ML20055D817
| ML20055D817 | |
| Person / Time | |
|---|---|
| Site: | Rancho Seco |
| Issue date: | 09/28/1988 |
| From: | Marsh R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION V) |
| To: | Martin J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION V) |
| Shared Package | |
| ML20055C226 | List:
|
| References | |
| FOIA-90-76 NUDOCS 9007100050 | |
| Download: ML20055D817 (2) | |
Text
h.'lAli pr 7
September 28, 1988 MEMORANDUM FOR: John B. Martin, Regional Administrator Region V FROM:
Robert G. Marsh, Director ]k
,h V
Office of Investigations Field Office, Re'gion V
SUBJECT:
RANCHO SECO NUCLEAR GENERATING STATION MATERIAL FALSE STATEMENT, CONSplRACY TO CONCEAL THE PRESENCE OF RADIOACTIVE NUCLIDES IN LIQUID EFFLUENTS RELEASED TO THE ENVIRONMENT, AND VIOLATIONS OF 10 CFR 50 REQUIREMENTS TO LIMIT RADIOACTIVITY EXPOSURE TO AS LOW AS REASONABLY A W EVABLE (ALARA) (5-86-010)
On October 16, 1987, the ~)ffice of Investigations completed and published the subject Report of Investi ation (ROI).
During the past several months the investigation has been unter review by the United States Attorney, Eastern District of California, S:cramento, CA.
On September 23, 1988, the reviewing Assistant U. S. Attorney ihomas E. Flynn, declined prosecution of this case and submitted the enclossd declination letter, By this declination, tae U. S. Department of Justice did not question the facts of the case.
'nstead, their decision was based on several factors concerning the ambi uities of Rancho Seco Technical Specifications and the g
lack of criminal penalties for violations of 10 CFR 50.59(a).
Flynn, however, did conclude that the violations occurred; and that the civil remedies available to the NRC were well suited for this matter, In summary, the most significant issues of this matter are as follows:
I 1.
Radioactive liquid effluents were released from Rancho Seco in 1985 in excess of the allowable limits of 10 CFR 50, Appendix 1, criteria.
l 2.
On September 27, 1984, SMUD, Assistant General Menager, Nuclear, reported in Special Report 84-07 to the NRC that Rancho Seco had violated radiation limits in releases of radioactive liquid effluents to the L
environment.
SMUD acknowledged the violation and degree of radioactive contamination, however, did not request a variance in their NRC license.
Reportedly, the conditions resulting in the off site releases of radio-active water had been corrected and a series of specific corrective actions that had been taken and were planned were presented to the NRC.
The NRC licensing officials relied on the information contained in Special Report 84-07 and allowed SMUD to restart Rancho Seco without a variance to the NRC license.
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Y John B. Martin Special Report 8t.-07 specifically identified the pathway for radioactive water that was released to the environment had been the result of steam generator tube leaks.
In April 1985, while conducting an NRC unannounced inspection NRC. inspectors discovered the existence of a design and operation modification to Rancho Seco which created a separate and distinct pathway for radioactive water to be pumped directly from the demineralized reactor coolant storage tank (DRCST) to the RHUTs and released off site.
This modification had been used regularly prior to September 1984 and Special Report 84-07 and continued to be used regularly during 1985 when over 750,000 gallons of radioactive water were diverted from the DRCST to the RHUTs.
The modification, which was called temporary, existed for several years and was never examined by the SMUD Plant Review Committee (PRC) or the SMUD Management Safety Review Committee (MSRC). A review pursuant to NRC requirements of 10 CFR Part i
50.59 was not performed and the change to the design and operation and i
the procedures for operation of the plant were not reported as required to the NRC.
3.
Beginning in March 1985 Chemistry / Radiation Technicians were instructed to reduce the counting time for the prescribed test for radioactive nuclides present in the RHUTs prior to release of water from Rancho Seco.
The count time was an essential factor in the equation for determination if radioactive nuclides exceeded the dose limits for allowable releases.
l Also, water was piped in from off site to dilute the water in the RHUTs prior to performing the tests.
4.
The SMUD Assistant General Manager, Nuclear, falsely reported in two required Seni-Annual Liquid Effluent Release Reports submitted to the NRC in 1985 th6t releases had not exceeded regulatory limits.
i Each of the above described conditions are thoroughly developed in the ROI which was transmitted to you on October 16, 1987.
This matter is now available for NRC Enforcement Action.
if I may be of assistance in analyzine the investigative findings and preparing the enforcement package, please call me.
Enclosure:
Ltr Marsh fm Flynn, dtd 9/23/88 l
cc: w/ enclosure Roger A. Fortuna, 01:HQ Daniel D. Murphy, Ol:HQ Joyce E. Weddle, Ol:HQ i
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