ML20138H597

Responds to 950821 Petition Submitted,Per 10CFR2.206 on Behalf of G Galatis & We People Inc & Suppl to 950828 Petition.Director'S Decision 96-23 & FRN Encl

ML20138H597
Person / Time
Site:	Millstone
Issue date:	12/26/1996
From:	Miraglia F NRC (Affiliation Not Assigned)
To:	Hadley E AFFILIATION NOT ASSIGNED
Shared Package
ML20138H601	List: ML20138H597 ML20138H655
References
CON-#197-18120 2.206, DD-96-23, NUDOCS 9701060137
Download: ML20138H597 (5)

Text

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NUCLEAR RE2ULATCRY CCMMISSl2N WASHINGTON, D.C. ensas anni December 26, 1996

. Ernest C. Hadley, Esq.

1040 B Main Street P.O. Box 549 3  !

West Wareham, MA 02576

Dear Mr. Hadley:

1 I am responding to the Petition you submitted pursuant to Section 2.206 of Title 10 of the Code of Federal Reaulations (10 CFR 2.206), on August 21,

1. 1995, on behalf of Mr. George Galatis and We the People, Inc. (the

' Petitioners), and a suppleront to that Petition, which was submitted on August 28','1995. These tuo letters will hereinafter be referred to as the

" Petition." The Petitieners' request was referred to the O Hice of Nuclear Reactor Regulation for preparation of a response in accordance with 10 CFR 2.206. l

, The Petitioners requested that the U.S. Nuclear Regulatory Commission (NRC)

! (1) institute a proceeding under 10 CFR 2.202 to suspend the license for the Millstone Unit 1 facility operated by Northeast Nuclear Energy Company (NNECO or Licensee) for a period of 60 days after the unit is brought into compliance

with its license and the design basis; (2) revoke the operating license until the facility is in full compliance with the terms and conditions of its

, license; (3) perform a detailed independent analysis of the offsite dose consequences of the total loss of spent fuel pool water; and (4) take enforcement action pursuant to 10 CFR 50.5 and 50.9. As grounds for these requests, the Petitioners listed three issues. First, Petitioners asserted that the Licensee has knowingly, willingly, and flagrantly operated Millstone Unit 1 in violation of License Amendments Nos. 39 and 40. Second, License

, Amendments Nos. 39 and 40 for Millstone Unit I are based on material false l 4

statements made by the Licensee in documents submitted to the NRC. And third, 4

the license amendment proposed in a letter dated July 28, 1995, should be denied and the Licensee should be required to operate in full conformance with 4

License Amendment No. 40.

1 In the August 28 supplement, additional assertions were made in support of 4 Petitioners' first and third issues. In addition, Petitioners requested a public hearing in the vicinity of Millstone Unit 1 for the purpose of permitting comment by the public on the issues raised in the Petition.

The NRC acknowledged receipt of the Petition in a letter dated October 26, 1995. In the acknowledgement letter, you were informed thater titioners'

! third issue was not within the scope of 10 CFR 2.206. Therefore, this issue will not be addressed in this or any subsequent Director's Decision. The August 28 supplemental letter contained assertions relating to this third issue. As this issue is outside the scope of 10 CFR 2.206, these assertions also will not be addressed in this or any subsequent Director's Decision.

However, the staff is reviewing these assertions, and the staff's findings will be forwarded to you by separate correspondence. In the acknowledgement

letter, you were also advised that an informal public hearing would be held in 9701060137 961226 PDR ADOCK 05000245 h G PDR

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. . . . . 4 l Ernest C. Hadley, Esq. December 26, 1996 l

i the vicinity of Millstone Unit 1. This hearing was held on April 8, ?996.

Finally, you were advised that the NRC would take action with respect to the remaining issues in the Petition within a reasonable time.

The staff realizes the focus of the Petition is on assertions of wrongdoing on the part of NNECO in certain of its actions. However, the issues that the Licensee knowingly, willingly, and flagrantly operated Millstone Unit 1 in violation of License Amendments Nos. 39 and 40 and submitted material false statements to obtain License Amendments Nos. 39 and 40 are still being reviewed by the NRC staff, and I am not yet ready to address them in a

Director's Decision. Although the wrongdoing aspects of these actions are i

still being considered, the NRC staff has completed its technical review of j core offloading issues presented by the Petitioners, and I am therefore 1

issuing a Partial Director's Decision discussing those issues.

i

For the reasons giveri in the enclosed Partial Director's Decision (DD-96-23 ),

Requests 1, 2, and 3 of the Petition are partially granted. Request 4 will be i addressed in a Final Director's Decision after the possible wrongdoing is i fully considered. A copy of the Partial Director's Decision will be filed j with the Secretary of the Commission for the Commission to review in i accordance with 10 CFR 2.206(c). As provided by this regulation, the Decision l will constitute the final action of the Commission 25 days after the date of

issuance of the Decision unless the Commission, on its own motion, institutes j a review of the Decision within that time. I have also enclosed a copy of the

notice of " Issuance of Director's Decision Under 10 CFR 2.206," including the i complete text of DD-96-23 , which is being filed with the Office of the i Federal Register for publication.

