ML20153A973

Forwards Petition Filed by Ohio Citizens for Responsible Energy,Inc Requesting Actions Including Immediate Suspension of Const Permit & OL for Facility Based on Seismic Concerns, for Review & Concurrence,Per 10CFR2.206

ML20153A973
Person / Time
Site:	Perry
Issue date:	02/22/1988
From:	Chandler L NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Murley T Office of Nuclear Reactor Regulation
Shared Package
ML20150C727	List: ML20150C724 ML20153A903 ML20153A932 ML20153A973
References
2.206, NUDOCS 8807120672
Download: ML20153A973 (6)

Text

s M Cyi, ' b%h t, i , &( @ ttu .g UNITED STATES E g NUCLEAR REGULATORY COMMISSION 5 <j WASHINoTON, D. C. 20555

%, # February 22, 1988 MEMORANDUM FOR: Tthwnes E.iMdiey7DirectoQ _ _

iOffice ofsNuclear Reactore Regulation j,)

FROM: Lawrence J. Chandler Assistent General Counsel for Enforcement Office of the General Counsel

SUBJECT:

PETITION PURSUANT TO 10 C.F.R. SECTION 2.206 REQUESTING ACTIONS INCLUDING IMMEDIATE SUSPENSION OF THE CONSTRUCTION O PERMIT AND OPERATING LICENSE FOR THE PERRY NUCLEAR UNITS BASED ON SEISMIC CONCERNS By a Petition submitted pursuant to 10 C.F.R. Section 2.206 and dated January 22, 1988, Ohio Citizens for Responsible Energy, Inc. (Petitioner) requested that the Director of the Office of Nuclear Reactor Regulation take a l variety of actions with regard to the Perry Nuclear Power Plant, Units 1 and 2, of the Cleveland Electric illuminating Company, et al. (Licensees). The Petition alleged inadequacy in the seismic design of the Perry facility based largely upon an analysis of data and evaluations which have been performed in response to the January 31, 1986 earthquake which occurred near the Perry facility. The analysis was performed by Dr. Yash Aggarwal and his

! affidavit and report are attached to the Petition. Bued on this analysis, the Petitioner alleges' that the design of the Perry facility falls to compty with various provisions of 10 C.F.R. Farts 50 and 100.

Immediate relief sought is suspension of the construction permit for Perry Unit 2 and suspension of the operating license for Perry Unit 1. In addition, the Petitioner requests that the Licensees be required to conduct additional I

geologic and geophysical research, conduct evaluations to assess the degree to which the facility can withstand the appropriate Safe Shutdown Earthquake (SSE) which the Petitioner suggests is a magnitude 6.5 earthquake, and take ,

corrective actions as needed. Finally, Petitioner requests that the NRC i conduct a public adjudicatory hearing to determine whether the Licensees' corrective actions are sufficient.

The Jt nuary 31, 1986 earthquake has been the subject of an earlier Director's l Decision which addressed concerns raised by this same Petitioner. See Cleveland Electric illuminating . Company, et al. (Perry Nuclea Power Plant, l Units 1 & 2), DD-86-4, 23 NRC 211 (1986). Consequently, this most recent l Petition should be reviewed to see if any issues are raised which were not addressed in the earlier Director's Decision.

CONTACT

Richard K. Hoefling, OGC 492-1690 8807120672 880622 PDR ADOCK 05000440 G PDR i

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As the Petition requests immediate action, the acknowledgement letter should address the need to take any immediate actions pending further consideration of issuesf ralsed in the Petition. My staff will work with your staff to develop an appropriate 'etter in this regard.

Enclosed for your use are:

1. A draft acknowledgement letter which will require substantive input from your staff.

2. A draft Notice of Receipt of the Petition for pubilcation in the Federal Register, and

3. The original Petition submitted in this matter.

Shculd you determine, . following review of this Petition, that additional information from the Licensees regarding the subject of the Petition would be useful to you in the preparation of a Director's Decision, such additional information may be. solicited from the Licensees by utilizing 10 C.F.R. Section 50.54(f) Snd Section 182 of the Atomic Energy Act, it is my understanding that the Licensees plan to submit an unsolicited response to this Petition.

