ML20126F362

Responds to 921127 Request for Impartial & Public Adjudicatory Hearing & Concerns About Status of Sg.Meeting Held on 921201 to Discuss Cause & Repair of SG primary-to- Secondary Tube Leak That Occurred on 921109

ML20126F362
Person / Time
Site:	Trojan File:Portland General Electric icon.png
Issue date:	12/17/1992
From:	Murley T Office of Nuclear Reactor Regulation
To:	Marbet L AFFILIATION NOT ASSIGNED
References
NUDOCS 9212300258
Download: ML20126F362 (4)

Text

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NUCLEAR REGULATORY COMMISSION WASHINoTON, D.C. 20tE6

\*****/ December 17, 1992 Mr. Lloyd K. Harbet 19142 S.E. Bakers ferry Road Boring, Oregon 97009

Dear Mr. Harbet:

I am responding to your letter of November 27,19?2, to the Commissioners of the U.S. Nuclear Regulatory Commission (NRC). In your letter you requested "an impartial and public adjudicatory hearing" and expressed concerns about the status of the steam generators at the Trojan Nuclear Plant.

As you may know, the staff held a meeting at the Trojan site in Rainier, Oregon, on December 1,1992, to discuss the cause and repair of the steam generator primary-to-secondary tube leak that occurred on November 9, 1992.

This meeting was held to provide an opportunity for Portland General Electric (PGE) to inform the NRC staff on the issues raised in the Confirmatory Action Letter, dated November 13, 1992. The meeting was attended by NRC headquarters personnel', NRC Region V personnel, PGE, and members of the media and general public. The meeting also included a discussion of the proposed emergency technical specification change that was prepared by the licensee. -

The licensee recently withdrew its request for the emergency technical specification change and is conducting augmented steam generator tube inspections. It is our understanding that the licensee is evaluating the steam generator tube inspection data and they are considering a range of possible actions that will depend on the results of the data evaluation. The NRC staff is following the inspection pror':is and any subsequent request for technical specification amendment closely.

As a result of this information and the interest that you have expressed, I have directed my staff to put you on the service list for the Trojan Nuclear Pl ant . As such, you will receive all outgoing correspondence related to Trojan. Additionally, I have directed my staff to inform you by telaphone if any technical specification amendment request is submitted by the licensee on the current steam generator issue so that you may be aware of the current status of the issue and your rights to request a hearing with respect to any requested license amendment. This should enable you to file a timely application for a formal hearing on any requested amendment.

I would advise you to consult Title 10, Code of Federal Reaulations (10 CFR),

for an understanding of your rights and responsibilities regarding a hearing request; specifically, refer to 10 CFR 50.91, and 10 CFR 2.714. In general, you may file a petition for leave to intervene and request a hearing during the notice period on any licensing action proposed by the licensee, or you may make any public comment on the no significant hazards determination without requesting a hearing and filing a petition for leave to intervene.

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.Mr. Lloyd K. Marbet' December 17, 1992 Finally, you may petition' the staff pursuant to 10 CFR 2.206 to modify, suspend, or revoke a license, provided you specify the action requested and set forth the facts that constitute the basis for the request. However, a petition pursuant to 10 CFR 2.206 is not a request for-a hearing.

The ctaff welcomes informed participation in the licensing process.

Sincerely, g igi'nalB15"O p nE. Parley Thomas E. Murley, Director Office of Nuclear Reactor Regulation DISTRIBUTION:

' Docket File (50-344-w/ incoming)3 JMartin, RV NRC & Local PDRs (w/ incoming) JScinto, 15B18 JSniezek E00 #8352

-JBlaha DFoster JTaylor LKokajko TMurley/FMiraglia PDV p/f WRussell KPerkins, RV FGillespie OCA JPartlow NRR #8352, (w/ incoming) 12G18 MVirgilio TGibbons JRoe PDV Reading File (w/ incoming)

'TQuay PDV Action File KKnuoel CHawes OGC (15B18) BClayton SECY (92-1005 & 92-1007) OPA

• See Previous Concurrence ,

OFC LA/PDV . / PM/PDV D/PDV__ TECH-ED* OGC*

NAME DFoste h i ) /hkajko TQuay MMejac BMB DATE /7ll/92

/ [1/C/92 /k/0/92 12/07/92 12/14/92 0FC AD45/DRPW* D/DRPW* ADP/NRR* DD/NRR* Q/ML NAME MVirgilto JRoe JPartlow FMiraglia Murley -

DATE 12/14/92 12/15/92 12/15/92 12/15/92 / d /92 0FFICIAL RECORD COPY DOCUMENT NAME: 'GT8352 i

Mr. Lloyd K. Harbet- l l l Finally, you may petition the staff pursuant to 10 CFR 2.206 to modify, 1 suspend, or revoke a license, provided you specify the action requested and set forth the facts that constitute the basis for the request. However, a petition pursuant to 10 CFR 2.206 is not a request.for a hearing.

The staff welcomes informed participation in the licensing process.

