ML20151N994

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Notice of Issuance of Director'S Decision Under 10CFR2.206, Denying a Bates 880324 Request,On Behalf of Certain Named Individuals,That Commission Issue Emergency Order Suspending Full Power Operation of Facility
ML20151N994
Person / Time
Site: Sequoyah  Tennessee Valley Authority icon.png
Issue date: 08/03/1988
From: Partlow J
NRC OFFICE OF SPECIAL PROJECTS
To:
Shared Package
ML20151N976 List:
References
2.206, DD-88-12, NUDOCS 8808090155
Download: ML20151N994 (2)


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[7590-01]

0D-88-12 NUCLEAR REGULATORY COMMISSION

[DOCKETNOS.50-327AND50-328]

TENNESSEE VALLEY AUTHORITY SEQUOYAH NUCLEAR PLANT, UNITS 1 AND 2

[ LICENSE NOS. OPR-77 AND DPR-79]

ISSUANCE OF DIRECTOR'S DECISION UNDER 10 C.F.R. 9 2.206 Notice is hereby given that the Director, Office of Special Projects, has taken action with regard to Petition for Action under 10 C.F.R. 52.206 received from Mr. Albert Bates, on behalf of certain named individuals, dated March 24, )

1983, with respect to the Seouoyah Nuclear Plant. The Petition requested that the Comission issue an immediate emergency oroer suspending full power operation of the facility until remedial action can be taken. The Petition l asserted as grounds for this request that the licensee has failed to meet the requirements of Regulatory Guides 1.9 and 1.108 with respect to the capacity margin and performance testing of the Emergency Diesel Generator (EDG) system.  !

l By letter dated March 28, 1988, the Director of the Office of Special .

Projects denied the Petitioner's request for emergency action and notified the Petitioner that a decision would be issued regarding the Petitioner's technical concerns. The staff has now completed its evaluation of these concerns and the Director of the Office of Special Projects has determined to deny the Petition.

The reasons for this denial are explained in the "Director's Decision Under 10 C.F.R. 92.206 " (DD-88-12) which is available for public inspection in the Comission's Public Document Room,1717 H Street, N.W., Washington, D.C.

20555. A copy of this decision will be filed with the Secretary for the

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4 Commission's review in acccrdance with 10 C.F.R. 9 2.206(c) of the Commission's Regulations. 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.

Dated at Rockville, Maryland thi3 3rd day of August, 1988. ,

FOR THE NUCLEAR REGULATORY COMMISSION

% uk Janies G. Partlow, Director Office of Special Projects I l l

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Tn. (ets) 944. JJ4 ee4.)na w oppicgg, RL E4W'48071 MCI The Natatal RWs Center MCbMd A satee IM Denho, Lane i P 0. See to . Compv5erve. IMA L 4. set Summertown. Tenneeee M44Mo*0 Hows: 08'8lmh*aR*e'$t to The Pete. sumartown. TN 30443 .

March 24, lv88 Adm. Lando W. Zech, Jr., Chairman Mr. Victor Stallo, Jr., Executive Director for Operations Mr. Thomas Murley, Ofrector of Nuclear Reactor Regulation Mr. Hugh Thompson, Director of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission 1717 H. Street NW _

Washingtr,n DC 20555 AE: Nos. 50-327/328

' Tennessee Valley Authority Sequoyen Nuclear Plant

Dear Sirs:

Pursuant to Title 10, Part 2, Subpart 8 of the Code of Federal Regulations, the below-named individuals and organizations, by counsel undersigned, request immediate emergency action in the form of an order suspending full power operation of the Sequoyah Nuclear Plant until remedial action can be taken.

The basis for this request is the failure of the licensee to meet the requirements of Regulatory Guides 1.9 and 1.108 with respect to the capacity margin and performance testing of the Emergency 01esel Generator (CDG) systes. It is our contention that the failure of this system to meet federal requirements, as set out in greater detail in the March 8,1988 dRC consultant's report attached to SECY-88-82 and in the letters to the Comissioners from Mr. Dallas Hiets dated February 25 and March 10, 1988, which are matters of record in this proceeding, constitutes a fundamental breach of the Commission's duty under the Atomic Energy Act to assure that the healta and safety of the public will not be endangered by the operation of tnis nuclear power plant.

Accordingly, you are notified that if no order suspending operations, or alternatively, any order or advisory from the NRC staff permitting resumption of operation of the facility at power, is forthcoming, the petitioners below will appear before the United States Court of Appeals, seeking an emergency order to provide the requested relief and requesting a full review of the issues presented.

Respectfully,

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