ML20198J144

Informs That on 981109,DA Lochbaum,Acting on Behalf of Union of Concerned Scientists,Requested That NRC Take Action to Shutdown Unit 1,per 10CFR2.206

ML20198J144
Person / Time
Site:	Perry
Issue date:	12/22/1998
From:	Pickett D NRC (Affiliation Not Assigned)
To:	Myers L CENTRONIC, INC.
References
2.206, TAC-MA4192, NUDOCS 9812300097
Download: ML20198J144 (5)

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~ t UNITED STATES

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j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 3068H001

• • • • • December 22, 1998 Mr. Lew W. Myers Vice President - Nuclear, Perry Centerior Service Company P,0. Box 97, A200 Perry, OH 44081

SUBJECT:

UNION OF CONCERNED SCIENTISTS PETITION SUBMITTED IN ACCORDANCE WITH 10 CFR 2.206 DATED NOVEMBER 9,1998 - PERRY NUCLEAR POWER PLANT, UNIT NO.1 (TAC NO. MA4192)

Dear Mr. Myers:

On November 9,1998, pursuant to 10 CFR 2.206, David A. Lochbaum (Petitioner), acting on behalf of the Union of Concerned Scic ntists (UCS), requested that the U.S. Nuclear Regulatory Commission (NRC) take action with regard to the Perry Nuclear Power Plant, Unit No.1 (PNPP). The Petitioner requested that enforcement action be taken to require an immediate shutdown of PNPP, and that the facility remain shut down until all failed fuel assemblies are removed from the reactor core. As an alternate 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 Petitioner requested a public hearing to present new plant-specific information regarding the operation of PNPP, as well as to discuss a UCS report dated April 2,1998, entitled " Potential Nuclear Safety Hazard /

Reactor Operation With Failad Fuel Cladding."

By letter dated September 25,1998, the Petitioner submitted a similar petition, pursuant to 1 10 CFR 2.206, concerning the fuel pin leaks at the River Bend Station (RBS), operated by Entergy Operations, incorporated (EOI). By letter dated October 29,1998, the NRC denied Petitioner's request for enforcement action to require EO! to immediately shut down RBS; however, the NRC extended an offer to the Petitioner for an in'ormal public hearing at a date to be determined. On November 6,1998, the Petitioner accepted our offer for an informal public hearing and further requested that the hearing be held in the Washington, D.C. area. l By letter dated December 16,1998, the NRC denied Petitioner's request for enforcement action to require an immediate shutdown of PNPP. Given that the UCS has stated that their concerns are focused on " potential safety issues having generic applications," the NRC is currently planning on holding an informal public hearing to address concerns at both RBS and PNPP at its Headquarters facility located in Rockville, Maryland.

As a major stakeholder in the informal public hearing process, it is requested that you agree to participate in the hearing. During the hearing, both you and EOl will be provided an opportunity 9812300097 981222 i PDR ADOCK 05000440 y j h, I {D gg 1

s L. Myers i (approximately 30 minutes) to present information from the licensee's persoective following the l Petitioner's presentation. For planning purposes, the UCS has provided the date(s) shown )

below when their representatives will be available for the hearing: )

February 1999: 8,9,10,11,12,22,23,24,25 and 26 l l

. In order to facilitate discussions during the informal public hearing, the NRC is requesting that

! you provide a written response to the issues raised in the November 9,1998, UCS Petition within 30 days following receipt of this letter. The response should include a discussion on the l design basis issues raised in the Petition as well as their potential safety implications.

Please contact me at (301) 415-1364 to provide a list of common dates when your representatives are available to participate in the informal public hearing.

r Sincerely, i i

4 V k Douglas V. Pickett, Senior Project Manager Project Directorate Ill-2 Division of Reactor Projects lil/lV Office of Nuclear Reactor Regulation l

Docket No. 50-440 cc: See next page J

J

i c.

'. L. Myers December 22, 1998 (approximately 30 minutes) to present information from the licensee's perspective following the Petitioner's presentation. For planning purposes, the UCS has provided the date(s) shown below when their representatives will be available for the hearing:

. February 1999: 8,9,10,11,12,22,23,24,25 and 26 In order to facilitate discussions during it,e informal public hearing, the NRC is requesting that t you provide a written response to the issues raised in the November 9,1998, UCS Petition within 30 days following receipt of this letter. The response should include a discussion on the design basis issues raised in the Petition as well as their potential safety implications.

