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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20153G3141998-06-29029 June 1998 Transcript of 980629 Public Meeting Re Peach Bottom Unit 1, Decommissioning Status in Delta,Pa.Pp 1-65.Reporter Certificate Encl ML20249B9981998-06-22022 June 1998 Exemption from Requirements of 10CFR70.24 Re Criticality Accident Requirements. Exemption Authorized ML20247M8801998-05-19019 May 1998 Confirmatory Order Modifying Licenses Effective Immediately. PECO Energy Co Shall Complete Final Implementation of Thermo-Lag 330-1 Fire Barrier Corrective Actions at Peach Bottom Atomic Power Station,Units 2 & 3 ML20216G0321998-03-0404 March 1998 Comment Re Draft RG DG-1071, Std Format & Content for Post- Shutdown Decommissioning Activities Rept. Recommends That Draft RG Be Revised to Accommodate Situations Similar to That Described for Unit 1 ML20198J0931997-12-18018 December 1997 Order Approving Application Re Merger Between Atlantic Energy Inc,& Delmarva Power & Light Co ML20113C6631996-06-24024 June 1996 Comments on Proposed Rule 10CFR50 Re Financial Assurance Requirements for Decommissioning Nuclear Power Reactors ML20115H7061996-06-0404 June 1996 Submits Addl Info to Support Petition for Rulemaking PRM-72-3 Re Amend to SAR ML20083N3971995-04-26026 April 1995 Comment Supporting Proposed GL, Pressure Locking & Thermal Binding of Safety-Related Power-Operated Gate Valves ML20081B3811995-03-0101 March 1995 Comment Supporting Proposed Suppl 5 to GL 88-20, IPEEE for Severe Accident Vulnerabilities ML20059L3201993-11-24024 November 1993 Exemption from Training Requirements of 10CFR50.120 Re Establishment,Implementation & Maintenance of Training Program ML20126F2721992-12-21021 December 1992 Comment Endorsing Positions & Comments of NUMARC & BWROG Re Draft GL, Augmented Inservice Insp Requirments for Mark I & Mark II Steel Containments,Refueling Cavities & Associated Drainage Sys ML20247B6151989-07-19019 July 1989 Memorandum & Order.* Grants Commonwealth of PA Motion Requesting Order Confirming Commonwealth Withdrawal of Petition to Intervene & Proposed Contentions & Terminating Proceeding.W/Certificate of Svc.Served on 890720 ML20246N8071989-06-30030 June 1989 NRC Staff Fourth Status Rept Re Settlement Agreement.* NRC Responded to Agreement,Per Encl ,Advising Licensee That NRC Has No Objection to Agreement Between Licensee & Commonwealth of Pa.W/Certificate of Svc ML20246P2951989-06-29029 June 1989 Notice of Withdrawal & Motion to Terminate Proceeding.* Withdraws 880122 Petition to Intervene & Requests Termination of Proceeding,Per Agreement Between Parties Re Licensee Commitment to Take Actions.W/Certificate of Svc ML20248B4631989-06-0101 June 1989 NRC Staff Third Status Rept Re Settlement Agreement.* Final Agreement Being Prepared,Per 890428 Meeting Resolving Outstanding Issues.W/Certificate of Svc ML20245J2331989-04-28028 April 1989 NRC Staff Second Status Rept Re Settlement Agreement.* Next Status Rept Will Be Filed by 890601.Certificate of Svc Encl ML20247B0641989-04-17017 April 1989 Transcript of 890417 Discussion/Possible Vote in Rockville, MD Re Plant Restart.Pp 1-64.Viewgraphs Encl ML20247A2971989-04-0404 April 1989 Comment Supporting Proposed Rule 10CFR50 Re Ensuring Effectiveness of Maint Programs for Nuclear Power Plants ML20246P6921989-04-0404 April 1989 Requests Party Brief on Support of Appeal of Denial of FOIA Request Re Records of Investigation Into Events Surrounding 870331 Shutdown of Plant ML20248F5411989-03-31031 March 1989 NRC Staff Status Rept Concerning Settlement Agreement.* NRC Informed Commonwealth of PA & Util of Certain Concerns Noted in Review of Settlement Documents Forwarded by .W/Certificate of Svc ML20247A8861989-03-27027 March 1989 Memorandum & Order.* Stays Util Obligation to Respond to Contentions,Per Ongoing Settlement Discussions Between Util & Commonwealth of Pa.Monthly Status Rept Requested.W/ Certificate of Svc.Served on 890327 ML20247A6541989-03-24024 March 1989 Philadelphia Electric Co consented-to Motion to Stay Responses to Commonwealth of PA Proposed Contentions.