ML20235E772

Discusses Status of Director Decision in Response to Energy Probe & Western Reserve Alliance 870109 2.206 Petition Re Clamp Deficiencies,Qa/Qc Deficiencies & Fraudulent Activity by NRC Investigators

ML20235E772
Person / Time
Site:	Perry
Issue date:	09/23/1987
From:	Colburn T Office of Nuclear Reactor Regulation
To:	Holahan G Office of Nuclear Reactor Regulation
References
2.206, NUDOCS 8709280263
Download: ML20235E772 (2)

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September 23, 1987 MEMORANDUM FOR: Gary M. Holahan, Assistant Director  !

for Region III & V 3 Division of Reactor Projects - III, IV, V  !

& Special Projects {

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!p Martin Project J. Virgilio, Director Directorate III-1 l

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Division of Reactor Projects - III, IV, V

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FROM: Timothy G. Colburn, Project Manager  !

Project Directorate III-1 j l Division of Reactor Projects - III, IV, V

& Special Projects

SUBJECT:

STATUS OF DIRECTOR'S DECISION IN RESPONSE TO 2.206 PETITION j OF JANUARY 9, 1987, FROM ENERGY PROBE AND WESTERN RESERVE 3 ALLIANCE REGARDING THE PERRY NUCLEAR POWER PLANT  !

(WITS ITEM NO 2461) i On January 9,1987, Mr. David Poch and Mr. Donald Schlemmer filed for Energy l Probe and Western Reserve Alliance, respectively, a Petition pursuant to 10 I CFR 2.206 requesting that the Commission take certain actions regarding the i Perry Nuclear Power Plant (PNPP). The staff issued a letter acknowledging  !

receipt of the Petition on March 5, 1967, and on April 1, 1987, the  !

Petitioners amended their Petition in response to the staff's acknowledgement l 1etter. '

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The Petition provided three allegations as its basis requesting action  ;

('ncluding shutdown of the PHPP) by the Commission. These are (1) that pipe i clamp deficiencies in design, manufacture and installation for ASME Code Class  !

I and safety-related piping systems exist at PNPP, (2) quality assurance / quality '

l control (QA/QC) deficiencies exist at the GE San Jose, California, facility ,

l which have resulted in improper equipment installation at the PNPP and othe v. 3 by GE, and (3) alleged fraudulent activity by NRC investigators with regara to i a February 4,1986, petition submitted by Western Reserve Alliance. l l

The Petitioners requested shutdown of the PNPP, an independent design review  ;

I of the PNPP pipe clamps, removal of all GE San Jose supplied equipment from l affected plants as identified in Government Accountability Project (GAP) letters

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of October 5, 1985, and 0ctober 26, 1986, and rescinding the earlier Director's i Decision in response to the February 4,1986, Petition by Western Reserve i Alliance.

The status of the Director's Decision is as follows: The due date for the l

Director's Decision is September 30, 1987. A Partial Director's Decision was j attempted with a due date of July 31, 1987, to address two of the issues and i h

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1 defer decision on two other issues (fraudulent activity:by the_ staff and QA/QC-deficiencies at GE San Jose). Deferment on these issues was'necessary because'  ;

(1) OIA Had not yet'. completed its investigation into thefalleged wrongdoing-  !

(even though the investigation was:substantially complete and no supporti.ng'- .

evidence found) and (2) the GAP letters contained over 140 specific deficiencies-  !

alleged by a former GE employee which are currently being inspected by Vendor 1 Inspection Branch (the inspections _ effort is expected to. continue until March ,

1988). These inspections / investigations must be completed in order to address-the Petition.

i On August 18, 1987, a meeting was held in the office of the Assistant Director l for Region III & V Reactors with' 0GC to discuss their legal objections' to issuing a Partial Director's Decision. Based on legal counsel, it was decided ,

to issue a final Director's Decision following completion.of.the required j inspection effort. Therefore, this memorandum serves'as a formal request to-

extend the. response due date for WITS item 2461 until April 30, 1988.

Origina[pigcQ Timothy G. Colburn, Project Manager Project Directorate III-1 g' Division of Reactor Projects - III, IV V-

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