ML20153D732

Memorandum & Order Dismissing Proceeding for License Amend Re Containment Leak Rate Tests.Commission Declined Review of Director'S Decision DD-85-10.Served on 860221

ML20153D732
Person / Time
Site:	Zion  File:ZionSolutions icon.png
Issue date:	02/19/1986
From:	Lazo R Atomic Safety and Licensing Board Panel
To:
References
CON-#186-160 84-500-06-LA, 84-500-6-LA, DD-85-10, OLA, NUDOCS 8602240231
Download: ML20153D732 (7)

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UNITED STATES OF AMERICA E0

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NUCLEAR REGULATORY COMISSION Before Administrative Judges: W FR 20 P2 '29 Robert M. Lazo, Chairman Oscar H. Paris gl0EF^

Frederick J. Shon NEig. 3:

SERVED FE8 2119er, In the Matter of Docket Nos. 50-295-OLA Commonwealth Edison Company ASLBP No. 84-500-06 LA (Zion Station, Units 1 and 2) )

) February 19, 1986 MEMORANDUM AND ORDER DISMISSING PROCEEDING l The Board has reviewed its docket in this proceeding and notes that on November 13, 1985, Samuel J. Chilk, Secretary of the Comission, informed Dr. Zinovy V. Reytblatt that the Comission had declined any reviewofDirector'sDecision(DD-85-10)inwhichtheDirectorofthe ,

l Office of Nuclear Reactor Regulation denied Dr. Reytblatt's petition pursuant to 10 CFR 2.206 concerning containment leak rate tests performed for all light-water reactors.

i There being no other matter outstanding it is now appropriate to l

terminate this proceeding,

Background

l l On January 12, 1984, the NRC published in the Federal Register (49 Fed. Reg.1584) a Notice of Consideration of Issuance of Amendments to k 5 0

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the Operating Licenses for the Zion Station, Units 1 and 2 and an Opportunity for Prior Hearing. The proposed amendments would revise the provisions in the Zion Technical Specifications regarding the acceptance ~

criteria for containment leakage tests. On February 13, 1984, a timely petition to intervene and request for hearing was filed by Citizens Against Nuclear Power (CANP). The petition asserted that " substantial numbers" of CANP members live within ten miles of the Zion facility and that the health and safety of CANP members would be directly threatened by the proposed amendments increasing the allowable containment leak rate, and specified three specific aspects of the subject matter of the

, proceeding as to which CANP proposed to intervene.

By letter dated February 28, 1984 from Dennis Farrar Director of Nuclear Licensing for Commonwealth Edison Company (Licensee) to Harold Denton, Director of NRC's Office of Nuclear Reactor Regulation, the l Licensee formally requested permission to withdraw its application for the license amendments at issue in this proceeding.

In its March 5,1984 response to the CANP petition the NRC Staff  ;

made note of Licensee's February 28th letter and suggested that the Licensing Board hold CANP's request for a hearing in abeyance pending '

Staff action on Licensee's request to withdraw its application for

• license amendments. Thereafter, Counsel for the NRC Staff informed the Board by letter dated April 27, 1984, that the Director of the NRC's Division of Licensing had on April 18, 1984 granted Licensee's request

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3 to withdraw its amendment application and accordingly, CANP's petition should be denied.

On June 5,1984, CANP submitted to the Commission a Petition for Emergency Relief (Petition). The Petition contended that the Licensee's document " Zion Unit 1 Reactor Containment Building Integrated Leak Rate Test Report," dated April 24, 1981, revealed that repeated efforts were l made to obtain a satisfactory verification test to validate the performance and reliability of the basic test performed on March 12, 1981, at Zion Nuclear Poser Station, Unit 1. The Affidavit of Dr.