* Requests That ASLB Stay Util Obligation to Respond to Commonwealth of PA 880824 Contentions.W/Certificate of Svc ML20236B4551989-03-0808 March 1989 Transcript of ACRS GE Reactor Plants Subcommittee 890308 Meeting in Bethesda,Md Re Peach Bottom Restart.Pp 1-129 ML20236B4001989-03-0808 March 1989 Transcript of ACRS GE Reactor Plants Subcommittee 890308 Meeting in Bethesda,Md Re Plant Restart.Pp 130-280. Supporting Documentation Encl ML20235N2611989-02-21021 February 1989 Philadelphia Electric Co consented-to Motion for 30-day Extension to Respond to Commonwealth of PA Contentions.* Requests That Deadline for Response & NRC Response to 880824 Contentions Be Extended by 30 Days.W/Certificate of Svc ML20235J5451989-02-0606 February 1989 Transcript of 890206 Briefing in Rockville,Md Re Status of Plant.Pp 1-49.Supporting Info Encl ML20206L6081988-11-18018 November 1988 Exemption from Schedular Requirements of 10CFR50.54(w) Re Property Insurance Required to Be Carried by Reactor Licensees ML20205R4041988-11-0404 November 1988 Order.* Grants Applicant 881103 Unopposed Motion for 45-day Extension of Time to Respond to Commonwealth of PA Contentions.Served on 881107 ML20205R8161988-11-0303 November 1988 PECO consented-to Motion for 45-day Extension to Respond to Commonwealth of PA Contentions.* Certificate of Svc Encl ML20205Q2061988-10-28028 October 1988 Comment Opposing Petition for Rulemaking PRM 50-52 Re Exemption of Financial Qualifications of Applicants from Review of OL Applications.Petition Presents No Compelling Reason to Amend Current Rules ML20195E6501988-10-24024 October 1988 Comment Supporting Petition for Rulemaking PRM 50-52 Re NRC Reinstatement of Financial Qualifications of Util as Consideration in Operating Licensing Hearings for Electric Utils ML20155F1681988-10-0505 October 1988 Transcript of 881005 Public Meeting in Rockville,Md Re Status of Plant.Pp 1-56.Viewgraphs & Notes Encl ML20155E8931988-10-0303 October 1988 Comment on Proposed Rule 10CFR50.54(w)(5)(i) Re Amending Implementation Schedule for Stabilization & Decontamination Priority & Trusteeship Provisions of Property Insurance Regulations.Nrc Initiated Exemptions Expected Before 881004 ML20154R6491988-09-25025 September 1988 Requests Extension of Comment Period on Proposed Rule 10CFR52 Re Reactor Licensing ML20153H6781988-09-0202 September 1988 Order.* Grants Applicant Unopposed Motion for 60-day Extension of Time to Respond to Commonwealth of PA Contentions.Nrc Also Granted Extension of Time.Served on 880906 ML20153H6901988-09-0101 September 1988 Philadelphia Electric Co Consented to Motion for 60-day Extension to Respond to Commonwealth of PA Contentions.* Certificate of Svc Encl ML20153D0451988-08-24024 August 1988 Supplement to Petition & Statement of Contentions of Commonwealth of Pa.* Requests That Board Grant Petition to Intervene & Request for Hearing on Contentions.Certificate of Svc Encl ML20151U7821988-08-10010 August 1988 Order Modifying License DPR-44,DPR-56,NPF-39 & CPPR-107 for Violations Involving Licensed Operators Sleeping in Control Room,Reading Matls Not Directly Job Related & Otherwise Inattentive to Obligations of License ML20247N7531988-07-28028 July 1988 Petition for Rulemaking PRM-50-53 Requesting NRC Action to Review Undue Risk Posed by BWR Thermal Hydraulic Instability.Nrr Should Issue Order Requiring All GE BWRs to Be Placed in Cold Shutdown for Stated Reasons ML20151G0031988-07-19019 July 1988 Comment on Proposed Rule 10CFR50 Re Cooperation W/States at Commercial Nuclear Power Plants & Other Facilities. Suggests Rev to Policy to Grant Same Rights & Responsibilities to All States within 10 Miles of Plant ML20196B4521988-06-17017 June 1988 Motion for Third Extension of Time in Which to File Contentions.* Granting of Addl Extension of Time of 60 Days Until 880824 for Filing of Contentions in Matter Requested. W/Certificate of Svc ML20195D1681988-06-17017 June 1988 Motion for Third Extension of Time in Which to File Contentions.* Commonwealth of PA Requests That Board Grant Addl Extension of Time Until 880824 for Filing of Contentions.Granted for Licensing Board.Served on 880621 ML20196B9211988-06-0808 June 1988 Comment Supporting Proposed Rule 10CFR50 Re Emergency Planning & Preparedness Requirements for Nuclear Power Plant Fuel Loading & Initial Low Power Operations ML20197E1071988-05-25025 May 1988 Second Motion for Extension of Time in Which to File Contentions.* Served on 880525.Granted for ASLB on 880520 ML20154H7821988-05-19019 May 1988 Second Motion for Extension of Time in Which to File Contentions.