Please provide us with r.oples of all documents related to the Petition. 'Also please place our Office on concurrence for all correspondence initiated by the staff and related to this Petition.

r L wrence . C an Ier Assistan General Counsel for Enforcement Office of the General Counsel

Enclosures:

As stated cc: w/ enclosures W.Olmstead, OGC C.Woodhead, OGC T.Colburn, NRR ,

L. Reiter, NRR B. Davis, Rlli B.Berson, Rlli

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Docket Nos. 50-440 50 441 (10 C.F.R. Section 2.206)  !

Ms. Susan L. Hlatt Ohio Citizens for Responsible Energy, Inc.

8275 Munson Road Mentor, OH 44060

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 C.F.R. Section 2.206 and sought a variety of relief including immediate suspension of the outstanding construction permit and operating license for the Perry Nuclear Power Plant, Units 1 and 2, of the Cleveland Electric illuminating Company, et al. (Licensees) based on alleged deficiencies in the seismic design of the facility. The Petition's allegations are based largely upon an analysis of data and evaluations which had been performed in response to the January 31, 1986 earthquake which 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 Petilloner's request for immediate suspension of the outstanding permit and license, I decline to take such action. The January 31, 1986 earthquake has been closely studied by the NRC prior to issuance of the operating license for Perry Unit I 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 an earlier Petition submitted by you on behalf of the Petilloner which raised concerns regarding the January 1986 earthquake. See Cleveland Electric illuminating Company, et al. (Perry Nuclear Power Plant, Units 1 and 2), D D-8 6-4, 23 NRC 211 (1985). The Director concluded that the seismic design and seismic qualification program for the Perry facility were adequate. Given the past attention that the NRC has given this matter including specific findings of adequacy with regard to the Perry facility and a prel'minary review of the material presented in the Petition, I decline to take any Inimediate actions. [NRR TO MODIFY THIS PARAGRAPH AS REQUIRED)

The NRC will continue to review the Petition ano I will Issue a formal decision with regard to it in the reasonably near future. I note thut 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

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3 , +-%I matter when I issue my formal decision. However,10 C.F.R. Section 2.206 does not provide 13 any person the opportunity of right to submit .esponses.

Consequently, I do not Intend to await any respon.;es 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 flied for publication with the Office of the Feaeral Register is enclosed for your information.

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

Enclosures:

As stated cc: Licensees Jay E. Silberg, Esq.

Shaw, Pittman, Potts & Trowbridge 2300 N. Street, N.W.

Washington, D.C. 20037

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(7590-01]

NUCLEAR REGULATORY COMMISSION I

(Docket Nos. 50-440,50-441)

CLEVELAND ELECTRIC ILLUMINATING COMPANY, ET AL.

(PERRY NUCLEAR POWER PLANT, UNITS 1 AND 2)

RECEIPT OF PETITION FOR DIRECTOR'S DECISION UNDER 10 C.F.R. 2.206-Notice is hereby given that, by a Petition pursuant to 10 C.F.R. Section 2.206 dated January 22, 1988, Ohio Citizens for Responsible Energy, Inc.

(Petitioner) requested a variety of relief including that the construction permit and operating license for the Perry Nuclear Power Plant, Units 1 and 2 of the Cleveland Electric illuminating Company, et al. licensees) be immediately -suspended for alleged deficiencies in seismic design. The Petition's allegations are based largely upon an analysis of data and evaluations which had been performed in response to the January 31, 1986 earthquake which occurred near the Perry facility.

The Petition is being treated pursuant to 10 C.F.R. Section 2.206 of the .

Commission's regulations, and, accordingly, appropriate action will be taken on the request within a reasonable time. A copy of the Petition is available f

for inspection in the Commission's Public Document Room, 1717 H Street, N.W., Washington, D.C. 20555 and at the Local Public Document Room for the Perry facility located at the Perry Public Library, 3753 Main Street, Perry, i Ohio 44081.

FOR THE NUCLEAR REGULATORY COMMISSION Thomas E. Murley, Director Office of Nuclear Reactor Regulation j Dated at Rockville, Maryland this day of February, 1988.

, REGULATORY INFORMATION DISTRIBUTION SYSTEM (RIDS)

ACCESSION NDR: 8803080233 DOC. DATE: 88/03/02 NOTARIZED: NO DOCKET #

FACIL*: 50-440 Perry Nuc lear Power Plant, Unit 1, Cleveland Electric 05000440 50-441 Perry Nuclear Power Plant, Unit 2, Cleveland Electric 05000441 AUTH.NAME AUTHOR AFFILIATION MURLEY,T.E. Office of Nuclear Reactor Regulation. Director (Post 870411 RECIP.NAME RECIPIENT AFFILIATION HIATT,S.L. Ohio Citizens for Responsible Energy

SUBJECT:

Ack receipt of 880122 petition, seeking immediate suspension of licensee outstanding CP & OL for plant based on alleged deficiencies in seismic design. Director concluded that seismic design & seismic qualification program adequate.