Sincerely, 7

Thomas E. Murley, Director Office of Nuclear Reactor Regulation L_

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kn heep l  %, UNITED STATER L [ NUCLEAR REGULATORY COMMISSION 4

% WASHINGTON, D. C. 20666 4

% EDO Principal Correspondence Control- ld W E_U L

-FROM: DUE: EDO CC-JTROL: 0008352-DOC DT: 11/27/92&

FINAL REPLY:- 11/30/92 Borin9, Oregon TO:

Commissioners FOR SIGNATURE OF: ** GRN ** CRC NO: 92-1005&

92-1007 I

DESC: ROUTING:

START-UP OF THE TROJAN NUCLEAR PLANT Taylor Sniezek DATE: 12/01/92 Blaha Knubel ASSIGNED TO: CONTACT: JMartin, RV NRR Murley Scinto, OGC SPECIAL INSTRUCTIONS OR REMARKS: ,

FOR APPROPRAITE ACTION g9- /.2l dbl g g/2,- / k/ / M d

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OFFICE OF THE SECRETARY CORRESPONDENCE CONTROL TICKET PAPER NUMBER: CRC-92-1005 LOGGING DATE: Nov 30 92 ACTION OFFICE: EDO AUTHOR: LLOYD K. MARBET AFFILIATION: OR (OREGON)

ADDRESSEE: CHRM, COMRS LETTER DATE: Nov 27 92 FILE CODE: ID&R-5 TROJAN

SUBJECT:

START-UP OF THE TROJAN NUCLEAR PLANT ACTION: Appropriate DISTRIBUTION: CHAIRMAN, COMRS, OGC, DSB SPECIAL HANDLING: NONE CONSTITUENT:

tiOTES:

DATE DUE:

SIGNATURE: . DATE SIGNED:

AFFILIATION:

EDO ~~ 008352 92-0 7 3 / g'. 4_ g

Lloyd.9G %rbet

, _ 19142 SE Bakers Ferry Road Boring, Oregon 97009 (503) 637 3549 Friday, November 27,1992 Ivan Selin, Chairman James R. Curtiss E. Gall De Planque Forrest J. Remick Kenneth C. Rogers U. S. Nuclear Regulatory Commission Washington, DC 20555

Subject:

Start up of the Trojan Nuclear Plant As you are aware, the Trojan Nuclear Plant was shut down on Nover"cer 9,1992 due to a leak in Steam Generator B and has since remained closed. On Nc': ember 23,1992, the Union of Concemed Scientists (UCS) released an internal NRC &,cument entitled

" Memorandum for Frank P. Gillespie, Director, Program Mar . vment, Policy Development, and Analysis Branch, Office of Nuclear Reactor Regulation from C. J.

Heltemes, Jr., Deputy Director, Office of Nuclear Regulatory Research, September 28, 1992" and a letter to you from Robert Pollard, Nuclear Safety Engineer, UCS, requesting a list of documents, referenced in the above memorandum, to be placed in the Public Document Room.

On Tuesday, December 2, the NRC intends to hold a meeting at Trojan to review a request from Portland General Electric for an emergency change in technical specifications which would allow Trojan to operate without further analysis of the remaining steam generator tubes unaffected by the leak in Steam Generator B. This follows the last amendment to Trojan's operating license in February of 1992 granting an interim plugging limit which allows Trojan to operate with flaws in the steam generator tubes greater than 40% of tube wall thickness, it is my understanding that there are presently 428 tubes which have been identified with these kinds of flaws.

For some time now I have been concemed with the safety of the steam generators at Trojan. I have yet to experience full public disclosure of the safety analysis for operating this plant. I have repeatedly requested a complete copy of the analysis performed by Wettinghouse Corporation and have only received a document with numerous blank pages omitted under a claim that this safety information is proprietary and not available for -

public review. I have been told by Adam Bless, Oregon Department of Enerqy's (ODOE) resident safety inspector at Trojan, that when he first requested the abovr, norandum from the NRC, his request was refused and the document was only releasea to him after he called back pointing out the media was reading portions of it to him. This failure to openly disclose information to ODOE is contrary to the January 1980 " Memorandum of Understanding Betwean tha State of Oregon and the U. S. Nuclear Regulatory Commission which states:

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[ With the execution of this Memorandum, the State and NRC agree regularly to consult and cooperate in exploring and devising appropriate procedures to minimize duplication of effort to the extent permitted by State and Federal

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, law, to avoid delays in decision m: king cnd to cnsure the cxchange cf Inf;rmati:n that is n:eded 13 m:ke the mcst effective use Cf the resources of the State and NRC in order to accomplish the purpose of

. both parties. (Emphasis added.)

One wonders why it took the UCS to the inform the State of Oregon in November that a Differing Professional Opinion written in September existed within the NRC.

I write this letter requesting that you order Trojan remain closed until there is an impartial and public adjudicatory hearing; with full procedural rights, including the right to cross examine and present witnesses; acces; to all PGE, Westinghouse, and NRC files; and the ability to interview internal NRC dissenters regarding the safety of Trojan's steam generators.

