noticed.
No hearing was requested nursuant to the notice and consequently no operating license " proceeding" is before the Cmmission.
I an presently considering Con"onwealth Edison's license application, l
and have under consideration the issuance of a fuel load and low nower testinn tup to s, ra' co power) li :ense in the very near fut ure.
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, may have been affected by the alleged drilling and boring is not essential for even, in the most severe incident which could be postulated, the radioactive releases, would be insubstantial, since power levels will not exceed a nominal
.004 percent (250kw) of rated power as part of the zero power testing program and at most this extremely low power level will not persist for rere than 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />.
In comparison with our Safety Evaluation Report on the University of California Berkeley Research Reactor at comparable pgwer level range, we assessed the dose consequences of a direct release without containment event and calculated a dose level of less than 0.3 rem thyroid at the site boundary. Therefore, the effluents can be released without detrimental e'ffects on the public health and safety. The low fission product inventoh also answers the concern raised in your Petition at Section 11.8 that fuel / loading of Unit 1 should be postponed "until the Commission fully examine 5 the potential safety hazard presented by the cutting of reinforcing steel as' alleged herein" on the grounds that the presence of the fuel in the structure df Unit I will interfere with the investigation of the allegations and with a'ny corrective measures that i
might be ordered. The insignificant build-up o.f residual core activity through zero power physics testing presents no signif cant inpediment to completing 4
the investigative efforts associated with the alleged concerns.
In our efforts to investigate these matters, members of the NRC staff have made visits to the plant and to the Architect / Engineer's offices, Sargent and Lundy; have reviewed documents including structurah drawings and several calculations perforned by Sargent & Lundy and have held hiscussions with key applicant and Sargent A Lundy personnel (see Enclosurles\\1 and 2). While the reports on these ef forts have not yet been finalized,/the.re appears to be no bases that we have been able to find to substantiate the ' allegations set forth in your petition.
He expect to complete our ongoing investi ation pf the allegations raised by your Petition in the next 30 to 60 days d we will nake our findings at that tire.
In the interim, because there is o signif'icant threat to the health and safety of the public represented by a co e that hAs not experienced operation innediate suspension of Conmonwealth Ed son's requ\\I have detemined the beyond initial criticality and zero pow
- testing, est for a fuel load and s
low power operating license to be unwar anted. Any\\ such license, however, will be conditioned to require prior NRC sta f approval for any power operation following initial criticality and zero power phy cs testing. Our approval will not be given unless warranted by the results cf our current ongoing investigations.
The NRC Staff will continue to review ;be remaining m tters raised in your
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near future.
I will also consider you r Petition in an future licensing actions I take with respect to the La Salle facility.
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, I enclose for your infomation a copy of the Notice that is being filed for publication with the Office of the Federal Register.
liarold Denton, Director
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Office of fluclear peactor Reculation g\\
Enclosures:
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Docket Hos.: 50-373 HDenton Region III and 50-374 ECase Res. Insp.
TMurl ey Dross FSchroeder SCavanaugh DEisenhdt
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Tyrone C. Fahner, esonire RPurpl,d
- With Incoming Attorney General RTedes'co State of Illinois ASch/encer 160 n rth La Salle Street ABournia o
Chicago, Illinois 60601
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Dear Mr. Fahner:
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P'randenburg (ED0#11706)
This letter is sent to acknowledce rec int of ur Pequest to Institute a y
l Shnu Cause proceedino and for Other Peli f (P tition) dated March 24, 1992, filed with the Huclear Pegulatory Conniss on n behalf of the State of Illinois.
"he Petition erincipally seeks titution of a show cause pro-ceeding under 10 C.F.D. S 2.202, and suspen. on of further consideration of the operating license application renardin e la Salle County Muclear 4
i Generatino Station, Units 1 and 2 of the C,no wealth Edison Connany, based on certain alleqedly newly discovered saf tv is ues.
The issues raised in your i
Petition are two in nonber. The first i. ue rel tes to the drilling of holes in the concrete walls, floors, and ceili qs of ce tain buildings at the la Salle facility, includinq in some in tances sev rance of steel reinforcing bar (rebar) with the notential for aff cting structgical integrity.
The second 7
i issue relates to the structural adequi y of the off-pas building roof.