* Requests Extension for Filing Until 880620 Due to Continued Discussions Between Util & Commonwealth of Pa. Certificate of Svc Encl ML20151Y4781988-05-0303 May 1988 Order.* Grants Commonwealth of PA 880422 Motion Seeking 30- Day Extension of Time for Filing Contentions & Amends to Petition to Intervene in Proceeding.Served on 880503 ML20151T4841988-04-22022 April 1988 Request for Extension of Time in Which to File Contentions & Supplement to Petition to Intervence & Request for Hearing.* Thirty-day Extension Sought for Listed Reasons. Certificate of Svc Encl ML20151E9391988-04-0808 April 1988 Memorandum & Order (Setting Deadline for Filing of Contentions).* Alters Deadlines in Section 2.714 (a)(3) & (B) of Order to Provide for Filing of Commonwealth Contentions & Amends to 880425 Petition ML20153E7281988-04-0101 April 1988 Order Appointing Licensing Board to Determine If Commonwealth of PA 880122 Petition Has Identified Issues within Scope of License Amends on Which Hearing Requested. Served on 880401 ML20196F5941988-02-24024 February 1988 Comment Supporting Proposed Rule 10CFR62 Re Emergency Access to Low Level Radwaste Disposal Sites.Believes Proposed Criteria Well Developed & Will Be Effective in Maintaining Control of Amount of Radwaste Sent to Sites 1998-06-29
[Table view] Category:PLEADINGS
MONTHYEARML20246P2951989-06-29029 June 1989 Notice of Withdrawal & Motion to Terminate Proceeding.* Withdraws 880122 Petition to Intervene & Requests Termination of Proceeding,Per Agreement Between Parties Re Licensee Commitment to Take Actions.W/Certificate of Svc ML20247A6541989-03-24024 March 1989 Philadelphia Electric Co consented-to Motion to Stay Responses to Commonwealth of PA Proposed Contentions.* Requests That ASLB Stay Util Obligation to Respond to Commonwealth of PA 880824 Contentions.W/Certificate of Svc ML20235N2611989-02-21021 February 1989 Philadelphia Electric Co consented-to Motion for 30-day Extension to Respond to Commonwealth of PA Contentions.* Requests That Deadline for Response & NRC Response to 880824 Contentions Be Extended by 30 Days.W/Certificate of Svc ML20205R8161988-11-0303 November 1988 PECO consented-to Motion for 45-day Extension to Respond to Commonwealth of PA Contentions.* Certificate of Svc Encl ML20153H6901988-09-0101 September 1988 Philadelphia Electric Co Consented to Motion for 60-day Extension to Respond to Commonwealth of PA Contentions.* Certificate of Svc Encl ML20196B4521988-06-17017 June 1988 Motion for Third Extension of Time in Which to File Contentions.* Granting of Addl Extension of Time of 60 Days Until 880824 for Filing of Contentions in Matter Requested. W/Certificate of Svc ML20195D1681988-06-17017 June 1988 Motion for Third Extension of Time in Which to File Contentions.* Commonwealth of PA Requests That Board Grant Addl Extension of Time Until 880824 for Filing of Contentions.Granted for Licensing Board.Served on 880621 ML20197E1071988-05-25025 May 1988 Second Motion for Extension of Time in Which to File Contentions.* Served on 880525.Granted for ASLB on 880520 ML20154H7821988-05-19019 May 1988 Second Motion for Extension of Time in Which to File Contentions.* Requests Extension for Filing Until 880620 Due to Continued Discussions Between Util & Commonwealth of Pa. Certificate of Svc Encl ML20151T4841988-04-22022 April 1988 Request for Extension of Time in Which to File Contentions & Supplement to Petition to Intervence & Request for Hearing.* Thirty-day Extension Sought for Listed Reasons. Certificate of Svc Encl ML20147B9941988-02-0808 February 1988 Comments Opposing Petition of Commonwealth of PA to Intervene & to Request Hearing in Proceeding on Proposed Amends to Ols.Util Concurs W/Nrc That Amends Raise Nshc. Certificate of Svc Encl ML20151Q2351987-11-20020 November 1987 Commonwealth of PA Petition for Hearing.* Public Hearing to Consider Safety Problems & Contemplated Licensing Changes Requested ML20151Q1941987-11-20020 November 1987 Commonwealth of PA Petition for Hearing.* Petition for Public Hearing to Consider Safety Problems & Contemplated Licensing Changes Involved in Commission Proceedings Re Plant Requested ML19273B9911979-05-0202 May 1979 Motion for Reconsideration of ALAB-540 & Severence from Consolidation Established by ALAB-540.Admits Issues Not Raised by Any Party & Departs from Lead Case Procedure Previously Adopted.Certificate of Svc Encl 1989-06-29
