ML20214W637

Petition of Toledo Coalition for Safe Energy,Sunflower Alliance,Inc,S Sass & SB Carter for Revocation,Mod or Suspention of OL Per 10CFR2.206.* No Regulatory Review Has Taken Place at Plant in Response to Reed Rept.W/Svc List

ML20214W637
Person / Time
Site:	Perry
Issue date:	06/05/1987
From:	Lodge T CARTER, S., LODGE, T.J., SASS, S., INTERVENOR, SUNFLOWER ALLIANCE, TOLEDO COALITION FOR SAFE ENERGY
To:	Atomic Safety and Licensing Board Panel
References
CON-#287-3734 2.206, NUDOCS 8706160114
Download: ML20214W637 (5)

Text

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e June 5, 1987

'87 JUN 11 A8 ;59 UNITED STATES OF AMERICA crF:

NUCLEAR REGULATORY COMMISSION 00C" f, l Before the Atomic Safety and Licensing Board In the Matter of )

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The Cleveland Electric )

Illuminating Company, et.al. Docket Nos. 50-440 ,yg (Perry Nuclear Power Plant, ) 50-441 Units 1 and 2) )

PETITION OF TOLEDO COALITION FOR SAFE ENERGY, SUNFLOWER ALLIANCE, INC., STEVEN SASS AND SUSAN B. CARTER FOR REVOCATION, it0DIFICATION OR SUSPENSION OF OPERATING LICENSE PER 10 C.F.R. 52.206 4

A. Petitioners

1. Petitioner Toledo Coalition for Safe Energy ("TCSE") is an association of persons living in northwestern Ohio who espouse the use of nonnuclear energy production alternatives. Many TCSE members are residential or commercial ratepayers of the Toledo Edison Company, a partner in the ownership of Perry Nuclear Power Plant (hereinafter "PNPP").

2. Petitioner Susan B. Carter is a residential ratepayer of Toledo Edison Company, the utility which operates PNPP.

3. Petitioner Sunflower Alliance. Inc.,is a nonprofit corporation under the laws of the State of Ohio, the members of which espouse the use of non-nuclear energy production alternatives, and which further educates the public and its membership concerning economic and safety problems at the Perry Nuclear Power Plant. *

4. Petitioner Steve Sass lives approximately eighteen (18) miles from PNPP, in Ashtabula, Ohio.

8706160114 870605 DR ADOCK 0 g0 C -

B. Jurisdictional Statement

5. Jurisdiction is vested in the Nuc1 car Regulatory Commission, Director of Nucicar Reactor Regulation, by 10 C.F.R. 52.206 and 10 C.F.R. 52.202, to receive and process requests from "any person" to institute a proceeding to modify, suspend or revoke an operating license for a commercial n'uclear power plant.

6. . Cleveland Electric Illuminating Company (hereinafter "CEI") possesses a license per 10 C.F.R. Part 50 to operate PNPP.

C. Factual Allegations

7. PNPP Unit I is a General Electric Corporation BWR6/ Mark Ill contain-ment boiling water reactor.

8. On May 30, 1987, it.was publically revealed for the first time, in a copyrighted article in the Cleveland Plain Dealer,that in 1975 a team of General Electric enF i neers recommended that the firm cease selling reactors of the afore-mentioned design because the design "does not constitute a quality product."

Called the " Reed Report." the study capped an eight-month-long internal investigation of General Electric's design for the containment vessel and reactor. The report further conto.ined a recommendation by its authors that General Electric should offectively cease marketing the reactor and containeent design, because, inter alia, the technology to fix problems was prospectively not going to be available; the d'esign was believed to be unusually subject to carthquake hazards; that plant workers might be unusually subject to rediation exposures; that safety systems contained in the denign had not been subjected to adequate testing; and that inadequate or undertested metals could create defectively-performing systems.

9. The Reed Report is not known to.be part of the public record anywhere.

10. Upon information and belief, the Nucicar Regulatory Commission has been privy to the report, but han affirmatively refused to apply or analyze its con-clusions to a re-evaluation of Mark III design reactors, including PNPP.

11. Upon information and belief, employeen, officern and/or agents of L . . , ,

CEI have, on the one hand, acknowledged the existence of the Reed Report and indicated that hundreds of millions of dollars' worth of retrofits were made during PNPP construction, and on the other, that CEI knew nothing about the report while PNPP was being built, and that no design mddifications were made. From these allegations, it appears that either some or no CEl-sponsored analysis or NRC regulatory review has taken place at PNPP in response to the Reed Report conclusions.

WHEREFORE, Petitioners, Susan B. Carter, Toledo Coalition for Safe Energy, Sunflower Alliance, Inc and Steve Sans demand that the Nuclear Regulatory Commission require Cleveland Electric Illuminating Co. to show cause why its operating licanse for Perry Nuclear Power Plant should not be suspended,tnod-ified or terminated pending exhaustive review by an independent study group of ap'plicability of the Reed Report and associated General Electric internal data to PNPP's design and operations. Further, the Petitioners demand that the Commission issue an immediate order restraining Perry from further operation, or any contemplated date for the restart of generation of it is shutdown as of date of action upon this Petition, pending full adjudication of the within issues. Further, the Petitioners demand that the Commission afford the public living within 50 miles of Perry Nuclear Power Plant such other and futher relief, at law and in equity, as may be deemed properly necessary to serve the public interect.

f Luyi%YNkW Terry / than Lodge, Esq.U

, 618 NJ ? higan St., Suite 201 Toledo, hio 43624 (419)255-7552 Counsel for Petitionero Susan B. Carter, Toledo Coalition for Safe Energy.

Sunflower Alliance, Inc, and Steve Sass

CERTIFICATION I hereby certify that a copy of the foregoing " Petition for Revocation, Modification or Suspension of Operating License per 10 C.F.R. 52.206" was sent by me via regular U.S. Mail, postage prepaid this day of June, 1987 to the persona or entitien set forth in the attached Service 1.ist, except that a copy was sent via certified U.S. Mail, returned receipt requested, to Jay Silberg, Esq.

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& ,%.Ytr~ bhW Terry'pi..thanLodge U e

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L SERVICE LIST 22L ei ii i

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-Jay Silberg, Esq. N Shaw, Pittman, Potts & Trowbridge 2300 N Street CFF n > - *'

Washington, D.C. 20037 00Celig][fj "#J Anthony Celebreeze, Esq.

Attorney Cencral of Ohio State Office Tower, 17th Floor Columbus, Ohio 43266-0410 Lando W. Zech, Jr., Chairman U.S. Nuclear Regulatory Commission Washington, D.C. 20555

! Thomas M. Roberts, Commissioner U.S. Nuc1 car Reguintory Commission l Washington, D.C. 20555 ,

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! James K. Asselstine, Commissioner U.S. Nuclear Regulatory Commission Washington, D.C. 20555

! Frederick Bernthal, Comminstoner U.S. Nucicar Regulatory Commission Washington, D.C. 20555 Kenneth H. Carr, commissioner U.S. Nucicar Regulatory Commission

! Washington, D.C. 20555 I Docketing and Service Section U.S. Nucicar Reguintory Commission ,

Washington, D.C. 20555 l William C. Parler, ESq..

l U.S. Nucicar Regulatory Commission Washington, D.C. 20555 Director of Nuclear Reactor Regulation .

U.S. Nuc1 car Regulatory Commission Washington, D.C. 20555 l

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