ML20147G450
| ML20147G450 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 03/02/1988 |
| From: | Murley T Office of Nuclear Reactor Regulation |
| To: | Hiatt S OHIO CITIZENS FOR RESPONSIBLE ENERGY |
| Shared Package | |
| ML20147G454 | List: |
| References | |
| CON-#188-5744 2.206, NUDOCS 8803080233 | |
| Download: ML20147G450 (2) | |
Text
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DISTRIBUTION: r -
MAR 0 21988
- Docket Files; / incoming ltr A NRC & Local PDRs EDO#003493 ED0 Reading TMurley/JSneizek TMartin, NRR Docket Nos. 50-440 Fhiraglia KPerkins 50-441 GHolahan Gillespie DCrutchfield PKreutzer (10 CFR 5ection 2.206)
TColburn GPA/PA DMossburg, PMAS (ED0#003493)
PDIII-3 r/f Ms. Susan L. Hiatt DHagan VStello Ohio Citizens for Responsible Energy, Inc.
BillClements,SECY(5)
OGC-WF1 8275 Munson Road JLieberman ASLAB Mentor 0H 44060 ASLBP ACRS(10)
JResner(2)(W-501)
Dear Ms. Hiatt:
This is to acknowledge receipt of a Petition dated January 22, 1988 filed by you on behalf of the Ohio Citizens for Responsible Energy, Inc. (Petitioner) with my office. The Petition was submitted pursuant to 10 CFR Section 2.206 and sought a variety of relief, including imediate suspension of the out-standing construction permit and operating license for the Perry Nuclear Power Plant, Units 1 and 2, of the Cleveland Electric Illuminating Company, et al. (Licensees) on the basis of alleged deficiencies in the seismic design of the facility. The Petition's allegations are based largely upon an analysis of data and evaluations that had been performed in response to the January 31, 1986 earthquake that occurred near the Perry facility. The analysis was performed for the Petitioner by Dr. Yash Aggarwal, and his affidavit and report are attached to the Petition.
With respect to the Petitioner's request for immediate suspension of the out-standing permit and license, I decline to take such action.
The January 31, 1986 earthquake was closely studied by the NRC prior to issuance of the opera-ting license for Pe.rry Unit 1, and the seismic design was found adequate. The Director of the Office of Nuclear Reactor Regulation also issued a Director's Decision in response to two earlier Petitions that raised concerns regarding the January 1986 earthquake. One of these nad been submitted by you on behalf of the Petitioner and the other was submitted by Donald L. Schlemrrer on behalf of Western Reserve Alliance. See Cleveland Electric Illuminating Company, et al. (Perry Nuclear Power Plant, Units 1 and 2), 00-86-4, 23 NRC 211 (1986).
In that decision, the Director concluded that the seismic design and seismic qualification program for the Perry facility were adequate.
In light of the past attention that the NRC has given this matter, including the specific findings of adequacy with regard to the Perry facility and a preliminary review of the material presented in the Petition I decline to take any inr.ediate actions.
8803080233 880302 PDR ADOCK 05000440 P
Ms.' Susan L. Hiatt The NRC will continue to review the Petition, and I will issue a formal Decision with regard to it in the reasonably near future.
I note that the Petition seeks to reserve the right to reply to responses to the Petition made by the Licensees.
I will certainly consider all the information before me in this matter when I issue my for:nal Decision. However, 10 CFR Section 2.206 does not provide to any person the opportunity of right to submit responses. Consequently, I do not intend to await any responses you may contemplate filing if I believe I have sufficient information to reach a decision in-this matter. A copy of the notice that is being filed for publicatior, with the Office of the Federal Register is enclosed for your information.
Sincerely, ong n m u.
arleyj Thomas E. Murley, Director Office of Nuclear Reactor Regulation
Enclosure:
As stated cc: Mr. Alvin Kaplan, Vice President Muclear Group The Cleveland Electric Illuminating Company 10 Center Road Perry, Ohio 44081 Jay E. Silberg, Esq.
Shaw, Pittman, Potts & Trowbridge 2300 N. Street N. W.
Washington, D. C.
20037 i
- PPEVIOUSLY CONCURRED Office:
LA/PDIII-3*
PM/PDIII-3*
PD/PDIII-3*
PPMB*
Surname: PKreutzer TColburn/tg KPerkin3 AThomas Date:
2/26/88 2/26/88 2/26/88 2/29 Office:
ESGB*
OGC*
AD/DRSP*
. bid Surname: GBagchi RHoefling GHolahan Date:
2/26/88 2/29/88 2/29/88
///88 Office:
Surname:
FM lia T urley Date:
J / /88 th}/98 1
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