ML20196F059
| ML20196F059 | |
| Person / Time | |
|---|---|
| Site: | Oyster Creek |
| Issue date: | 02/25/1988 |
| From: | Gallo J GENERAL PUBLIC UTILITIES CORP., HOPKINS, SUTTER, HAMEL & PARK (FORMERLY HOPKINS & |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#188-5706 OM, NUDOCS 8803020025 | |
| Download: ML20196F059 (11) | |
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UNITED STATES OF AMERICA NUCLEAR-REGULATORY COMMISSION 1B RW 29 P3 48 BEFORE THE ATOMIC SAFETY AND' LICENSING BOARD 0FFICE GF ncngus, 00CHEinic ,4 Sgavicg In the Matter of ) BRANCH
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GPU NUCLEAR CORPORATION ) Docket No. 50-219 OM
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(Oyster-Creek Nuclear )
Generating Station) )
Motion to' Withdraw Request For Hearing Mr. Frank Aller, acting through counsel, hereby moves the Atomic Safety & Licensing Board ("Board") to enter an order allowing the withdrawal of the request for hearing in this matter. This Motion is based on an accommodation reached this week with the NRC Staff.
Mr. Aller's request for a hearing was prompted because of several procedural shortcomings perceived by counsel with respect to the November 5, 1987 Confirmatory Order which was issued to GPU Nuclear Corporation as licensee of the Oyster Creek Nuclear Generating Station. The Order was signed by Mr. James M. Taylor, NRC's Ceputy Executive Director,for Regional Operations. A copy is attached as Exhibit A.
The Order, among other things, forbade GPU Nuclear from assigning Mr. Aller, as a member of Shift B, to NRC licensed activities unless and until GPU Nuclear initiated
-action to remove the prohibition. Mr. Aller had no personal right under the Order to initiate such action. Thus, even 880302002S 000225' PDR 0 ADOCK 05000219 0) 4 PDR s
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though the pending investigations ultimately confirmed accept-able performance by Mr. Aller, failure of GPU Nuclear to request his reinstatement, nevertheless, would continue to bar him from performing licensed duties at Oyster Creek. In addition, it was necessary, given the nature of the Order, to request a hearing now to preserve Mr. Aller's right to a hearing should NRC conclude that reinstatement was not appropriate.
Mr. Taylor's February 22 letter, copv attached as Exhibit B, clarifies and defines the procedtra. groundrules intended by the Order. Mr. Taylor's expl3 nation rectifies any concern about Mr. Aller's procedural rights in the circum-stances described in the letter. Accordingly, a hearing at this time is no longer necessary or useful, and Mr. Aller desires to withdraw his request.
Counsel for the NRC Staff has no objection to the grant of the Motion. Counsel for GPU Nuclear Corporation will be submitting a separate reply concurring in the grant of the Motion. For good cause shown, the Motion should be granted.
Respectfully submitted, v
Joseph Gallo Counsel to Frank Aller HOPKINS & SUTTER 1050 Connecticut Avenue, N.W.
Suite 1250 Washington, D.C. 20036 (202) 785-8787 Dated: February 25, 1988 t
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UNITED STATES OF AMERICA "
NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD gfFICE 0' SLOR6 fARY In the Matter of ) hIhC
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GPU NUCLEAR CORPORATION ) Docket No. 50-219 OM
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(Oyster Creek-Nuclear )
Generating Station )
CERTIFICATE OF SERVICE I hereby certify that copies of "Motion to Withdraw Request For Hearing" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, this 25th day of February, 1988:
Helen F. Hoyt, Chairperson Ann P. Hodgdon Administrative Judge Counsel for NRC Staff Atomic Safety and Licensing U.S. Nuclear Regulatory Board Panel Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555 John Wilson, Esq.
GPU Nuclear Corporation Frank F. Hooper i Upper Pond Road Administrative Judge Parsippany, New Jersey 07054 4155 Clark Road Ann _ Arbor, Michigan 48104 Thamas Baxter, Esq.
Shaw, Pittman, Potts &
Elizabeth B. Johnson Trowbridge Administrative Judge 2300 N Street, N.W.
