ML20153C625

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Advises That No Immediate Action Necessary in Response to 860201 & 03 Petitions Requesting Immediate Shutdown of Facilities Per 10CFR2.206 & Forwards Fr Notice.Record Copy
ML20153C625
Person / Time
Site: Palo Verde  Arizona Public Service icon.png
Issue date: 02/18/1986
From: Harold Denton
Office of Nuclear Reactor Regulation
To: Bush B, Michael Scott
COALITION FOR RESPONSIBLE ENERGY EDUCATION
References
OL, NUDOCS 8602210300
Download: ML20153C625 (2)


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FEB 181986 Docket Nos.:

50-528 and 50-529 Ms. Barbara S. Bush, Executive Director Mr. Myron L. Scott, Intervention Coordinator Coalition for Responsible Energy Education 315 West Riveria Drive Temtr, AZ 85282

Dear Ms. Bush & Mr. Scott:

' This is to acknowledge receipt of two Petitions from the Coalition for Responsible Energy Education (CREE) filed by you on behalf of CREE. The first Petition, filed on January 17, 1986 and supplemented on January 21

-1986, alleged management incompetence and schedule pressure in the Palo Verde Nuclear Generating Station (PVNGS) nuclear program calling into question the safe conduct of start-up operations and power ascension at PVNGS Unit 2.

The January 17, 1986 Petition and supplement requested issuance to the licensee of an order to show cause why the low power operating license for PVNGS Unit 2 should not be suspended and also requested that further licensing activity be deferred until issues raised in the Petition are resolved. The issues raised in this Petition were, for the most part, based upon the NRC staff December 19, 1985 SALP Report and NRC Inspection Reports.

In fact, the NRC was aware of all of the issues raised in this Petition and has taken steps to deal with them where appropriate.

For example, the NRC has required that the licensee take action to correct identified oeficiencies and improve overall performance in certain areas. With respect to your concerns regarding schedule pressure, this is also an issue of which the NRC is aware.

Indeed, on August 9, 1985, I issu'ed a Director's Decision, DD-85-12, responding to similar concerns raised by you pursuant to 10 CFR 2.206 regarding PVGNS Unit 1.

I then found that neither a fuel load bonus plan of the licensee nor thesincentive regula-tions of the Arizona Corporation Commission compromised safety. While I intend to address the specific issues you raise in this area in my Decision, I decline to take any action at this time based upon favorable past findings in this area and confidence based on current NRC Region V staff inspection

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efforts at Palo Verde that NRC-regulated activities are generally being satis-factorily performed.

I am aware of your Emergency Relief Petition to the Commission of February 1, 1986 requesting relief in the form of an immediate order sus.pending nuclear operation of PVNGS Unit 2 and the PVNGS Unit 2 operating-license issued December 9,1985, until I issue an initial response to your Petitiop dated January 17, 1986. Your February 1st Petition has been referred to me.for response. Since I am providing you with my initial finding that no urgent action need be taken regarding PVNGS Unit 2 to provide reasonable protection to the public, the action y,ou requested of the Commission is unnecessary.

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The second Petition was filed on February 3, 1986 wherein you request immedi-ate shutdown of the PVNGS Unit I reactor and retesting of the conta'inment system, based on alleged inadequacies in testing of that containment. Based on a preliminary review, my staff finds that the containment test for PVNGS Unit 1 performed was in accordance with NRC-approved procedures and met the appropriate acceptance criteria. The test itself was monitored by Region 'l inspection staff and found acceptable. On this basis, I decline to take any immediate action with respect to that Petition.

As indicated above, your Petitions are being handled pursuant to 10 CFR 2.206 of the Commission's regulations. Accordingly, appropriate action will be taken within a reasonable time.

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Enclosed for your information is a copy of a Notice that will be sent to the Office of the Federal Register for publication.

Sincerely, l

k Harold R. Denton, Director Office of Nuclear Reactor Regulation

Enclosure:

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. The second Petition was filed on February 3,1986 wherein you request immedi-ate shutdown of the PVNGS Unit I reactor and retesting of the containment system, based on alleged inadequacies in testing of that containment. Based on a preliminary _ review, my staff finds that the containment test for PVNGS '

Unit 1 performed was in accordance with NRC-approved procedures and met the appropriate acceptance criteria. The test itself was monitored by Region V inspection staff and found acceptable. On this basis, I decline to take any immediate action with respect to that Petition.

