ML20057F443

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Ack Petition ,submitted on Behalf of New England Coalition on Nuclear Pollution to Jm Taylor Re Request to Reconsider Civil Penalty Against Vynp for Operating Outside TS from 921015 to 930406,per 10CFR2.206
ML20057F443
Person / Time
Site: Vermont Yankee File:NorthStar Vermont Yankee icon.png
Issue date: 10/12/1993
From: Gray J
NRC OFFICE OF ENFORCEMENT (OE)
To: Block J, Daley M
NEW ENGLAND COALITION ON NUCLEAR POLLUTION
Shared Package
ML20057F444 List:
References
2.206, EA-93-112, NUDOCS 9310180010
Download: ML20057F443 (2)


Text

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j NUCLEAR REGULATORY COMMISSION s

WASHINGTON D.C. 205524 001 OCT 121993 Mr. Michael Daley Mr. Jonathan M. Block New England Coalition on Nuclear Pollution, Inc.

Box 545 Brattleboro, Vermont 05301 l

Dear Messrs. Daley and Block:

This letter is to acknowledge a Petition dated September 1,

1993, submitted by you on behalf of the New England Coalition on Nuclear Pollution to Mr. James M. Taylor, Executive Director for Operations, U.S. Nuclear Regulatory Commission (NRC).

Your Petition has been referred to my Office for preparation of a response pursuant to 10 C.F.R.

Section 2.206.

In your Petition you request the NRC to reconsider the civil penalty assessed against Vermont Yankee Nuclear Power Station (VY) for operating outside Technical Specifications (TS) from October 15, 1992, to April 6, 1993, (EA-93-112, Notice of Violation and Proposed Imposition of Civil Penalty - $50,000, August 2, 1993, paid on August 24, 1993), because you believe the NRC enforcement action was inadequate.

An on-site safety inspection of VY was conducted April 14 to 16, 1993.

The report of that inspection was issued on May 24, 1993, with a cover letter from M. Wayne Hodges that contained six questions for VY.

Your Petition alleges that Questions 2 through 5 of the letter were not adequately answered.

Specifically, you allege inadequate responses to the following questions:

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....(2) the specific reasons for not shutting down the plant l

wten required by the Technical Specifications and the approved test procedure, (3) the reasons for not pursuing a root cause determination and corrective actions for approximately six months, (4) the results of your historical reviews of control rod testing to determine if there were previous Technical Specification violations, (5) your design control processes, including one-for-one equivalency evaluations, as they apply to material changes in safety-related equipment,....."

Your claim that VY did not adequately answer these questions is based upon your examination of the available materials VY submitted to the NRC and your belief that this alleged failure to answer such questions is part of what Thomas Martin, the Regional Administrator, referred to as " programmatic weaknesses" at VY.

The Petition states that these allegedly unanswered questions provide a sufficient basis to warrant review of the penalty assessed to VY and you ask that such a review be undertaken immediately.

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OCT 121993 Mr. Michael Daley l

As provided by Section 2.206, appropriate action on the matters raised in your petition will be taken within a reasonable time.

l For your information, I have enclosed a copy of the Notice that is being filed with the Office of the Federal Register for i'

publication.

Copies of your petition, this letter and the Notice are also being provided to the Vermont Yankee Nuclear Power Corporation.

Sincerely, f

Joseph R. Gray, Deputy Director Office of Enforcement I

Enclosure:

Federal Register Notice DISTRIBUTION:

JTaylor, EDO JSniezek, DEDR TMartin, RI JLieberman, OE TMurley, NRR JPartlow, NRR JGoldberg, OGC JMcGurren, OGC EDO 9312 JGray, OE JLuehman, OE DCS (W/ incoming petition)

PDR (W/ incoming petition)

LPDR (W/ incoming petition)

Day File 2.206 File i

l OE OGC (W qi [' D JLuehman JGo dberg G ay 10/[ /93 10/7/93 0/8/93 Doc Name:

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