Your Petition alleqes substantial crackino of this roof a d the possibility that the roof thickness does not neet des on specification.
Your Petition has been referred to pe hv the Commissio for consideration pursuant to 10 C.F.R. S ?.205, and appropri te action will be ta en on your petition within a reasonable time. The HRC Staff s investinating the a leqations contained l
in your Petition 1/.
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es 1/ Your Petition at page 2 states that there is an onerating license proceedino,
presently before the C0711ssion and that no hearinq has been requested or noticed l
In this proceedinq. A Notice of Receipt of Annlication for Facility i
Oneratino Licenses; Hotice of Availability of Annlicant's Environmental Report; and Notice of Consideration of Issuance of Facility Oneratinq licenses and l
Motice of Onnortunity for Hearinq, were published in the Federal Register regar Ing Consequently, a hearina opportunity renarding - ['
this facility on June 3,1977.
I the La Salle facility noeratinq licensas ins noticed. No bearing was requested.
pursuant to the notice and consequent 1v no operatinq Ifcense " proceeding" is before the l
Connissinn.
I an presently considerin-Con-onwealth Edison's ifcense annlication,'
ano n2ve un n,r consiocration tne iss'
'ance or a tuoi Inao anq Inu poter test"nq omcep..Ina..ta.Tf..r stad..naunc.l..) icon.sa...fr. tiv..unnu..naac..fwwo...........
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As one sten in our investigation, we contacted the Cm7'onwealth Edison Campany (CECO) on March 29, Iq92,\\and asked that they neet with us on March 31, 1992, to present information with regard to the natters vnd raised. This meeting was held in nethesda, waryland \\pn " arch 31,1992, and "4. Judith S. Goodie, Esq.
attended the neetino as a renresentative of your office. A verbatin transcript was taken of that nectino an'd has been nade available to vou.
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Our Deqion III office is dete'rpining whether the[anplicant has adequately innle7ented its re5ar damaqe identification and ptsess9ent activity in accordance with suitable oro'cedures during the construction process.
Al so,
our Office of Inspection and Enf rcement is revi,ewino peqfon III's handling 9
of the alleqation reqarding the off-qas buildi q roof, and is further determining thether the off-cas hd(1 ding roof cets its design requirements as stated hv CECO at the March 31 Neting and in the FSAR for the la Salle facility.
In con.1 unction with Deafqn III a tivities, ny office is assessing the technical adequacy of the applica t's e ineering design assessment in the affected areas as a result nf thes all gations.
I have considered your request at Sectic II.1 of your Petition for an inmediate suspension of consideration of onnonwealth Edison's aanlication for a fuel load and low nower testinq lic nse for la Salle Unit I until the allenations contained in your Petition a e investinated and a decision nade reqarding institution of the requested s v cause proceeding under 10 C.F.D.
5 2.202. 2/
Ry letter dated February 4,109?, CECn has a. ressed its startup test schedule for La Salle Unit 1.
In this letter, he ano icant stimates approxinately 60 to q0 days will elapse from the ti e of iss rance of the low onw?r license until the tine the reactor achieves i itial cr ticality. The annlicant's best current estinate is that this elapset time will be annroximately 61 days.
During this time, there will be orel ninary sta tuo activities coing on; however, g
since the reactor will not have bee brought cri ical, there will he essentially no fission products in the core and no significa t radioloqical hazard.
Al so,
there will he no siqnificant build-of residual core activitv throuqh zero power physics testino.
Durinq the zero poser nhvsics test nq, the off-qas puildinq would not receive any radioactive natorials and therphy pose no publiq health and safety hazard should its roof fail.
Also, continued structural i enrity of concrete which i
2/ Your Petition at pane o also seeks suspension or stay of all "nroceedinqs concerninq Edison's applications for oneratinq licenses" for the la Salle facility.
As discussed in footnote 1, supra, there are no such " proceedings" nending. The only relevant pendino natter is my consideration of Commonwealth Edison's license application includinq its reonest for a fuel load and low noter testing license.
omer >
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. i may have been affected by the alleged drilling and boring is not essential for even, in the most severe incident which could be postulated, the radioactive releases, would be insubstantial, since power levels will not exceed a nominal
.004 percent (250kw) of rated power and at most this extremely low power s
level will not persist foy nnre than 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />.
