ML20205L129

Requests That Recent Ofc of Investigation Rept on 850702 criticality/out-of-sequence Control Rod Pull Incident Be Taken Into Consideration in 860215 10CFR2.206 & 2.202 Petition

ML20205L129
Person / Time
Site:	Fermi
Issue date:	03/28/1986
From:	Puntenney J SAFE ENERGY COALITION OF MICHIGAN
To:	Taylor J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
References
2.206, NUDOCS 8604030197
Download: ML20205L129 (2)

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SAFE ENERGY COALITION OF M]CH]GAN P.O. 30X 331 MC:iRCE. MI':MIGAN 48161 March 28, 1986

[ Mr. James Taylor

= Director

& Office of Inspection and Enforcement U.S. Nuclear Regulatory Commission 5 Washington, D.C. 20555 Dear Mr. Taylor E

7 Your letter of March 26, 1986 arrived today in regards to your office w considering the Safe Energy Coalition of kichigan's (SECOM) request for e action pursuant to 10 CFR 2.206 and 10 CFR 2.202. Also, there was

% enclosed the notice for receipt of our request.

T On March 12, 1986 at the NRC Fermi 2 Review Meeting in Washington.

Da C., I presented statements for SECOM. I stated that our organiza-1- tion would be sending an additional letter regarding our petition.

. We are requesting that the recent Officecof Investigations report on the Fermi 2 July 2nd criticality /out-of-sequence control rod pull incident be taken into consideration in the SECOM 10 CFR 2.206 and

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2.202 petition of February 15, 1986. On March 11, 1986 the Detroit

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News reported that sources within the NRC stated that the OI report con-cluded that the Detroit Edison Company had made material false state-ments that were willful and deliberate. This recently released in-formation adds important information to SECOM's allegations set forth

=- in our petition to the NRC regarding willfullness. It also supports E our request for revocation of Detroit Edison's operating license NPF-

& 43 On page four of the SECOM petition, final paragraph, we state:

5 "Section 186 (a) of the Atomic Energy Act of 1954 authorizes the NRC to revoke licenses under certain circumstances. Further the act states.

P "Any license may be revoked for any material fa.lse statement in the

-- application or any statement of fact required under Section 182, or

' because of conditions revealed by such application or statement of fact k or any report, record or inspection or other means which would warrant E the Commission to refuse to grant a license on any originhl application.

or for failure to construct or operate a facility in accordance with the

, terms of the construction permit or license or the technical specifica-E tions in the auplication, or for violations of, or failure to observe,

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any terms and rovisions of this ACT of of any regulation of the commis-t sion"(page 955 E Therefore we are requesting the NRC to use the OI report and its con-E clusions as part of your consideration of the proceedings we have 2 petitioned.

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8604030197 DR 860328

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In addition, I would like to draw your attention to the enclosed Re '

gion III letter. There is no mention of our request for hearings un-der 10 CFR 2.202 as stated in our petition. The letter to Detroit Edison states the NRC is giving the company the opportunity to respond if they so choose. Furthermore, in a letter, March 7,1986, to Walter McCarthy, Chairman, Detroit Edison Co., from James Keppler, Region III NRC administrator, Mr. Keppler mentions the SECOM petition. He states, "We may, request further information from the Detroit Edison Company Wih. respect to this petition." Mr. Keppler told Deco that the NRC has "no specific comments" with regard to Detroit Edison's " general plans 1 to address the various organizational problems or with the outlined ac-tions..." We are concerned that the NRC is not taking the situation and our petition seriously enough. We are very serious and very concerned with the Detroit Edison Company, the construction and condition of the Fermi 2 nuclear power plant (despite it being in shutdown mode), its equipment and the level of involvement your agency, the NRC, has taken.

With the fifteen years of problems v;that continue to this day, the NRC should be looking very, very carefully and closely with the utmost scrutiny in regards to enforcement and the regulations that have been viblated.

