G20130397/LTR-13-0440 - David Lochbaum, Union of Concerned Scientists Ltr. the Nuclear Regulatory Commission'S Enabling Unsafe and Illegal Operations - PalisadesML13141A598 |
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Palisades |
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Issue date: |
05/21/2013 |
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From: |
Lochbaum D Union of Concerned Scientists |
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To: |
Apostolakis G, Macfarlane A, Magwood W, Ostendorff W, Kristine Svinicki NRC/Chairman, NRC/OCM/GEA, NRC/OCM/KLS, NRC/OCM/WCO, NRC/OCM/WDM |
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ML13141A599 |
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References |
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corr-13-0091-Revised, G20130397, LTR-13-0440 |
Download: ML13141A598 (5) |
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Category:E-Mail
MONTHYEARML24270A2622024-09-26026 September 2024 Email to Petitioners and Licensee Representatives Transmitting Order of the Secretary Re Petition for Declaratory Order from Beyond Nuclear Et Al., for the Palisades Nuclear Plant ML24269A0162024-09-24024 September 2024 Email from Holtec Decommissioning International, LLC Re Reply to Beyond Nuclear Et Al.S Petition for Declaratory Order ML24262A0732024-09-18018 September 2024 Restart La Docs - FW Palisades Scoping Comment Period Ended ...E-mail Capture Platform Status ML24262A0742024-09-18018 September 2024 Restart La Docs - FW Palisades Scoping Comment Period Ended ...E-mail Capture Platform Status ML24260A3552024-09-16016 September 2024 Restart La Docs - Palisades Reauthorization of Power Operations- Environmental Audit RCI Responses ML24260A3542024-09-12012 September 2024 Restart La Docs - (External_Sender) Re Palisades Reauthorization of Power Operations- Environmental Audit Draft RCIs ML24248A2612024-09-0404 September 2024 Restart La Docs - Palisades Reauthorization of Power Operations- Environmental Audit Draft RCIs ML24248A0572024-09-0404 September 2024 Restart La Docs - Draft Letter in Support of Draft RAIs and Draft Environmental Regulatory Audit Plan ML24248A2622024-09-0404 September 2024 Restart La Docs - FW Palisades Reauthorization of Power Operations- Environmental Audit Draft RCIs ML24248A0902024-08-28028 August 2024 Steam Generator Inspection Call ML24270A2712024-08-0707 August 2024 Public Comments for August 1, 2024, Public Outreach Meeting on Potential Palisades Nuclear Plant Restart ML24192A0012024-07-0606 July 2024 (E-Mail) Palisades Nuclear Plant - Plant - Draft Request for Additional Information: Palisades Operating TS License Amendment Request - June 6, 2024 ML24187A1332024-07-0505 July 2024 LTR-24-0069 Emailed Response Regarding Palisades Restart Project ML24192A1472024-06-28028 June 2024 Email - Palisades Nuclear Plant - Draft Request for Additional Information: Palisades Administrative TS License Amendment Request - June 28, 2024 ML24192A1672024-06-28028 June 2024 Restart - NRC Request for Additional Information - EP ORO Coordination - June 28, 2024 ML24248A0562024-06-27027 June 2024 Restart La Docs - Draft Letter in Support of Draft RAIs and Draft Environmental Regulatory Audit Plan ML24135A3542024-05-20020 May 2024 NRC Response to Jody Flynn of Michigan Regarding Statements Made About Holtec in the April 25, 2024 Peekskill Herald Article: Holtec Playing Fast and Loose with Taxpayers Money by Tina Volz-Bongar (Docket 50-255) ML24141A0862024-05-16016 