ML20203L412

Petition for Immediate Suspension of License NPF-39 Under 10CFR50.100 Due to Util False Statements Revealed in RM Bernero Re Intent to Shut Down Plant for Testing of Excess Flow Check Valves

ML20203L412
Person / Time
Site:	Limerick
Issue date:	08/21/1986
From:	Anthony R ANTHONY, R.L., FRIENDS OF THE EARTH
To:	NRC COMMISSION (OCM)
References
CON-#386-475 2.206, NUDOCS 8608260184
Download: ML20203L412 (2)

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U.S. NUCLEAR REGULATORY COMMISSION @j[{E.D

$. 206 RE: PHILA. ELEC. CO. Limerick Gen Sta. Units 1 & 2 DOCKET # 50-352,353

'86 Auli 25 P1 :30Auguet 21,1986 PETITION TO THE COMMISSION FROM ANTE 0NY/ FOS FOR I'iMEDIATE SUSPENSION OF OP.LIC. NPF-39 under 100FR,SEC. 50.100 BEC Q pF. FALSE STATEMENTS BY PECO REVEALED IN 8/5/86 LETTER OF DIRECTOR GDut;ELICSISINf, D PETITION .

FOR A HEARING ON REY 0 CATION OF THE LICENSE ON TNbMSIS 0 FALSE STATEMENTS. <

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R.L. Anthony /F0E,iutervenors,were served a copy of a letter dated 8/5/86 '

from Robert M. Bernero,Dir. Div. of BWR Licensing,to E.G.Bauer, Gen, Counsel, l PEco, which questions the basis on which Lic. Amendment # 1 was issued on 2/6/86 and which further challanges the validity of Lic. NPF-39 in thatt the letter concerns the continuing operability of statements previously made by the Philadelphia Electric Company (PECo) in support of licess-ing getivities for the Limerick Generating Station, Units 1 and 2.

(Bernero8/5/86)

The letter explains that PEco applied for and was granted the amend-meat on th's basis that the plant w6uld have to be shut down for the test-ing' of excess flow check v alves under Teck.Spao. 4 6 3 4 Contrary to this:

The issue that concerns us here is that from late February through May 2, 1986 the potential for testing a subset of the excess flow check valves 1 in Technical Specifications 4.6 3 4 while at power was explored,proced- i ures were developed and testing was carried out on this subset of valves while the unit was at power.

(Bornero8/5/86) l

1. As set forth in the Director's letter (Bemero 8/5/86) Amendment #1 was secured and utilized by PEco under false pretenses and ou false infor-metion. We show below that this deception by PEco was deliberate and will-f ul. We,therefore, invoke the authority of thg Commission under 10 CFR  ;

50.100 to suspend and revoke Lic.NPF-39 and4 apply under the procedure in 10 CFR Subpart B,as prescribed in Sec. 2.200 (a): 1 i

..upon a request by any person,to impose requirements by order.or to modify, suspend or revoke a license,or to take other action as may be i proper,against any person subject to the jurisdiction of the Commission. l We thus avail ourselveS )cedures assigned to us in Sec.2.200 (above) to request an immediate suspension of Lic.NPF-39,a hearing on permanent re-vocation of the license and its revocation. instituting of procedures to impose civil penalties on PECo,and sanctions against PECo's lawyers for participating in the use of falso inforsqtion and deception of NRC.

2. Since the Director's letter (Bernero 8/5/86) already constitutes a written notice of violation we request the Director under 10 CFR 2.205 to 8608260184 860821 PDR ADOCK 05000352 dSal o

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institute proceedings to impose civil penalties on PECo for utilizing i falso information to secure Amendment # 1 and operating under it while contradicting its basis,i.e. that the plant had to be shut down before l

the excess flow check valves could be tested. I

3. We request that the Director under 10 CFR 2.201 (c) find that the above violation,1.e. the use of falso information, was done knowingly on PEco's part and was a willful violation and,therefore, must be designated as willful,and an order to show cause why the license should not be sus-pended should immediately be issued as provided in paragraph (c) above.

4. We further request the Director to additionally expedite the sus-pension order by finding under Sec. 2.202 (f) that the violation was will-ful and that a permanent revocation of the license is required because of the use of false information and that the revocation be made temporarily effective pending the finding of the Director for revocation of Lic.NPF-39.

5. We request a hearing for the purpose of establishing a public re-cord on the evidence in NRC's possession as to falso information from PECo towhichMr.Bernerorefers(8/5/86)iniThisletterconcernsthecontinuing operabilitT of statements previously made by the Philadelphia Electric Con-pany(PEco) in support of licensing activities for the Limerick Station.."

6. We request the Director under the proceedings to impose civ 1 pen-altiesunderSeo2.205(Para.2above)toaddpenaltiesfortheErhaSI!*780( 4 communications between PECo and NB: which have been withheld from the par-ties,but which were referred to in Mr.Berero's letter (8/5/86):

Based on our conversations with members of your staff we understand that your staff is now fully appraised of the events surrounding this issue and is sensitive to the need to maintain the high standards of communication in these matters.

7. We request that the NRC Legal Counsel invoke sanctions against Mr.

Troy Conner and the members of Conner & Wetterhahn for their part in the use of falso information in the securing and use of Amendment #1 as typified byMr. Conser's letter of 5/5/86 to Judges Moore,Wilber and Gotchy:

Limerick Unit 1 was shut down on May 2,1986. #he reactor will be shut down for approximately six weeks during which all of the tests on the excess flow check valves,which were the subject of the captioned pro-coedings,will be performeed.

This is obviously a falso statement since a subset of check valves had already been tested during plant operation according to Mr.Bernero(8/5/86)

I certify copies by mail to: NRC Gen. Counsel Docketin R.Bernero, Staff Counse udges,LB Judges,donner & g Respectfpily gg Li y >

Wetterhaka 5/A2/s, L, /ht27 Box 186 Moylan,P .19065 m