[Federal Register Volume 63, Number 245 (Tuesday, December 22, 1998)]
[Notices]
[Page 70810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33824]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-440 License No. NPF-58]


The Cleveland Electric Illuminating Company, et al.; Receipt of 
Petition for Director's Decision Under 10 CFR 2.206

    Notice is hereby given that by Petition dated November 9, 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 Perry 
Nuclear Power Plant, Unit No. 1 (PNPP), operated by The Cleveland 
Electric Illuminating Company and Centerior Service Company. Petitioner 
requests that enforcement action be taken to require an immediate 
shutdown of the PNPP, 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, PNPP 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 PNPP, 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, the Petitioner cited the NRC's Weekly 
Information Report for the week ending October 30, 1998, that describes 
the apparent existence of two pin hole fuel leaks at the Perry 
facility. In the opinion of the Petitioner, operation with one or more 
failed fuel assemblies is not permitted by the Perry design and 
licensing bases. In addition, the Petitioner stated that by operating 
with possible failed fuel cladding, PNPP is violating its licensing 
basis for the radiation worker protection (as low as reasonably 
achievable [ALARA]) program. The Petitioner referred to NRC Information 
Notice No. 87-39, ``Control of Hot Particle Contamination at Nuclear 
Plants,'' which describes how continued operation with degraded fuel 
may elevate radiation exposure rates for plant employees.
    The Petitioner further reasserted the UCS position that nuclear 
power plants operating with fuel cladding failures are potentially 
unsafe and are 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-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.''
    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 December 16th, 1998, the Director 
denied Petitioner's request for enforcement action to require The 
Cleveland Electric Illuminating Company to immediately shut down PNPP. 
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, NW., Washington, DC 20555-0001.

    Dated at Rockville, Maryland, this 16th day of December 1998.

    For the Nuclear Regulatory Commission.
Samuel J. Collins,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 98-33824 Filed 12-21-98; 8:45 am]
BILLING CODE 7590-01-P