May 2024 Notification of NRC Activities Regarding Palisades Restart ML24170A8812024-05-15015 May 2024 NRR E-mail Capture - Post Acceptance/Abeyance Process for the 10 CFR 2.206 Petition on Palisades Misuse of Decommissioning Trust Fund ML24032A2442024-02-0101 February 2024 OEDO-24-00011 - 10 CFR 2.206 Petition Holtec Misuse Decommissioning Fund- Email to Petitioner ML24005A1262024-01-0505 January 2024 Permanently Defueled Emergency Plan Implementation Notification ML23055A1532023-02-24024 February 2023 Request for Additional Information Related to the Post-Shutdown Decommissioning Activities Report ML22343A2282022-12-0909 December 2022 Acceptance Review: Palisades Proposed Exemption from 10 CFR 50.54(w)(1) - Onsite Property Damage Insurance ML22343A1902022-12-0909 December 2022 Acceptance Review: Palisades Proposed Exemption from 10 CFR 140.11 (a)(4) Primary and Secondary Liability Insurance ML22284A0502022-10-0707 October 2022 Acceptance Review: License Amendment Request to Revise License Condition to Eliminate Cyber Security Plan Requirements ML22227A0092022-08-12012 August 2022 Acceptance Review: License Amendment Request to Revise Emergency Plan and Emergency Action Level Scheme (L-2022-LLA-0099) ML22227A0082022-08-12012 August 2022 Acceptance Review: Exemption Request from 10CFR50.47(b), 10 CFR 50.47(c)(2), and 10 CFR Part 50, Appendix E, Section IV ML22179A0752022-06-28028 June 2022 E-mail from Entergy Dated June 28, 2022, Notification of Palisades and Big Rock Point License Transfer (EPIDs L-2022-LLM-0002 and L-2020-LLM-0003) ML22159A2672022-06-0202 June 2022 Answers to Your Questions on Palisades ML22159A2652022-05-0303 May 2022 Questions Asked at Palisades Plant Performance Public Meeting April 26, 2022 ML21328A0062021-11-18018 November 2021 NRR E-mail Capture - (External_Sender) State of Michigan Response - Palisades Nuclear Plant and Big Rock Point Plant - Application for Order Consenting to Transfers of Licenses and Conforming License Amendments ML22208A1052021-11-16016 November 2021 NRR E-mail Capture - (External_Sender) State of Michigan Response - Palisades - Preparation for Issuance of Final Environmental Assessment and Finding of No Significant Impact Holtec Exemption Request to Use Dtf ML21309A2982021-11-0505 November 2021 NRR E-mail Capture - Palisades Nuclear Plant and Big Rock Point Plant - Application for Order Consenting to Transfers of Licenses and Conforming License Amendments ML21309A5152021-11-0505 November 2021 NRR E-mail Capture - Palisades Nuclear Plant - Preparation for Issuance of Final Environmental Assessment and Finding of No Significant Impact Holtec Exemption Request to Use Dtf ML21209A9802021-07-28028 July 2021 NRR E-mail Capture - Palisades Nuclear Plant - Acceptance of Requested Licensing Action, Rescission of Interim Compensatory Measure from Order EA-02-026 ML21189A0432021-07-0606 July 2021 NRR E-mail Capture - Palisades Nuclear Plant - Acceptance of Requested Licensing Action, Permanently Defueled Technical Specifications ML21189A2462021-07-0606 July 2021 NRR E-mail Capture - Palisades Nuclear Plant - Acceptance of Requested Licensing Action, Proposed Partial Exemption from Record Retention Requirements ML21054A1822021-02-23023 February 2021 NRR E-mail Capture - Regarding Public Comment on Palisades Request for Relief RR 5-8 ML21028A0552021-01-27027 January 2021 NRR E-mail Capture - Palisades Nuclear Plant - Acceptance of License Transfer Application ML21028A4092021-01-27027 January 2021 NRR E-mail