ML20235E897

Ack Receipt of Toledo Coalition for Safe Energy,Sunflower Alliance,S Sass & SB Carter 870605 Petition for Revocation, Mod or Suspension of OL Under 10CFR2.206.Formal Decision Will Be Issued in Near Future

ML20235E897
Person / Time
Site:	Perry
Issue date:	06/30/1987
From:	Murley T Office of Nuclear Reactor Regulation
To:	Lodge T LODGE, T.J.
Shared Package
ML20235E900	List: ML20235E897 ML20235E927
References
2.206, NUDOCS 8707130130
Download: ML20235E897 (3)

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[ e arou g, .g UNITED STATES y p, NUCLEAR REGULATORY COMMISSION in aj WASHINGTON, D. C. 20555  ;

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'% ,,j # June 30,1987 Docket Nos. 50-440 i 50-441 Terry Jonathan Lodge, Esquire j 618 N. Michigan Street Suite 201 Toledo, Ohio 43624

Dear Mr. Lodge:

il This is to acknowledge receipt of (1) a " Petition of Toledo Coalition for Safe Energy, Sunflower Alliance, Inc., Steven Sass and Susan B. Carter for Revocation, E Modification or Suspension of Operating License per 10 C.F.R. 92.206," filed by a you on behalf of the named Petitioners on June 5, 1987, before the Atomic g Safety and Licensing Board, and (2) " Sunflower Alliance's Motion to Reopen the g Record and to Submit a New Contention," filed by you on behalf of Sunflower l

Alliance on June 5, 1987, with the Nuclear Regulatory Commission (NRC). Both documents have been referred to my Office for consideration pursuant to 10 C.F.R. 92.206. The documents will be jointly referred to as the Petition.

The Petition asked NRC to issue to the Cleveland Electric Illuminating Company, et al. (Licensees) an Order to Show Cause why the operating license for the Perry Nuclear Power Plant, Units 1 and 2 (Perry facility) should not be suspended pending an exhaustive review by an independent study group of the

, applicability of the Reed Report (a 1975 General Electric (GE) reactor study) and associated GE internal data to the design and operation of the Licensees' Perry facility. Pending the issuance of an Order, the Petition sou0 th immediate suspension of operation of the . Perry facility. The Petition alleged that the 3 Reed Report identified problems with the GE BWR-6/ Mark III containment boiling )

water reactor. Specifically, the Petition alleged that (1) technology to fix l

problems would not be available; (2) the design is unusually subject to l earthquake hazards; (3) plant workers might be unusually subject to radiation dl exposures; (4) safety systems contained in the design had not been subjected .

J to adequate testing; and (5) inadequate or undertested metals could create defectively performing systems.

With respect to the Petition's request that the Commission issue an immediate Order suspending operation of the Perry facility based on the Reed Report, I decline to take such action for the following reason.

The NRC staff has reviewed the Reed Report several times. As early as February 23, 1976, two NRC staff members reviewed the report at the GE offices in Washington, D.C., to determine if the report expressed safety concerns that NRC had not already identified and to determine if GE had reported all significant safety issues, as required by Section 206 of the Energy Reorganization Act of 1974. In its review, the staff did not identify any new areas of safety concern or any instances where significant safety concerns had not been reported to the NRC. The staff reviewed the contents of the Reed Report again 8707130130 s70630 0 PDR ADOCK 050 P

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1 in April 1978 at the GE offices in Washington, D.C., along with a member of the staff of Congressman John Dingell. This review was conducted in response to a request from Congressman Dingell for additional information on the report. The staff also reexamined the issues addressed in the Reed Report during the 1979 Black Fox licensing proceedings. And, most recently, the staff has undertaken a re-review of the Reed Report to assess from a 1987 perspective the safety significance of the issues raised in the report. On the basis of this review effort to date, the staff has concluded that there is no need to restrain operation of the licensed BWR-6 reactors. The results of this review are expected to be available this summer.

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.

I have enclosed for your information a copy of the notice that is being filed for publication with the Office of the Federal Register.

Sincerely, Original signed by, ThomasI. Murley Thomas E. Murley, Director i Office of Nuclear Reactor Regulation 1

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Enclosure:

Fe,deral e Register Notice l

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cc w/ enclosure and incoming:

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Mr. Murray R. Edelman,-Sr. Vice President Nuclear Group The Cleveland Electric Illuminating Company P.O. Box 5000 Cleveland, Ohio 44101 l

l Shaw, Pittman, Potts & Trowbridge Mr. James W. Harris, Director l 2300 N Street, N.W. Division of Power Generation Washington, D.C. 20037 Ohio Department of Industrial Relations Donald H. Hauser, Esq. P.O. Box 825 The Cleveland Electric Columbus, Ohio 43216 Illuminating Company P.O. Box 5000 The Honorable Lawrence Logan Cleveland, Ohio 44101 Mayor, Village of Perry 4203 Harper Street Resident Inspector's Office Perry, Ohio 44081 U.S. Nuclear Regulatory Commission Parmly at Center' Road The Honorable Robert V. Orosz Perry, Ohio 44081 Mayor, Village of North Perry North Perry Village Hall Regional Administrator, Region III 4778 Lockwood Road U.S. Nuclear Regulatory Commission North Perry Village, Ohio 44081 799 Roosevelt Road Glen Ellyn, Illinois 60137 Attorney General Department of Attorney General Frank P. Weiss, Esq. 30 East Broad Street Assistant Prosecuting Attorney Columbus, Ohio 43216 l 105 Main Street i Lake County Administration Center -Radiological Health Program-l Painesville, Ohio 44077 Ohio Department of Health 1224 Kinnear Road Ms. Sue Hiatt Columbus, Ohio 43212 OCRE Interim Representative 8275 Munson Ohio Environmental Protection Mentor, Ohio 44060 Agency 1 361 East Broad Street  !

Terry J. Lodge, Esq. Columbus, Ohio 43266-0558 l 618 N. Michigan Street Suite 105 Mr. James R. Secor, Chairman /l Toledo, Ohio 43624 Perry Township Board of Trustees Box 65 John G. Cardinal, Esq. 4171 Main Street Prosecuting Attorney Perry, Ohio 44081 Ashtabula County Courthouse Jefferson, Ohio 44047 State of Ohio Public Utilities Commission Eileen M. Buzzelli 180 East Broad Street The Cleveland Electric Columbus, Ohio 43266-0573 Illuminating Company P. O. Box 97 E-210 Perry, Ohio 44081

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