The Safe Energy Coalition of Michigan would like to know that our pe-tition is being reviewed with the utmost care and that there will public hearings held to publicly dis'close the facts in this serious controver-sy.

l Thank you for your letter and consideration in.this matter. Please

• let me know if additional information is needed by your office.

Sincere 1y, Jenni er E. Puntenney 24220 Locust l

Farmington Hills, Michi 48018 313-477-3441 CC:

Mr. ;Iarold Denton Mr. James Keppler Governor James Blanchard Rep. John Dingell Senator Don Riegle Senator Carl Levin Michigan Attorney General, Frank Kelly Monroe County Board of Commissioners Government Accountability Project Michigan Public Servic's Commission

UNITE 3 STATES f' [ p ase,oqk,

. Ig NUCLEAR CECULATORY COMMisslON

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Docket No. 50-341 The Detroit Edison Company l ATTN: Frank E. Agosti '

i Vice President i Nuclear Operations 6400 North Dixie Highway Newport MI 48166

. Gentlemen:

By letter dated February 15, 1986,' the NRC received the enclosed request from the Safe Energy Coalition of Michigan pursuant to 10 CFR 2.206 of our regula-tions, to institute a proceeding to revoke the' operating license of the Detroit Edison Company's Fermi 2 Nuclear Power Plant. NRC currently has the request under review.

The purpose of this letter is to give Detroit Edison the opportunity to respond to this request. If you choose to provide a response, please do so by March 28, 1986. We also request that you send a copy of your response to the petitioner

, at the time it is provided to us.

Should you have any questions regarding this matter, please contact either Ed Greenman or myself.

Sincerely.

Sh&O&

Charles E. Morelius, Director Division of Reactor Projects

Enclosure:

As stated See Attached Distribution C/_A

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• j.*$d C 7 EN Docket No. 50-341 The Detroit Edison Company ATTN: Walter J. McCarthy, Jr.

Chairman of the Board

• 2000 Second Avenue Detroit, MI 46226

Dear Mr. McCarthy:

This will acknowledge receipt of the January 29, 1986 Detroit Edison Company i response to the 10 CFR 50.54(f) letter dated December 24, 1985. Subsequent to receipt of your letter, we received the initial report of the triewndent Overview Committee's (IOC) assessment of management of the Fermi 2 facility.

Based on our recent telephone conversation, I further understand that the Independent Overview Committee will be conducting a review of the readiness of the Fermi 2 plant to restart prior to tt.e time such action is authorized by you. As we discussed, we will have the opportunity to meet with the Overview Comnittee to discuss the substance of the Committee's review and conclusions prior to restart of the Fermi plant.

We have one specific comment regarding the Reactor Operations improvement Plan.

This plan includes a number of instances where your stated goal is to " minimize the number" of several program indicators. In our discussions with the Connittee prior to restart. we will want to discuss the bases for these goals and the planned actions if the goals are not met.

We have no specific connents with regard to your proposed general plans to address the various organizational problems or with the outlined actions you plan to take prior to and through the restart of the Ferst 2 plant. Therefore, no further written response to the 50.54(f) letter is requested. However, we recognize that the Nuclear Operations Improvement Plan will not be initiated before May 1,1986, or fully implemented before July 1,1986. As such, in addition to our initial meeting with the IOC. we will meet with you monthly to r.anitor and evaluate your progress in implementing the plan.

As you are aware. the safe Enerav Coalitinn nf wichinan _ filed a petition on February 15, 1986, pursuant to 10 CFR 2.206 requesting revocation of Detroit Edison's operating license for the Fermi 2 plant. Some of the issues raised in the petition relate to our 50.54(f) letter and your January 29. 1986 response. We may request further information from The Detroit Edison Company with respect to this petition.

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'l' Detroit Edison Co. 2  ;,3.,,, y [ jjf3 Please let me know if you have any questions regarding this matter.

Sincerely,

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er James G. Keppler Regional Administrator cc: F. E. Agosti, Vice President

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