ML20062B530

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Decision DD-82-9 Denying Petition for Show Cause Proceeding Against Util for Operation of Unit 1.Decision Re Unit 2 Will Be Made Upon Completion of Evaluation
ML20062B530
Person / Time
Site: LaSalle  Constellation icon.png
Issue date: 07/19/1982
From: Harold Denton
Office of Nuclear Reactor Regulation
To:
Shared Package
ML20062B523 List:
References
DD-82-09, DD-82-9, NUDOCS 8208040562
Download: ML20062B530 (7)


Text

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, . UNITED STATES OF A'tERICA. 00-82-9 i NUCLEAR REGULATORY C0ttilSSION s ,

0FFICE OF HUCLEAR REACTOR REGULATION HAROLD R. DENT 0H, DIRECTOR, 4

In the fiatter of )

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C0f!M0!MEALTH EDISON C0tiPANY ) Docket Hos: 50-373

) 50-374 i La Salle County Station )

(La Salle, Units 1 and 2) ) (10 CFR 2.206)

DIRECTOR'S DECISI0H UNDER 10 C.F.R. 2.205 I

Attorney General Tyrone C. Fahner, Esquire, on behalf of the State of Illinois, has filed a petition pursuant to 2.206, dated March 24,1982', and j an amendnent thereto, dated May 3,1982, requesting institution of a show cause proceeding on Comonwealth Edison Company's, La Salle County Station, Units 1 and 2. The petition and amendment set forth allegations of poor construction. In addition, fis. Bridget Little Rorem, on behalf of the Illinois Friends of the Earth, Essex, Illinois has also filed a petition, dated l

April 28, 1982, pursuant to 10 CFR 2.206, requesting institution of show l

! cause proceedings on the basis of certain allegations concerning improper i

construction practices at the la Salle County Station, Units 1 and 2, and r

further, sought to halt irriediately further loading of nuclear fuel at la Salle
Uni t 1. Ms. Rorea's petition enclosed four affidavits from construction workers setting forth allegations of various improper practices. The l'RC staff denied the petitioners' requests for immediate relief by letters dated April 17,1982, May 19,1982 and June 2,1982. In connection with its review of the Attorney General's petition, the HRC staff met with representatives of Comonwealth Edison Company, Sargent and Lundy, and the Attorney General omccI 82080405b2 820719 "'- "* "-

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on M' arch 31, 1982, in Bethesda, Maryland. On April 13, 1982, the Attorney i

General submitted comments on Commonwealth Edison Company's presentation ct the March 31st neeting. Commonwealth Edison Company has responded to the 4

Attorney General's petition in sube.ittals dated March 31, May 7, and May 18, 1982. The Attorney General provided additional comments in a letter t

j dated May 26, 1982.

A license was issued on April 17, 1982 to the Commonwealth Edison Company

) to permit the loading of nuclear fuel assemblies into La Salle Unit 1 and also permitting initial criticality and low power physics testing. The April 17, 1982 license authorized power levels up to and including 5 percent of rated power; however, it requires NRC staff approval prior to going beyond zero power testing. Specifically, the license contained a license condition which stated:

"The licensee shall complete its assessment of the rebar damaged due to drilling and coring in concrete and the structural adequacy j of the off-gas building roof. The results shall be reported to the NRC staff for review and approval, prior to operation following initial criticality and zero power physics testing."

The NRC staff has completed its specisi inspection into those allegations ,

identified in the above petitions required in order to proceed with licensing 4

of La Salle, Unit 1. The enclosed Region III special inspection report addresses

. the HRC findings with respect to these allegations as expanded following I interviews held with allegers. As indicated in the report, we have grouped i

the allegations as expanded into three categories:

(1) Category 1 - those allegations requiring satisfactory resolution in order to proceed with the licensing process of La Salle Unit 1; ,

(2) Category 2 - those allegations that were judged to require a followup on a longer time frame which relate to only La Salle Unit 2, personnel cc-cer-c, 3-d art!"ittet mt ':ving i n:9 cte :sfety i ;;;t; cr'

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(3) Category 3 - those allegations which range from the too general and unsubstantiated to pursue to those which are subject to regulatory jurisdiction of other agencies, or for which no further action is required by the NRC staff.

As indicated by the report, there were 20 Category 1 allegations of which some were not able to be substantiated by the NRC investigation.

J l For several others, the factual allegations were correct; however, these conditions were found to be acceptable when the entire systen of controls

! was examined. One allegation relating to improper site security natters resulted in finding violations of the licensee's security requirements.

When these were brought to the licensee's attention, prompt corrective actions were taken. One allegation of falsification of torque wrench calibration records by a site contractor was substantiated. In a related area, although separate in its cause, a few loose bolts were found on sone valves.

6 To provide greater assurance of the adequacy of the bolt tightness, the license of La Salle Unit 1 is being amended to include a license condition requiring that prior to January 15, 1983, the licensee check the torque on all non-pressure boundary bolts (bolts whose failure will affect the operability of the valve) on each safety-related valve located outside the containment. For non-pressure boundary bolts on safety-related valves located inside containment, a similar l program was successfully completed by the licensee prior to the conclusion of this inspection period. For the remainder of the safety-related valve bolting, namely those at the reactor coolant pressure boundary, such a check is not

being required on the basis that this bolting has been functionally checked during a preoperational hydro test on the reactor coolant boundary.

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4 The itens included in Category 2 concerned natters regarding La Salle Unit 2 and other matters requiring further NRC .sttention. These matters arose primarily out of allegations contained in the affidavits submitted to the NRC and in statements made by persons interviewed by the HRC staff in the course of investigating the allegations. The allegations concern installation activities, a fire, and the condition of the basenat at La Salle Unit 2. The NRC staff will consider these matters further through review of prior inspection reports, additional inspections, and interviews of plant personnel. On the basis of this additional review, the NRC staff intends to issue an additional decision prior to taking licensing actions on la Salle-Unit 2.

