ML20116C678

Forwards Constituent M Lewis for Reply

ML20116C678
Person / Time
Site:	Limerick
Issue date:	03/18/1985
From:	Borski R HOUSE OF REP.
To:	NRC
Shared Package
ML20116C671	List: ML20116C678
References
NUDOCS 8504290088
Download: ML20116C678 (1)

Text

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Enclosure 1 NangtEs of fip }lniiEb ffairs Konse af fcpresentatives panhington, B.C. 20515 March 18 19 85 The attached communication is sent for your consideration. ,

Please contact the AIDE mentioned below upon receipt of this inquiry. ,

I would appreciate it if you would look into this matter and provide me with the .

necessary information for reply.

Please return the enclosed correspondence with your response.

Sincerely,

/

f f ROBERT A. BORSK1 Member of Congress l

314 Cannon HOB Washington, DC 20515 Please reply to:

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,k g NUCLEAR REGULATORY COMMISSION UNITED STATES

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FEB 13 1985 Docket Nos.: 50-352 50-353 (10CFR2.206)

Mr. Robert L. Anthony - '

Box 186 .

Moylan, Pennsylvania 19065

Dear Mr. Anthony:

This letter acknowledges receipt of the Petition filed by you on behalf of yourself and Friends of the Earth (Petitioners) on December 23, 1984. The Petition requests that the Director of the Office of Inspection and Enforce-ment institute proceedings pursuant to 10 CFR 2.202 by serving an order on the Philadelphia Electric Company (Licensee) to show cause why License No. NPF-27 issued for the Limerick Facility should not be revoked. The .

Petition argues that.certain exemptions granted to the Licensee when License No. NPF-27 was issued were improvidently granted and that the public health and safety is thereby endangered. Specific exemptions identified are concerned with control room habitability, the standby gas treatment system, compliance with 10 CFR Part 50 Appendix J and the adequacy of isolation valves for certain systems. Secondly, the Petition argues that Licensee Event Reports issued by the licensee since the comencement of operation under the low-power ~ license are further indication that activities under the license are being conducted in an unsafe fashion. Thirdly, the Petition makes reference to various Inspection Reports issued by the NRC and to correspondence between the Licensee and the NRC as identifying additional deficiencies warranting revocation of the license. Finally, the Petition suggests that the Independent Design Verification Program undertaken for the Limerick Facility was insufficient to support issuance of the low-power license.

Although your Petition was directed to the Office of Inspection and Enforce-ment my office will respond to your Petition in that it deals with activities authorized by the low-power license for the Limerick Facility which this office issued.

The Petition is being treated under 10 CFR 2.206 of the Comission's regulations. The Staff will review the Petition and I will issue a femal decision in regard to it within a reasonable time. The Petition does request the immediate issuance of a show cause order to the Licensee based on the concerns identified in the Petition. Preliminary review of the Petition indicates that the Petition provides no new information which would serve as a basis for such action.*

The exemptions referred to in the Petition, as indicated by Paragraph 2.0 of License No. NPF-27, were evaluated by the NRC staff and discussed in the Qyfn - wouea^ o/ M ~J %

'-2 Safety Evaluation Report related to the operation of the Limerick Generating Station, Units 1 and 2 (NUREG-0991) or in supplements thereto. These SER findings support issuance of the exemptions granted in License No. NPF-27.

Licensing Event Reports (LERs) are required to be filed with the NRC only after issuance of a facility operating license, and are promptly evaluated.

This has in fact occurred with the LERs that have been issued for the Limerick facility. The NRC review of those LERs does not justify any imediate actions with respect to the facility.

The NRC staff was aware of the issues addressed in the Inspection Reports and correspondence between the licensee and the staff, referenced by the Petition, at the time of issuance of License No. NPF-27 and considered those issues as appropriate to allow issuance of the License. The specific Inspection Reports referenced in your letter documented the results of inspections conducted prior to the issuance of License No. NPF-27 on October 26, 1984.

Although some of the reports were fonnally issued to the Licensee after October 26, the findings in these reports were well known to the NRC prior to issuance of the license. Each of the inspection findings was assessed by -

the NRC to detennine the potential safety impact. Those findings necessary to be resolved prior to license issuance were so resolved and documented in subsequent Inspection Reports. Similarly, those findings necessary to be resolved prior to initial reactor criticality were satisfactorily resolved prior to the start of this plant evolution on December 22, 1984. No new infonnation has been set forth in the Petition which would call into question those earlier decisions.

