ML20058P172

Responds to 930526 Petition Filed Persuant to 10CFR2.206 Re Delay of Scheduled Startup of Pilgrim Nuclear Power Station Until Hardware Modifications Designed to Eliminate Errors in Reactor Water Level Measurement Made.Petition Denied.W/Encl

ML20058P172
Person / Time
Site:	Pilgrim
Issue date:	12/14/1993
From:	Murley T Office of Nuclear Reactor Regulation
To:	Hadley E HADLEY, E.C.
Shared Package
ML20058P174	List: ML20058P172 ML20058P181 ML20058P189
References
CON-#394-14524 2.206, NUDOCS 9312230121
Download: ML20058P172 (4)

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UNITED STATES

'i NUCLEAR REGULATORY COMMISSION 5C -l wAsHLNGT ,

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\..n. . . f" Docket No. 50-293 Mr. Ernest C. Hadley i 414 Main Street P.O. Box 3121 Wareham, Massachusetts 02571

Dear Mr. Hadley:

This letter is in response to the Petition you filed pursuant to Title 10 of the Code of Federal Reaulations, Section 2.206 (10 CFR 2.206), on May 26, 1993, on behalf of We The People, Inc. Your Petition asked the United States ,

Nuclear Regulatory Commission (NRC or Commission) to immediately delay the scheduled startup of the Pilgrim Nuclear Power Station (PNPS) operated by the Boston Edison Company (BECo), or, in the alternative, to order its immediate shutdown if the plant were permitted to start up before the Petition could be acted on.

The Petition requested that PNPS not be permitted to operate until the .

licensee completes hardware modifications designed to eliminate errors in reactor water level measurement. The Petitioner contends that the system in place at'PNPS does not adequately measure the water level of the reactor vessel and thus constitutes an unacceptable risk to the health and safety of the public. The Petitioner alleges that the NRC staff informed the public in February 1993 that the NRC had based its determination that continued opera' / of boiling water reactors (BWRs), such as PNPS, did not pose a safety 'reat on generic studies performed by the Boiling Water Reactor Owners Group (BWROG). These studies showed that water level errors would be measured-in inches and would be self-correcting within a short period of time. The Petitioner alleges that these assurances were given despite the fact that on January 21, 1993, Washington Nuclear 2 (WNP-2) reported a significant event in which a water level error lasting for more than I hour in duration was observed. It is further alleged that this error was significantly larger than those previously observed.

Additionally, the Petitioner alleges that it requested from the NRC information used by PNPS to make its operability determination for the water-level measurement system, as required by the technical specifications for PNPS. Because the NRC failed to provide this information, the Petitioner concludes that such information either does not exist or would not withstand independent scrutiny.

Finally, the Petitioner refers to a meeting of the Advisory Committee on Reactor Safeguards held on May 12, 1993, which included the BWROG. It is the Petitioner's understanding that during the closed session of that meeting, the BWROG and the NRC staff confirmed that water measurement errors could be on the order of 27 feet and that neither the BWROG nor the NRC staff any longer believes the error will correct itself with the passage of time.

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Ernest C; Hadley December 14, 1993 L 'On June 22, 1993, I informed you that I was denying your request for immediate, action, that the remainder of.your request was being-treated under 10 CFR 2.206 of the Commission's regulations and that a formal decision would-be issued in a reasonable time.

For the reasons given in the enclosed Director's Decision under 10 CFR 2;206,-

your Petition-has been denied. A copy of the Decision will be filed with the Secretary of the Commission for the Commission's review in accordance with 10 CFR 2.206(c). As provided by this regulation, the Decision will' constitute the final action of the Commission 25 days after the-date of issuance of the Decision unless the Commission, on its own motion, institutes a review of the -

Decision within that time.

A copy of the Notice of Decision that is being filed with the' 0ffice 'of the.

Federal Register for publication is also enclosed.

