ML023430025
| ML023430025 | |
| Person / Time | |
|---|---|
| Site: | Sequoyah, San Onofre  |
| Issue date: | 11/13/2002 |
| From: | Saporito T National Environmental Protection Ctr |
| To: | Travers W NRC/EDO |
| Shared Package | |
| ml023640486 | List: |
| References | |
| 2.206, G20020651, TAC MB4994, TAC MB5145, TAC MB5146 | |
| Download: ML023430025 (5) | |
Text
Novmbe 13h (2002 WU CI EDO DEDMRS DEDR DEDM AO 11 EPC NATIONAL ENVIRONMENTAL PROTECTION CENTER OGXc November 13th, 2002 William D. Travers Executive Director for Operations SENT BY FAX AND U.S.MAIL U.S. Nuclear Regulatory Commission
-Washirigtor-,D.C. 20555'-0001 RE:
PUBLIC PETITION TO NRC UNDER 10 C.F.R. 2.206
Dear Executive Director Travers:
The National Environmental Protection Center ("NEPC") by and through its undersigned Executive Director submit this public petition to the U.S. Nuclear Regulatory Commission
("NRC") under 10 C.F.R. 2.206 requesting certain and specific actions by the NRC as delineated below:
REQUESTS FOR NRC ACTION UNDER 10 C.F.R. 2.206 REQUEST #1 NEPC requests that NRC revoke any license amendment request granted to the Sequoyah Nuclear Plant, Unit Issuance of Technical Specification Amendment Regarding Steam Generator Tube Inspection Scope, Dated May 1 0 th, 2002.
REQUEST #2 NEPC requests that NRC revoke any license amendment request granted to the San Onofre Nuclear Generating Station, Units 2 and 3 - Issuance of Amendments on Steam Generator Tube Inspections, dated June 1 7 th, 2002.
BASIS FOR REQUESTS By letter dated September 2 6 th, 2002, the Arizona Public Service Company ("APS")
submitted a request to the U.S. Nuclear Regulatory Commission ("NRC") to amend their operating license for Unit-i, at the Palo Verde Nuclear Generating Station ("PVNGS")
regarding certain and specific inspection surveillance requirements identified in the licensee' plant operational safety parameters detailed in the PVNGS technical specifications for the inspection of the steam generator tubes in the area of the tubesheet. See, APS letter of September 2 6 th, 2002 (102-048844-CDM/TN/JAP). In an enclosure to the licensee' letter described above, the licensee at Section 7, page 7 of the enclosure made reference to the NRC's action in granting a similar license amendment request made by the NRC Licensee of the Sequoyah Nuclear Plant and by the NRC Licensee for the San Onofre Nuclear Generating Station. See also, NRC TAC Nos. MB5145 and MB6146 and MB4994 respectively.
P. O. BOX 1021, TONOPAH, ARIZONA 85353 PHONE' 623-386-6863 FAX 309-294-1305 NEPC@THEPOSTMASTER NET
NATIONAL ENVIRONMENTAL PROTECTION CENTER Through the above noted references, it appears that the NRC acted on an exigent in evaluating any safety analysis performed by the respective licensees for the Sequoyah and San Onofre nuclear stations, and that such an evaluation Is not complete as is the NRC's evaluation of the APS safety evaluation for a similar license amendment request. Therefore to the extent that the NRC's relied on the licensee' safety analysis for the Sequoyah nuclear station and the NRC's relied on the licensee's safety analysis for the San Onofre nuclear station in granting the license amendment requests, the NRC's safety evaluation is not complete or valid and requires that the NRC revoke both licensee' amendment requests immediately in the interest for public safety and health and for the protection of the environment as a whole.
