ML20134B473

Forwards Amend to 10CFR2.206 Petition of Citizens Awareness Network,Inc & Nirs Re Northeast Utilities Mismanagement of Connecticut Reactors & Failure of NRC Staff to Enforce Safety Regulations for Past Decade

ML20134B473
Person / Time
Site:	Millstone, Haddam Neck  File:Connecticut Yankee Atomic Power Co icon.png
Issue date:	12/23/1996
From:	Block J CITIZENS AWARENESS NETWORK, NUCLEAR INFORMATION & RESOURCE SERVICE
To:	Hoyle NRC OFFICE OF THE SECRETARY (SECY)
Shared Package
ML20134B413	List: ML20134B410 ML20134B425 ML20134B457 ML20134B470 ML20134B473
References
2.206, NUDOCS 9701300121
Download: ML20134B473 (1)

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JONATHAN M. B K l ATTnnWY AT IAW' l jonb@sover. net j Main Street j P.O. Box 566 -

Putney, VT 05346-0566 1 802-387-2646 (vox) ]

-2667 (fax) l December 23,1996 l

Office of the Secretary United States Nuclhar Regulatory Commission  !  !

Washington, D.C. 20055 j l

RE: Amendment to CAN's and NIR's 10 CFR 2.206 petition on NU's l mismanagement ofits Connecticut reactors and the failure of the l NRC staff to enforce safety regulations for the past decade l

Dear Mr. Hoyle,

Enclosed for Gling with the Commission and the new EDO please find an amendment to the 10 CFR 2.206 petition of CAN and NIRS concerning the  ;

above referenced reactors dated November 25, 1996. My clients, Citizens i Awareness Network,Inc.,and Nuclear Information and Resource Service request that the Commission and EDO direct that this new document, filed pursuant to 10 l

CFR 2.206,is taken as a simple amendment to the petition already on file.

Thank you for your usual prompt attention to this matter.

Sincerely, emall,w W nathan M. Block Attorney for Citizens Awareness Network, Inc.

and Nuclear Information and Resource Service Encl Amendment to 10 CFR 2.206 on NU's Connecticut Reactors & ctc.

cc: Deborah Katz, Paul Gunter 9701300121 970123 PDR ADOCK 05000213 j

Q PDR

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- CITIZENS AWARENESS NETWORK Box S3 Sh lburne Falls, MA 01370 T/ F: 413-339 8768  ;

N uclear Information and Resource S ervice 142416th Street, NW, Washington, D.C. 20036 202 328-0002 i December 23,1996 1

l Chairman Jackson and the Commissioners of the '

United States Nuclear Regulatory Commission, and the l Executive Director of Operations for the  ;

U.S. Nuclear Regulatory Commission l Washington, DC 20555 l l

AMENDMENT TO CAN's and NIRS's PETITION FOR ENFORCEMENT, i PURSUANT TO 10 CFR 2.206, TO REVOKE NORTIIEAST UTILITIES' l OPERATING LICENSES FOR TIIE CONNECTICUT NUCLEAR POWER STATIONS DUE TO CHRONIC, SYSTEMIC MISMANAGEMENT RES ULTING IN SIGNIFICANT VIOLATIONS OF NRC SAFETY REGULATIONS, AND TO INVESTIGATE THE NRC STAFF'S RESPONSIBILITY FOR NOT DEALING WITH THIS PROBLEM FOR OVER A DECADE L

SUMMARY

RATIONALE FOR REOUESTED ACTIONS In the interest of public health and safety, Citizens Awareness Network (CAN)  ;

1 and Nuclear Information and Resource Service (NIRS),hereby amend their November 25,19%, petition the United States Nuclear Regulatory Commission (NRC), pursuant to i 10CFR Q 2.206, to suspend or revoke Northeast Utilities'(NU) licenses to operate the Connecticut Yankee nuclear power stations due to violations of 10 CFR 50 Appendix B,

! and to prohibit NU from decommissioning any of its reactors until it has complied with the conditions specified in the main body of the original petition.

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Ame dmeze to CAN's andNIRS's 10 CFR f 2.206 3 rettrion isRewar NU's Licensesfor tas Connecrtcut

. Reactors andinnstigare Negligent NRCStaff Owrsight.