Zinovy V. Reytblatt, attached to the Petition, contended that these l repeated efforts to obtain a satisfactory verification test demonstrated that the basic test had been deficient. Consequently, it was alleged l

! that the American National Standards Institute ANSI N45.4-1972 specified in Appendix J to 10 CFR Part 50 was not met and, accordingly, Zion Nuclear Power Station, Unit I was in noncompliance with the Comission's regulations regarding containment leak rate testing. Based on the above allegation, the Petition requested the following relief: (1)thatthe NRC act imediately to remove the threat posed by this situation; (2) that the NRC imediately order Licensee to perform a scientifically valid Containment Integrated Leak Rate Test on Zion Power Station, Unit 1; (3) that the NRC supervise and review this test, and certify both that this test is scientifically valid and performed in accordance with ANSIN45.4-1972;(4) that a copy of all documents containing actual test data, test logs, calculations, graphs, etc., collectea by Licensee or

4 the NRC in the course of this test or its review, be provided on a timely basis to the Petitioner; and (5) that if '(1) through (4) are not or cannot be accomplished, that Zion Nuclear Poser Station, Unit 1 l operating license be suspended.

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As a result of the Petition, the NRC Region !!! Office investigated

! the various allegations contained in the Petition. The regional inspectors performed a special inspection of the 1981 and 1983 Containment Integrated Leak Rate Tests (CILRT) perfonned for the Zion Nuclear Power Station, Unit 1.

The inspection identified discrepancies in the above mentioned CILRT's and, on July 19, 1984, the Region !!! Office notified Licensee that Zion Nuclear Power Station, Unit I was not in compliance with Appendix J to 10 CFR Part 50 and the Zion Nuclear Power Station, Unit 1 Technical Specifications. A copy of the Region's notification was sent to CANP as an enclosure to the Director's letter dated July 30, 1984 acknowledging receipt of the Petition. The Inspection Reports l

documenting the Region !!! Office's inspection findings (50-295/84-11 and50-305/84-11) were also sent to CANP, along with 27 other documents l

in NRC's possession relevant to the CILRTs performed at Zion Nuclear l

i Power Station, Unit 1, by letter dated September 27, 1984.

Upon notification by the Region !!1 Office, Licensee voluntarily ,

shut down Zion Nuclear Power Station, Unit 1 and performed a valid t%p

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CILRT, portions of which were witnessed by Region III inspectors. The results of that inspection are also contained in Inspection Reports 50-295/84-11 and 50-304/84-11.

i The CILRT showed Zion Nuclear Power Station, Unit I containment l

integrity. Consequently, Zion Nuclear Power Station, Unit 1 containment l has been demonstrated to be in compliance with Comission regulations in 10 CFR Part 50, Appendix J.

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! The Director's Decision under 10 CFR 2.206 (DD-85-2) was issued on l January 23, 1985. CANP's Petition was granted in part and denied in part.

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To the extent that the Petition sought innediate NRC action to l

remove any threat posed by unacceptable CILRTs at Zion Nuclear Power Station, Unit 1 such actions were taken and the relief requested by the Petition was granted. To the extent that the Petition sought NRC review of the CILRT conducted at Zion Unit 1 and copies of all documents in the

! possession of the NRC regarding that CILRT, those portions of the I Petition were also granted.

The remainder of the Petition was denied. It was not necessary for the NRC to issue an order in this matter, because Licensee agreed to 1

I take remedial measures similar to those requested upon notification that I

! the plant did not comply with Appendix J.

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The Director's Decision (00-85-2) became the final agency action on March 29, 1985, when the time provided for Consnission review expired.

Meanwhile,bylettersdatedMarch6andMarch8,1985(Petition),

Dr. Reytblatt requested an immediate postponement of containment leak rate tests for all light-water reactors and debugging and revalidation of certain computer software used in determining leak rates. .The Petition further alleged that the Zion Unit 1 containment leak rate test-performed in July 1984 was in error and, therefore, the Petitioner concluded that the Zion Unit 1 leak rates were in excess of regulatory limits.

The Director's Decision Under 10 CFR 2.206 (DD-85-10) was issued on July 3, 1985. CANP's Petition was denied and the Director's Decision l

became the final agency action on November 8, 1985 when the time provided for Comission review expired.

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0RDER l For the foregoing reasons and in consideration of the entire record in this matter, it is this 19th day of February,1986 i

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l l ORDERED -

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1. The Petition to Intervene filed by Citjzens Against Nuclear Power is denied; and .

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2. This operating license amendment p'roceeding is dismissed.

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l i FOR THE ATOMIC SAFETY AND L'ICENSING BOARD l

Robert M.,Lazo, Chairman ADMIP,IStRATIVEJUDGE Dated at Bethesda, Maryland, '

this 19th day of February,1986. /j

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