Respectfully l

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L yd K. rbet

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OFFICE OF THE. SECRETARY

. o ;. CORRESPONDENCE CONTROL TICKET

' PAPER IvuMBER: CRC-92-1007 LOGGING DATE: 'Nov'30 92 ACTION OFFICE: EDO-

-AUTHOR: LLOYD MARBET AFFILIATION: OR (OREGON)

ADDRESSEE: CHAIRMAN,.COMRS LETTER DATE: Nov 30 92 FILE CODE: ID&R-5 TROJAN

SUBJECT:

START-UP OF THE TROJAN NUCLEAR PLANT ACTION: Appropriate DISTRIBUTION: CHAIRMAN, COMRS, OGC, DSB SPECIAL HANDLING: NONE CONSTITUENT: ,

NOTES:

DATE DUE:

SIGNATURE: . DATE SIGNED:

AFFILIATION: i i

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.: 19142 SE Bakers Ferry Road - Boring, Oregon 97009 = (503) 637 3549 .

Monday, November 30,1992 Ivan Selin,' Chairman -

James R. Curtiss

. E. Gail De Planque j h Forrest J. Romick Kenneth C. Rogers _ '

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-U. S. Nuclear Rogulatory Commission Washington, DC 20555

Subject:

Start up of the Trojan Nuclear Plant -

I am faxing you this letter and a press announcement that I will be making this o moming regarding the continued operation of the Trojan Nuclear Plant along with a letter that I have taxed to Ken Harrison of Portland General Electric. In the interest of-adequately reviewing the safety of Trojan's steam generators I ask that you Drant _my-request and join with the Oregon Energy Facility Siting Council in _ holding a contested caso hearing and at the same. time use your power to keep Trojan closed. -l wish to-:

reiterate that it is my intention to take direct action at Trojan only as a last resort and Dnn: i yjolently. If I can be of any further help in this matter please feel free to contact me. '

Respectfully

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Lloyd K Mar 6ct

. 19142 SE Bakers Ferry Road Doring, Orogon 97009 (503) 637 3549 Monday, November 30,1992 There has been nothing more difficult for me than the decision I am announcing today. For almost twenty years I have diligently tried to work within the established processos of government to raise my concerns regarding the environmental and economic impacts of nuclear power; and more specifically the dangers we face with the continued operation of the Trojan Nuclear Plant. I have played by the rules only to find that when you are successful, the rules aro changed, the petitions for hearings are deniod, and ballot measure campaigns are bought by a utility whoso resources are far greater than our own.

On November 9,1992, only six days after Ballot Measure's 5 & 6 failed, Trojan springs a leak and the plant shuts down, causing Portland General Electric (PGE) to buy replacement power for an energy resource we are forcod to pay for regardless of whether it works. On November 23, Robert Pollard of ihn Union of Concemed Scientists releases an internal memorandum of the Nuclear Regulatory Commission (NRC), dated September 28,1992, which reveals that the risk of a meltdown at Trojan is 3 chances in 10,000 per year, 300 times more likely than permitted by the NRC's safety goal of 1 in a million per reactor per year, Now PGE is attempting to restart Trojan this week by seeking an emergency change in their technical specifications which would allow them to restart the plant without further analysis of their steam generator tubes. This is a nuclear plant whose steam generator tubes are suffering from a corrosion problem which no one has been able to identify and for which they are allowed to operate with unrepaired flaws in 428 tubes.

I have written and where possible faxed letters to the NRC Commissioners, to all the members of the Energy Facility Siting Council, to the head of the Oregon Department of Energy and to Governor Barbara Roberts asking that Trojan romain closed until an impartial pubhc forum (an adjudicatory proceeding) is held with full procedural rights for all individuals and parties involved including the right to cross examine and prosent witnesses; access to all PGE, Westinghouse, and NRC files; and the ability to interview NRC dissenters to determino the safety of Trojan's steam generators. I do not believe that this request is to much to ask. Trojan's safety analysis has been declared proprietary and removed from full public scrutiny. We are asked to trust regulators who repeatodly deny our petitions and by whom we are forced into a trial by media rather than a trial by law.

On Tuesday, December 1, at 9AM, the NRC is holding a meeting at Trojan which will be attended by two mernbers of the Energy Facihty Siting Council. At that meeting the question of operating Trojan will be addressed. I will attempt to raise my request for an aedicatory hearing again at that time and fo!!owing the meeting will contact the chair of the Ener0y Facility Siting Council by phorse to raise this request as wcil. If I am unable to obtain an affirmative answer then I, along with Art Honeyman, intend to non violently block the entrance to Trojan in an effort to keep it closed. I am at a loss to know what else to do to protect our life support systems and I take this action in the interest of myself, my family, those i love and the community I care for. I have no desire to hurt anyone or to be hurt and I ask that if anyone desires to join me that they too do so in that spirit.

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