ML20136G379

Discusses Actions Re Claims of Alleged Inadequacies in Containment Leak Rate Tests Performed at LWR Plants.Matter Will Not Be Considered Further

ML20136G379
Person / Time
Site:	Palo Verde, Zion, 05000000
Issue date:	11/18/1985
From:	Bernero R Office of Nuclear Reactor Regulation
To:	Reytblatt Z ILLINOIS INSTITUTE OF TECHNOLOGY, CHICAGO, IL
Shared Package
ML20136G381	List: ML20136G379 ML20136G388
References
2.206, DD-85-10, NUDOCS 8511220335
Download: ML20136G379 (3)

Text

_ __ _____ _ __

Docket No. 50-295

, NOV 181985 Dr. Zinovy V. Reytblatt Illinois Institute of Technology (Building El, Room 208) 10 West 32nd Street Chicago, Illinois 60616 Dear Dr. Reytblatt Your letter of July 31, 1985 makes a number of comments critical of this Agency's handling of your claims with respect to alleged inadequacies in the containment leak rate tests performed at light water reactor plants in accordance with 10 CFR Part 50, Appendix J. You have pressed your claims and allegations with respect to containment leak rate testing with this Agency over the last several years, and your submittals have received appropriate technical review. This has also been the case with your July 31, 1985 letter.

We even held a public meeting with you on October 17, 1985 at the NRC Offices in Glen Ellyn, Illinois, tu accommodate your request for a technical discussion of the July 3, 1985 decision (D0-85-10) on your petition, even though this Agency was not obligated to do so under 10 CFR 2.206. Enclosed is a copy of the verbatim transcript from that public meeting.

The NRC staff has reviewed your letter of July 31, 1985, including referenced correspondence, your collateral correspondence with other staff members and industry representatives that was related to the public meeting, and the transcript of the meeting (including a draft resolution which you presented),

and determined that no new safety issues of significance have been raised.

With respect to the various comments and claims that you raise in your correspondence concerning prior actions by this Agency and decisions which have been made, I view them as opinionated disagreements with the decisions.

Consequently, we do not intend to consider this matter further with you.

I would like to briefly respond, however, to your discussion, at the meeting, of the Palo Verde, Unit 1 pre-operational integrated leak rate test conducted in 1982. You have suggested that stabilization is a convenient way to eliminate data that would contribute to predicting a higher leak rate, e.g.,

in the presence of a diurnal temperature cycle. My staff has reviewed the Palo Verde, Unit 1 test report and finds no evidence of diurnal effects in the pressure and temperature plots. Also, we continue to maintain that the stabilization period prior to conducting the integrated leak rate test is a vital element in the test procedure, and will be retained. We note, too, that

-your slide purports to be a factual representation of the Palo Verde, Unit 1 test result, and to the uninit'ated, the slide would appear to support your point of view. However, the data from the Palo Verde, Unit 1 test do not follow the curve you constructed.

8511220335 851118 5 PDR ADOCK 0500 T

f Dr. Reytblatt ,

In my review of the transcript of our October 17, 1985, meeting I noted dozens of instances where you accused the NRC staff members present, and others with conduct ranging from ignorant statements, up through sham and deceit to fraudulent behavior. Such accusations have been a characteristic of your many pieces of correspondence and meetings with us on this subject. Because of the gravity of these charges we have referred your claims to our Office of Inspector and Auditor for appropirate action. Nevertheless, I repeat what I said in our meeting (TR. pp. 90-91), " confine your remarks to the technical substance." Your habit of impugning peoples character, motives and actions is not scientific, and I consider it inappropriate and unprofessional.

Sincerely, Original Signed By:

. Robert L tu m

Enclosure:

Robert M. Bernero, Director As stated Division of Systems Integration cc (w/ enclosure):

Mr. Dennis L. Farrar, Director of Nuclear Licensing Commonwealth Edison Company Nuclear Licensing Department Post Office Box 767 Chicago, Illinois 60690 Regional Administrator Region III U.S. Nuclear Regulatory Commission 799 Roosevelt Road Glen Ellyn, Illinois 60137 Timothy W. Wright III Business and Profresional People for the Public Interest 109 North Dearborn (Suite 1300)

Chicago, Illinois 60602 Dr. A. Sklar Illinois Institute of Technology 10 West 32nd Street Chicago, Illinois 60616 Mr. Edward M. Gogol 154 Linden Street Glencoe, Illinois 60022 PREVIOUS CONCURRENCE ON FILE WITH CSB:DSI y

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L._ V 1 8 G85 Dr. Reytblatt '

Mr. James Carp, President Volumetrics Post Office Box 2084 Airport Road at Buena Vista Paso Robles, California 93446 Charles Nissim-Sabat Northeastern Illinois University 5500 North St. Louis Avenue Chicago, Illinois 60625 DISTRIBUTION.

Central File - K. Pulsipher (859272)

E. Shomaker, OELD DM.vh-a3Y Be"-an (859272)

G. Arlotto H. Denton OGC (C. Mullins) D. Eisenhut OPE (D. Fischer) PPAS OIA DSI Rdg.

NRC POR (10 CFR Part 50, Appendix J) cc (w/o enclosure):

Y. S. Huang J. W. Shapaker F. A. Maura, Region III R. W. Houston R. J. Bernero R. K. Hoefling, OELD C. J. Paperiello, Director, Division of Reactor Safety, Region III C. Reyes, Region III SECY y, . . . . . . , . .