Oak Ridge National Laboratory Washington, D.C. 20037 P.O. Box X, Building 3500 Oak Ridge, Tennessee 37830 Mr. William L. Clements Chief, Docketing and Services Richard W. Goldman, Esq. Office of the Secretary Hunton & Williams U.S. Nuclear Regulatory 2000 Pennsylvania Avenue, N.W. Commission Washington, D.C. 20006 Washington, D.C. 20555
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L. -Atomic' Safety and' Licensing L~. f Boa rd: Panel U.S.' Nuclear Regulatory
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20555 Atomic Safety and. Licensing-
-Appea1. Board Panel U.S.. Nuclear Regulatory Commission Washington, D.C. 20555 L
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i A ^ J Jos,eph Gj/llo- i CoMsel to' Frank Aller t
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%,.....f-NOV 0 rgot l Docket No. 50-219 License No. OPR-16 EA 87-185 GPU Nuclear Corporation ATTN: Mr. P. R. Clark President 100 Interpace Parkway Parsippany, New Jersey 07054 Gentlemen:
Subject:
CONFIRMATORY ORDER Enclosed is a Confirmatory Order, effective inrnediately, confirming commitmen made to the NRC in various' letters concerning the events associated ith (1) the violation of a saf,ety limit at Oyster Creek on Septenter 11,198 . and (2) the subsequent destruction of.a s'e'quence of alarms tape associated w th this event.
Issuance of this order does not preclude the NRC from taking additions enforcement this matter. action upon completion of the ongoing independent investigations In accordance with 10 CFR 2.790 of the NRC's "Rules of Practice," Part 2
- Title 10, code of Federal Regulations, a copy of this letter and the enclosed Order will be placed in the NRC's Public Document Room.
In addition to the
' conreitments set forth in the enclosed Order, you are requested to provide a copy of the Order to each member of Operating Shift '8' that was on duty at the time fo the safety limit violation.
The responses directed by the accompanying Order are not subject to the clearance procedures of the office of Mana the Paperwrk Reduction Act of 1980 Pt. 96gement 511. and Budget, as required by Sincerely,
(
mi LA J s M. Tay1 , Deputy Executive Director
, for Regional Operatfons
Enclosure:
Confirmatory Order
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M. Leggart. 8WR Licensing Manager
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,'Licens'ng Manager, Oyster Creek ate of New Jersey (g 4 -
17'FIED MAIL DINREGEIPTREQUESTED
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UNITED STATES NUCLEAR REGULATORY C0f91!$5!0N la the Matter of
) Oceket No. 50-719 CPU NUCLEAR CORPORATION
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(0yster Creek Nuclear Generating Station) )
CONFIRMATORY ORDER (EFFECTIVE IM1EDTATtty) :
I GPU Nuclear Corporation. Parsippany. New Jersey 07054 (the ' licens holder of License No. OPR ,16 (the ' license") issued by the N l Comission (NRC/Comis.ston') which, Authorizes the licensee to opera
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Oyster Creek Nuclear deneratihg Station in Ocean County. New Jersey, accordance with conditions specified therein. The Itcense was issued on August 1, 1969.
1 st On September 11, 1987, at approxiestely 2:15 a.m., while the reacter was co1d shutdown and Operating shift I was on duty in the control room, a vio tion of the license technical specifications occurred at Oyster Cr the failure to maintain the fac111ty in accordance with Safety Limit 2.1.E d
This safety Limit requires at least two of five recireviation pump suction an
,, ,p discharge valves be in the full open position. Unless the reactor vessel Qib / !) s s ... . -
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Is removed and the reactor is flooded to a level The violation occurred when the reactor operator at the controls control switch for the 8 Rectreulation Lcop discharge valve in the position, in preparation for shutting down the 8 pump as a resu to isolate the Reactor Building Closed Cooling Water (RBCCW)
R8CCW 1eak.
At the time, the discharge valves for the A. O, and E rectreu .
tion loops were closed, and closure of the 8 loop discharge va the violation of the Safety Limit.
The operator was inened,iately aler,t,ed that the safety Ifmit had been '
~ 'olated den he received an alarm in ,the' control room.
In response to that alarm, the operator apparently ietnedtately opened the discharge valves (cr the A an recirculation loops so as to return the plant to a condition within t of the Safety Lin1t.
I Subsequently, during the morning of September 11, 1987., licens concluded that a paper tape record for the Sequence of Alarms Reco en removed, and there might have been an attempt, by a meder or cent he Shift in the control room (Operating Shift 8), to conceal or d ord.
The record provided evidence of a safety Itait violation. The n'see innediately initisted, on September 11, 1987, an internal investiga-
,,and relieved the '8' shift crew of Itcensed duties, pending the results (internel investigation which is being conducted by a consultant.
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In letters from the President of GPU Nuclear Corporation to the NRC, dated September 22, 1967, and October 26, 1987, respectively, the licensee Indicated that the NRC would be notified, and NRC approval obtained, before any members of the 'B' shif t crew were returned to licensed duties. Further, the October 2 letter indicated that a copy of the licensee's investigation report would be provided to the flRC upon its completion. The NRC investigation of this matter is continuing independent of the above mentioned licensee actions and activitie
!Y in view of the importa'nce of [ tko' rough investigation of these events to identify the circumstances associatJd with the Safety Limit violation and st;b-sequent destruction of the Sequence of Alarms record, I have determined that the comitments made in the Septefter 22 and October 26, 1987 letters are i
required in the interest cf public health and safety, and therefore, should be confirmed by an imediately effective Order.