In comarison with our Safety Evaluation Report on the University of California Berkely Research Reactor at comparable power level hange, we assessed the dose' consequences of a direct release without contairvnent\\ event and calculated a dose level of less than 0.3 rem thyroid at the sight boundary. Therefore,,the effluents can safely 1
be released without detrimental effects on the public health and safety.
The low fission product inven'ory also answers ths concern raised in your Petition t
at Section II.8 that fuel loading of Unit 1 should be postponed "until the j
Cmmission fully examines the po.tential safety azard presented by the cutting of reinforcing steel as alleged erein" on the grounds that the presence of the fuel in the structure of Unit will inte ere with the investination of the allegations and with any corre ive meas es that might be ordered. The insignificant build-up of residual c e acti ity through zero power physics testing presents no significant imped.ent o completing the investigative i
ef forts associated with the alleged co er i
In our ef forts to investigate these matt s, menbers of the NRC staff have made visits to the plant and to the Architect ngineer's offices, Sarnent and Lundy; have reviewed documents including struc 1 drawings and several calculations i
performed by Sargent & Lundy and have b.1d discussions with key applicant and Sargent & Lundy personnel, see Enc osu s 1 and 2. While the reports on these ef forts have not yet been finalfzed, ere appears to be no bases that we have been able to find to substan iate t. allegations set forth in your petition.
We expect to cmplete our ongoing i vestigati n of the allegations raised by your Petition in the next 30 to 60/ days and we will nake our findings at that l
time.
In the interin, because th9re is no significant threat to the health and q
safety of the public represented,y a core that\\has not experienced operation 2
j beyond initial criticality and z ro power testi
, I have detemined the immediate suspension of Commonwe, Ith Edison's re uest for a fuel load and low power operating license to e unwarranted.
py such license, however, will be conditioned to require prio NRC staff approvah for any power operation following initial criticality and zero wer physics testing \\ Our approval will not be i
given unless warranted by the,r,esults of our curren oncoing investigations.
/
The NRC Staff will continue to review the remaining atters raised in your Petition, and I will issue a decision with regard to hem in the reasonably near future.
I will also consider your Petition in a y future licensing actions I take with respect to the la Salle facility.
1 omer,
SUQNAME)
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,, may have beer af fected by the alleged drilling and horing is not essential for even, in the rost severe incident ubich could be mstulated, the radioactive releases, would be insubstantial. The low fission product inventory also answers the concern raised in your Petition at Section 11.8 that fuel loading of Unit 1 should be postponed "until the Comission fully examines the potential safety hazard presented by the cutting of reinforcing steel as alleged herein" on the grounds that the presence of the fuel in the structure of Unit I will interfere with the investigation of the allegations and with any corrective reasures that might be ordered. The insienificant build-up of residual core activity throuqh zero power physics testing presents no significant impediment to completing the investigative ef forts associated with the alleged concerns.
In our efforts to investicate these natters, nerbers of the NRC staff have made visits to the plant and to the Architect / Engineer's offices, Sargent and Lundy; have reviewed documents including structural drawings and several calculations performed by Sargent A Lundy and have held discussions with key applicant and Sargent 1. Lundy personnel, tlhile the reports on these efforts have not yet been finalized, there appears to be no bases that we have been able to find to substantiate the allegations set forth in your petition.
Ve expect to corplete our oncroing investiqation of the allegations raised by your Petition in the next 30 to 60 days and we will make our findings at that tire.
In the interin, because there is no significant threat to the health and safety of tbc public represented by a core that has not experienced operation beyond initial criticality and zero power testing, I have determined the imediate suspension of Comnor.<ealth Edison's request for a fuel load and low power operating license to be unwarranted. Any such license, however, will be conditioned to require prior HRC staff approval for any power operation followinc initial criticality and zero powr physics testing. Our approval will not be given unless warranted by the results of our current ongoing investigations.
The HRC Staf f will continue to review the renaining ratters raised in your Petition, and I will issue a decision with regard to them in the reasonably near future.
I will also consider your Petition in any future licensing actions I take with respect to the la Salle facility.
I enclose for your informtion a copy of the Notice that is being filed for publication wi th the Office of the Federal Pegister.
