ML20057A792
| ML20057A792 | |
| Person / Time | |
|---|---|
| Issue date: | 09/02/1993 |
| From: | Murley T Office of Nuclear Reactor Regulation |
| To: | Reyblatt Z AFFILIATION NOT ASSIGNED |
| References | |
| NUDOCS 9309150317 | |
| Download: ML20057A792 (3) | |
Text
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NUCLEAR REGULATORY COMMISSION E
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WASHINGTON, D.C. 20666 4001
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- SEP 0 21993 Dr. Z. Reytblatt l
3140 S. Michigan Ave. #712 Chicago, IL 60616 Dr. Reytb1att:
I am responding to your letter of June 7,1993, directed to the Chairman of the Nuclear Regulatory Commission (NRC). You made several comments concerning the leak rate testing of containments at U.S. nuclear power plants.
Initially, you referred to another letter that you sent to us in early February 1993, apparently addressing the same issues as your June 7 letter, but for which you claimed you had received no reply. We have located a letter from you to the Secretary of the NRC dated February 12, 1993, which is headed,
" Comments on the Proposed Exclusion Zone Rule." This appears to be the letter to which you referred because it does, as you said, contain many of the same comments as your letter of June 7.
Your letter of February 12 was received on February 23 and placed in the docket file containing comments on the proposed Exclusion Zone Rule.
In addition, its receipt was acknowledged by a card mailed to you May 11, 1993.
However, beyond that, NRC procedures do not provide for individual responses to commenters until a final rule revision is issued. M,en a revised rule is published in final and effective form in the Federn Reaister, the NRC provides commenters a response, usually in the fo m of a comment resolution letter, that gives the resolutions of all public e mments made during the public comment period. This is the reason you have not yet received a response to your February letter.
Next, in your letter of June 7, you raised several serious allegations of misconduct by the NRC and/or its employees.
You have raised similar allegations of misconduct on earlier occasions and the NRC Staff denied those at that time.
In accordance with NRC procedures, the NRC Office of the Inspector General has been provided with a copy of your letter.
The Office of the Inspector General is an independent office established by Congress to investigate allegations of official misconduct.
If you wish to pursue your allegations further, you may present those and any other allegations to the Office of the Inspector General at this same address.
You also generally criticized the NRC's containment leak rate testing requirements, policies, and methodologies. However, the NRC has thoroughly discussed those issues with you in the past and we see no need to revisit those issues at this time. Also, your letter sets forth no facts to support your criticisms. To the extent you intended to have your letter g
considered pursuant to 10 CFR 2.206, any request for action pursuant to 10 CFR 2.206 must set forth facts that constitute the bases for the request.
You further demanded that the NRC immediately cancel all increases in allowable containment leak rates that it granted to licensees in the years-y 9309150317 930902
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1981 to 1992.
You imply that the number of such increases has been numerous, although you did not specify which plants were involved. When you refer to allowable containment leak rate, we believe you mean "La," which is defined in Appendix J of Title 10 fo the Code of Federal Reaistrations, Part 50 (10 CFR 50), as the maximum allowable leakage rate at pressure "Pa," as specified for i
periodic tests in each plant's operating license.
Pa is the calculated peak i
containment internal pressure related to the design-basis accident.
- Further, each licensee uses the value of La, which may vary from plant to plant, in its analysis to determine the predicted radiological consequences to the public of a design-basis accident.
Despite your contention, our records indicate that only a small number of nuclear power plants received an increase in their allowable leak rates (La) during the years of 1981 to 1992.
The value of La is specified in the operating license of each plant, usually in the Technical Specifications which are part of the license. A plant requesting, from the NRC, an increase in the value of La would have to show that the increased La would result in acceptable radiological consequences to the public, in accordance with NRC regulations and requirements.
The NRC Staff has written a safety evaluation for each license amendment granted and has determihed that the amendment complied with NRC regulations and did not jeopardize the public health and safety. The safety evaluation and the amendment itself are part of the public record.
In each case where an increase was granted, it was done as part of a license amendment in accordance with NRC regulations. On each occasion, in accordance with NRC regulations, the NRC published notice of the proposed action and advised the public of the opportunity to request a hearing regarding the proposed action. According to our records, no member of the public requested such a hearing.
Therefore, we see no reason to review the license amendments which allowed for an increase in the allowable containment leak rate.
Sincerely, OriWfnni Migned by Thomas E. Mur ley 4
Thomas E. Murley, Director Office of Nuclear Reactor Regulation t
cc:
L. Norton (0IG)
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