Capture - Palisades Nuclear Plant - Acceptance of Holtec Exemption Request from 10CFR50.82(a)(8)(i)(A) and 10CFR50.75(h)(1)(iv) ML21007A3752021-01-0707 January 2021 NRR E-mail Capture - Regarding Public Comment on Palisades Nuclear Plant License Transfer (Sierra Club Nuclear Free Michigan) ML21054A1812021-01-0606 January 2021 NRR E-mail Capture - (External_Sender) Regarding Public Comment on Palisades Request for Relief RR 5-8 ML20275A3432020-10-0101 October 2020 Verbal Authorization for Proposed Alternative (RR 5-8) Reactor Vessel Closure Head Penetration Repairs ML20272A0112020-09-26026 September 2020 Request for Additional Information - Palisades Relief Request RR 5-8 (Proposed Alternative) for Reactor Pressure Vessel Head Penetration Repairs ML20262G9622020-09-17017 September 2020 Acknowledgement to Mr. Muhich e-mail, Dated September 15, 2020 (e-mail) ML20241A1802020-08-27027 August 2020 NRR E-mail Capture - Palisades Nuclear Plant- Upcoming Steam Generator Tube Inservice Inspection ML20162A4522020-04-0808 April 2020 Lake Mich Level Correspondence with Ipotter ML19344C7162019-08-25025 August 2019 Response from NEIMA Local Community Advisory Board Questionnaire 08-25-2019 C Ferry ML19344C8072019-08-16016 August 2019 Scanned Response 09-29-2019 I Potter ML19226A2932019-08-14014 August 2019 NRR E-mail Capture - Request for Additional Information Re License Amendment Request to Adopt TSTF-425, Revision 3 for the Palisades Nuclear Plant 2024-09-04
[Table view] Category:Letter
MONTHYEARML24267A2962024-10-0101 October 2024 Summary of Conference Call Regarding Steam Generator Tube Inspections ML24263A1712024-09-20020 September 2024 Environmental Request for Additional Information ML24240A1692024-09-18018 September 2024 Cy 2023 Summary of Decommissioning Trust Fund Status ML24219A4202024-09-12012 September 2024 Change in Estimated Hours and Review Schedule for Licensing Actions Submitted to Support Resumption of Power Operations (Epids L-2023-LLE-0025, L-2023-LLM-0005, L-2023-LLA-0174, L-2024-LLA-0013, L-2024-LLA-0060, L-2024-LLA-0071) IR 05000255/20244022024-09-0606 September 2024 Public: Palisades Nuclear Plant - Decommissioning Security Inspection Report 05000255/2024402 PNP 2024-029, Notice of Payroll Transition at Palisades Nuclear Plant2024-08-15015 August 2024 Notice of Payroll Transition at Palisades Nuclear Plant IR 05000255/20240022024-08-0909 August 2024 NRC Inspection Report No. 05000255/2024002 PNP 2024-030, Update Report for Holtec Decommissioning International Fleet Decommissioning Quality Assurance Program Rev. 3 and Palisades Transitioning Quality Assurance Plan, Rev 02024-08-0202 August 2024 Update Report for Holtec Decommissioning International Fleet Decommissioning Quality Assurance Program Rev. 3 and Palisades Transitioning Quality Assurance Plan, Rev 0 PNP 2024-032, Supplement to License Amendment Request to Revise Selected Permanently Defueled Technical Specifications Administrative Controls to Support Resumption of Power Operations2024-07-31031 July 2024 Supplement to License Amendment Request to Revise Selected Permanently Defueled Technical Specifications Administrative Controls to Support Resumption of Power Operations ML24206A0572024-07-25025 July 2024 PRM-50-125 - Letter to Alan Blind; Docketing of Petition for Rulemaking and Sufficiency Review Status (10 CFR Part 50) PNP 2024-033, Response to Request for Additional Information - License Amendment Request to Revise the Palisades Nuclear Plant Site Emergency Plan to Support Resumption