Harold Denton, Director Office of Nuclear Reactor Pegulation cc:
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,. nay have been affected by the alleged drillino and horing is not essential for even, in the nost severe incident which could he postulated, the radioactive releases, would he insu5stantial. The low fission nroduct inventory also answers the concern raised in your Petition at Section II.9 that fuel loadino of Unit 1 should he oostponed "until the Co riission fully exmines the potential safety hazard presented by the cuttinq of reinforcinq steel as allened herein" on the grounds that the nresence of the fuel in the structure of Unit I will interfere with the investigation of the alleqations and with any corrective neasures that ninht be ordered. T5e insiqnificant build-up of residual core activity through zero nomr physics testino presents no sinnificant innedialent to co9pleting the investinative efforts associated with the alleged concerns.
Ue expect to complete our ongoing investication of the allegations raised by your Petition in the next 30 to 60 days and we will make our findinqs at that time.
In the interin, because there is no significant threat to the health and safety of the oublic represented by s core that has not experienced operistion beyond initial criticality and zero nomr testino, I have determined the imediate suspension of Comonwealth Edison's request for a fuel load and low power operatinq license to be unwarranted. Any such license, however, will be conditioned to require ortor MRC staff approval for any power operation followinq initial criticality and zero nomr nhysics testino.
O'fr anproval will not be given unless warranted by the results of our current ongoing investigations.
The '9C Staff will continue to review the remaininq natters raised in your Petition, and I will issue a decision with regard to them in the reasonably near future.
I will also consider your Petition in any future licensing actions I take with respect to the La Salle facility.
I enclose for your information a copy of the Motice that is being filed for publication with the Office of the Federal Reqister.
throld Denton, Director Office of Muclear Reactor Requlation cc:
See next naqe N
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- See previous concurrences on next page.
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_1 may have been affected by the alleqed drilling and horing is not essential for even, in the nos severe incident which could be nostulated, the radioactive releases, would he in(substantial.
The low fission orofuct inventory also answers the concern raised in 'your Petition at Section II. A tfat fuel loadinc of Unit I should he postooned "until the Comission fully exrtines the notential safety hazard nresented by the cUttino of reinforcinq steel / as allened herein" on the crounds that the presence of the fuel in the st with the investigation of the'alle0ations and with 'fucture of Unit I will interfere any corrective neasures that nicht he ordered. The insignificant build-up of residual core activity throuch zero nowr nhysics testinq oresants no si nificant impedinent to conoleting the investiqative efforts associathd with the all.ced concerns.
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Ue expect to conn 1ete our oncoing inv)stigation hf the allegations raised by your Petition in the next 30 to e days'and we dill nake our findinos at that time.
In the interin, because there is n(sion ficant threat to the health and safety of the public reoresented by a core 'tha has not exoerfenced operation beyond initial criticality and zero nomr test no, I have detamined the imediate susnension of Comonwealth Edison's' enuest for a fuel load and low power oneratino license to be unwarranted SAny such license, homver, will be conditioned to require orfor WC staff an. oval for any power operation following i
initial criticality and zero nomr nhysics t stino. Our annroval will not be niven unless warranted by the results of ou current ongoing investigations.
For the reasons stated above, it is mv con lusion that.Comonwealth Edison may safely undertake fuel loadino and init al criticality testing at t.a Salle Unit I while w complete our investigatio s of the allecations in vnur natition.
Su5 sequent nouer oneration un to the lice se nower level 'of 5 nercent will he nemitted only unon apnroval by the ". staff.
a The MC Staff will continue to review t e remaininq natters
- raised in your Petition, and I will issue a decision w th reqard to then in\\the reasonably near futun'.
I will also consider you Petition in any future,ifcensinq actions I take with respect to the I.a Salle fadility.
I enclose for your information a cony of the n tice that is being filed for o
l publication with the Office of the F deral 9ecister.
l Harold nenton, Director Office of Huclear "eactor Requlat on
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4/ /82
- See previous concurrences on next page.
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. may have been affecte by the alleoed drillinq and horing is not essential, severe incident which could he postulated, the radioactive for even in the nos f
releases would be ins 6stantial.
The inw fissf6n product inventory also answers the concern raised in vou'se Petition at Section/II.8 that fuel loading of I' nit 1 should be postooned "un'tl1 the Comission fully examines the potential safety hazard oresented by the cuttinq of reinforcing steel as alleged herein" on the qrounds that the presenc'e of the fuel in' the structure of finit I will interfere with the investigation of the'Kalleqations a' d with any corrective neasures n
The insignificantj uild-up of residual core activity h
that mfqht he ordered.
through zero noter physics test'1,no presents no siqnificant innediment to completing the investiqative efforts associated with the alleoed concerns.
