ML20198D880

Forwards Notice of Receipt of Petition for Director'S Decision Under 10CFR2.206.Petition Requests EA to Require an Immediated Shutdown of Plant,Unit 1

ML20198D880
Person / Time
Site:	Perry
Issue date:	12/16/1998
From:	Collins S NRC (Affiliation Not Assigned)
To:	Lochbaum D UNION OF CONCERNED SCIENTISTS
Shared Package
ML20198D884	List: ML20198D880 ML20198D944 ML20198D971
References
2.206, NUDOCS 9812230270
Download: ML20198D880 (6)

Text

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• , UNITED STATES jg j g

NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. was m l

k * * * * * ,d December 16, 1998 Mr. David A. Lochbaum Union of Concemed Scientists 1616 P Street, NW, Suite 310 Washington, DC 20036-1495

Dear Mr. Lochbaum:

I have received the Petition that you submitted on behalf of the Union of Concemed Scientists (UCS), dated November 9,1998, addressed to Dr. William Travers, Executive Director for Operations, U.S. Nuclear Regulatory Commission (NRC). The Petition requests enforcement action to require an immediate shutdown of the Perry Nuclear Power Plant (PNPP), Unit No.1 and that the facility remain shut down until all failed fuel assemblies are removed from the reactor core. You also stated that as an attemate action, PNPP could be restarted following the proposed shutdown after its design and licensing bases were updated to permit operation with failed fuel assemblies. Additionally, the Petition requested a public hearing to present new plant-specific information regarding the operation of PNPP, as we5 as to discuss a UCS report dated April 2,1998, entitled " Potential Nuclear Safety Hazard / Reactor Operation With Failed Fuel Cladding."

As the basis for your request, you cited the NRC's Weekly information Report for the week ending October 30,1998, that describes the apparent existence of two pin hole fuelleaks at the Perry facility, in your opinion, operation with one or more failed fuel assemblies is not permitted by the Perry design and licensing bases. In addition, you also stated that by operating with possible failed fuel cladding, PNPP is violating its licensing basis for the radiation worker protection (as low as reasonably achievable [ALARA)) program. You have referred to NRC Information Notice No. 87-39, " Control of Hot Particle Contamination at Nuclear Plants," which describes how continued operation with degraded fuel may elevate radiation exposure rates for plant employees. You have noted that the licensee has the option of shutting down the facility to remove the failed fuel assemblies but has chosen to continue plant operation.

Your Petition further reasserted the UCS position that nuclear power plants operating with. fuel <

cladding failures were potentially unsafe and were in violation of Federal regulations. In its April 1998 report, the UCS stated that it has not been demonstrated that the effects from design-bases transients and accidents (e.g., hydrodynamic loads, fuel enthalpy changes, etc.) prevent pre-existing fuel failures from propagating. Therefore, you concluded that it was possible that "significantly more radioactive material will be released to the reactor coolant system during a transient or accident than that experienced during steady state operation. Thus, the existing design bases accident analyses for Perry do not bound its current operation with known fuel cladding failures."

When the staff received your Petition, it conducted a preliminary evaluation to determine if an urgent safety issue was involved that warranted the requested action. Although you raised t

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~ David A. Lochbaum I important concerns in your Petition, the staff has concluded that the Petition uncovered no urgent safety problems that warranted immediate action by the NRC. Technical Specifications (TS) limits on reactor coolant system (RCS) activity typically account for a small fraction of failed fuel, which can occur during normal operations. These limits artir set to values of RCS-specific l activity, which ensure that the radiological consequences of postulated design- basis accidents are within the appropriate dose acceptance criteria. At PNPP, operation with a minimal amount l of fuel cladding damage is allowed, provided the licensee continues to meet RCS chemistry j requirements of TS Section 3.4.8. Furthermore, the Petition did not include any information indicating that PNPP has operated outside its TS limits. Consequently, your request for enforcement action to require the immediate shutdown of PNPP is denied.