Sincerely, ongimi tigned tr Thceas L Earley Thomas E. Murley, Director Office of Nuclear Reactor Regulation

Enclosures:

1. Director's Decision (DD-93 -20 )

2. Federal Reaister Notice cc w/ enclosures:

See next page DISTRIBUTION:

Docket: File .(50-293) (w/ incoming letter) OPA NRC/ Local PDRs (w/ incoming letter) OCA ED0#0008947 NRR Mail Room (ED0#0008947)

ED0 Reading PDI-Reading J. Taylor V. Yanez (2) (P-223)

T. Murley/F. Miraglia C. Carter, SECY.

J. L. Callan M. Malsch, OGC S. Varga J. Goldberg, OGC J. Calvo ASLBP-W. Butler S. Burns, OCAA S. Little ACRS (10)

R. Eaton J. Linville, RI

• See previous' concurrence OFFICE LA:hl-3 PM:PI)I)3' D:PQik3l /

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8 OFFICIAL. RECORD COPY FILENAME: A:\HADLEY

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Ernest C. Hadley' December 14', 1993-On June 22, 1993, I informed you that I was denying your request for imediate -

- action, that the remainder of your request ws.s being treated under 10 CFR 2.206 of the Comission's regulations and that a formal decision would-be issued .in a reasonable time.

For the reasons given in the enclosed Director's Decision under 10 CFR 2.206,

. your Petition has been denied. A copy of the Decision will be filed with the:

Secretary of the Comission for the Comission's review in accordance with' 10 CFR 2.206(c). As provided by this regulation, the Decision'will constitute the final action of the'Comission 25 days after the date of is'suance of the. a Decision unless the Comission, on its own motion, . institutes a review of the 'l Decision within that time.

- A copy of the Notice of Decision that is being filed with the Office of the H Federal Register for publication is' also enclosed.

Sincerely,

{

Thomas E. Murley, Director .

Office of Nuclear Reactor. Regulation

Enclosures:

1. Director's Decision (DD-93-20 )

2. Federal Reaister Notice cc w/ enclosures:

See next page

r

- Pilgrim Nuclear Power Station cc:

Mr. Edward S. Kraft, Mr. H. Vernon 0heim Vice President of Nuclear Manager, Reg. Affairs Dept.

Operations & Station Director Pilgrim Nuclear Power Station Pilgrim Nuclear Power Station RFD #1 Rocky Hill Road RFD #1 Rocky Hill Road Plymouth, Massachusetts 02360 Plymouth, Massachusetts 02360 Mr. David F. Tarantino Resident Inspector Nuclear Information Manager U. S. Nuclear Regulatory Commission Pilgrim Nuclear Power Station Pilgrim Nuclear Power Station RFD #1, Rocky Hill Road Post Office Box 867 Plymouth, Massachusetts 02360 Plymouth, Massachusetts 02360 Mr. Thomas Rapone Chairman, Board of Selectmen Secretary of Public Safety 11 Lincoln Street Executive Office of Public Safety Plymouth, Massachusetts 02360 One Ashburton Place ,

Boston, Massachusetts 02108 Office of the Commissioner '

Massachusetts Department of Mr. David Rodham, Director Environmental Protection Massachusetts Emergency Management One Winter Street Agency Boston, Massachusetts 02108 400 Worcester Road P.O. Box.1496

~ ice of the Attorney General Framingham, Massachusetts 01701-0317 L.; Ashburton Place Attn: James Muckerheide 20th Floor Boston, Massachusetts 02108 Chairmen, Citizens Urging Responsible Energy  :

Mr. Robert M. Hallisey, Director P. O. Box 2621 Radiation Control Program Duxbury, Massachusetts 02331 Massachusetts Department of Public Health Citizens at Risk 305 South Street P. O. Box 3803 Boston, Massachusetts 02130 Plymouth, Massachusetts 02361 Regional Administrator, Region I W. S. Stowe, Esquire U. S. Nuclear Regulatory Commission Boston Edison Company 475 Allendale Road 800 Boylston St., 36th Floor King of Prussia, Pennsylvania 19406 Boston, Massachusetts 02199 Mr. Paul J. Hamilton Mr. E. Thomas Boulette, Ph.D Licensing Division Manager Senior Vice President - Nuclear Boston Edison Company Boston Edison Company 600 Rocky Hill Road Pilgrim Nuclear Power Station Plymouth, Massachusetts 02360-5599 RFD #1 Rocky Hill Road Plymouth, Massachusetts 02360