DISTRIBUTION CODE: DSO7D COPIES RECEIVED: LTR __ ENCL _ SIZE: bb TITLE: SECY/DSD Dist: ELD Filings (Non-Antitrust)

NOTES: Application for permit renewal filed. 05000440 RECIPIENT COPIES RECIPIENT COPIES ID CODE /NAME LTTR ENCL ID CODE /NAME LTTR ENCL PD3-1 1 1 PD3-1 PD 1 1 cf"COLUURN, 1 1 ZNTERNAL: NUDOCS 1 1 OGC H ST 1 1 RGN3 1 1 EXTERNAL: LPDR 1 1 NRC PDR 1 1 I

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TOTAL NUMBER OF COPIES REGUIRED: LTTR 8 ENCL 8 l

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DISTRIBUTION:

NRC & Local PD NAR 0 21989 DocketFilesw/ incoming 0 ltr.

d'f ED0f003493 00cKET USNRC E00 Reading TMurley/JSneizek TMartin, NRR Docket Nos. 50-440 FMiraglia KPerkins 50-441 GHolahan g g 4 g$8Gillespie DCrutchfield PKreutzer (10CFRSection2.206) TColburn GPA/PA DMossburg, Pt56g#pQg)'- VStello PDIII-3 r/f Ms. Susan L. Hiatt DHagan DOCK i

Ohio Citizens for Responsible Energy, Inc. BillClements,SECYNc"' OGC-WF1 8275 Munson Road JLieberman ASLAB Mentor, OH 44060 ASLBP S(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 niy office. The Petition was submitted pursuant to 10 CFR Section 2.206 and sought a variety of relief, including ininediate 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) nr 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 perfortned for the Petitioner by Dr. Yash Aggarwal, ano his affidavit and report are attached to the Petition.

With respect to the Petitioner's request for ininediate 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 Perry 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 had been submitted by you on behalf of the Petitioner and the other was submitted by Donald L. Schleniner on behalf of Western Reserve Alliance. See Cleseland 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 immediate actions.

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i M's. Susan L. Hiatt .

The NRC will continue to review the Petition, and I will issue a for, mal 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 infomation before me in this matter when I issue my fomal Decision. However, 10 CFR Section 2.206 does not provide to any person the opportunity of right to submit responses. Consequently, I do not ir, tend 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 publication with the Office of the Federal Register is enclosed for your information.

Sincerely, .g

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

Enclosure:

As stated cc: Mr. Alvin Kaplan, Vice President Nuclear 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

• PREVIOUSLY CONCURRED Office: LA/PDIII-3* PM/PDIII-3* PD/PDIII-3* PPMB*

Surname: PKreutzer TColburn/tg KPerkins AThomas Date: 2/26/88 2/26/88 2/26/88 2/29 8 Office: ESGB* OGC* AD/DRSP*

Surname: GBagchi RHoefling GHolahan d Date: 2/2 /88 2/29/88 2/29/88 // /88

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Office: ff 'M Surname: @lia urley Date: ,y / /88

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7590-01 NUCLEAR REGULATORY COMMISSION (DocketNos.50-440and50-441)

CLEVELAND ELECTRIC ILLUHINATING COMPANY, ET AL.

(PERRY NUCLEAR POWER PLANT, UNITS 1 AND 2)

RECEIPT OF PETITION FOR DIRECTOR'S DECISION UNDER 10 CFR 2.206 Notice is hereby given that, by a Petition pursuant to 10 CFR Section 2.206 dated January 22, 1988, Ohio Citizens for Responsible Energy, Inc.

(Pctitioner) requested a variety of relief including that the construction pennit 2nd operating license for the Perry Nuclear Power Plant, Units 1 and 2 of the Cleveland Electric Illuminating Company, et al. (licensees) be imediately suspended for alleged deficiencies in seismic design. The Petition's allegations are based largely upon an analysis of data and evalu0tions which had been I performed in response to the January 31, 1986 earthquake which occurred near the Perry facility.

