ML20211L562

Urges Commission to Postpone 861218 Meeting Re Full Power License for Facility Until All Safety Issues Resolved & Low Power License Testing Fully & Satisfactorily Concluded

ML20211L562
Person / Time
Site:	Harris
Issue date:	12/09/1986
From:	Runkle J CONSERVATIVE CAUCUS RESEARCH, ANALYSIS & EDUCATION
To:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
References
CON-#486-1872 OL, NUDOCS 8612160090
Download: ML20211L562 (2)

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TPiN THE CONSERVATION COUNCIL OF NORTH CAROLINA 307 Granville Road, Chapel Hill, H.C. 27514 (919) 942 7935 or 9421080 (24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />) g . y 00Chu % . ~M December 9, 1986 W' ' "

Samuel J. Chilk Secretary to the Commission Nuclear Regulatory Comission Washington, D.C. 20555 Re: 12/18 Full Power License Meeting for Shearon Harris, Unit 1 (Docket No. 50-400 OL) _

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Dear Mr. Chilk:

We were contacted last Friday by Mr. Emile Julien about a meeting to be held on December 18 concerning the full power license for Carolina Power &

Light's Shearon Harris Nuclear Power Plant, Unit 1. The Conservation Council, an Intervenor in both the construction permit and operating license, intends to send a representative to present arguments opposing all discussion of a full-power license for the Harris plant.

We are sending copies to of these written comments to the Commissioners and the service list in this docket but because of extremely limited and unreasonable time period given us, we request that you make copies of these coments available to each of the Commissioners before their deliberations.

1. The Harris plant has had fuel loaded but has not begun operating, even at low-power, and none of the crucial low power testing has begun. The process of starting the reactor and the steps required for low power testing take several months, if there are absolutely no problems. It is unlikely that this plant will be ready to begin full operation until after the next meeting of the Comission, perhaps the next several meetings, so there are no time pressures for the Commission to act hastily. Any argument by the Applicants to this effect is completely unfounded.

2. It would be arbitrary and capricious for the Commission to authorize full power operation without any assurance that the operating plant meets the requirements of 10 C.F.R. 50.57(a)-that is, the facility will operate in conformity with its application and the NRC regulations and that there is a reasonable assurance that its operation can be conducted without endangering the health and safety of the public. It is the clear purpose of the low power license with its concomitant testing to provide the Comission with the basis it requires to make these findings.

8612160090 861209 PDR ADOCK 05000400 C PDR b

3. The findings required by 10 C.F.R. 50.57(a) cannot be delegated to the Office of Nuclear Reactor Regulation. The Commission can act on the recommendation of the Office that the plant meets all the federal requirements, but the regulations are clear that it is the Commission's duty to make the findings prior to the issuance of the operating license. The required findings go beyond one of meeting regulations but whether it will be a safe plant that will continue to meet the regulations.

4. The most recent Systematic Assessment of Licensee Performance (SALP) report shows that there are still areas that the Staff are concerned about at the Harris plant. The letter accompanying the SALP report warned that some problems which have recently surfaced might have produced lower ratings had they been identified in time. The letter from Region II Administrator J. Nelson Grace said, "As you are aware, there are ongoing inspections in recently identified areas of concern that, had they been completed during the assessment period, could affirm the Board's rating or, could lead to a possible lower assessment. In this light, you should focus your management attention on those functional areas, where ongoing inspections may reveal a decrease in performance."

According to the SALP report, NRC inspectors are questioning the adequacy of CP&L inspection of critical electrical equipment and cable trays with a recent inspection showing that 30% of the identified discrepancies had not been previously noted. Among other problems noted were that " unauthorized work has been conducted on safety related equipment," and that operator training was deficient.

5. The Applicants did not serve their petition for authorization for a full power license on the Intervenors in this docket. We were additionally not given adequate notice of the December 18 meeting of the Commission in order to prepare arguments and affidavits in opposition to the Applicants' petition. The Commission will not have the balancing points of view which can be supplied by Intervenors before it can fully consider the suitability of authorizing a full-power license for Harris.

In light of the above, we urge the Commission to postpone its discussion on a full-power license for Harris until all safety issues are resolved and until low power license testing is fully and satisfactorily concluded.

Respectfully submitted, John Runkle General Counsel cc. NRC Commissioners Service list (Docket No. 50-400 OL)