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- In view of the foregoing, pursuant to Sections 103, 161(i), 16)(o) and 182 of the Atomic Energy Act of 1954, as amended, and the Comission's regulations in
'l'0 CFR 2 204 and 10 CFR Part 50, IT 15 HEREBY. ORDEREO, EFFECT THAT THE LICENSE !$ M001FIED AS F0Lt0W5:
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The licensee shall prohibit any menter of the operating S who was on duty on September 11, 1987 from performing licensed dutles unless the licensee notif tes and obtains the approval of the nNRC str Region 1, prior to returning such a person to licensed du 8.
The licensee shall provide the NRC Regional Administrator
, Regien I, a copy of the Investigation Report prepared by or on beha concerning this event upon completion of its investigation.
The Regichel Administrator,' Regio,n,! may relaxtheor term above conditiol1i for good co'ust shoh.
VII The licensee, or any person who is adversely affected , may by this request a hearing within 30 days of the date of this Order. A request for hearing should be clearly marked as a "Request for >eHearing submitted to the Director. 0ffice of Enforcement, U.S. Nucl Comissiory ATTH:
Occket Control Desk. Washington. 0.C.
20555 with copies to the Assistant General Counsel for Enforcement, nthe Region s rater, Region 1, 831 Park Avenue, King of Prussia, PA 19406 and the NRC Resident inspector, Oyster Creek Nuclear Generating Station.
A REQUEST FOR HEARING SHALL NOT STAY THE IMC0! ATE EFFECT!YENESS
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5 If a hearing is requested, the Comissien will issue an Order derignating the time and place of the hearing. If a hearing is held, the issue to be considere at such hearing shall be whether this Order shall be sustained. If a person ether than the licensee requests a hearing, that person shall set forth with particularity the manner in which the petitioner's interest is adversely affected by this Order and should address the criteria set forth in 10 CFR 2.?l4(d). Upon failure of the licensee and any other person adversely affected by this Order to ansur a request for a hearing within the specified time, the Order shall be final without further proceedings. AN ANSWER 70 THl3 GCER OR A REQUEST FOR HCAR'ING SHALL nus STAY THE IlfiEDIATE EFFECT!VEN n <'
FOR THE NUCt. EAR REGUL.ATORY C0K515510N
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a : M. Taylor 4eputy Executive
, tractor for Regional Operations Dated at Bethesda, Maryland this 5th day of November 1987
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EXHIBIT B
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%, % . . + [ February 22, 1988 Docket No. 50-219 License No. DPR-16 EA 87-185 Joseph Gallo, Esq.
Hopkins and Sutter Suite 1250 1050 Connecticut Avenue, NW Washington, DC 20036 Gentlemen:
Based en the meeting you had with the staff on January 28, 1988, I now more clearly understand the concern with the November 5,1987 Confirmatory Order issued to GPU Nuclear Corporation (0yster Creek Nuclear Generating Station) that led to your request for a hearing on behalf of your client Mr. Frank Aller.
Briefly, you were concerned that should NRC review of the presently outstanding investigations of the September 11, 1987 Safety Limit violation at Oyster Creek determine that Mr. Aller's perfomance was acceptable, failure of the facility licensee to request his reinstatement would continue to prevent him frcm performing licensed duties even though he was found not to have been involved in unacceptable performance. In addition, the hearing request was made to preserve Mr. Aller's right to have a hearing should NRC conclude that reinstate-ment was not appropriate.
As explained at the meeting, the November 5,1987 Confirmatory Order was intended by the NRC to remain in effect only until the investigation results have been evaluated.' Should that evaluation indicate your client or any other member of Shift B was not involved in unacceptable actions, the NRC will initiate action to modify the November 5 Order and remove the restrictions for those individuals. If on the other hand, the investigations indicato unacceptable actions on the part of your client or any other person on the operating shift, NRC will modify the November 5 Order and eliminate the restrictions and, in lieu thereof, initiate appropriate enforcement action against the affected individual or individuals. The person (s) involved will be entitled to whatever hearing rights are afforded by the sanctions.
The above being the NRC's intended paths to resolution of this issue, it appears a hearing at this time is premature. It is my understanding that this explanation resolves your concern and on that basis you will withdraw Mr. Aller's hearing request. If m Jim Lieberman at (301)y understanding is not correct, please promptly contact 492-0741.
Sincerely,
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.es M. Taylor, puty Executive Director for gional Operations cc: GPU Nuclear Corporation
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