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November 20, 1987 4
BEFORE THE - -
U.S. NUCLEAR REGULATORY COMMISSION In the Matter of :
PHILADELPHIA ELECTRIC COMPANY : No. 50-277 & 50-278
- License DPR-44 & DPR-56 (Peach Bottom Atomic Station :
Units 2 and 3) :
COMMONWEALTH OF PENNSYLVANIA'S PETITION FOR HEARING The Commonwealth of Pennsylvania hereby petitions the Nuclear Regulatory Commission for a public hearing to consider the safety problems and contemplated licensing changes involved in the Commission's on-going proceedings concerning the Philadelphia Electric Company's (PECO) Peach Bottom nuclear power plant (Units 2 and 3).
Full public hearings are necessary because of significant safety problems at Peach Bottom. These problems are described in the Commission's order of March 31, 1987, suspending the license.
The Commission noted that poor quality assurance procedures have resulted in breaches of safety rules and "constitute a hazard to the safe operation of the facility." Since this closure order, further investigations have revealed that the safety breaches reflect additional deficiencies in senior management as well as the management structure and working conditions. In response, PECO has submitted tentative proposals which would involve 8808110070 800125 PDR C
ADOCK 05000277 PDR D{( 2 lhh7
significant changes to its facility operating license. The Commission's Staff, however, has accurately described those proposals as not addressing the "fundamental concern" that PECO ,
remains unable to assure that its employees will operate the plant in accordance with regulations and procedures. To assure that the eventual changes comprehensively address the deficiencies in operation, to assure that those changes reflect the views of the Commonwealth and all parties concerned, and to assure public confidence in any resumption of operations, the Commonwealth petitions the Commission to conduct formal hearings into the conditions giving rise to the shutdown order and the measures necessary to assure plant safety.
I.
The problems at Peach Bottom are not of recent vintage.
Since the preparation for start-up of PECO's nuclear power plant at Limerick drained experienced personnel from Peach Bottom, operations at Peach Bottom. have failed to fully meet safety standards. From 1981 to 1987, the Commission's annual Systematic Analyses of Licensee Performance ,(SALP) reports have consistently given Peach Bottom poor performance ratings. During the past several years, the SALP reports have found PECO's performance in certain categories "unacceptable," placing Peach Bottom at or near the bottom in performance ratings of nuclear power plants in the Northeast.
The poor overall performance has been manifested in 2
particular incidents calling for six separate, substantial civil penalties totalling $485,000. The failures giving rise to these penalties assessments have become increasingly serious. .In 1986, for example, following a computer failure that required manual adjustment of control rods, operators failed to follow specifications, creating a significant safety problem. As the 1987 SALP described it, the "root cause" of this incident was "an apparent complacent attitude by operations personnel." The Commission fined PECO $200,000 for this breach. Also J.n 1986, the Commission fined PECO S50,000 for a supervisor's firing of an employee who had expressed concern over safety matters. These incidents and others indicate, in the SALP report's language, "a pattern of inattention to detail, failure to adhere to procedural requirements, and a generally complacent attitude by the operations staff toward performance of their duties."
This pattern of poor performance culminated in even more egregious incidents. In the spring of this year, investigations uncovered that key control room staff have periodically slept on the job or were otherwise inattentive, and that management had "known and condoned" these facts or that they should have known.
On the basis of these incidents and of the previous history of poor operations, the Commission issued an order March 31 of this year shutting Peach Bottom down and requiring the licensee to issue "a detailed and comprehensive plan and the schedule to accomplish the plan to assure that the facility will safely operate and comply with all requirements."
3
- s. .