The licensee has taken actions to address the suspected condition of the fuel assemblies, l including the insertion of control rods to " isolate" the fuel assemblies in order to minimize reactor coolant activity levels. The NRC has been monitoring RCS activity at PNPP and will continue to ,

ensure that there is no undue risk to public health and safety, in your Petition, you also requested that the NRC conduct an informal public hearing in order to "present new information on reactor operation with failed fuel assemblies" as a followup to the j

' April 1998 UCS report, as well as to provide plant-specific information regarding the operation of l PNPP. To ensure that potential issues relating to this material are appropriately addressed, the I NRC is hereby offering you an opportunity to present the new information referred to in your Petition at an informal public hearing. The public hearing will also allow the licensee and the public to p esent other pertinent information, as well as provide a means to solicit questions from all participants. The NRC staff will subsequently use the information gained from the hearing to evaluate the issues raised in your Petition and to render a Director's Decision pursuant to 10 CFR 2.206.

l The Union of Concerned Sciantists submitted a similar Petition conceming continued plant operation with fuel cladding failures at the River Bend Station on September 25,1998. As with the current Petition, your Petition for River Bend requested a hearing in the Washington, D.C.,

area to discuss new information on reactor operation with failed fuel assemblies. Your letter of November 6,1998, accepted NRC's offer for an informal public hearing and described the new information that you wish to discuss. Through verbal coramunications with Robert Fretz, the NRC Project Manager for the River Bend Station, we understand that you are willing to address both the River Bend and the Perry facilities in a combined public hearing. We would also like to combine both facilities in a public hearing in the Washington, D.C., area. Since you are currently dealing with Mr. Fretz to establish a mutually agreeable date, time, and location for the informal public hearing, we request that you continue to use Mr. Fretz as your point of contact.

If you have additional new information beyond that provided in your letter of November 6,1998, we request that you provide, in advance of the hearing, the new information on reactor operation I with failed fuel assemblies. For your information, the NRC Project Manager for the Perry facility

( is Douglas Pickett. 07. Pickett can be reached at (301) 415-1364.

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, David A. Lochbaum December 16, 1998 Your Petition has been referred to me pursuant to 10 CFR 2.206 of the Commission's regulations. As provided by Section 2.206, action will be taken on your request within a reasonable time. I have enclosed for your information a copy of the notice that is being filed with -

the Office of the Federal Register for publication.

Sincerely, Original signed by:

Samuel J. Collins, Director Office of Nuclear Reactor Regulation

Enclosure:

FederalRegister Notice cc w/ encl: See next page  !

DOCUMENT NAME: G:\PD3-3\ PERRY \MA4192.LTR Ta receive e copy of this document. indcote in the box: "C" = Copy without encfosures *E' = Copy with enclosures *N* = No copy 4

0FFICE PM/EQlIIa2 LA:PDIII-2 6 TECH ED D:PDIII-2 f, (A)D:DRPW NAME DPicife' tt' EBarnhillff>f BCalure* SRichards # EAdeny m* ,

DATE 12/14/98 12/14/98 11/30/98 12/M/98 1 /98 mu mammmmmm m e samanh p . .

0FFICE (A)ADP/NRR OGN / 2 R 6 Coord , BC:SRXB C :N _> l NAME BBoger* X RSubblibafnam TCollins* Sbc"ina '

l DATE 12/08/98 12 7 /98 N 12/ //98 N 12/07/98 12/\4/98

• See previous concurrence OFFICIAL RECORD COPY EDO #G1998067J Acknowledgment Letter dated: December 16, 1998 DISTRIBUTION:

Docket File (50-440) OPA PUBLIC (w/ incoming letter) OCA EDO#G19980678 NRR MAIL ROOM (w/ incoming)

EDO Reading T. Harris (TLH3)

.PDill-2 R/F (w/ incoming) J. Goldberg, OGC S. Collins /R. Zimmerman G. Grant, Rill B. Boger S. Richards E. Adensam(EGA1) E. Bamhill D. Pickett B. Sheron M. Boyle (e-mail only MLB4) J. Roe Ram Sabbaratnam (e-mail only RXS2) W. Travers DEDE H. Thompson P. Norry J. Blaha l K. Cyr, OGC S. Bums cc: Licensee (w/ copy of incoming 2.206 request) & Service List l

I 1

David A. Lochbaum December 16, 1998 Your Petition has been referred to me pursuant to 10 CFR 2.206 of the Commission's regulations. As provided by Section 2.206, action will be taken on your request within a reasonable time. I have enclosed for your information a copy of the notice that is being filed with the Office of the Federal Register for publication.

Sincerely.

