ML20247N183
| ML20247N183 | |
| Person / Time | |
|---|---|
| Issue date: | 07/18/1989 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| References | |
| FRN-53FR30905, RULE-PRM-50-53 NUDOCS 8908020318 | |
| Download: ML20247N183 (5) | |
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- DOCKET NUMEER.PRM S0-53 RETITION RULE (St/ fB 30 90 S) 89 JUL 19 P6 :21
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GCCri in NUCLEAR REGULATORY COMMISSION' '
10 CFR PART 50
[DocketNo.PRM-50-53]
The Ohio Citizens for Responsible Energy; Receipt of Petition for Rulemaking AGENCY: Nuc' ear Regulatory Comission.
ACTION:
Petition for rulemaking:
Notice of receipt.
SUMMARY
- The Nuclear Regulatory Comission (NRC) is publishing for public coment a notice.of receipt of a petition for rulemaking dated May 26, 1989, which was filed with the Comission by the Ohio Citizens for Responsible Energy (OCRE). The petition was docketed by the Comission on May 26, 1989, and has been assigned Docket No. PRM-50-53. The petitioner requests that the NRC reopen the ATWS rulemaking proceeding. This request was one portion,of a request by OCRE that NRC take a number of actions to relieve alleged undue risks posed by the thermal-hydraulic instability of boiling water reactors (BWRs).
DATE: Submit comments by September 25, 1989.
Comments received after this date will be considered if it is practical to do so, but the Comission is able to assure consideration only for comments received on or before this date, fab loske th
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M/U 4 AI fef,4r 50-53 PDR
i ADDRESSES: Submit written comments to the Secretary of the Comission, U.S.
Nuclear Regulatory Commission, Washington, DC 20555, Attention: Docketing and Service Branch.
For a copy of the petition, write the Regulatory Publications Branch, Division of Freedom of Information and Publications Services, Office of Administration, U.S. Nuclear Regulatory Comission, Washington, DC 20555.
The petition and copies of comments received may be inspected and copied for a fee at the NRC Public Document Room, 2120 L Street NW, Lower Level, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Michael T. Lesar, Acting Chief, Rules Review l
Section, Regulatory Publications Branch, Division of Freedom of Information and Publications Services, Office of Administration, U.S. Nuclear Regulatory Comission, Washington, DC 20555, Telephone:
301-492-7758 or Toll Free:
800-368-5642.
SUPPLEMENTARY INFORMATION:
On July 22, 1988, the Ohio Citizens for Responsible Energy (OCRE) filed a request for action under 10 CFR 2.206 with the Nuclear Regulatory Comission (NRC). This petition was referred to the Director, Office of Nuclear Reactor Regulation (NRR)forconsideration.
Under the provisions of 10 CFR 2.206, a person may request that the NRC institute a proceeding to modify, suspend, or revoke a license or take any other action that may be proper under 10 CFR 2.202. Section 2.202 authorizes the Executive Director for Operations and the Office Directors with program authority to take this type of action by serving an order to :how cause on the licensee.
This type of proceeding. generally 2
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l referred to as a petition for a director's decision under 10 CFR 2.206, involves licensing actions and pertains to a specific facility or class of facilities.
i OCRE requested that the Director, NRR, take immediate action to relieve alleged undue risks to the public health and safety posed by the thermal-hydraulic instability of boiling water reactors (BWRs) revealed by the power oscillation event at LaSalle Unit 2 on March 9, 1988 (LaSalle Event). The petitioner specifically requested the NRC to order all BWR licensees to (1) place their reactors in cold shutdown, (2) develop and implement specified operating procedures relating to the thermal-hydraulic instability issues, (3) demonstrate that certain specified training has been provided relating to these procedures, (4) demonstrate the capability of instrumentation related to power oscillations, (5) develop simulators capable of modeling power oscillations similar to those occurring at LaSalle as well as out-of-phase power osefilations, (6) report to the NRC all past and future incidents in which recirculation pumps have tripped off, or in which power oscillations were involved, and (7) submit to the NRC justification for continued operation of L'WRs.
In addition, the petitioner requested that the NRC reopen Generic Issues B-19 and B-59, snd also the Anticipated Transients Without Scram (ATWS) rulemaking proceeding. The petitioner suggested that resolution of the ATWS problem depends on measures other than tripping the recirculation pumps to rapidly reduce reactivity.
In this regard, the petitioner specifically suggests the use of an automatic, high-capacity standby liquid control system.
Finally, the petitioner suggests that the NRC reconsider the use of the End-of-Cycle Recirculation Pump Trip on BWRs.
The Director, NRR, acknowledged receipt of the request for action in a letter to the petitioner dated August 26, 1988. The Director informed the 3
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3 petitioner that (1) the request for imediate relief was denied because the.
allegations that formed the basis for the petition did not reveal any new operational safety issues that posed an immediate safety concern for continued BWR operation, (2) the petition would be treated under 10 CFR 2.206 of the Comission's regulations, and '(3) appropriate action would be taken within a re'.sonable amount of time.
On April 27, 1989, the Director, NRR, responded to the OCRE request for action in a Director's Decision under 10 CFR 2.206. The NRC denied the petitioner's requests for action pursuant to 10 CFR 2.206 because the issuance of proceedings under 10 CFR 2.202 is appropriate only where substantial health and safety issues have been raised. The NRC determined that the pctitioner's request did not raise any substantial health and safety issue.
In the Director's Decision (DD-89-03) the NRC denied all of the petitioner's requests, ucept for the request to reopen the ATWS rulemaking proceeding, which would be more properly treated as a petition for rulemaking under 10 CFR 2.802. A copy of the Director's Decision (DD-89-03) was filed with the Secretary of the Comission for the Comission's review as directed by 10 CFR 2.206 and notice of this action was published in the Federal Register on May 10, 1989 (54 FR 20218).
Under 10 CFR 2.802, an interested persen may petition the Comission to issue, amend, or rescind any regulation.
Because OCRE's request to reopen the ATWS proceeding could ultimately result in an amendment to the regulations in 10 CFR Part 50, the NRC is treating this portion of OCRE's request separately as a petition for rulemaking under 10 CFR 2.802.
The ATWS portion of OCRE's request was docketed as a petition for rulemaking under 10 CFR 2.802 on May 26, 1989 (Docket No. PRM-50-53).
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o As background information, the NRC publisheo a final rule on June 26, 1984 (49 FR 26036), that was intenced to reduce the risks of an ATWS event for a light-water-cooled nuclear power plant. An ATWS event takes place if an abnormal operating condition (anticipated transient) occurs at a nuclear power plant which could cause the reactor protection system to initiate a rapid shutdown (scram) of the reactor but the reactor shutdown system fails to function. The final rule, codifiec in 10 CFR 50.62,. required the installation of certain equipment in nuclear power plants and encouragea the development of a reliability assurance program for the reactor trip system.
The NRC is currently performing confirmatory analyses of ATWS events.
If evidence from these evaluations, or coments received as a result of this notice, show contradictions of assumptions and results of previous ATWS analyses, it may be appropriate for the Commission to reconsider the current ATWS rule.
I FC Dated at Rockville, Maryland, this k day of % u. 7 1989.
or the Nuclear Regulatory Commission.
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q amuel J L.nl i K,
Secretary of the Comission.
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