Far from indicating movement toward comprehensive solutions to this poor history of operation, events and revelations since this order have given rise to further doubts about Peach. Bottom's .
management. Most disturbing of these occurrences are those indicating widespread drug abuse by employees who enjoy access to a wide range of sensitive areas. For example, on May 6, 1987, a controlled substance was discovered at the plant. On September 10, 1987, PECO informed the NRC senior resident inspector that three maintenance department personnel who had access to protected areas were suspected of drug use. On September 30, 1987, a contract employee tried to enter a protected area while intoxicated. On October 4, 1987, a contract employee found a small plastic bag containing a white powdery substance in the parking lot outside a protected area. This bag was turned over to PECO Claims Security for analysis. Five hours later, a security guard found a small pile of white powder on the floor in the men's room inside the guard house. Licensee's testing indicated that the substances were cocaine.
Then, on November 18, 1987, six individuals were indicted for conspiracy to distribute methamphetamine, and the distribution or possession with intent to distribute methamphetamine at the Peach Bottom plant and elsewhere in the York area. Four of the six persons were employees a* The plant.
The otner two were contract employees at the plant. (Exhibit A)
Even apart from these indications of drug use, the operation of the plant during cold shutdown has exhibited the same, 4
apparently endemic, laxity toward safety which characterized s plant operation during power generation. The inspection reports covering April 25 to May 31, 1987, found that an operator who had committed an error was both inadequately trained and had been given inadequate procedures to follow and that a security watchman was found asleep. The NRC received allegations that security personnel were being forced to work "excessive hours and under trying conditions", and an NRC review revealed late meal breaks and extended periods of watch without rotation. More troubling is the NRC's conclusion that PECO's lack of awareness of these problems and inattention to insufficient staffing requirements make it unlikely that PECO will remedy these deficiencies.
Finally, PECO's initial response to the Commission's closure order -- in particular, its proposed "Commitment to Excellence" which suggested that major changes in management were necessary only at the plant level -- indicates that the complacency at the plant level has its origins in corresponding complacency at the corporate level. As the Commission Staff noted in its letter to PECO of October 8, 1987, this report did not address PECO's past inability "to self-identify problems and implement timely and effective corrective actions." In addition, the manner in which j the proposed corrective actions were supposed to address the "root causes" of Peach Bottom's problems were "unclear and inconsistent," and lacked "sufficient detail." The Commonwealth l
believes that this report also oossessed other failings, in 5
,' particular, a failure to address what appears to be at least a i root cause of Peach Bottom's problems, namely, the draining of qualified personnel from Peach Bottom in order td provide competent staff for start-up at the Limerick Generation Station Unit 1. This staf fing shortfall should be adLressed by a long-term, broad-based program to hire, train and retain competent operating personnel and by sufficient staffing to eliminate or minimize overtime during nei:nal operations.
II.
The significant safety hazards suggested by these events and the management failures they reveal necessitate that these liennse modification proceedings include a full public hearing before any resumption of nuclear power operations at the Peach Bottom plant. See 42 U.S.C. Sec. 2239 (Commission must grant hearing in license amendment proceeding on request by affected party unless issues present no significant hazard considerations); 5 U.S.C. Sec. 555 (interested person may petition for relief in connection with any agency proceeding); 10 C.F.R. Sec. 2.206 (any person may request Director of NRC to take action as may be proper). In addition to the issues raised by the NRC to correct the deficiencies noted in its orders, and the SALP reports of past years and this year, this hearing should address at least the following:
- 1. The scope of management reorganization and personnel changes necessary to ensure that poor performance and complacency 6
y .
$ are not tolerated;
- 2. The plant operating procedures and disciplinary rules necessary to ensure that plant operators and support personnel adhere to NRC rules and procedures; ,
- 3. The changes in employee hiring, evaluation, and review practices necessary to address the drug abuse problems;
- 4. The hiring of additional qualified personnel to insure sufficient staffing at all nuclear plants operated by PECO; and
- 5. The adequacy of the final submission by PECO in response
.o the March 31, 1987 suspension order.
The hearing should also address any other concerns uncovered by the NRC or raised by the Petitioner or any other interested parties.
Resp ctfully submitted,
- ' f ,
/
G. __
M6 rey M. Myots Q 3 General Counsel for the Commonwealth of Pennsylvania Richard D. Spiegelman Chief Deputy General Counsel i Office of General Counsel Timothy D. Searchinger PO Box 11775 Deputy General Counsel ;
Harrisburg, PA 17108 (717) 783-6563 Keith Welks Chief Counsel Thomas Y. Au Richard M. Mather
' John R. McKinstry Office of Chief Counsel Assistant Coun.9el PO Box 2357 Department of Environmental Harrisburg, PA 17120 Resources (717) 787-4488 7
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