ML20215E934

Responds to 861103 Petition Per 10CFR2.206 Alleging That Plant Operator Failed to Disclose Conditions That Undermine Safety in Case of Seismic Event.Requests to Suspend OL & for Document Production & Discovery Denied.Fr Notice Encl

ML20215E934
Person / Time
Site:	Trojan File:Portland General Electric icon.png
Issue date:	12/16/1986
From:	Harold Denton Office of Nuclear Reactor Regulation
To:	Arum J, Kelley E, Marbet L AFFILIATION NOT ASSIGNED, FORELAWS ON BOARD
Shared Package
ML20215E936	List: ML20215E934 ML20215E969
References
CON-#486-1976 2.206, TAC-63987, NUDOCS 8612230179
Download: ML20215E934 (3)

Text

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• December 16, 1986 Docket No. ~50-344 DISTRIBUTION _ _._..

M (50-344)/

Elaine Kelley Local PDR NRC PDR 3609 S. E. Rockwood ED0#002316 ED0 Rdg.

Milwaukie, Oregon 97222 H. Denton/R. Vollmer T. Novak S. Varga Lloyd Marbet C. Vogan T. Chan 19142 S. Bakers Ferry Road OPA D. Mossburg (ED0#002316)

Boring, Oregon 97009 PD#3 Rdg. PD#3 GT File L. Harmon V. Stello John Arum, Co-Director SECf C..Rossi Forelaws on Board ASLAB J. Lieberman, OGC 320 S. W. Stark Street ACRS(16) J. Resner(2)

Suite 202 J. Martin J. Taylor, I&E Portland, Oregon 97204 ASLBP RE:' PORTLAND GENERAL ELECTRIC COMPANY (TROJAN NUCLEAR PLANT) i

Dear Madam and Sirs:

This is to acknowledge receipt of your Petition pursuant to 10 CFR $2.206 dated November 3,1986 directed to the Offices of Nuclear Reactor Regulation and Inspection and Enforcement. My Office will respond to your Petition.

In your Petition, you alleged that the Portland General Electric Company (licensee), operator of the Trojan Nuclear Plant, failed to disclose to the NRC conditions that undermine the safety of the Trojan facility in case of a seismic event. The Petition alleges that the licensee failed to disclose the magnitude and extent of certain design deficiencies at the Trojan Nuclear Plant, specifically structural deficiencies in the walls of the control building and the diesel generator enclosures. As a result, the Petition alleges that 10 CFR Part 50, Appendix A. " General Design Criteria for Nuclear Power Plants," and 10 CFR Part 100, Appendix A. " Seismic and Geologic Siting Criteria for Nuclear Power Plants," have not been satisfied. As a consequence, the Petition alleges that the facility is not designed to withstand the Safe Shutdown Earthquake. In addition to alleging that the licensee failed to disclose this information to the NRC, the Petition alleges that the reporting requirements of 10 CFR Part 21 were also violated. The Petition requests that a proceeding be instituted to suspend the operating license of the Trojan facility. Further, the Petition requests that the operating license for the Trojan facility should be suspended immediately pending completion of such a proceeding.

The NRC staff is well aware of the technical concerns regarding masonry block shear wall design at the Trojan Nuclear Plant, which have been expressti in your Petition. It appears that your concerns include those which the NRC has investigated and evaluated since April 1978.

8612230179 861216 PDR ADOCK 05000344 P PDR

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_2-The staff concluded in May 1978 that, because of errors in the design of the control building, the structure did not meet the seismic criteria relating to the Operating Basis Earthquake. At the same time, however, the staff determined that the criteria applicable to the Safe Shutdown Earthquake were still satisfied, notwithstanding the design errors. Subsequent notifications by the licensee indicated that the seismic capability of certain safety-related masonry walls to support loads associated with piping and pipe supports and restraints might also be suspect.

The licensee has since performed NRC-ordered modifications to the structures which were found to be nonconforming, to the extent that the Control Building and safety-related masonry wall structures are now in compliance with the require-ments of the operating license, and that the intended design margins have been reinstated. As such, the structures which were referenced in your Petition, as currently constructed, do not endanger the health and safety of public in the case of a seismic event. Since your Petition does not appear to contain information which was not previously considered and evaluated by the staff, your request for an insnediate suspension of the Trojan Nuclear Plant operating license is denied.

You also request in your Petition that the NRC issue an Order requiring the licensee to provide the Petitioners with copies of all documents associated with its litigation with Bechtel Corporation regarding potential deficiencies in the design, engineering, construction or repair of the Trojan Plant and that Petitioners should also have the opportunity to conduct discovery. It is not the policy of the NRC to direct its licensees to provide documents in their possession to third parties, other than pursuant to discovery requests in adjudicatory proceedings conducted before Atomic Safety and Licensing Boards or an Administrative Law Judge. A petition pursuant to 10 CFR 92.206 does not initiate an adjudication and, consequently, discovery is inappropriate.

To the extent that documents in the possession of either the licensee or Bechtel need to be examined in order to resolve any safety concerns raised in your Petition, the NRC will take direct measures to have such a review performed. Consequently, your requests regarding document production and discovery are denied.

The NRC staff will continue to review the Petition and I will issue a formal decision with regard to it in the reasonably near future. A copy of the Notice that is being filed for publication with the Office of the Federal Register is enclosed for your information.

Sincerely,dby Originst Sign:

H. R. Dentog ;

Harold R. Denton, Director Office of Nuclear Pcactor Regulation

Enclosure:

As stated cc: James Durham, Esq. Michael Fletcher, Esq.

i Portland General Electric Company Bechtel Power Corp.

i 121 Southwest Salmon 50 Beale Street Portland, Oregon 97?04 San Franci co, California 94105 y

• SEE PREVIOUS CONCURRENCE Ms+

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The NRC staff will continue to review the Petition and 14111 issue a formal decision with regard to it in the reasonably near future. A copy of the Notice that is being filed for publication with the_.0ffice of the Federal Register is enclosed for your information. /

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Sincerely, p

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/

Harold R. Denton, Director Office of Nuclear Reactor Regulation

Enclosure:

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As stated '

cc: James Durham, Esq.-

Portland General' Electric Company 121 Southwest Salmon '

Portland, Ore'gon 97204 Michael. Fletcher, Esq.

Bechtel Power Corp.

50 Beale Street San Francisco, California 94105 PD#3 PDf3 OGC D:DIR DD:NRR DIR:NRR CVogan$ TChan ia TNovak RVollmer HDenton 12y86 12/g'/86 '86 12/ /86 12/ /86 12/ /86 12/ /86 l

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