[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]
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