Original signed by:

Samuel J. Collins, Director Office of Nuclear Reactor Regulation

Enclosure:

FederalRegister Notice

, cc w/ encl: See next page DOCUMENT NAME: G:\PD3-3\ PERRY \MA4192.LTR Ta receive a copy of this document. Indicate in the box: 'C" = Copy without enclosures *E" = Copy with enclosures "N" = No copy 0FFICE PM/P.QlII2 3 LA:PDIII-2 6 TECH ED D:PDIII-2 t- (A)D:DRPW NAME DPicfett' EBarnhillffg BCalure* SRichards # EAden A DATE 12/14/98 12/lb/98 m e m - mma - r .ma ssm ain e msnium irsme m ==

11/30/98 12/M/98 1 8/98 OFFICE (A)ADP/NRR OGA / 2. 6 Coord- BC:SRXB C :N NAME BBoger* X RSubbliDit(nam TCollins* Stellin V DATE 12/08/98 12 ( /98 N 12/ //98 \ 12/07/98 12/\4/98

• See previous concurrence OFFICIAL RECORD COPY EDO #G19980678 Acknowledgment Letter dated: December 16, 1998 DISTR!BUTION:

Docket File (50-440) OPA PUBLIC (w/ incoming letter) OCA EDO#G19980678 NRR MAIL ROOM (w/ incoming)

EDO Reading T. Harris (TLH3)

PDill-2 R/F (w/ incoming) J. Goldberg, OGC S. Collins /R. Zimmerman G. Grant, Rlli B. Boger S. Richards E. Adensam(EGA1) E. Barnhill D. Pickett B. Sheron M. Boyle (e-mail only MLB4) J. Roe Ram Sabbaratnam (e-mail only RXS2) W. Travers DEDE H. Thompson P. Norry J. Blaha K. Cyr, OGC S. Bums cc: Licensee (w/ copy of incoming 2.206 request) & Service List

l

. David A. Lochbaum ,

l Your Petition has been referred to me pursuant to 10 CFR 2.206 of the Commission's i

regulations. As provided by Section 2.206, action will be taken on your request within a l reasonable time. I have enclosed for your information a copy of the notice that is being filed with the Office of the Federal Register for publication.

Sincerely,

~

ahl in , Director Office of Nuclear Reactor Regulation

Enclosure:

FederalRegister Notice cc w/ encl: See next page

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. L. Myers . Perry Nuclear Power Plant, Units 1 and 2 Centerior Service Company ec:

Mary E. O'Reilly James R. Williams FirstEnergy- A290 Chief of Staff

! 10 Center Road Ohio Emergency Management Agency '

! Perry, OH 44081 ~

2855 West Dublin Granville Road

' Columbus, OH 43235-7150 Resident inspector's Office

- U.S. Nuclear Regulatory Commission Mayor, Village of Perry P.O. Box 331 4203 Harper Street Perry, OH 44081-0331 Perry, OH 44081 l Regional Administrator, Region 111 Radiological Health Program U.S. Nuclear Regulatory Commission Ohio Department of Health 801 Warrenville Road P.O. Box 118 Lisle, IL 60532-4531 Columbus, OH 43266-0118 Sue Hiatt Ohio Environmental Protection OCRE Interim Representative Agency l 8275 Munson DERR-Compliance Unit Mentor, OH 44060 ATTN: Mr. Zack A. Clayton P.O. Box 1049 Henry L. Hegrat Columbus, OH 43266-0149 Regulatory Affairs Manager Cleveland Electric illuminating Co. Chairman )

Perry Nuclear Power Plant Perry Township Board of Trustees i

P.O. Box 97, A210 3750 Center Road, Box 65 Perry, OH 44081 Perry, OH 44081 FirstEnergy Corporation State of Ohio Michael Beiting . Public Utilities Commission Associate General Ccunsel East Broad Street

! 76 S. Main Columbus, OH 43266-0573 Akron, OH 44308 William R. Kanda, Jr., Plant Manager Mayor, Village of North Perry Cleveland Electric illuminating Co.

North Peny Village Hall Perry Nuclear Power Plant  ;

4778 Lockwood Road P.O. Box 97, SB306 North Perry Village, OH 44081 Perry, OH 44081 Donna Owens, Director Ohio Department of Commerce Division of Industrial Compliance Bureau of Operations & Maintenance 6606 Tussing Road i- P. O. Box 4009 l Reynoldsburg, OH 43068-9009 I

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