Finally, the status of the NRC staff's review of the Independent Design Verification Program at the time of issuance of License No. NPF-27 was reported in Supplement 3 of the Safety Evaluation Report. For the reasons stated there, the staff concluded that completion of the program was not necessary prior to issuance of License No. NPF-27.

As discussed above these are all matters of which the NRC staff is well aware.

None of these matters requires imediate action sought by the petition regarding continued operation of the facility. Consequently, I decline to take any imediate action on the basis of your Petition. A copy of the Notice that is being filed for publication with the Office of Federal Register is enclosed for your information.

l Sincerely,

/ n --

l Harold R. Denton, Director

' Office of Nuclear Reactor Regulation i

Enclosure:

As stated cc(w/ encl.): See next page

LIMERICK Mr. Edward G. Bauer, Jr Vice President & General Co.unsel Philadelphia Electric Company Philadelphia, Pennsylvania 19101 Troy B. Conner, Jr. , Esquire Mr. Marvin I. Lewis Conner and Wetterhahn 6504 Bradford Terrace 1747 Pennsylvania Ave, N.W. Philadelphia, Pennsylvania 19149 Washington, D..C. 20006 Zori G. Ferkin Frank R. Romano, Chaiman Assistant Counsel Air & Water Pollution Patrol Governor's Energy Council 61 Forest Avenue 1625 N. Front Street Ambler, Pennsylvania 19002 Harrisburg,' Pennsylvania 17105 Federic M. Wentz Charles W. Elliott, Esquire County Solicitor Brose & Poswistilo,1101 Bldg.

County of Montgomery 325 N. 10th Street -

Courthouse Easton, Pennsylvania 18402 Norristown, Pennsylvania 19404 Eugene J. Bradley Ms. M. Mulligan Philadelphia Electric Company Limerick. Ecology Action Associate General Counsel 762 Queen St.

2301 Market Street Pottstown, Pennsylvania 19464 Philadelphia, Pennsylvania 19101 Mr. Vincent Boyer Mr. Karl Abraham Senior Vice President Public Affairs Officer Nuclear Operations Region I Philadelphia Electric Company U.S. Nuclear Regulatory Comission 2301 Market Street 631 Park Avenue Philadelphia, Pennsylvania 19101 King of Prussia, PA 19806 Mr. Suresh Chaudhary Thomas Gerusky, Director Resident Inspector Bureau of Radiation Protection U.S. Nuclear Regulatory Comission Dept. of Enviromental Resources P. O. Box 47 Sth Floor, Fulton Bank Bldg.

Sanatoga, PA' 19464 Third and Locust Streets

- Harrisburg, Pennsylvania 17120 James Wiggins, SR. R.I.

U. S. Nuclear Regulatory Comission P. O. Box 47 Sanatoga, Pennsylvania 19464 ,

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. 2-Sugaman, Denworth & Hellegers Director, Pennsylvania Emergency Management Agency 16th Floor Center Plaza Basement, Transportation &

101 North Broad Street Safety Building Philadelphia, Pennsylvania .19106 Harrisburg, Pennsylvania 17120 Robert L. Anthony Angus Love, Esq.

Friends of the Earth 107 East Main Street Delaware Valley Norristown, Pennsylvania 19402 103 Vernon Lane, Box 186 Moylan , Pennsylvania 19065 Martha W. Bush Helen F. Hoyt, Chaiman Deputy City Solicitor Administrative Judge Municipal Services Bldg. Atomic Safety & Licensing Board U.S. Nuclear Regulatory Comission 15th and JFK Blvd.

