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Forwards Gap 870501 2.206 Petition Request for Study & Suspension of Licensing of New Facilities on Basis of Chernobyl Accident for Response Due to Cited Similarities Between Us BWRs & Chernobyl Reactor.Draft Response Encl
	ML20214J768
Person / Time
Issue date:	05/14/1987
From:	Goldberg J; NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Murley T; Office of Nuclear Reactor Regulation
Shared Package
ML20214H042	List: ML20214H041; ML20214J768; ML20214J792; ML20214J798; ML20215C491; ML20215C551;
References
	2.206, NUDOCS 8705280181
	Download: ML20214J768 (7)
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UNITED STATES

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May 14,-1987 a

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?Tlionds 5kNNih((Ul%Efrgn m gOf$ce, o[f? Nuclear ReactoriRegulation' MEMORANDUM FOR:

FROM:

Jack R. Goldberg, Acting Assistant General Counsel for Enforcement

SUBJECT:

RENEWED REQUEST FOR A STUDY AND A SUSPENSION

'OF LICENSING. OF NEW FACILITIES 'ON THE BASIS OF TIIE CIIERNOBYL ACCIDENT Enclosed please find a copy of a petition dated May 1,1987, filed by Thomas Carpenter on behalf of the Government Accountability Project (GAP)-

and others.

The petitioner asserts that this petition is in response to a letter dated May 27, 1986, wherein an earlier petition, which requested ' an agency response to the accident at the Chernobyl nuclear reactor, was denied.

The earlier petition, which was filed by GAP on May 6,1986, requested that the NRC suspend further licensing of nuclear facilities in the United States pending a study and report of the accident at the Chernobyl plant and that the NRC review the findings and request public comments on such a report for their applicability to facilities licensed by the NRC.

The May 6 petition was denied because the petitioners had provided no specific information which compelled a halt to licensing of facilities in the United States.

The present petition requests that the Commission order implementation of the relief requested in the May 6,1986, petition.

The petitioner indicates that if there is no sufficient progress by the Commission within 30 days toward achieving their requested relief, they will consider the petition as being constructively denied and will pursue appellate action.

Unlike the May 6 petition, the present petition is supported by an enclosure entitled " Memorandum of Points and Authorities in support of Chernobyl Petition," and states as a basis for the request that there is a similarity between Chernobyl and boiling water plants in the United States and that the Chernobyl accident provides important industry experience which warrants review of existing industry standards under NRC regulations.

For this reason, it appears that it may be necessary to address the petitioner's concerns in a decision pursuant to 10 C.F.R. I 2.206.

CONTACT: Susan Chidakel 492-7149 gaaP er

'T I have enclosed drafts of a letter of acknowledgement to the petitioner for your signature and a Notice of Receipt of the petition for publication in the Federal Register.

Please inform my staff of the technical staff contact who will be involved in preparing a response to the petition. Please ensure that I am provided copies of all correspondence related to the petition and that I am asked to concur.on all staff correspondence.

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1, J k R. Goldberg, Actin Assistant General Counsel for Enforcement Office of the General Counsel l

Enclosure:

As stated cc: w / encl.

J. Lieberman, OE W. Olmstead, OGC W. Briggs, OGC f

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Mr. Thomas Carpenter Citizens' Clinic. Director.

Government Accountability Project 11555 Connecticut ' Avenue,- N.W.

Suite.202 Washington,! D.C.

20555

Dear Mr.' Carpenter:

This letter is to acknowledge. receipt of your petition dated May 1,1987, V:

on behalf of the ~ Government Accountability Project '(GAP)- and..others, which <

. you state is in response.. to a letter dated May. 27, 1986,- wherein your petition '

filed May 6,,1986, which requested an. agency response to lthe accident at.tho'

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Chernobyl ~ nuclear i reactor,. was ' denied..

Your. petition requests that L the '

- Commission order' implementation of the relief requested in your May 6,1986, petition, that the NRC suspend further licensing of nuclear facilities in the United States pending a study and ~ report of the accident at the Chernobyl plant,' and that the NRC review the findings.and request public comments on such a report for.their applicability to facilities licensed by_ the NRC.

Your earlier. petition was denied because.you failed to provide. specific

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' information which compelled a halt to licensing of facilities in the United States..

Your present petition is supported by an enclosure entitled

" Memorandum of Points and Authorities in Support of Chernobyl Petition," and asserts as a basis for your request that there is similarity between Chernobyl

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.and boiling water plants in the United States and;that the Chernobyl accident provides important industry experience which warrants review of existing industry standards under NRC regulations.

Your petition has been referred I

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to the staff for -action pursuant to 10 C.F.R. 6 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 l

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.. for publication.

