ML20199K622

Responds to Opposing Util 860514 Request for Extension of Due Date for Response to IE Bulletin 85-003 Re Design Basis for Motor Operated Valves.Petition Denied. Extension Posed No Threat to Public

ML20199K622
Person / Time
Site:	Limerick
Issue date:	07/01/1986
From:	Harold Denton Office of Nuclear Reactor Regulation
To:	Anthony R ANTHONY, R.L.
References
IEB-85-003, IEB-85-3, NUDOCS 8607090203
Download: ML20199K622 (6)

Text

I Docket Nos. 50-352/353 .

11986 Mr. Robert L. Anthony P.O. Box 186 Moylan, Pennsylvania 19065

Dear Mr. Anthony:

This is in regard to your letter of May 23, 1986, to the NRC's Director, Boiling Water Reactor Project Directorate No. 4 in the Office of Nuclear Reactor Regulation. Your letter expressed an objection to the request made by the Philadelphia Electric Company (PECo) in a letter dated May 14, 1986, for an extension of the due date for responding to an NRC issued Bulletin No. 85-03, " Motor-0perated Valve Common Mode Failures During Plant Transients Due to Improper Switch Settings."

The PECo letter of May 14, 1986 referred to in your letter is applicable only to Unit 2 of the Limerick Generating Station which is now under construction.

However your concern appears to be with respect to Unit 1 since you request that action be taken "... before the reactor, which we understand is presently shutdown, is again put into operation," Therefore, we are interpreting your concern to be applicable to Unit 1.

In any event the actions requested of PECo by IE Bulletin 85-03 for Limerick Unit 1 are not of a nature that would affect the return of the unit to power operations in the near future. The Bulletin requests that several actions be taken over a period of two years. The first of these actions, and the one for which PECo requests an extension of time, is for the submittal of a repcrt which documents the design basis for the subject valves and a program plan for accom-plishing the other items in the Bulletin. No changes in the plant's design or operating limits are involved in completing this first action. On this basis I decline to grant the request made in your letter especially since no particular safety issues beyond those discussed in the Bulletin are raised in your letter.

Please also be informed that your " Petition" to the Commission dated April 29, 1986 has been referred to the staff for appropriate consideration. The Petition contains no significant new information. Consequently, no further staff action is required.

Sincerely, original Signed y i IL R. Dentes Harold R. Denton, Director Office of Nuclear Reactor Regulation cc: See next page

• Previously concurred:

LA:BWD-1: DBL BWD-1: DBL D:BWD-1: DBL DEPER:IE 0 ELD

• M0'Brien/hmc *REMartin *WButler *RBaer *RHoefling 6/10/86 6/10/86 6 11/86 6/10/86 6/11/86 DD: DBL .

,^g- )D:NRR Rn g en D:Nf)))

G' ^@

• WHouston , Ver r Mire-%t HRDMton 6/12/86 6/gp'86 6/g/86 6/p/86 8607090203 860701 PDR G

ADOCK 05000352 PDR

Docket Nos. 50-352/353 Mr. Robert L. Anthony P.O. Box 186 Moylan, Pennsylvania 19065

Dear Mr. Anthony:

This is in regard to your letter of May 23, 1986, to the NRC's Director, Boiling Water Reactor Project Directorate No. 4 in the Office of Nuclear Reactor Regulation. Your letter expressed an objection to the request made by the. Philadelphia Electric Company (PECo) in a letter dated May 14, 1986, for an extension of the due date for responding to an NRC issued Bulletin No. 85-03, " Motor-0perated Valve Common Mode Failures During Plant Transients Due to Improper Switch Settings."

It is not clear whether your specific objection is with respect to the status of this issue for Unit 1 or for Unit 2. If your concern is with respect to Unit 1, as is implied by the request that action be taken "...before the reactor, which we understand is presently shut down, is again put into operation," then we note that the PECo letter to which you object is for Unit 2. Nevertheless we have interpreted your concern to be applicable to Unit 1.

In any event the actions requested of PECo by IE Bulletin 85-03 for Limerick Unit 1 are not of a nature that would affect the return of the unit to power operations in the near future. The Bulletin requests that several actions be taken over a period of two years. The first of these actions, and the one for which PECo requests an extension of time, is for the submittal of a report which documents the design basis for the subject valves and a program plan for accom-plishing the other items in the Bulletin. No changes in the plant's design or operating limits are involved in completing this first action. 1n this basis I decline to grant the request made in your letter especially since no particular safety issues beyond those discussed in the Bulletin are raised in your letter.

Please also be informed that your " Petition" to the Commission dated April 29, 1986 has been referred to the staff for appropriate consideration. The Petition contains no significant new information. Consequently, no further staff action is required.