Ve expect to conolete our ongoing \\
investigation of the allegations raised by your Detition in the next 30 to 6q avs and we will make our findinns at that time.
In the interim, because there is no sionificant threat to the health and safety of the public represented by'a core that has not exoerienced operation beyond initial criticality and zero
_r testing, I have determined the imediate suspension of Comonwealth E.ison's request for a fuel load and low power operating license to be unwar pnted.
Any such license, hovever, will.
be conditioned to require prior fIPC staf( accroval for any power oneration following initial criticality and zero poier ohysic ; testing. Our approval will not he niven unless warranted by the results of o r current ongoinq investigations.
I For the reasons stated above,j'it is ny conc Usion that Comomealth Edison nay safely undertake fuel loading and initia \\ criticality testinq at t.a Salle
!! nit I thile se connlete our/ investigations o the allcoations in your Petition.
Subsequent oower operation up to the licente wer level of 5 percent will be pernitted only upon appr6 val by the fMC staYf.
I intend to issue such a license shortiv.
The NRC Staff will continue to review the remain ng natters raised in your Petition, and I will issuh a decision with reqar to them in the reasonably near future.
I will alsd consider your Petition n any future ifcensing actions I take with respect to the la Salle facility.
I enclose for voor infor/
,t mation a copy of the " otic that is beinq filed for publication with the O fice of the Federal ReqistM I \\
t a
flarold Denton, 0 ector
- .'s Office of fluclaar Peactor Requlation cc
See next oaqe
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NRR:DIR HRDenton
- See previous concurrences on next page.
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- Docket File (50-373/374)
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EDO Reading PPAS Reading Docket !!os.: 50-373 LB#2 File Dross ar.d 50-374 HDenton SCavanaugh ECase TMurl ey FShroeder Tyrone C. Fahner, Esquire DEisenhut Attorney Gercral RPurple State of Illinois
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RTedfsco 160 !! orth La Salle Street ASchwencer Chicano, Illinois 60601
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EHylton
Dear t'r. Fahner:
RVollmer i
/0 ELD This letter is sent to acknowledge receipt of your pequest to Institute a n lief (Detitjon) dated fiarCh 24, 1992, Show Cause Proceeding and for Other e
filed with the !!uclear Regulatory Comission o,n behalf of the State of Illinois. The Petition princf oally seeksiinititution of a show cause orn-ceedinq under 10 C.F.R. 5 7.202, and suspenfon of further consideration of the operating ifcense application reqardin' the la Salle County Muclear Cencratinq Station, Units 1 And 2 of the Co}monwealth Edison Company, based on certain allened newiv discovered safet-issues. The issues raised in your Petition are two in nunher. The first is ue\\ relates to the drillinc of holes in the concrete walls, floors, and ceili as of certain hutidinqs at r.he la Salle facility, inclunino in some in ances severance of steel rein'orcing har (rehar) with the potential for affe tinq structural intearity.
The :acond issun relates to the structural adequac of the off-cas huf1 ding roof. Youc Petition alleqes substantial crackinq f this roof and the possibility that the roof thickness does not meet desia snecifications.
Your Petition has been referred to m, by the Comission for. consideration pursuan*
to 10 C.F.R. 5 2.206, and anpropriatd action will be taken on your petition uit '
a reasonable tim. The WC Staff f p investigatinq the alleqations contained in your Petition If.
/
If Your Petition at paqe 2 states hat there is an operating license croceedino y Dresently before the Comission and that no hearing has been requested or noticed in this proceedinq.
A Motice of Receint of Annif cation for racility Oneratino Licenses; ?!otice of Availability of Annlicant's Environmental Report; and Hotice of Consideration of Issuance of Facility Oneratinn Licenses and l
90tice of Onnortunity for Hearino, was published in the Federal Recister regtrdinq this facility on June 3,1977.
Conscouently, a hearinq occortunity reqarding tha la Salle facility operatinq licenses was noticed.
No hearing was requestedi pursuant to the notice and consequently no onerating license "proceedina" is before the Comission.