As indicated above, your Petitions are being handled pursuant to 10 CFR 2.206 of the Commission's regulations. Accordingly, appropriate action will be taken within a reasonable time.

Enclosed for your information is a copy of a Notice that will be sent to the Office of the Federal Register for publication.

Sincerely,

/s/

Harold R. Denton, Director Office of Nuclear Reactor Regulation

Enclosure:

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NUCLEAR REGULATORY COMMISSION

[DocketNos. 50-528,50-529]

ARIZONA PUBLIC SERVICE COMPANY, ET AL

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[Palo Verde Nuclear Generating Station, Units Nos.1 & 2]

Receipt of Requests for Action under 10 CFR 2.206 Notice is hereby given that, by a Petition dated January 17, 1986 and

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supplemented January 21, 1986, and February 1, 1986, Barbara Bush and Myron Scott, on behalf of the Coalition for Responsible Energy Education (CREE),

requested-that the Nuclear Regulatory Commission suspend the low power operat-ing license for Palo Verde Nuclear Generating Station (PVNGS) Unit 2 of the Arizona Public Service Co., et al (Licensee) and defer any further licensing action with respect to Unit 2 pending resolution of a number of issues raised by the Petitioner. The Petitioner alleges that management incompetence and schedular pressure in the PVNGS Nuclear Program calls into question the safe conduct of start-up operations and power ascension at PVNGS Unit 2.

Relief requested-includes a nearing to resolve the issues raised in the Petition of

~January 17, 1986, as supplemented January 21, 1986, and init'iation of a special NRC Inspection and Oversight Team to closely monitor the Licensees' activities in the future.

A second Petition dated February 3, 1986 alleges that the containment leak test of PVNGS Unit I was not conducted in accordance with the applicable NRC regulations. Reliefrequestedincludesimmediateshutdownoftgereactor, retest of the containment using test procedures complying with all a'pplicable i

2-NRC requirements, and placement of all test data associated with containment leak rate testing at PVNGS into the public domain.

'1 The Petitions are being handled as requests for action pursuant;to 10 CFR 2.206 and, accordingly, appropriate action will be taken on the Petitions within a reasonable time.

Copies of the Petitions are available for public inspection and the Commis-sion's Public Document Room at 1717 H Street, N.W., Washington, D.C.

20555 and at the Phoenix Public Library, Business, Science and Technology Depart-ment, 12 East McDowell Road, Phoenix, AZ 85004.

Dated at Bethesda, Maryland this 18th day of February 1986.

FOR THE NUCLEAR REGULATORY COMMISSION l

M Harold R. Denton, Director Office of Nuclear Reactor Regulation 4

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- - ~ ~ - - - - -, _. - -,. - - - -, - - - - -. - - -. - - - - - -,

Mr. E. E. Van Brunt, Jr.

Arizona Nuclear Power Project Palo Verde cc:

Arthur C. Gehr. Esq.

Kenneth Berlin, Esq.

Snell & Wilmer Winston & Strawn 3100 Valley Center Suite 500 Phoenix, Arizona 85073 2550 M Street, NW Washington, DC 20037 Mr. James M. Flenner, Chief Counsel Arizona Corporation Comission Ms. Lynne Rernahei 1200 West Washington Government Accountability Project Phoenix, Arizona 85007 of the Institute for Policy Studies 1901 Que Street, NW Charles R. Kocher, Esq. Assistant Washington, DC 20009 Council James A. Boeletto, Esq.

Southern California Edison Company Ms. Jill Morrison P. O. Box 800 522 E. Colaate Rosemead, California 91770 Tempi, Arizona 85238 Mr. Mark Ginsberg Mr. Charles B. Brinkman, Manager Energy Director Washington Nuclear Operations Office of Economic Plannino Combustion Engineering, Inc.

and Development 7910 Woodmont Avenue Suite 1310 1700 West Washington - 5th Floor Bethesda, Maryland 20814 Phoenix, Arizona 85007 Mr. Wayne Shirley Mr. Ron Rayner Assistant Attorney General P. O. Box 1509 Bataan Memorial Building Goodyear, AZ 85338 Santa Fe, New Mexico 87503 Mr. Roy Zimerman U.S.. Nuclear Regulatory Commission P. O. Box 239

~ Arlington, Arizona 85322 Ms. Patricia Lee Hourihan 6413 S. ?6th Street Phoenix, Arizona 85040 l

Regional Administrator, Reoton V U. S. Nuclear Regulatory Comission 1450 Maria Lane Suite 210 Walnut Creek, California 94596

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