Sincerely, Harold R. Denton, Director Office of Nuclear Reactop Regulation

, f cc: See next page ,, .(

oh

• LA d. DBL BhDy $pBd D:BWD-1: DBL DEPER:IE pff M0 WM/hmc #EMartin' WButler RBaer /W ~

6/ 86 6//o/86 6/n /86 6/(0/86 6/y/86 005 f b DD:NRR D:NRR WHou erners DEisenhut HRDenton di//7 /86 h6/g6 2 6/ /86 6/ /86

DISTRIBUTION: (Green Ticket 001779)

Docket File w/ incoming NRC PDR Local PDR ED0 #001779 ED0 r/f HDenton/DEisenhut RBernero Glanias DCrutchfield AD/PWR-A WButler RMartin w/ incoming M0'Brien w/ incoming OPA DMossburg(ED0#001779) w/ incoming PD#4 r/f w/ incoming LHarmon VStello Bill Clements, SECY, H-1149 OGC w/ incoming JLieberman, OELD ASLAB ASLBP ACRS (1)

JResner (2) (W-501)

JTaylor TMurley PPAS SEcy i

i i

l

g, _

Document Name:

GREEN TICKET 001779 f,f,. 4 , f7 , ,y,y 7 ,, 7 wb h h Requestor's ID:

CLEM g4 lokId Author's Name: p,D '

RMartin/hmc Document Comments:

Response to Mr. Robert L. Anthony - Limerick 1 & 2 (2.206) J

& n pa L napa a m,a n-

+ wa yn w - ~ z . zo c . p ,- p

-GP (ID )

h$4 9NY a i;--a-/ / -

,A 2 y

(p)cgl>-,]

. ~

-- /' n,/7 fhh Qfho i, IP ha

.~

./

hee ~ r e -.ud H QY

,, p u n s .n ej i, r ., G a . r I .

d2bl

..s.

P + .;-

2&A .

h*'

/ p, v8fy < 9 um m-

", f G $3Lf ?', ;

'yM I,9Y

/ . - .

7 1

%, UNITED STATES ~

3' t NUCLEAR REGULATORY COMMISSION '

s j

e' .N )i"'

,j

-e WASHINGTON, D. C. 20555 S.2./ -

t m y Efu ,,  ;

L d jj EDO PRINCIPAL CORRESPONDENCE CONTROL

---

==------- _-- - --

FROM: DUE: 06/30/86 EDO CONTROL: 001779 DOC DT: 05/23/86

ROBERT L. ANTHONY FINAL REPLY

TO:

NRC FOR SIGNATURE OF: ** GREEN ** SECY NO:

DESC: ROUTING:

2.206 - REQUEST DENY PECO'S REQUEST FOR EXEMPTION DENTON TO IE BULLETIN # 85-03 RE LIMERICK 1 P 2 4 TAYLOR MURLEY DATE: 05/28/86 ASSIGNED TO: Et$1 b CONTACT:- CUNi4INGHAM hA

~-

SPECIAL INSTRUCTIONS OR REMARKS:

Per Steve Burns, OELD, this letter does not need the full 2.206 treatment.

NRR RECElVED: 5/30/86 ACTION: DSL:nBERNERO NRR ROUTING: DENTON PPAS M0SSBURG p 6fM g' y 3 &*/0'N lD Y d o 3 2,4 6

f. m ._ . - . ,,1 -

_y.,.-~_-,-

h_ e If '.- .  : ..

No.'.50-352/353-(2.206) 5/Z8/co g f

. Logging Date r ,..

NRC SECRETARIATL--

i

' TO: JO Commissioner D.te ,i

-M Exec. Dir./Oper. Gen.' Coune.1 .!

Cong. Liaison s Solicitor  ;

Public Affairs .t- O Secretary- j' 1

i l

[U Incoming:

l f from: Enhart L Anthony j

!; mr

' To:- Comission . o.,, -5/23/86~ ];

Subsect: Ob.ieCtion to > PECO Request to WRButler- for j e

Exemption from-the Deadline of 5/14/86 to Respond to ' d IE Bulletin #85-03 e 9 i

4

! . O pr. pare r.piy for signatur.of: 3 l- J j; -

Chairman j

.' Commissioner --

3 EDO, GC, CL, SOL, PA, SECY 4 b .

i t, - .

Signature block omittad , ,

4 i

t .

9 l{

O acturn originai of incoming ith'r.spons.

-i i

O For dir.ct r.piv - j d For appropriate action : i

,z ,

l p. For information '

EDO 001779 fi For r. commendation ,._ , _ _ i-g, Cys EDO, Comissioners, OGC, OPE, OCA, 'OPA, Chilk, Rater. Reenrds

• I For the Commission: Eugenia  ;

• Send three (3) copies of reply to Secy Mail Facility i

[.

