[Federal Register Volume 61, Number 75 (Wednesday, April 17, 1996)]
[Notices]
[Page 16810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9453]



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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-413 and 50-414]


Duke Power Company, et al.; Catawba Nuclear Station, Units 1 and 
2, Receipt of Petition for Director's Decision Under 10 CFR 2.206

    Notice is hereby given that by letter dated February 13, 1996, Mr. 
C. Morris submitted a Petition pursuant to 10 CFR 2.206 requesting the 
U.S. Nuclear Regulatory Commission (NRC or the Commission) to take 
action with regard to the Catawba Nuclear Station (CNS), Units 1 and 2.
    The Petitioner requests that the operating licenses for CNS and 
``some ten other licensees with uncoordinated breakers'' (not 
specfically identified in the Petition) be suspended until the lack of 
circuit breaker coordination has been remedied, that enforcement 
conferences be held on these aforementioned cases, and that the CNS be 
defueled. The Petitioner also requests that the NRC take enforcement 
action against CNS for operating with a ``known safety deficiency of 
which they did not inform the NRC . . .''
    As bases for the requests, the Petitioner has submitted 
documentation that included a memorandum to William T. Russell, 
Director of the Office of Nuclear Reactor Regulation, dated May 6, 
1994, wherein the Petitioner expressed a differing professional view 
(DPV) regarding the resolution of a breaker coordination issue 
identified during an electrical distribution system functional 
inspection (EDSFI) conducted at CNS during January-February 1992, and 
an NRC memorandum dated July 21, 1994, responding to the Petitioner's 
DPV. The NRC memorandum of July 21 confirmed that the CNS licensee's 
analysis prepared during the inspection, showed that the breaker 
coordination at CNS did not satisfy the CNS Final Safety Analysis 
Report (FSAR). The Petitioner also included a memorandum to James M. 
Taylor, Executive Director for Operations, dated July 28, 1994, wherein 
the Petitioner expressed a differing professional opinion concerning 
the uncoordinated breakers at CNS, based on the Petitioner's concern 
that the staff was inclined to accept a licensee proposal to change the 
FSAR commitment rather than the circuit breakers without adequate 
justification or documentation to support such acceptance.
    By letter dated April 2, 1996, the Director denied the Petitioner's 
request for immediate suspension of the CNS license and the defueling 
of CNS. The letter also indicated that no action is being taken on the 
Petitioner's request for suspension of operating licenses for ``some 
ten other licensees with uncoordinated breakers'' based on a lack of 
specificity and factual basis to support the concern.
    The Petition is being treated pursuant to 10 CFR 2.206 of the 
Commission's regulations and has been referred to the Director of the 
Office of Nuclear Reactor Regulation. As provided by 10 CFR 2.206, 
appropriate action with regard to the Petitioner's request will be 
taken within a reasonable time.
    A copy of the Petition is available for inspection at the 
Commission's Public Document Room, the Gelman Building, 2120 L Street, 
NW., Washington, DC, and at the local public document room located at 
the York County Library, 138 East Black Street, Rock Hill, South 
Carolina.

    For the Nuclear Regulatory Commission.

    Dated at Rockville, Maryland this 2nd day of April 1996.
William T. Russell,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 96-9453 Filed 4-16-96; 8:45 am]
BILLING CODE 7590-01-P