I am nresently considerino Comonwealth Edison's license annlication,'
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. As one step in our investiqation, we contacted the C&7sonwealth Edison Cn1pany (CECO) on March 29,19A2, and asked that they neet with us on March 31, loq2, to present infornation with regard to the natters you raised. This neetino was held in Pethesda, Maryland on March 31, 1992, and "s. Judith S. F.codie, Esq.
attended the meeting as a representative of your office.
A verhatin transcript was taken of that nectinq and has been nade available to you.
Our Peqion III office is deternininq w5cther the applicant has adequately innlenented its rebar danage identification and assessnent activity in accordance with suitable procedures during the construction process.
Al so,
i our Office of Inspection and Enforcenent is reviesdnq Reqion III's handling of the allegation reqarding the off-qas building roof, and is further determining shether the off-cas buildinq roof nects its design requirF7ents as stated by CECO at the March 31 neetinq and in the FSA9 for the La Salle facil ity.
In conjunction with Peqion III activities, ny office is assessing i
the technical adequacy of the aonlicant's engineerino desion assessment in the affected areas as a result of these allegations.
Consequentl y, throuqh the zero power physics testinq portion of CECO's startup nronran for the la Salle thit 1, the off-qas hutidinq would not receive any radioactive materials and thereby nose a public health and safety hazard should its roof fail. Also, continued structural inteority of concrete which may have been effected by the alleged det111nq and borinq is not essential for even in the nost severe incident thich could be postulated, the radioactive releases, would be insubstantial. With respect to the concern raised in your Petition at Section 11.9 that fuel loadinn of Unit 1 should be postponed "until the Com,ission fully exs11nes the potential safety hazard presented by the cuttinq of reinforcinq steel as alleqed herefn" on the qrounds that the presence of the fuel in the structure of Unit 1 will interfere with the investiqation of the allegations and with any corrective measures that miqht be ordered, the insiqnificant hufid-up of residual core activity throuqh zero p1uer physics testing presents no significant impedinent to completinq the investigative efforts' associated with the alleacd concerns.
I have considered your request at Section III.1 of your Petition for an innediate suspension of consideration of Connonwealth Edison's application for a fuel load and low power testinq license for la Salle Unit I untti the alleqations contained in your Peti 2fon are investiaated and a decision made regardino institution of the requested show cause croceeding under 10 C.F.O.
$ 2.202. ?/
2/ Your Petition at page q also seeks suspension or stay of all " proceedings concerning Edison's applications for operatinq Ifcenses" for the La Salle facility.
As discussed in footnote 1, sunra, there are no such "nroceedinos" pendinq. The f
only relevant nendina natter is nv consideration of Coc,onwealth Edison's license l
application includinq its request for a fuel load and low nower testing ifconse.
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.,. i ny letter dated February 4,1997 CrCn has addressed its startun test schedule for La Salle Unit 1.
In this letter, the applicant estimates aoproxinately 60 to oq days will elapse fro 1 the time of issuance of the low power license until the time the reactor achieves initial criticality. The apnlicant's best current estimate is that this elapsed time will be approximately 61 days.
During this time, there will he oreliminary starton activities poing on; hovever, since the reactor wf11 not have been brought critical, there will he essentially no fission nroducts in the core and no radioloqical hazard. Also, there is no significant build-un of residual core activity throuqh zero power physics testinq.
We expect to complete our ongoing investigation of the allegations raised by your Petition in the next 30 to 60 days and we will make our findinqs at that time.
In the interin, because there is no significant threat to the bealth and safety of the nuS11c renresented by a core that has not experienced operation beyond initial criticality and zero power testing, I have determined the inmediate suspension of Commonwealth Edison's request for a fuel load and low poter operatinq license to he unwarranted. Ar.y such license, however, will i
he conditioned to require orfor HPC staff anoroval for any power operation following initial criticality and zero power physics testing. Our anproval will not he given unless warranted by the results of our currently ongoino investigations.
Consequently, for the reasons stated above, it is ny conclusion that Commonwealth Edison may safely undertake fuel loadinq and initial criticality testing at La Salle Unit 1 while we comnlete our investfoations of the alleoations in your Petitinn. Subsequent power operation up to the license power level of 5 percent will be permitted only upon anproval by the ?nC staff. I intend I
to issue such a license shortly.
i l
The URC Staff will continue to review your Petition, and I will issue a
'sion l
with renard to it in the reasonably near future.