NRC 42A-se 1 ACTION 5 LIP N" - .~ ..  :-~ - - . . ~ - . . . - ~ . ~ . = ~

I i

I g yy T',gjferld

.- - & c v qq h U.S. NUCLEAR HEGULATORY COMMISSION...BWR PROJECT DIRECTORATE # i4 as

( gc8 /

RE: PHILA.ELEC.CO. Limerick Gen.Sta. Units 1 & 2 DOCKET # -3 (

L.

May 23, 6g -T R.L. ANTHONY /F0E,INTERVENOR, OBJECTION TO PECO REQUEST TO W.R. BUTLER,DIR.

FOR EXEMPTION PROM THE DEADLINE OF 5/14/86 to RESPOND TO IE BULLETIN # 85-03 Anthesy/F0E is is receipt of a copy of a letter,J.S.Kemper to W.R. Butler, NRC,Direeterate # 4, dated 5/14/86, requesting an exempties to the required response to II Bulletin No. 85-03" Meter-Operated Yalve Ceamen Nede Failures During Plant Transients Due to Improper Suiteh Settings." The reopease was due on 5/14/86,the same date the letter was written.

We are aware that IE Bulletin # 85-03 was issued by NRC on the basis of a threat to the safe operaties of BWR plants. We believe that PECe's request for an extention of response time till " within 60 days after NRC acceptance of the BWROG Ceamittee posities" indicates a essual attitude to-ward this important safety issue and dismisses the immediate public in-terest in the proteation of publie health and safety. The Bulletia involves potential switch failures during transients which have the potential for the less of ability to shut the plant down safely.

We petition the Diredrter to deny PECo's request for an extenties of time and to insist that PEC carry out the required work and to report immediately, and in all events before the reacter,which we understand is presently shut deus, is again put inte operaties.

Respectfully submitted, ces NRC- Commiss.,Decketing, Staff Counsel Commer& Wetterhahn [/ Mg%

Box 186 Moylan,Pa. 19065 /

(' ' :1 r" '? D A\t 1 0 f

%O Lf' J ex (G) i m W.__

7.

q j. +

}.

, REGULATORY INFORMATION DISTRIBUTION SYSTEM (RIDS)

ACCESSION NBR:8605070064 DOC.DATE: 86/04/30 NOTARIZED: NO DOCKET #

FACIL: 50-352 Limeric k Generating Station, Unit 1. Philadelphia Ele 05000352 50-353 Limerick Generating Station, Unit 2. Philadelphia Ele 05000353 AUTH.NAME AUTHOR AFFILIATION ANTHONY,R.L. Anthony, R. L.

RECIP.NAME RECIPIENT AFFILIATION NRC - No Detailed Affiliation Given

SUBJECT:

Petiflar. for reconsideration of 860227 petition to suspend Li .' r. n S e NF R- 39, p er faulty referral to Director &

ir upropriate response & restatement of petition under 10CFR50.100 & 10CFR2.201 (c).

DISTRIBU1 ION CODE: DSO3D COPIES RECEIVED: LTR _ ENCL jd SIZE: ch '

TITLE: Filings (Not Orig by NRC)

NOTES:LPDR 2cys Transcripts. 05000352 LPDR 2cys Transcripts. Application for permit renewal filed. 05000353 RECIPIENT COPIES RECIPIENT CDPIES ID CODE /NAME LTTR ENCL I Q ODEl LTTR ENCL BWR PD4 LA MARTIN,R 1

1 (BlIRPD4P_D)NAME 1 INTERNAL: ASLAP 5 h ASLBP 01 1 ELD /PSB 1 GC 1 OPE ARON,J. 1 PA 1 RGN1 1 EXTERNAL: 24.' 1 LPDR 1 NRC PDR 1 ]

NOTES: 2 f I

TOTAL NUMBER OF COPIES REGUIRED: LTTR 19 ENCL i - --

3 DudlO f/WO

(,

U.S. NUCLEAR HEGULATORY COMMISSION -

l PHILA. ELEC. CO. Limerick Cen. Sta. Units 1 & 2 Docket No 50-352,353 ' '

l April,gl986 i PETITION BY R.L. ANTHONY /F0E TO THE COMMISSION FOR RECONSIDERATIOlii OUR 2/27/86 PETITION TO SUSPEND LICENSE NPF-39,IN THE LIGHT OF THE FAULTY RE- I FERRAL TO THE DIRECTOR AND HIS INAPPROPRIATE RESPONSE, AND gT,gNG OF OUR PETITION UNDER 10 CFR 50.100 and 10 CPR 2.201 (c). -5 A77 ;77 Fly ,