3 4

Sincerely,0rigir.a1 signM Frar.k J. kir*:1 j Frank J. Miraglia, Jr., Acting Director

{ Office of Nuclear Reactor Regulation 1 Docket No. 50-245 i

Enclosures:

1. Director's Decision 96- 23 1

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the vicinity of Millstone Unit 1. This hearing was held on April 8, 1996.

Finally, you were advised that the NRC would take action with respectsto the remaining issues in the Petition within a reasonable time.

1 The staff realizes the focus of the Petition is on assertions of wrongdoing on

the part of NNECO in certain of its actions. However, the issues that the Licensee knowingly, willingly, and flagrantly operated Millstone Unit 1 in violation of License Amendments Nos. 39 and 40 and submitted naterial false i

statements to obtain License Amendments Nos. 39 and 40 are sti?1 being d

reviewed by the NRC staff, and I am not yet ready to address them in a Director's Decision. Although the wrongdoing aspects of these actions are

still being considered, the NRC staff has completed its technical review of j core offloading issues presented by the Petitioners, and I am therefore issuing a Partial Director's Decision discussing those issues.

I j

For the reasons given in the enclosed Partial Director's Decision (DD-96 23 },

' Requests 1, 2, and 3 of the Petition are partially granted. Request 4 will be addressnd in a Final Director's Decision after the possible wrongdoing is

, fully considered. A copy of the Partial Director's Decision will be filed with the Secretary of the Commission for the Commission to review in accordance with 10 CFR 2.206(c). As provided by this regulation, the Decision

will constitute the final action of the Commission 25 days after the date of issuance of the Decision unless the Commission, on its own motion, institutes a review of the Decision within that time. I have aise enclosed a copy of the notice of " Issuance of Director's Decision Under 10 CFR 2.206," including the complete text of DD-96-23 , which is being filed with the Office af the Federal Register for publication.

Sincerely, .

2^d/2 L f L

! Frank J.dtrag ia7 b r., Acting Director

! Office of Nuclear Reactor Regulation i

Enclosures:

1. Director's Decision 96-23

2. Federal Reaister Notice i

cc w/encis: See next page i

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Millstone Nuclear Power Station l Northeast Utilities Service Company Unit I 1 cc:

Lillian M. Cuoco, Esquire Mr. Wayne D. Lanning s Senior Nuclear Counsel Deputy Director for Inspections Northeast Utilities Service Company Millstone Nuclear Power Station P. O. Box 270 c/o U.S. Nuclear Regulatory Hartford, CT r4141-0270 Commission

' P. O. Box 513 Mr. Kevin T. A. McCarthy, Director Niantic, CT 06357 i Monitoring and Radiation Division Departme.it of Environmental Mr. F. C. Rothen Protection' Vice President - Work Setvices 79 Elm Street Northeast Utilities Service Company J Harthro, CT 06106-5127 P. O. Box 128 i Waterford, CT 06385 Mr. Allan Johanson, Assistant Director Mr. John Buckingham Office of Policy and Management Department of Public Utility Control

Policy Development and Planning Electric Unit Division 10 Liberty Square l'0 Washington Street New Britain, CT 06051 Hartford, CT 06106 Mr. P. D. Hinnenkamp

Fegional Administrator Director, Unit Operations

, elegion I Northeast Utilities Service Company

U.S. Nuclear Regulatory Commission P. O. Box 128  !

475 Allendale Road Waterford, Connecticut 06385 i King of Prussia, PA 19406 Mr. T. C. Feigenbaum First Selectmen Executive Vice President and Town of Waterford Chief Nuclear Officer i

Hall of Records Northeast Utilities Service Company 200 Boston Post Road P. O. Box 128 Waterford, CT 06385 Waterford, Connecticut 06385 i

i Mr. D. M. Goebel Mr. B. D. Kenyon Vice President - Nuclear Oversight President - Nuclear Group Northeast Utilities Service Company Northeast Utilities Service Group i P. O. Box 128 c/o Mr. Terry L. Harpster  !

Waterford, Connecticut 06385 Director - Nuclear Licensing l 1

Services ,

Mr. J. McElwain P. O. Box 128 l Millstone Unit No. I Nuclear Waterford, CT 06385  ;

i Recovery Officer Northeast Utilities Service Company i P. O. Box 128 <

Waterford, Connecticut 06385 l

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