of Power Operations2024-07-24024 July 2024 Response to Request for Additional Information - License Amendment Request to Revise the Palisades Nuclear Plant Site Emergency Plan to Support Resumption of Power Operations PNP 2024-031, Response to RIS 2024-01, Preparation and Scheduling of Operator Licensing Examinations2024-07-18018 July 2024 Response to RIS 2024-01, Preparation and Scheduling of Operator Licensing Examinations IR 05000255/20240112024-07-15015 July 2024 Nuclear Plant - Restart Inspection Report 05000255/2024011 PNP 2024-027, Supplement to License Amendment Request to Revise Renewed Facility Operating License and Permanently Defueled Technical Specifications to Support Resumption of Power Operations2024-07-0909 July 2024 Supplement to License Amendment Request to Revise Renewed Facility Operating License and Permanently Defueled Technical Specifications to Support Resumption of Power Operations ML24137A0142024-07-0202 July 2024 OEDO-24-00011 - 2.206 Petition for Misuse of Palisades Decommissioning Trust Fund (EPID L-2023-CRS-0008) - Letter ML24183A1382024-07-0202 July 2024 Tribal Letter - Lac Du Flambeau Band of Lake Superior Chippewa Indians ML24183A1552024-07-0101 July 2024 Tribal Letter - Red Lake Band of Chippewa Indians ML24156A0222024-07-0101 July 2024 Initiation of Scoping Process to Prepare an Environmental Assessment for the Environmental Review of Holtec Decommissioning International, Llc’S Licensing and Regulatory Requests for Reauthorization of Power Operations at Palisades EPID L-2 ML24183A1542024-07-0101 July 2024 Tribal Letter Red Cliff Band of Lake Superior Chippewa Indians ML24152A1992024-07-0101 July 2024 Richie Garcia, Water Filtration Supervisor-Palisades-NOI to Conduct Scoping Process and Prepare an EA EPID No. L-2024-LNE-0003 Docket No. 50-0255 ML24172A0032024-07-0101 July 2024 Letter to L. Powers, Mackinac Bands of Chippewa and Ottawa Indians Re Initiation of Scoping Process for Environ Review Holtec Decommissioning Intl, LLC Request for Reauthorization of Power Ops-Palisades ML24183A1332024-07-0101 July 2024 Tribal Letter-Forest County Potawatomi Community ML24183A1582024-07-0101 July 2024 Tribal Letter Sault Ste. Marie Tribe of Chippewa Indians ML24183A1302024-07-0101 July 2024 Tribal Letter-Chippewa Cree Indians of the Rocky Boys Reservation ML24183A1572024-07-0101 July 2024 Tribal Letter - Saint Croix Chippewa Indians of Wisconsin ML24183A1282024-07-0101 July 2024 Tribal letter-Bay Mills Indian Community ML24183A1532024-07-0101 July 2024 Tribal Letter Quechan Tribe of the Fort Yuma Indian Reservation ML24183A1462024-07-0101 July 2024 Tribal letter-Mille Lacs Band of Ojibwe ML24183A1492024-07-0101 July 2024 Tribal Letter - Pokagon Band of Potawatomi Indians ML24183A1422024-07-0101 July 2024 Tribal Letter-Little Traverse Bay Bands of Odawa Indians ML24183A1312024-07-0101 July 2024 Tribal Letter-Citizen Potawatomi Nation ML24163A0552024-07-0101 July 2024 Rebecca Held Knoche NOAA-Palisades-NOI to Conduct Scoping Process and Prepare an EA - EPID No. L-2024-LNE-0003-Docket No. 50-0255 ML24163A2392024-07-0101 July 2024 Sara Thompson, Michigan DNR-Palisades-NOI to Conduct Scoping Process and Prepare an EPID No. L-2024-LNE-0003-Docket No. 50-0255 ML24155A0102024-07-0101 July 2024 Quentin L. Messer Jr., Michigan Econ-Palisades-NOI to Conduct Scoping Process and Prep an EA-EPID No. L-2024-LNE-0003 Docket No.50-0255P ML24155A0032024-07-0101 July 2024 Kathy Kowal, Us EPA Region 5-Palisades-NOI to Cibdyct Scoping Process