ML20214C854

Advises That No Immediate Action Necessary in Response to 860201 & 03 Petitions Requesting Immediate Shutdown of Facilities Per 10CFR2.206 & Forwards Fr Notice

ML20214C854
Person / Time
Site:	Palo Verde
Issue date:	02/18/1986
From:	Harold Denton Office of Nuclear Reactor Regulation
To:	Bush B, Michael Scott COALITION FOR RESPONSIBLE ENERGY EDUCATION
Shared Package
ML20214C858	List: ML20214C854 ML20214C899
References
CON-#186-130 2.206, OL, TAC-60619, NUDOCS 8602210300
Download: ML20214C854 (2)

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UNITED STATES E NUCLEAR REGULATORY COMMISSION t

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%,...+/ FEB 181986 USNRC Docket Nos.: 50-528 86 FEB 19 PI2:16 and 50-529 (2 2M {0CNiis.;r...'i Ms. Barbara S. Bush, Executive Director BN Mr. Myron L. Scott, Intervention Coordinator Coalition for Responsible Energy Education 315 West Riveria Drive Tempe, AZ 85282

Dear Ms. Bush & Mr. Scott:

.- This is to acknowledge receipt of two Petitions from the Coalition for Responsible Energy Education (CREE) filed by you on behalf of CREE. The first Petition, filed on January 17, 1986 and supplemented on January 21, 1986, alleged management incompetence and schedule pressure in the Palo Verde

. Nuclear Generating Station (PVNGS) nuclear program calling into question the safe conduct of start-up operations and power ascension at PVNGS Unit 2.

The January 17, 1986 Petition and supplement requested issuance to the licensee of an order to show cause why the low power operating license for PVN95. Snit 2 should not be suspended and also requested that further licensing activity be deferred until issues raised in the Petition are resolved. The issues

. raised in this Petition were, for the most part, based upon the NRC staff December 19, 1985 SALP Report and NRC Inspection Reports. In fact, the NRC was aware of all of the issues raised in this Petition and has taken steps to deal with them where appropriate..=For example, the NRC has required that the licensee take action to correct identified deficiencies and improve overall performance in certain areas. With respect to your concerns regarding schedule pressure, this is also an issue of which the NRC is aware. Indeed, on August 9, 1985, I issued a Director's Decision, DD-85-12, responding to similar concerns raised by you pursuant to 10 CFR 2.206 regarding PVGNS Unit 1. I then found

,that neither a fuel load bonus plan of the licensee nor the incentive regula-

- tions of the Arizona Corporation Commission compromised safety. While 1 intend to address the specific issues you raise in this area in my Decision, i I decline to take any oction at this time based upon favorable past findir gs in this area and confidence based on current NRC Region V staff inspection efforts at Palo Verde that NRC-regulated activities are generally being satis-factorily performed.

I am aware of your Emergency Relief Petition to the Commission of February 1, s 1986 requesting relief in the form of an immediate order suspending nuclear operation of PVNGS Unit 2 and the PVNGS Unit 2 operating.lic*ense issued December 9,1985, until I issue an initial response to your Petition dated January 17, 1986. Your February 1st Petition has been referred to Ine for response. Since I am providing you with my initial finding that no' urgent i action need be taken regarding PVNGS Unit 2 to provide reasonable protection to the public, the action you requested of the Comission is unnecessary, i i , i f

8602210300 860219 PDR ADOCK 05000528 G PDR i 4

, O The second Petition was filed on February 3,1986 wherein you request immedi-ate shutdown of the PVNGS Unit I reactor and retesting of the containment system, based on alleged inadequacies in testing of that containment. Based ,

on a preliminary review, my staff finds that the containment test fer PVNGS Unit 1 performed was in accordance with NRC-approved procedures and' met the appropriate acceptance criteria. The test itself was monitored by Region V inspection staff and found acceptable. On this basis, I decline to take any immediate action with respect to that Petition.

As indicated above, your Petitions are being handled pursuant to 10 CFR 2.206 of the Commission's regulations. -Accordingly, appropriate action will be taken within a reasonable time.

$ . Enclosed for your information is a copy of a Notice that wil be sent to the Office of the Federal Register for publication, t

Sincerely,

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Harold R. Denton, Director Office of Nuclear Reactor Regulation

Enclosure:

As stated n

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