ML20198D944

Notice of Receipt of Petition for Directors Decision Under 10CFR2.206.Petitioner Requests That Enforcement Action Be Taken to Require an Immediate Shutdown of PNPP

ML20198D944
Person / Time
Site:	Perry
Issue date:	12/16/1998
From:	Collins S NRC (Affiliation Not Assigned)
To:
Shared Package
ML20198D884	List: ML20198D880 ML20198D944 ML20198D971
References
2.206, NUDOCS 9812230295
Download: ML20198D944 (2)

Text

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7590-01-P l

U. S. NUCWAR REGULATORY COMMISSION DOCKET NO. 50-440 LICENSE NO. NPF-58 THE CLEVELAND ELECTRIC ILLUMINATING COMPANY. ET AL RECEIPT OF PETITION FOR DIRECTOR'S DECISION UNDER 10 CFR 2.206 Notice is hereby given that by Petition dated November 9,1998, David A. Lochbaum (Petitioner), acting on behalf of the Union of Concerned Scientists (UCS), has requested that the U.S. Nuclear Regulatory Commission (NRC) take action with regard to the Perry Nuclear Power Plant, Unit No.1 (PNPP), operated by The Cleveland Electric illuminating Company and Centerior Service Company. Petitioner requests that enforcement action be taken to require an I

immediate shutdown of the PNPP, and that the facility remain shut down until all failed fuel assemblies are removed from the reactor core. As an altemate action, UCS also stated that following the requested shutdown, PNPP could be restarted after its design and licensing bases were updated to permit operation with failed fuel assemblies. Additionally, the Petition requested a public hearing to presant new plant-specific information regarding the operation of j

PNPP, as well as to discuss a UCS report dated April 2,1998, entitled " Potential Nuclear Safety Hazard / Reactor Operation With Failed Fuel Cladding."

As the basis for the request, the Petitioner cited the NRC's Weekly information Report for the week ending October 30,1998, that describes the apparent existence of two pin hole fuel leaks at the Perry facility. In the opinion of the Petitioner, operation with one or more faihd fuel assemblies is not permitted by the Perry design and licensing bases. In addition, the Petitioner stated that by operating with possible failed fuel cladding, PNPP is violating its licensing basis for the radiation worker protection (as low as reasonably achievable [ALARA])

i program. The Petitioner referred to NRC Information Notice No. 87-39, " Control of Hot Particle 9812230295 981214 PDR ADOCK 05000440 0

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j Contamination at Nuclear Plants," which describes how continued operation with degraded fuel l

may elevate radiation exposure rates for plant employees.

l The Petitioner further reasserted the UCS position that nuclear power plants operating l

l with fuel cladding failures are potentially unsafe and are in violation of Federal regulations. In l

its April 1998 report, the UCS stated that it has not been demonstrated that the effects from l

design-bases transients and accidents (i.e., hydrodynamic loads, fuel enthalpy changes, etc.)

l prevent pre-existing fuel failures from propagating. Therefore, the Petitioner concluded that it i

l was possible that "significantly more radioactive material will be released to the reactor coolant i

system during a transient or accident than that experienced during steady state operation."

l The request is being treated pursuant to 10 CFR 2.206 of the Commission's regulations.

l The request has been referred to the Director of the Office of Nuclear Reactor Regulation. As l

provided by Section 2.206, appropriate action will be taken on this petition within a reasonable l

time. By letter dated December 16,1998, the Director denied Petitioner's request for l

enforcement action to require The Cleveland Electric illuminating Company to immediately shut down PNPP. In addition, the Director also extended an offer to the Petitioner for an informal l

public hearing at a date to be determined. A copy of the petition is available for inspection at l

l the Commission's Public Document Room at 2120 L Street, N.W., Washington, D.C. 20555-0001.

I FOR THE NUCLEAR REGULATORY COMMISSION a

iuTe.. v ins, Direc or ~

j Office of Nuclear Reactor Regulation Dated at Rockville, Maryland,

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This 16thday of l

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