and Prepare an EA EPID L-2024-LNE-0003 ML24163A0832024-07-0101 July 2024 Ltr to R Schumaker SHPO Re Initiation of Scoping Process, Section 106 Consult for Env Rev of HDI, LLC Request for Reauth of Power Operations at Palisades Nuclear Plant ML24183A1342024-07-0101 July 2024 Tribal Letter-Grand Portage Band of Lake Superior Chippewa ML24183A1392024-07-0101 July 2024 Tribal Letter-Lac Vieux Desert Band of Lake Superior Chippewa Indians ML24183A1272024-07-0101 July 2024 Tribal Letter-Bad River Band of the Lake Superior Tribe of Chippewa ML24183A1412024-07-0101 July 2024 Tribal Letter-Little River Band of Ottawa Indians ML24163A1922024-07-0101 July 2024 Jeremy Rubio, Dept of Env, Great Lakes and Energy, Kalamazoo District-Palisades-NOI to Conduct Scoping Process and Prepare an EA EPID No. L-2024-LNE-0003 Docket No.50-0255 ML24183A1322024-07-0101 July 2024 Tribal Letter-Fond Du Lac Band of Lake Superior Chippewa ML24183A1592024-07-0101 July 2024 Tribal letter-Sokaogon Chippewa Community ML24163A0822024-07-0101 July 2024 Ltr to J Loichinger Achp Re Initiation of Scoping Process, Section 106 Consult for Env Rev of HDI, LLC Request for Reauth of Power Operations at Palisades Nuclear Plant ML24183A1252024-07-0101 July 2024 Letter to G. Gould, Swan Creek Black River Confederated Ojibwa-Init of Scoping Process for the Env Rev of Holtec Decommissioning Intl, LLC Request for Reauth of Power Ops at Palisades ML24183A1352024-07-0101 July 2024 Tribal Letter-Hannahville Indian Community ML24183A1442024-07-0101 July 2024 Tribal Letter - Menominee Indian Tribe of Wisconsin ML24183A1502024-07-0101 July 2024 Tribal Letter - Prarie Band Potawatomi Nation ML24183A1452024-07-0101 July 2024 Tribal Letter - Miami Tribe of Oklahoma ML24152A1972024-07-0101 July 2024 Mayor Annie Brown, South Haven-Palisades-NOI to Conduct Scoping and Develop an Environmental Assessment for the Palisades Nuclear Plant Reauthorization of Power Operation 2024-09-06
[Table view] |
Text
Joosten. Sandy From: Dave Lochbaum [DLochbaum@ucsusa.org]
Sent: Tuesday, May 21, 2013 9:33 AM To: CHAIRMAN Resource; CMRSVINICKI Resource; CMRAPOSTOLAKIS Resource; CMRMAGWOOD Resource; CMROSTENDORFF Resource Cc: OPA Resource; Lisbeth Gronlund; David Wright; Bell, Hubert; Zimmerman, Roy
Subject:
NRC's Enabling Unsafe and Illegal Operations Attachments:
20130521-ucs-nrc-pressure-boundary-leakage.
pdf Good Day: Attached is an electronic version of a letter concerning the NRC's chronic inability or refusal to enforce an important regulatory requirement.
In addition to the direct safety consequences of the NRC enabling unsafe and illegal operations, this NRC behavior prevents meaningful public participation in the agency's licensing and rulemaking proceedings.
After all, why should the public bother with the language of regulatory requirements that the agency doesn't enforce? We ask you to have the NRC enforce regulatory requirements on reactor coolant pressure boundary leakage and restore public confidence in the agency's licensing and rulemaking processes by doing so. Thanks, David Lochbaurn Director, Nuclear Safety Project Union of Concerned Scientists PO Box 15316 Chattanooga, TN 37415 (423) 468-9272 office (423) 488-8318 cell dlochbaurn@ucsusa.org Check out the UCS blog on nuclear weapons and nuclear power issues, including a weekly series called "Fission Stories" at http://allthingsnuclear.org/
The Union of Concerned Scientists puts rigorous, independent science to work to solve our planet's most pressing problems.