Phildelphia, Pennsylvania 19107 Washington, D. C. 20555 David Wersan, Esq. Dr. Jerry Harbour Administrative Judge Assistant Consumer Advocate Atomic Safety & Licensing Board '-

l Office of Consumer Advocate U.S. Nuclear Regulatory Comission 1425 Strawberry Square Harrisburg, Pennsylvania 17120 Washington, D. C. 20555

. Steven P. Hershey, Esq. Dr. Richard F. Cole Community Legal Services, Inc. Administrative Judge Law Center North Central - Bevry Bldg. Atomic Safety & Licensing Board U.S. Nuclear Regulatory Ccmission 3701 North Board Street Philadelphia, Pennsylvania 19140 Washington, D. C. 20555 Mr. J. T. Robb, NS-1 Mr. Spence W. Perry, Esq.

Philadelphia Electric Company Associate General Counsel Federal Emergency Management Agency 2301 Market Street Philadelphia, Pernylsvania 19101 Room 840 500 C St., S.W.

Washington, D. C. 20472 Timothy R. 5. Campbell, Director Department of Emergency Services 14 East Biddle Street West Chester, Pennsylvania 19380 e

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NUCLEAR REGULATORY COMMISSION IDocket Nos. 50-352,50-353]

PHILADELPHIA ELECTRIC COMPANY (Limerick Facility)

Request for Action Under 10 CFR 2.206 Regarding Continued Operation At The Limerick Facility Notice is hereby given that, by a Petition dated December 23, 1984, R. L. Anthony and Friends of the Earth (Petitioners) requested that the Nuclear Regulatory Comission institute proceedings by issuing an order to show cause to the Philadelphia Electric Company (Licensee) why License No. NPF-27 for its Limerick Facility'should not be revoked. The Petition ,

bases its request for ' license revocation upon four concerns, namely; that exemptions granted with the issuance of License No. NPF-27 were improperly granted and consequently continued operation raises public health and safety concerns; that Licensee Event Reports filed since the issuance of the License demonstrate that continued operation of the facility is unsafe; that NRC Inspection Reports and correspondence between the NRC and the Licensee further indicate deficiencies at the facility requiring license revocation; and that the Independent Design Verification Program conducted for the facility was insufficient to provide assurance of safe operation under License No. NPF-27.

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n- 1 The Petition is being , treated pursuant to 10 CFR 2.206 of the Comission's regulations and accordingly appropriate action will be taken on the request within a reasonable time. A copy of the Petition is available for inspection in the Comission's,Public Document Room,1717 H Street, N.W., Washington, DC 20555 and at the local document room for the Limerick facility located at the Pottstown Public Library, 500 High Street, Pottstown, Pennsylvania 19464.

Dated at Bethesda, Maryland, this 13th day of February 1985.

FOR THE NUCLEAR REGULATORY COMMISSION -

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Harold R. Denton, Director Office of Nuclear Reactor Regulation O

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UNITED STATES NUCLEAR REGULATORY COMMISSION 5*

s- g/ I W ASHING TO N, D. C. 20S55 f;

%..v 4...f VM 2 6 1985 Docket Nos. 50-352/353 (10 CFR 2.206)  ;

Mr. Robert L. Anthony .

Box 186 Moylan, Pennsylvania 19065

Dear Mr. Anthony:

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This letter acknowledges receipt of your letter to me dated February 25, 1985 reiterating the request made in the Petition filed by you on December 23, 1984 that 1 institute proceedings pursuant to 10 CFR 2.202 by serving an order on the Philadelphia Electric Company to show cause why License No. NPF-27 issued i for the Limerick facility should not be revoked. Your letter will be treated as a supplement to the Petition and the information it contains will be taken For the same into consideration in the fonnal decision which I will issue.

reasons stated in my letter of February 13, 1985 to you, however, I decline to take any immediate action on the basis of the information contained in your letter. .

Sincerely,

/Y ~

Harold R. Denton, Director Office of Nuclear Reactor Regulation 4

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LIMERICK '

Mr. Edward G. Bauer, Jr Vice President & General Counsel Philadelphia Electric Company Philadelphia, Pennsylvania 19101 Troy B. Conner, Jr. , Esquire Mr. Marvin I. Lewis Conner and Wetterhahn 6504 Bradford Terrace l 1747 Pennsylvania Ave, N.W. Philadelphia, Pennsylvania 19149 Washington, D. C. 20006 7ori G. Ferkin Frank R. Romano, Chainaan Assistant Counsel Air & Water Pollution Patrol Governor's Energy Council 61 Forest Avenue 1625 N. Front Street Ambler, Pennsylvania 19002 Harrisburg, Pennsylvania 17105 Federic M. Wentz Charles W. Elliott, Esquire County Solicitor Brose & Poswistilo,1101 Bldg.