~

On 2/27/86 Anthony /F0E petitioned the Commission under I [0[150 issued to Lt:

to find cause for the suspension of license NPF-39,to PECo, and further"to find under 10 CFR 2.201 (c) that the publio health, safety and interest re-quire it and that there are willful violations and,therefore,the NRC orders the Director immediately under Sect. 2.202 to issue a show cause order .for the suspension of L icense NPF-39. "

FAULTY REFEREAL. The Commission referred our 2/27/86 petition to the NRR office. We state our objection to this referral and to the response by the Acting Director, addressed to us in a letter dated 4/16/86. We petition the Conniasion to reconsider our petition on the basis of the criteria which re-quire license suspension under Sect. 50.100 and to suspend the license on its own initiative or to order the Director under Sect. 2.201 (c) to issue an immediate show cause order . We agree with Mr.Eisenhut (4/16/86) that it is not " appropriate to consider the Petition pursuant to 10 CFR 2.206 *.

We did not petition under that sectionsor refer to it.

Mr.Eisenhut dismissed the points we made that are conclusively weighted toward suspension of the license. He did not consider at all the violations which we cited. He obviously is not the person to properly evaluate the criteria under Sect. 50.100 or to have an independent view as to the staff's enforcement of the license provisions,or PECo's evading of NEC regulations.

His assumptions (Para.) & 4,4/16/86) that " it is appropriate to presume that the NRC has given appropriate consideration" and " it may be presumed that the agency response was adequate" are of no value in determining the merits of our case for suspension of the license.

RECONSIDERATION. We petition the Commission to make a decision on the merits of our 2/27 petition by weighing all the points raised in our petition.

We add further emphasis by supplementing our arguments as specified below.

( The paragraph numbers correspond to those in our 2/27 petition.)

5 and 6. There has been no remedying of the problems recorded in Insp.

86-02. The amount of radiation discharged to the community from the gaseous and liquid releases is not knows,or whether any fatalities will be or have

'1 g050?ggy 86090 _ ,

y ,

l

/ .

-- 2 --

been caused. Open items 86-02-01 and 86-02-05 are unresolved. Therefore, more accidental releases can be imminent. The dangerous trend in radioactive releases can be seen in a couperison of the reports of 2/20/85 and 2/17/86.

""" Re A. Fission and Activation products. Est. Total

[* ~"."000h+ fpb _

/ /84 -

.180E + O2 3

B. Tritium." Total Release .000E + 00 .133E + O2 C.Dissol.& Entr. Gases. Total .000E + 00 .200E + O2 .

I D. Gross Alpha Radiosot. Total .000E + 00 .147E + 01

7. Open Item 86-02-02 still cites an ongoing void in PECo's ability to monitor and to manage radiological incidents at Limerick. This combined with the open items above add up to a sufficient basis in themselves to demand a suspension of the licensa under Section 50.100.

8.& 9. Unresolved items 85-36-02 and 85-43-02 specify threats to safe operation of and safe shutdown of the reactor in an emergency. These include conditions which would have prevented the issuance of the license and call for its suspension now until the threats have been alleviated.

11. PECo's manipulation of Schuylkill cooling water through amendments of the DRBC compact last year and further applications to DRBC for manipula-tions in 1986 constitute deliberate violations of Appendix B of the license.

We assert that this is willful violation of the license and NRC regulations, under 10 CFR 2.201 (c). We call attention to our petition to NRC for sus-pension of the license for this violation under Sect.50.100, submitted 3/5/86.

(DRBC granting of the disolved oxygen criterion for 1986 was announced 4/29/86) 14.& 15 PECo's disregard of surveillance tests on instrument line check valves and on isolation valves which was ratified by NRC in the granting of amendments # 1 and # 2 constitutes deliberate and willful violation of the license and regulations. This calls for immediate license suspension. We ask the Commission to take note of our appeal to the Appeal Board filed on 4/12/86, currently under consideration by that Board.

.18 . We again es11 attention to the unlawful granting of license NPF-39 in violation of NRC regulatione requiring a full participation emergency exercise and in disregard of USC 735 F 2d 1437 (1984). Such a required ex- ,

orcise is still missing and there is no assurance that evacuation can be carried out. PECo made a gesture only,with a token exercise earlier in April.

The Third Circuit Court of Appeals has not yet rendered a decision on #85-3606.

C_0N C LUSION. We petition the Commission to immediately suspend license NPF-39 or to institute show cause action since we have p esented full proof thit continued operation is unlawful under all the crite ria in 10 CFR 50.100.

I hereby certify copies by mail tos R pectfully submitted, B /. / @pt g NRC ' Docketing, Conner Staff

& #etterhahn Counsel, gq.g /((ef-/'/ D.Eigenhut,

, XHl Box ASy/Enu7 186 Moylan,Pa. 190

_ - - - ._. -