Joining with citizens across the country, we combine technical analysis and effective advocacy to create innovative, practical solutions for a healthy, safe, and sustainable future. www.ucsusa.org 1
Union of Concerned Scientists Citizens and Scientists for Environmental SolutIons May 21,2013 Dr. Allison M. Macfarlane, Chairman Ms. Kristine L. Svinicki, Commissioner Dr. George Apostolakis, Commissioner Mr. William D. Magwood, Commissioner Mr. William C. Ostendorff, Commissioner U.S. Nuclear Regulatory Commission Washington, DC 20555-0001
SUBJECT:
NRC's Enabling Unsafe and Illegal Operations
Dear Chairman and Commissioners:
Last year, the owner of the Palisades reactor in Michigan reported reactor vessel pressure boundary leakage to the NRC (MLI2285A320).
In that report, the owner stated that increased reactor coolant system leakage had been noticed after the plant restarted on July 14,2012, and operators began shutting down the reactor on August 11,2012 due to the leakage issue. The owner reported that the leak rate trended from 0.2 to 0.35 gallons per minute over this period. Technical Specification 3.4.13 for Palisades (ML052720263) permits "No pressure boundary LEAKAGE"l while Action B requires that the reactor be shut down within 6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> of pressure boundary leakage. Thus, Palisades operated longer than 6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> with a condition expressly not permitted by its operating license. The NRC dispatched a special inspection team to Palisades following this event. The NRC reported that "no findings of significance were identified" (ML12291A806).
Operating with pressure boundary leakage longer than 6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> is clearly illegal. The technical specifications are a formal part of the operating license issued by the NRC for each reactor. Revising the technical specifications can only be done via a license amendment request submitted to the NRC and approved by the agency. The Palisades' technical specifications for pressure boundary leakage are consistent with the standard technical specifications issued by the NRC (NUREG-1432 Vol. 1, ML12102A165).
Operating with pressure boundary leakage longer than 6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> is clearly unsafe. As the subject technical specification (NUREG-1432 Vol. 2, ML12102A169) states: 1 LEAKAGE is capitalized per technical specification convention where tenns defined in Section 1 of the technical specifications are capitalized throughout the document.
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May 21,2013 Page 2of4 No pressure boundary LEAKAGE is allowed, being indicative o/material degradation.
LEAKAGE o/this type is unacceptable as the leak itself could causeforther deterioration, resulting in higher degradation o/the RCPB [reactor coolant pressure boundary].
Violation o/this LCO [limiting condition for operation]
could result in continued degradation o/the RCPB. Pressure boundary leakage is expressly not allowed and such leakage is unacceptable.
Why did the owner allow Palisades to operate for nearly a month with such leakage? Why did the NRC's special inspection team accept it? This situation is partially explained by having only two monitoring systems for three technical specification limits on reactor coolant system leakage. In addition to the technical specification limit on pressure boundary leakage, there are technical specification limits on identified leakage from the reactor coolant system (10 gallons per minute at Palisades) and on unidentified leakage from the reactor coolant system (1 gallon per minute at Palisades).
Leakage from certain components is routed to collection tanks with a monitoring system that reports the total amount of this identified leakage. The applicable technical specification limits identified leakage to 10 gallons per minute. Other leakage collects in the containment sump as unidentified leakage. Its monitoring system cannot distinguish water that leaked through the pressure boundary from water that leaked through more benign pathways, such as valve packing and flange gaskets. During reactor operation, no monitoring system is available to determine whether unidentified leakage is partially, or even entirely, the result of pressure boundary leakage. It is common for plant owners to simply assume that the pressure boundary is intact and that all unidentified leakage comes from other sources. In other words, owners commonly opt for the non-conservative option and invoke the less restrictive technical specification limit. If I was pulled over by a law enforcement officer while driving down the highway, I could not expect to evade a speeding ticket by pointing out that I lacked knowledge about the posted speed limit or that my vehicle lacked a speedometer.
My driver's license carries with it a responsibility to comply with all traffic regulations.