Please contact me at (301) 415-1364 to provide a list of common dates when your representatives are ava;!able to participate in the informai public hearing.

4 Sincerely, Original signed by:

Douglas V. Pickett, Senior Project Manager Project Directorate 111-2 Division of Reactor Projects lil/IV Office of Nuclear Reactor Regulation Docket No. 50-440 4

cc: See next page

. 1 DISTRIBUTION: l Docket File PUBLIC PDill-2 r/f l ACRS OGC (15B18) E. Adensam (EGA1) l G. Grant, R3 l Document Name: G:\PD3-3\ PERRY \MTG_UCS.WPD OFC PM/PDill-2 LA/PDill D/PDill-2 NAME DP e1t EBarnhillh'SRichardh DATE R/2M38 Y/7///98 il/ #/98 COPY YES/NO f(EDO hS)NO

~ OFFICIAT. RECORD COPY l

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s L. Myers December 22, 1998 i (apprc,;imately 30 minutes) to present information from the licensee's perspective bliowing the 1- Petitioner's presentation. For planning purposes, the UCS has provided the date(s) shown  ;

below when their representatives will be available for the hearing:

! February 1999: 8,9,10,11,12,22,23,24,25 and 26 l In order to facilitate discussions during the informal public hearing, the NRC is requesting that ,

you provide a written response to the issues raised in the November 9,1998, UCS Petition with;n 30 days following receipt of this letter. The response should include a discussion on the  ;

design basis issues raised in the Petition as well as their potential safety implications. l I l Please contact me at (301) 415-1364 to provide a list of common dates when your

] representatives are available to participate in the informal puolic hearing.  ;

)

Sincerely, 2 Original signed by:

Douglas V. Pickett, Senior Project Manager Project Directorate lll-2 Division of Reactor Projects Ill/IV j Office of Nuclear Reactor Regulation l Docket No. 50-440 fi cc: See next page DISTRIBUTION:

Docket File PUBLIC PDill-2 r/f ACRS OGC (15B18) E. Adensam (EGA1)

G. Grant, R3 l

l Document Name: G:\PD3-3\ PERRY \MTG_UCS.WPD OFC PM/PDill-2 LA/PDill-2 D/PDill-2 NAME DP et EBarnhillhSRichardh DATE R/2.M8 y/2/V/98 il/ 9/98 COPY YES/NO hO khS/NO

~ OFFICIACRECORD COPY 1

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• L Myers Perry Nuclear Power Plant, Units 1 and 2 l Centenor Service Company l

cc:

James R. Williams Mary E. O'Reilly Chief of Staff FirstEnergy - A290 Ohio Emergency Management Agency i 10 Center Road 2855 West Dublin Granville Road I Perry, OH 44081 Columbus, OH 43235-7150 l l

Resident inspector's Office Mayor, Village of Perry l U.S. Nuclear Regulatory Commission P.O. Bx 100 P.O. Box 331 Perry, OH 44081-0100 Perry, OH 44081-0331 Radiological Health Program Regional Administrator, Region 111 Ohio Department of Health U.S. Nuclear Regulatory Commission P.O. Box 118 801 Warrenville Road Columbus, OH 43266-0118 Lisle, IL 60532-4531 Ohio Environmental Protection Sue Hiatt Agency OCRE Interim Representative DERR-Compliance Unit 8275 Munson ATTN: Mr. Zack A. Clayton Mentor, OH 44060 P.O. Box 1049 Columbus, OH 43266-0149 Henry L. Hegrat Regulatory Affairs Manager Chairman Cleveland Electric illuminating Co. Perry Township Board of Trustees Perry Nuclear Power Plant 3750 Center Road, Box 65 P.O. Box 97, A210 Perry, OH 44081 Perry, OH 44081 Stata of Ohio FirstEnergy Corporation Public Utilities Commission i Michael Beiting East Broad Street 4

Associate General Counsel Columbus, OH 43266-0573 76 S. Main Akron, OH 44308 William R. Kanda, Jr., Plant Manager Cleveland Electric illuminating Co.

i Mayor, Village of North Perry Perry Nuclear Power Plant North Perry Village Hall P.O. Box 97, SB306 4778 Lockwood Road Perry, OH 44081 North Perry Village, OH 44081 Donna Owens, Director Ohio Department of Commerce -

Division of industrial Compliance Bureau of Operations & Maintenance 6606 Tussing Road P. O. Box 4009 Reynoldsburg, OH 43068-9009

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