Other Category 2 items included allegations in the affidavits of instal-lation of damaged equipment, conmunication problens with representatives of the architect-engineer and poor attitude on the part of nanagement and supervisory personnel . In addition, further assurance that this problem does not exist will be obtained during pre-operational testing, since testing should reveal any problems attributable to danaged or defective equipment. The llRC staff will perform follow-up investigation of allegations directed toward Connonwealth Edison's management and the architect-engineer. On the basis of our review of the allegations, no imediate and substantial safety issue has been identified that would warrant enforcement action or further restrictions of authorized power level .

/- .The affidavits contain sone general allegations of inadequate fiRC finspection coverage and improper inspector conduct toward plant workers.

In the absence of a denonstrable link to specific safety problems or licensee l

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misconduct, improper conduct or inadequate inspections by NRC inspectors would not warrant initiation of show cause proceedings against the licensee to rectify what would be essentially an internal Commission probico. The NRC staff has thoroughly reviewed and pursued the allegations in the petitions and the affidavits and has not found to date a substantial safety hazard warranting initiation of show cause proceedings.

The NRC staff has included in Category 3 allegations derived from the affidavits and additional statements made by persons interviewed by the HRC for which insufficient information could be developed to warrant further NRC action or for which NRC would not take action. Allegations in the affidavits that piping was improperly installed and that equipment was not installed in accordance with blueprints could not be addressed owing to the lack of specific information that could be developed on the basis of pursuing the allegations with the allegers. During the course of the NRC's investigation of the natters raised in the petitions and affidavits, a general allegation was made that drug and alcohol abuse had occurred at the site, but the alleger was unable to provide any specific information. In view of the lack of specific information and in view of the results of the remainder of the HRC staff's investigation of the allegations, no further action is contenplated and no basis for enforcenent action exists on the basis of the foregoing allegations at this time.

Allegations were nade by the affiants and during further interviews that the circulating water pipe was defective, a bulge existed in the concrete omce) . . . . . . . . . . . . . . . . . . . . . .. .. . .

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, s will of the condenser pit, and there were loose bolts on beams in the Unit 2 turbine buildings. ~ I:o furt>dr I:RC action is planned with respect to these allegations because the allregations do not concern safety-reIated structures and equipment. These matters have been identified to Comonwealth Edison Company for its action as appropriate. Sikilarly, no further action is contemplated by the !!RC with respect! to alleged " gross waste" and cost increases that have no apparent bearing on the NRC's health and safety responsib fi t ties. The allegations concerning poor working conditions and inadequate worker safety have been referred to appropriate governnental authorities with jurisdiction over occupational health and safety natters'.

It should be noted ihat neittier the Attorney General nor Bridget Little Rorem rely specifically in their petitions on the foregoing aspects of the affi- ,

davits as a basis for 1,nitf.,ating show cause proceedings and. halting further

, ifcensing of the La Salle facilities. .

s 11 For the reasons set-forth in this decision and in riy f aterim responses i! -

', to the petitioners, the requests of the Attorney Generai and Bridget Little Rorem for initiation of show cause proceedings have been denied with respect \

to La Salle Unit 1. '

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In view of the above, I have concluded that-fdr La Salle Unit 1 the public s N -

s heolth and safety is not jeopardized, and does not warrant., issuance of an order AN to show cause. However, for la Salle Unit 2, further investigations will bN perforned with respect to those outstanding allegations pertaining only to

., La Salle/ Unit 2, and the !!RC staff will continue to review thesa natters and ibsue a further decision prior to taking licensing actions on Unit 2. As provided i

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in 10 CFR 2.206(c), a copy of this decision will be filed with the Secretary for the Comission si review in accordance with 10 CFR 2.206(c).

"Ok liarold R. Denton, Director Office of !!uclear Reactor Regulation Dated at Bethesda, Maryland this day of July 1982 N 1 HRDMton n, I .p _

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7590-01 UNITED STATES !!UCLL/R PEGULATOP.i C0191SS10!'

DCCKET NOS. 50-373 f.f:D 50-374 Com0M.'EALTH EDISON C0':PAf;Y LA SALLE COUf;TY Sl AT10h, UNITS 1 AMD 2 ISSUA!.CE OF DIRECTOR'S DECIS100 UNDEP,10 CFR 2.205 I:otice is hereby given that the Director, Office of Nuclear Peactor Pequlation, has denied the petitions and anendment under 10 CFR 2.205 filed by the Attorney General of Illinois and Illinois Friends of the Earth for La Salle County Station, Unit 1. Uith respect to La Salle County Station, Unit 2, the Director has indicated further investigations. A supplenental decision must be nade with respect to those allegations pertaining only to Unit 2.

The two petitions addressed nunerous allegations of poor construction, falsification of records, inadequate quality control, etc. These allegations were categorized into three categories; whereby the LRC staff concluded that only Category 1 allegations required resolution to proceed with the La Salle

, Unit i licensing process. For La Salle Unit 2, the Category 2 allegations were deferred and the NRC will continue to investigate these matters for a decision in the reasonably near future. Category 3 allegations are those not under hRC jurisdiction or are too general to pursue and no f urther action is required by the EC staff.

The reasons for the above conclusions are fully descrlhed in a " Director's Decision 'Jnder 10 CFR ?.206," which is availa5le for noblic inspection in the ,

Conmission's Public Document Room located at 1717 h Street, H.W., Washiopton, D.C.

?0555, and at the Public Library of Illinois Valley Comunity Collece, Pural Route ho. 1, Oglesby, Illinois 61348 a copy of the decision will be filed with

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