ML20064J054
| ML20064J054 | |
| Person / Time | |
|---|---|
| Site: | North Anna  |
| Issue date: | 12/07/1978 |
| From: | Byrd H SENATE |
| To: | NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA) |
| References | |
| NUDOCS 7812280254 | |
| Download: ML20064J054 (2) | |
Text
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December 7, 197 s
3Cnifeb Mictfes Menstle
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ALLEN, Mrs. P.M.
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$1 Kerpectfully referred to :
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s Congressional Liaison s
S. Nuclear Regulatory Comm y U.
Because of the desire of this office to be responsive to all inquiries and comm2unications, your consideration of the attached is requested. Your findings and views, in duplicate form, along with return of the enclosure, will be appreciated by Harry F. Byrd, Jr.
For::: #2
'7813280'#
NORTH ANNA ENVIRONMENTAL COALITION Charlottesville, Virginia Mailing Address:
412 Onons Drive December 1,1978 2:ntsville, Alabama 35801 (205) 536 0678 p\\
The Honorable Harry F. Byrd, Jr.
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U. S. SINAf3 127 Russell Senate Office Building
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QE g-Dear Senator Byrds y
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May we prevail upon you to use ycur Bood offices to
,p get answers for the Coalition to the two letters enclosed
-letter of Septeber 2,1978 regarding request made to the Justice Department in letter of Angast 25, 1978; enclosed letter is addressed to Assistant Attorney
}l Ceneral J e es 7. Moorman
-letter of November 1,1978 regarding material false statments dealing with abnormal settlement at North Anna nuclear power station; enclosed letter is ad dressed to the U. S. Nuclear Regulatory Comissicners We wuld be =ost appreciative of your help in this regard.
As you are no doubt azare, the Ccalition has devoted much of the last six years to the study of nuclear probles in Virginia and their regulation. Unfortunately, it was i:
only efforts on the part of the Coalition that made public the fact of the fault beneath the Ncrth inna reactors and led ultimately to the false state =ent eenviction and fine against TIPCO.
It is our hope that soon acticus such as thes e alluded to in the above centicned letters will be initiated by gover==ent agencies rather thm by unstaffed citi:en groups.
l Te shall be mest appreciative cf yeur assistance in
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attaining respcuses to the abcve lette. s.
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NORTH ANNA EiNVIRONMENTAL COALITION Charlottesville, Virginia Mailing Address:
412 Owens Drive Noverr.ber 1,1978 Huntsville,11sb arna 35801 (205) 536-0678 Chair =an Joseph P. Hendrie Cc::nissioner John Ahearne Re:
1977 Material False State =ents Co==issioner Victor Gilinsky '
Docket Nos. 5'0-338 Co=siasioner Richard Kennedy Co:rnissioner Peter Bradford and 50-339 OL U. S. NUCLEAR REGULATORY COMMISSION Tashington, D. C.
20555 e-e Gentlemen:
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As the Commissioners are surely aware, Criteria for Deter-
=ining Enforcement Action and Categories of Noncompliance with S
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EC Reg 21 story Requirements (Modifications, December 31,1974), O 0
olearly state (page 6):
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c An order is ordinarily issued to revoke a license whent
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Civil penalty proves to be ineffective as an enforce-s6#, 3;A
=ent action; or 6.
Any materiaA falso statement is made in the application or in any statement of fact required under Section 182 of the Act.
i These Criteria were further clarified by the Commissioners' ruling of November 12, 1976 which found that omissions of sig-l nificant safety infor=ation did indeed constitute " material falso statements."
Because of action initiated by the North Anna Environmental 5
Coalition ( NAEC ), VIPC0 was ulti=ately fined $32,500 for having submitted seven material falso statecents to the Atomic Energy Co=sission regarding foundation conditicus at its North Anna site.
Unfortunately, the need for this regulatory action was originally denied by the regulatory staff and ignored by the Advisory Com-mittee on Reactor Safeguards when approached by RAIX: in 1974.
i Once again, in 1978, it would appear from information avail-r able to NAEC that significant safety infor=ation regarding foun -
a dation conditions at the North Anna site was withheld from EEC for seven months and never supplied to the Atomic Safety and Li-censing 3oard during Operating License deliberations 1
__37 August of 1977, average settlement beneath the North Anna pu=phouse for Unita 1 and 2 had l
I already reached 5.88 inches or 75% of its allow-able li=it for the 40-year life of the plant.
(See p. of 7-19 Hizzo report & Fig. 4-C of 5-317IPCO report)
-No report was =ade until April 28,1978 per 52C Region II.
I (North Anna's Operating License was granted April 1,1978.)
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2-Although the Operating License Hearing was re-opened on Decesber 29, 1978 for the consideration of other information withheld by YEPCO, no mention was made at that time of the new limits reached in abnormal and differential settlement at the s it e.
VIPCO had known these limits in Augast.
The Northwest Corner had reached 8.42" of se'ttlement four
=onths prior to the hearing as measured by YEPCO's constructor Stone & Webster. Although the average settlement of 5.88" was significant and reportable in August of 1977, we mention the NF measurement because the pipes enter the north wall, and are at risk from differential settlement.
This additiccal risk from the rapid additional settlement measured between May ani August of 1977 was reportable under the provision of 10 CFR 50.55(e) even before it fulfilled the reporting requirements of the Technical Specifications of the License.
That VEPC0 failed 'to ti=ely report the settlement in Augast of 1977 leads the Coalition once again to ask the Com=issioners to revoke VIPCO's North Anna Operating License on the grounds that
--Previous civil penalties for inaccurate, (2) fr.lse, or omitted reporting have been in-effective se enforcement actions; and
-Failure to report the anccalous settlement (6) measured in August of 1977 constituted a
"=aterial falso state =ent" in accordance with the Cc= mission's ruling of Kovember 12, 1976 Further, as the settlement problem has been discussed before the ACP.S it has been obvious that because settlement causes and sapro-litic behavior are so poorly understood, surveillance and ti=ely reporting were the only safety measures available. VIPCC's failure, habitual, in this area gives the Cc==issioners no choice of integrity but to enforce their cwn regulations and revoke the North Anna li-cense.
l To urge your prompt action against this material false state-cent, and hope that in this instance a hearing and enforcemmt will be initiated by the Co=missicners rather than by a citi:en grcup.
Thank you for your professional interest.
Sincerely, June Alle (Mrs. P. M.)
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President, TED3 l
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