County of Montgomery 325 N.10th Street Courthouse Easton, Pennsylvania 18402 Norristown, Pennsylvania 19404 Eugene J. Bradley Ms. M. Nulligan Philadelphia Electric Company Limeritk Ecology Action Associate General Counsel 762 Queen St.

2301 Market Street Pottstown, Pennsylvania 19454 Philadelphia, Pennsylvania 19101 Mr. Vincent Boyer Mr. Karl Abraham Senior Vice President Public Affairs Officer Nuclear Operations Region I Philadelphia Electric Ccmpany U.S. Nuclear Regulatory Commission 2301 Market Street 631 Park Avenue Philadelphia, Pennsylvania 19101 King of Prussia, PA 19806 Mr. Suresh Chaudhary Thomas Gerusky, Director Resident Inspector Bureau of Radiation Protection U.S. Nuclear Regulatory Commission Dept. of Enviromental Resources P. O. Box 47 Sth Floor, Fulton Bank Bldg.

Sanatoga, PA 19464

• Third and Locust Streets Harrisburg, Pennsylvania 17120 James Wiggins, SR. R.I.

U. S. Nuclear Regulatory Commission P. O. Box 47 Sanatoga, Pennsylvania 19464

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Sugarman, Denworth & Hellegers Director, Pennsylvania Emergency 16th Floor Center Plaza Management Agency 101 North Broad Street Basement, Transportation &

Philadelphia, Pennsylvania 19106 Safety Building Harrisburg, Pennsylvania 17120 Robert L. Anthony Angus Love, Esq.

Friends of the Earth 107 East Main Street Delaware Valley Norristown, Pennsylvania 19402 103 Vernon Lane, Box 186 Moylan , Pennsylvania 19065 Martha W. Bush Helen F. Hoyt, Chairman Deputy City Solicitor Administrative Judge Municipal Services Bldg. Atomic Safety & Licensing Board 15th and JFK Blvd. U.S. Nuclear Regulatory Commission 1 Phildelphia, Pennsylvania 19107 Washington, D. C. 20555 David Wersan, Esq. Dr. Jerry Harbour Assistant Consumer Advocate Administrative Judge Office of Consumer Advocate Atomic Safety & Licensing Board 1425 Strawberry Square U.S. Nuclear Regulatory Commission Harrisburg, Pennsylvania 17120 Washington, D. C. 20555 1

Steven P. Hershey, Esq. .Dr. Richard F. Cole Community Legal Services, Inc. Administrative Judge Law Center North Central - Bevry Bldg. Atomic Safety & Licensing Board 3701 North Board Street U.S. Nuclear Regulatory Commission Philadelphia, Pennsylvania 19140 Washington, D. C. 20555 Mr. J. T. Robb, NS-1 Mr. Spence W. Perry, Esq.

Philadelphia Electric Company Associate General Counsel 2301 Market Street Federal Emergency Management Agency Philadelphia, Pennylsvania 19101 Room 840 500 C St., S.W.

Timothy R. S. Campbell, Director Washington, D. C. 20472 Department of Emergency Services 14 East Biddle Street West Chester, Pennsylvania 19380 i

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UNITED STATES (p . , 'i NUCLEAR REGULATORY COMMISSION

, cg %,- . WASHINGTON, D. C. 20555 e%, w .. ".** 5 A.t 2 6 1985 Occket tios. 50-352/353

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(10 CFR 2.206)

Mr. Marvin I. Lewis 6504 Bradford Terrace Philadelphia. Pennsylvania 19149

Dear Mr. Lewis:

This letter acknowledges receipt of your letter to me of February 15, 1985, commenting on the Petition filed by Mr. Robert L. Anthony on December 23, 1984lon behalf of himself and Friends of the Earth. That Petition sought the institution of proceedings pursuant to 10 CFR 2.202 by serving ac order on thet Philadelphia Electric Company to show cause why License No. NPF-27 issued

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for the Limerick facility should not be revoked. Your letter provides your comments on certain issues raised by Mr. Anthony in his Petition. You request.that Mr. Anthony's Petition be granted. Your comments will be considered in the formal decision I reach in respect to this matter pursuant to 10 CFR 2.206.