Sincerely, Thomas E. Murley, Director Office of Nuclear Reactor Regulation

Enclosure:

As stated' i

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U.S. NUCLEAR REGULATORY COMMISSION

. REQUEST FOR ACTION.ON THE BASIS OF.THE CIIERNOBYL ACCIDENT a

RECEIPT OF PETITION FOR DIRECTOR'S DECISION' UNDER 10 C.F.R. 2.206 Notice : : is ' hereby. given that by - petition " dated May 1,1987, the

-Government. Accountability. Project (GAP) and.other named petitioners-crequested that.the Commission take action on the basis of the accident which

' occurred' at the -Chernobyl' nuclear reactor. Specifically. the_ petition requests

S that.the NRC E suspend further. licensing-of nuclear facilities in the United.

L States pending. a study' and report of: the accident at the Chernobyl plant, and that the NRC review the findings and request public comment on such a

- report for their applicability to facilities licensed by the NRC.

The petition asserts as: grounds' for this request that there is :s similarity between e

Chernobyl. and boiling. water ' plants in the-United States. and that : the Chernobyl accident provides important industry experience which warrants.

- review of existing industry standards under NRC regulations. The request is

' being-treated pursuant to 10 C.F.R. I 2.206 of the Commission's regulations.

~ As provided by section 2.206, appropriate action will be taken on this request -

within a reasonable time.

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' A copy of. the petition - is available for, inspection in the Commission's Public Document Room, 1717 11 Street, N.W., Washington,.D.C.

20555.

l-i Dated at'.Bethesda, Maryland this _ day of

, 1987.

i FOR TIIE NUCLEAR REGULATORY COMMISSION ;

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i Thomas E. Murley, Director Office of Nuclear Reactor Regulation i

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UNITED STATES NUCLEAR REGULATORY COMMISSION 3

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WASHINGTON. D. C. 20655 9

EDO PRINCIPAL CORRESPONDENCE CONTROL 1

FROMi-DUE: 06/09/86 EDO CONTROL: 001720

_ DOC DT: 05/06/85 TOM. CARPENTER FINAL REPLY '

OAP, ET. AL.

TO:

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DENTON-

.FOR SIONATURE OF OREEN SECY NO:

DESC:

ROUTING:

2.206 REQUEST TO SUSPEND OPERATING LICENSES FOR DENTON FACILITIES UNDER CONSTRUCTION PENDING REVIEW OF TAYLOR SOVIET INCIDENT, ETC.

I DATE: 05/09/86 ASSIONED TO:'E CONTACT: GUNtD NUrten

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SPECIAL.' INSTRUCTIONS OR REMARKS:

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May 6, 1986 1

Mr. Harold Denton, Director Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission 1717 H Street N.W.

Washington D.C.

20555

Dear Director Denton:

The recent news of the catastrophe at a nuclear power. plant i

1 in the Soviet Union has significant implications for licensed l

facilities in the United States.

News accounts indicate that the Chernoby1' plant near Kiev has killed an unknown number of people already, and may claim thousands of lives in the near and distant l

future.

The Chernobyl accident raises serious immediate questions regarding the adequacy of safaty goals, the degree of confidence i

we can have that containment integrity will be maintained in an accident and the adequacy of current emergency planning requirements in the event that containment is breached.

There are likely to be other significant areas of concern as ws learn more about the Chernobyl accident.

The Nuclear Regulatory Commission (NRC) has a duty to reassure the public that it will take all possible steps to learn and act on the safety consequences.

After the Three Mile Island accident, the NRC rightfully placed licensing activities on hold until the relevant lessons from the accident were learned. That principle is no less valid, merely because the disaster occurred outside of U.S. borders.

In order to prevent a possible recurrence of this tragedy on American soil, pursuant to 10 CFR S

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Mr.-Harold Denton Page.2.

i 12.206 we petition the' Nuclear Regulatory l Commission to initiate all' currently available or potential legal options to learn as

expeditiously as.possible all material facts concerning the accident at the Chernobyl nuclear facility in the Soviet Ukrainst prepara ongoing, publicly-available analyses of this information's relevance for facilities licensed.by the.

. Commission; and prepara a final, published report of findings-on the same issue at the completion of the research

. project.

Additionally, pursuant to 10 CFR 2.206,-we ask that'the'NRC take the following immediate steps:

1) suspend the granting of operating licenses for U.S.

facilities under construction, at least until the completion of the final report on the Soviet accident and the report's relevance for licenses under NRC.

jurisdiction is understood.

2) review the findings of the final report to determine the l

safety consequences with respect to all currently-l licensed facilities still operating or under construction at the time the report is finished.

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3) request public comments on whether the record should be reopened to consider new issues raised in the final report that are material to any pending licensing proceeding or current license.

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Mr.LHarold Denton.

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Thank you for your prompt' consideration.of this petition.

While the Soviet accident is a catastrophe of unprecedented magnitude, it also may'be an opportunity to avoid a.similar event

'in'the' United States. We will supplement this petition'with-further' supporting information and'possibly modified requests for relief,-as additional facts become.available.

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Citize'ns Clinic' Director j

Government Accountability Project

'1555 Connecticut Avenue N.W.

Washington D.C.

20036 Kathleen M'.

Tucker Health and Energy Institute 236 Massachusetts Avenue N.W.

Washington D.C.

20002 Ken Bossong.