NEPC asserts here that the NRC may have acted on an exigent basis in granting the license amendment requests for the Sequayah and San Onofre nuclear stations, and that the public was not provided the required 30-day period for public comment for filing petitions for leave and for requesting a hearing regarding the amendment requests as required by NRC regulations. See, 10 C.F.R. 2.105(d) and 10 C.F.R. 50.91(a)2). To the extent that the NRC Vl~tedits own reg-lati6fi-, the-NR-C-did-6t-h-ave "uth-rityt0-g r-ant the licensees' amendment requests. Therefore both license amendment requests should be immediately revoked for cause. To the extent that the public and NEPC were not provided a sufficient opportunity (i.e. 30-day period) in which to request a hearing and/or file a petition for leave to intervene, the NRC violated its own regulations and disenfranchised the public and NEPC an opportunity to challenge the merits of the license amendment requests.
Therefore both license amendment requests should be immediately revoked.
To the extent that the NRC may not have conducted an "independent" agency safety evaluation of one or of both licensee amendment requests, the NRC should immediately revoke both license amendments.
WHEREFORE, NEPC requests that NRC act on its 10 C.F.R. 2.206 Petition in a timely manner in the interest for the environment, and for the safety and health of the general public.
Respectfully submitted, Th6m-i-a Sa-irito Executive Director, NEPC 2
NATIONAL ENVIRONMENTAL PROTECTION CENTER APPLICATION FOR MEMBERSHIP NAME:
MAILING ADDRESS:
PLEASE CHECK YOUR MEMERSHIP CHOICE BELOW
___ Yes, I would like to become a member of the National Environmental Protection Center and I would like to donate $1.00 to NEPC.
___ Yes, I would like to become a member of the National Environmental Protection Center and I would like to donate $.
to NEPC.
___ Yes, I would like to become a member of the National Environmental Protection Genter-and-choose-not-to-donate-to-N EPC-at-this -time.
MEMBERSHIP APPLICATION MAILING INSTRUCTIONS Please complete one application for each family member or friend and mail your NEPC membership application to:
THOMAS SAPORITO, EXECUTIVE DIRECTOR NATIONAL ENVIRONMENTAL PROTECTION CENTER POST OFFICE BOX 1021 TONOPAH, ARIZONA 85354 N EPC@THEPOSTMASTER. NET 3
NATIONAL ENVIRONMENTAL PROTECTION CENTER SERVICE SHEET CC: Hon. George W. Bush President of the United States of America The White House 1600 Pennsylvania Avenue, N.W.
Washington, D.C. 20500 Secretary of the Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Attention: Rulemakings and Adjudications Staff Inspector General U.S. Nuclear Regulatory Commission Office of the Inspector General Mail Stop T5-D28 11545 Rockville, MD 20852-2738 R3/
4
I* EP C NATIONAL ENVIRONMENTAL PROTECTION CENTER FACSIMILE COVER SHEET Date: November 13th, 2002
-To: WILLIAM TRAVERSS*XECUTIVE DIRECTOR FOR OPERATIONS Company: U.S. Nuclear Regulatory Commission FAX #:
301-415-2700 Phone #:
From: Thomas Saporito Number of Pages Including.Cover Sheet:
2 Message: If you fail to receive the entire FAX, please contactThomas Saporito at 623-386 6863 or send an email message to NEPC@THEPOSTMASTER.NET Please find a replacement first page for the NEPC 10 CFR 2.206 petition filed this date. Please remove and destroy the original first page of the petition and insert this new first page.
This change is to correct the MAILING address of NEPC and does not materially change the requests made in the petition.
NOTE:
The information contained in this FAX document in intended for those individuals named above and is to be considered confidential in use of the receiver(s) identified above. If the individual receiving this FAX document is not the intended receiver or an agent of the intended receiver respo'nsible for delivering it to the intended receiver(s), you are hereby notified that you* have received this FAX document in-errbr and anV use of this document is strictly.prohibited and you should notify the sender immediately. Thank you for your cooperation.
P. O BOX 1021. TONOPAH, ARIZONA 85354 PHONE: 623-386-6863 FAX: 309-294-1305 NEPC@THEPOSTMASTER NET