Sincerely,

/

Harold R. Denton, Director Office of Nuclear Reactor Regulation e

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9 LIMERICK Mr. Edward G. Bauer, Jr Vice President & General Counsel Philadelphia Electric Company Philadelphia, Pennsylvania 19101 Troy B. Conner, Jr., Esquire Mr. Marvin I. Lewis Conner and Wetterhahn 6504 Bradford Terrace 1747 Pennsylvania Ave, N.W. Philadelphia, Pennsylvania 19149 Washington, D. C. 20006 7ori G. Ferkin Frank R. Romano, Chairman Assistant Counsel Air & Water Pollution Patrol Governor's Energy Council 61 Forest Avenue 1625 N. Front Street Ambler, Pennsylvania 19002 Harrisburg, Pennsylvania 17105 Charles W. Elliott, Esauire Federic M. Wentz County Solicitor Brose & Poswistilo,1101 Bldg.

County of Montgomery 325 N. 10th Street Courthouse Easton, Pennsylvania 18402 Norristown, Pennsylvania 19404 Eugene J. Bradley Ms. M. Mulligan Philadelphia Electric Company . Limerick Ecology Action Associate General Counsel 762 Queen St.

2301 Market Street Pottstown, Pennsylvania 19464 Philade,lphia, Pennsylvania 19101 Mr. Vincent Boyer Mr. Karl Abraham Senior Vice President Public Affairs Officer Nuclear Operations Region I Philadelphia Electric Company U.S. Nuclear Regulatory Commission 2301 Market Street 631 Park Avenue Philadelphia, Pennsylvania 19101 King of Prussia, PA 19806 Mr. Suresh Chaudhary Thomas Gerusky, Director Resident Inspector Bureau of Radiation Protection U.S. Nuclear Regulatory Commission Dept. of Enviromental Resources P. O. Box 47 5th Floor, Fulton Bank Bldg.

Sanatoga, PA 19464 Third and Locust Streets Harrisburg, Pennsylvania 17120 James Wiggins, SR. R.I.

U. S. Nuclear Regulatory Conmission P. O. Box 47 Sanatoga, Pennsylvania 19464 .

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Sugarman, Denworth & Hellegers Director, Pennsylvania Emergency 16th Floor Center Plazz Management Agency 101 North Broad Street Basement. Transportation &

Philadelphia, Pennsylvania 19106 Safety Building Harrisburg, Pennsylvania 17120 Robert L. Anthony Angus Love, Esq.

Friends of the Earth 107 East Main Street Delaware Valley Norristown, Pennsylvania 19402 103 Vernon Lane, Box 186 Moylan , Pennsylvania 19065 Martha W. Bush Helen F. Hoyt, Chairman Deputy City Solicitor Administrative Judge Municipal Services Bldg. Atomic Safety & Licensing Board 15th and JFK Blvd. U.S. Nuclear Regulatory Commission Phildelphia, Pennsylvania 19107 Washington, D. C. 20555 David Wersan, Esq. Dr. Jerry Harbour Assistant Consumer Advocate Administrative Judge Office of Consumer Advocate Atomic Safety & Licensing Board 1425 Strawberry Square -

U.S. Nuclear Regulatory Commission Harrisburg, Pennsylvania 17120 Washington, D. C. 20555 Steven P. Hershey, Esq. Dr. Richard F. Cole Conmunity Legal Services, Inc. Administrative Judge Law Center North Central - Bevry Bldg. Atomic Safety & Licensing Board 3701 North ~ Board Street U.S. Nuclear Regulatory Commission Philadelphia, Pennsylvania 19140 Washington, D. C. 20555 Mr. J. T. Robb, NS-1 Mr. Spence W. Perry, Esq.

Philadelphia Electric Company Associate General Counsel 2301 Market Street Federal Emergency Management Agency Philadelphia, Pennylsvania 19101 Room 840 500 C St., S.W.

Timothy R. S. Campbell, Director Washington, D. C. 20472 Department of Emergency Services 14 East Biddle Street West Chester, Pennsylvania 19380 e

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