But if! operate a nuclear power plant for days, months, or years (as in the case of Davis-Besse) with pressure boundary leakage, I can expect to evade any and all sanctions by the NRC simply by saying I didn't know the pressure boundary was leaking and conveniently assumed-with absolutely no proof to back it up-that it was not leaking. When unidentified leakage is initially detected and when an increased unidentified leakage is detected, a plant owner could conservatively assume that at least some might be pressure boundary leakage and promptly shut down their reactors to conduct the inspections necessary to make that determination.
Or the owner could non-conservatively assume that none of this leakage is from the pressure boundary.
May Page 3 of 4 The NRC has the authority to impose a civil penalty of $140,000 for each day that a violation exists. The NRC could have imposed a civil penalty for each day that Palisades operated with pressure boundary leakage. (Alternatively, the NRC could split the difference as it does when safety-related components fail surveillance tests by considering them to have failed for half of the time back to their last successful test and impose the civil penalty for half the number of days the reactor operated with unidentified leakage).
Law enforcement officers encourage compliance with traffic regulations by issuing tickets. If I sustain irresponsible driving practices, I run the very real risk of having to pay speeding tickets and ultimately losing my driver's license. But if I scoff at the regulatory requirements and irresponsibly continue operating my nuclear power reactor with pressure boundary leakage for months until its next scheduled refueling outage, I face zero risk of losing the reactor's operating license or paying even a nickel in fines. The NRC literally gives owners a free pass to operate their nuclear reactors illegally and unsafely by not enforcing the regulatory requirement prohibiting pressure boundary leakage. The NRC doles out the free passes frequently, as evidenced by this abridged sampling of pressure boundary leakage reports from just the past decade: Davis-Besse pressure boundary leakage during last month of operation before refueling outage (ML102800416).
The NRC exercised enforcement discretion and issued no violation or finding (MLI02930380). Indian Point Unit 2 pressure boundary leakage during months of operation (MLlOI450119).
The NRC exercised enforcement discretion and issued no violation or fmding (MLI03140355). Byron Unit 2 -pressure boundary leakage detected on June 24, 2009, with the reactor being shut down on June 26, 2009 (MLI00430847).
The NRC issued a non-cited violation that the owner disputed (ML093100141). South Texas Project Unit 2 -increasing leakage detected on January 28,2005, with the reactor being shut down on February 9,2005 (ML050980111).
The NRC found that no regulatory requirements were violated (ML062220153). Waterford
-three separate indicators of pressure boundary leakage during the prior operating cycle were identified during a refueling outage (ML033560242).
The NRC issued a green finding-not for the pressure boundary leakage but for ineffective corrective actions to prevent recurring pressure boundary leakage (ML040330908). Millstone Unit 2 -two through-wall cracks allowing pressure boundary leakage during the prior operating cycle were identified during a refueling outage (ML033460378).
The NRC exercised enforcement discretion and issued no violation or finding (ML041340687) . Oconee Unit 1 -three through-wall cracks allowing pressure boundary leakage during the prior operating cycle were identified during a refueling outage (ML033090486).
The NRC exercised enforcement discretion and issued no violation or finding (ML031260778).
We respectfully urge you to require the NRC staff to enforce safety requirements on pressure boundary leakage. The NRC's bases document for this specific regulatory requirement explicitly states that pressure boundary leakage is not allowed and is unacceptable-yet the NRC allows May 21, Page 4 of 4 and accepts it time and again. The NRC's failure to enforce regulatory requirements is enabling repeated and chronic unsafe and illegal operations by reactors across the country. It is imperative that you take action to end this status quo. It makes a mockery of the NRC's licensing process. What's the point of intervening in the licensing of a new reactor or a license amendment process for an existing reactor if the NRC then refuses to take the requirements of that license seriously?
There's little sense in debating the height of the safety bar if the NRC continues to act as if the bar does not exist. We look forward to your action on this matter. Sincerely, David Lochbaum Director, Nuclear Safety Project PO Box 15316 Chattanooga, TN 37415 (423) 468-9272, office (423) 488-8318, cell Roy Zimmerman, Director, Office of Enforcement Hubert Bell, Inspector General