I will also consider y'ar Petition in any future licensing actions I take with respect to the La Salle facility.
I enclose for your information a copy of the Votice that is beinq filed for publication with the Office of the Federal Register.
i Harold Denton. Director Office of Nuclear Reactor Peculation cc:
See next page NRR:DIR HDenton
/ /82
- See attached page for previous concurrances
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. Ve exnect to complete our ongoinq investigation of the allegations raised by your Petitinn in the next 39 to 60 days.
'fe will make further findings at that time.
In the interin, because there is no siqnificant threat to the health and safety of the public renresented by si core that has not experienced power operation beyond initial criticality, I have detemined the imediate susoension of Comonwealth Edison's request for a fuel load and low nomr operatinq license to be unwarranted.
Such a license, however, will be conditioned to require nrior 'IPC anoroval for any nouer operation following initial criticality and zero nomr physics testin1. Our approval will not he given unless warranted by the results of our currently ongoing investigations.
Consequent 1v, for the reasons stated above, the alleqations of your Detition do nnt cause ne to alter my conclusion that Comonwealth Edison may safely undertake fuel loading and initial criticality testing at La Salle IJnit 1 nonding ccrioletion of our investigations of the allenations in your Petition. Subsequent operation up to the license nomr level of S*, will be oernissible upon approval 5y the '!RC. I intend to issue such a Itcense shortiv.
The TC Staff will continue to review your Petition, and I will issue a decision with regard to it in the reasonably near future.
I will also consider your Petition in any future licensinq actions I take with respect to the la Salle facilitv.
I enclose for voor information a copy of the Motice thet is being filed for nublication with the Office of the Federal Register.
Harold nenton, Director Office of Nuclear Deactor Regulation cc:
See next paqe N?.R :DI R HDenton -
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your Petition in the next 39 to 60 days, time.
In the interi7, because there is no siqnificant threat to the health and safety of the public represented by a core that has not exeerienced initial criticality, I have deterlined the imodf ate suspension of Comonwealth Edison's
[
request for a fuel load and low comr coeratinq license to be umarranted.
Such a If tense, however, will be conditioned to renuire prior it'IC approval for anv comr operation followinq initial criticality and zero amer physics testinq. Our sporoval will not be qiven unless warranted hv the results of our currently onqoinn investiqations.
f Consequently, for the reasons stated above, the alleqations of your Petition do not cause ne to alter '1y conclusion that Comonwealth Edison my safelv i
undertake fuel loadinq and initial criticality testinq at t.a Salle tinit 1 cendino I
ccripletion of our investigations of the alleqations in your Petition.
Subsequent operation up to the license nomr level of M uill be pernissible upon approval hv the flPC. I intend to issue such a license shortly.
1 The M"C Staff will continue to review your Petition, and I will issue a decision with renard to it in the reasonably near future.
I will also consider your a
Petition in any future licensing actions I take with respect to the t.a Salle i
facility.
I enclose for voor infornation a copy of the Motice that is beinn filed for nu511 cation with the Office of the Federal Deqister.
f i
Harold Denton, Director l
Office of t'uclear Peactor Pequ1ation l
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Director of Nuclear Licensing I
Commonwealth Edison Company P. O. Box 767 Chicago, Illinois 60690 cc: Philip P. Steptoe, Esquire Suite 4200
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One First National Plaza Chicago, Illinois 60603 Dean Hansell, Esquire Assistant Attorney General 188 West Randolph Street Suite E315 Chicago, Illinois 60601 Roger Walker, Resident inspector LaSalle NPS, U.S.N.R.C.
P. O. Box 224 Marseilles, Illinois 61364 Chairman La Salle County Board of Supervisors La Salle County Courthouse Ottawa, Illinois 61350 Attorney General 500 South 2nd Street Springfield, Illinois 62701 Department of Public Health ATTN: Chief, Division of Nuclear Safety 535 West Jefferson Springfield, Illinois 62761 The Honorable Tom Corcoran United States House of Representatives Washington, D. C.
20515
. Chairman Illinois Commerce Commission Leland Building 527 East Capitol Avenue Springfield, Illinois 62706 e
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