IL REOUESTED ENFORCEMENTACTIONS A. Petitioners request that the NRC take the following actions to enforce its regulations against Northeast Utilities:

1. As part of the 2.2% process, we request that you provide us with copies of CY's nitrogen calculations, and conduct an independent review to see if these calculations meet the requirements of 10CFR50 Appendix B. If they do not, this is just one more serious reason to concluded that CY still lacks the managerialwherewithal to safely conduct the decommissioning of the CYnuclear power station or continued operation of any of the l Connecticut reactors. For this reason, we request that NU's operating licenses forits Connecticut reactors be revoked, and NU ,

not be permitted to commence decommissioning until its has i complied with the conditions outlined in the main body of the l original petition. Moreover, the Commission should inquire into l the NRC staff's failure to discern this situation, and continuing failure to enforce the terms and conditions of NU's license and NRCregulations.

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HL RATIONALES FOR REQUESTEDACTIONS i

A. Nature of Problem

1. At the November, 1996, enforcement conference, Connecticut Yankee informed the NRC that it had calculated the amount of nitrogen that entered the reactor coolant system and the amount of water that was displaced. Petitioners allege that NU only had draft calculations to support this statement, and that these calculations were neither finalized nor subjected to independent  ;

review to see if these calculations met the requirements of 10 CFR 50 Appendix B. These failures violate the terms and conditions of NU's operating license and NRC regulations. Additionally, the NRC's failure to discern this problem is yet another instance of continuing failureto enforce regulations against this licensee.

i Amexdnext so CAN's andNIRS's 10 CFR f 2.206' 3 Pettrion tsRewar NU's Dcensesfor ses Coxnectocut

. . Reactors andinnstigate Negligent NRCStaff owtsig.tt.

I B. Possible Violation ofRegulations i

1. We believe that the calculations were never reviewed or l approved as required by 10CFRpart 50and Appendix B.. The NRC i regulations require that safety-related calculations be prepared by a

. qualified individual and reviewed by an independent qualified individual. ' Additionally, NRC staff failed to discern, and NU and i its employees failed to disclose, that only draft calculations were j used, and there was no independent verification of the engineering 4 calculations concerning the nitrogen bubble problem.

C Reason for Requested Action l 1. CYhas c history of not doing the required reviews. They j may have some kind of draft calculations. Although it is certainly possible that the answers from any such draft calculations may in fact be correct and valid, the purpose forthe requisite reviews is to ensure correctness. This is simply an application of the single failure criterion to human performance. Additionally, if the allegation contained herein is correct, it is yet another example of the NRC's failure to adequately monitor NU's license and demand conformity with its terms. The bottom line is that ifthe allegation is correct, the licensee's failure to adhere to the requirement of 0 CFRPart 50and Appendix B, and the NRC's failure to enforce this portion of the regulations, creates a potential catastrophe for workers at Connecticut Yankee, persons living in the vicinity of the facility, and the natural environment in proximity to CY.

VL CONCLUSION For the forgoing reasons, petitioners ask the United States Nuclear Regulatory Commission to grant this amendment by providing the requested information and immediately commencing: (1) an investigation of the need for immediate enforcement action against Northeast Utilities for violation of 10 CFR Part 50 and Appendix B, and

7 Anexdment to CAN's andNIRS's 10 CFR f 2.206 4 Perttton toRevole NU's Lice:sesfor its Coxnecticut Reactors andinvestigate Negligent NRCStaff Oversight.

(2)an investigation of the role of the NRC directorate management and staff (NRR),and Region I management and staff in permitting NU to operate its Connecticut nuclear power stations out ofregulatory compliance with 10 CFRPart 50 and Appendix B.

DATED: This 23th day ofDecember,19%

Respectfully submitted:

DEBORAH KATZ, President,CAN PAUL GUNTER, Reactor Watchdog Project, NIRS ROSEMARY BASSILAKIS, Researcher for CAN BY: MM I

onathan M. Block, Esq.

Attorney for CAN and NIRS Main Street P.O. Box 566 Putney,VT05346-0566 l

1 cc: Deborah Katz

! Paul Gunter Rosemary Bassilakis Daniel R. MacDonald, Petition Supervisor

Emile Julian, Esq., Docketing and Service l