[Federal Register Volume 63, Number 215 (Friday, November 6, 1998)]
[Notices]
[Pages 60029-60030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29786]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-458; License No. NPF-47]
Entergy Operations, Inc.; Receipt of Petition for Director's
Decision Under 10 CFR 2.206
Notice is hereby given that by Petition dated September 25, 1998,
David A. Lochbaum (Petitioner), acting on behalf of the Union of
Concerned Scientists (UCS), has requested that the U.S. Nuclear
Regulatory Commission (NRC) take action with regard to the River Bend
Station (RBS), operated by Entergy Operations, Incorporated. Petitioner
requests that enforcement action be taken to require an immediate
shutdown of the RBS, 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, RBS could be restarted after its design and licensing bases
were updated to permit operation with failed fuel assemblies.
Additionally, the Petition requested a public hearing to present new
plant-specific information regarding the operation of RBS, as well as
to discuss a UCS report dated April 2, 1998, entitled ``Potential
Nuclear Safety Hazard/Reactor Operation With Failed Fuel Cladding.''
As the basis for the request, examples were cited in the Petition
(summarized below) where, in the Petitioner's opinion, the RBS Updated
Safety Analysis Report (USAR) does not allow for operation with pre-
existing fuel failures:
(1) Integrity of the fuel barrier is an explicit criterion in
addition to radiation requirements, and RBS is violating ``the
spirit, if not the letter, of [USAR Section 15A, Table 15A.2-4]
Criterion 4-2 since the fuel barrier has already failed, albeit to a
limited extent.''
(2) The USAR description for six design-bases events includes
either the statement that the fuel barrier maintains its ``integrity
and functions as designed,'' or that ``no radioactive material is
released from the fuel,'' as a consequence of the event. It is the
Petitioner's view that the analyses associated with these events
``appear[s] valid only when the River Bend Station is operated with
no failed fuel assemblies.''
The Petitioner further reasserted the UCS position that nuclear
power plants operating with fuel cladding failures were potentially
unsafe and were in violation of Federal regulations. In its April 1998
report, the UCS stated that it has not been demonstrated that the
effects from design-bases transients and accidents (i.e., hydrodynamic
loads, fuel enthalpy changes, etc.) prevent pre-
[[Page 60030]]
existing fuel failures from propagating. Therefore, the Petitioner
concluded that it was possible that ``significantly more radioactive
material will be released to the reactor coolant system during a
transient or accident than that experienced during steady state
operation.'' In addition, the Petitioner also stated that, by operating
with possible failed fuel cladding, RBS is violating its licensing
basis for the radiation worker protection (as low as reasonably
achievable [ALARA]) program as it is described in USAR Sections 12.1.1,
``Policy Considerations,'' and 12.1.2.1, ``General Design
Considerations for ALARA Exposures.''
The request is being treated pursuant to 10 CFR 2.206 of the
Commission's regulations. The request has been referred to the Director
of the Office of Nuclear Reactor Regulation. As provided by Section
2.206, appropriate action will be taken on this petition within a
reasonable time. By letter dated October 29, 1998, the Director denied
Petitioner's request for enforcement action to require Entergy
Operations, Inc., to immediately shut down RBS. In addition, the
Director also extended an offer to the Petitioner for an informal
public hearing at a date to be determined. A copy of the petition is
available for inspection at the Commission's Public Document Room at
2120 L Street, N.W., Washington, D.C. 20555-0001.
Dated at Rockville, Maryland, This 29th day of October 1998.
For the Nuclear Regulatory Commission.
Frank J. Miraglia,
Acting Director, Office of Nuclear Reactor Regulation.
[FR Doc. 98-29786 Filed 11-5-98; 8:45 am]
BILLING CODE 7590-01-P