The Petition is being treated pursuant to 10 CFR Section 2.206 of the Commission's regulations, and, accordingly, appropriate cction will be taken on the request within a renonable time. A copy of the Petition is available for inspection in the Comission's Public Document Room,1717 H Street, N. W.,

Washington, D.C. 20555 and at the local Public Docu.nent Room for the Perry facility located at the Perry Public Library, 3753 Main Street, Perry, Ohio l

44081.

l FOR THE NUCLEAR REGULATORY COMMISSION f

l Thomas E. Murley, Director Office of Nuclear Reactor Regulation Dated at Rockville, Maryland this 2nd day of March 1988.

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%<4 UNITED STATES P .y 1 NUCLEAR REGULATORY COMMISSION DISTRIBUTJ0]9 l/ /,g W ASHINGTON, D.C. 20$ 55 Docket F1.es

• PDIII-3 r/f Harch 3, 1988 PKreutzer.

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90CKET NO. $G.44(1 .}TColburn p .

Rules and Procedures Branch MEMORANDUM FOR: DMsm of Rules and Recceds Office of Administracon and Resources Management FROM: Office of Nuclear Reactor llegulation

SUBJECT:

RECEIPT OF PETITION FOR DIRECTOR'S DECISION UNDER 10 CFR 2.206 FOR CLEVELAND ELECTRIC ILLU'4IHATING COMP /M, ET AL. (PERRY NUCLEAR POWER PLANT UNITS 1 AND 2)

One signed original of the Federal Register botice identified below is enclosed for your transmittal to the Of fice of the Federal Register for publication. Additional conformed copies ( 6 )of the Notice are enclosed for your use.

Notice of Receipt of Application for Construction Permit (s) and Operating License (s).

Notice of Receipt of Partial Application for Construction Permit (s)and Facility License (s): Time for Submission of Views on Antitrust Matters.

Notice of Cons!deration of issuance of Amendment to Facility Operating License.

Notice of Receipt of Application for Facility License (s); Notice of Availability of ApplicanPs Environmental Report; a.1d Notice of Consideration of Issuance of Facility License (s) and Notice of Opportunity for Hearing.

Notice of Availability of NRC Draf t/ Final Environmental Statement.

Notice of Limited Work Authorization.

Notice of Availability of Safety Evaluation Report.

Notice of issuance of Construction Permi:(s).

Notice of issuance of Facility Operating License (s) or Amendment (s).

Order.

Exemption.

Notice of Granting Exemption.

Environmental Assessment.

Notice of Preparation of Environmental Assessment.

Other: Reteipt nf P4titiOfLbr OirCCtOr'S DCCliiO!L 4Jnder 10 CFR 2.205 l

Division of Reactor Projects l Of fice of Nuclear Reactor Regulation 1

Enclosure:

l As stated

Contact:

p, gppgtyer l

X21392 PDIII,3 PKfectzer l'a /1 /RA 1

7590-01.

NUCLEAR REGULATORY COMMISSION (DocketNos.50-440and50-441)

CLEVELAND ELECTRIC ILLUMINATING COMPANY, ET AL.

(PERRY NUCLEAR POWER PLANT, UNITS 1 AND 2)

RECEIPT OF PETITION FOR DIRECTOR'S DECISION UNDER 10 CFR 2.206 Notice is hereby given that, by a Petition pursuant to 10 CFR Section 2.206 dated January 22, 1988, Ohio Citizens for Responsible Energy, Inc.

(Petitioner) requested a variety of relief including that the construction pennit and operating license for the Perry Nuclear Power Plant, Units 1 and 2 of the Cleveland Electric Illuminating Company, et al. (licensees) be ininediately suspended for alleged deficiencies in seismic design. The Petition's allegations are based largely upon an analysis of data and evaluations which had been performed in response to the January 31, 1986 earthquake which occurred near 1 the Perry facility.

• The Petition is being treated pursuant to 10 CFR Section 2.206 of the Comission's regulations, and, accordingly, appropriate action will be taken on the request within a reasonable time. A copy of the Petition is available for inspection in the Comission's Public Document Room 1717 H Street, N. W.,

Washington, D.C. 20555 and at the local Public Document Room for the Perry facility located at the Perry Public Library, 3753 Main Street, Perry, Ohio 44081.

FOR THE NUCLEAR REGULATORY COMMISSION

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Thomas E. Murley, Director Office of Nuclear Reactor Regulation Dated at Rockville, Maryland i this 2nd day of March 1988.

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