ML030360647
| ML030360647 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 02/10/2003 |
| From: | Travers W NRC/EDO |
| To: | Kucinich D US HR (House of Representatives) |
| Collins D, NRR/DLPM, 415-1427 | |
| References | |
| G20030048, LTR-03-0059 | |
| Download: ML030360647 (7) | |
Text
February 10, 2003 The Honorable Dennis J. Kucinich United States House of Representatives Washington, D.C. 20515
Dear Congressman Kucinich:
I am responding to your petition dated February 3, 2003, in which you requested that the U.S. Nuclear Regulatory Commission (NRC) revoke FirstEnergy Nuclear Operating Companys (FirstEnergys) license to operate the Davis-Besse Nuclear Power Station in Oak Harbor, Ohio.
As the basis for your request, you stated that FirstEnergy has operated outside the parameters of their operating license for several years, has violated numerous federal laws, rules and regulations, and has hidden information from the NRC and lied to the NRC to justify the continuing operation of the Davis-Besse Nuclear Power Station. I would like to express my appreciation for your continued interest in Davis-Besse.
A copy of your petition will be made publicly available on the NRCs Web site via the NRCs Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room under the Accession No. ML030370067.
The NRCs Management Directive (MD) 8.11, Review Process for 10 CFR 2.206 Petitions, establishes the process and framework for evaluating and reviewing petitions under 10 CFR 2.206. I have enclosed for your information, a copy of the Management Directive and the associated brochure NUREG/BR-0200, Public Petition Process, prepared by the NRCs Office of Public Affairs. (You may also visit our Web site http://www.nrc.gov/what-we-do/regulatory/enforcement/petition.html for further information.)
In accordance with MD 8.11, we have established a Petition Review Board (PRB). The NRC staff has determined that your request meets the criteria of MD 8.11 and will be treated as a 10 CFR 2.206 petition. Please note that our process affords an opportunity for you to address the PRB by telephone or by meeting at our headquarters offices in Rockville, Maryland, and provide any relevant additional details in support of your request. Our Office of Congressional Affairs will contact you to discuss this opportunity.
In your petition, you asked that the NRC, immediately revoke FirstEnergy's operating license for the Davis-Besse Nuclear Power Station. As I am sure you are aware, the NRC has been investigating whether and to what extent FirstEnergy may have violated NRC's requirements, including whether it may have withheld information material to the NRC's decisionmaking process. Until that investigative process allows the agency to reach a determination on the issues you cite in your petition, we do not have a basis to revoke the Davis-Besse operating license. However, we will consider the issues you have raised and evaluate your request in a timely manner under our existing 2.206 process. I wish to emphasize that the Davis-Besse plant is currently shut down, and will remain so, until the NRC is fully satisfied that there is reasonable assurance of adequate protection of the public health and safety and that all issues associated with management of the facility and potential wrongdoing have been satisfactorily addressed.
Congressman Kucinich I have assigned Mr. Dan Collins to be the petition manager for your petition. If you have any questions regarding this matter, please call Ms. Laura Gerke, in our Office of Congressional Affairs, at (301) 415-1692, or Mr. Dan Collins, in our Office of Nuclear Reactor Regulation, at (301) 415-1427.
I have enclosed for your information a copy of the notice that is being filed with the Office of the Federal Register for publication.
Sincerely,
/RA/
William D. Travers Executive Director for Operations
Enclosures:
- 1. Federal Register Notice
- 3. NUREG/BR-0200 cc w/enclosure 1 only: See next page
ML030360660 (Package)
ADAMS Accession No. ML030370067 (Incoming)
ADAMS Accession No. ML030360647 (Acknowledgment Letter)
Davis-Besse Nuclear Power Station, Unit 1 cc w/enclosure 1:
Mary E. OReilly FirstEnergy Corporation 76 South Main St.
Akron, OH 44308 Manager - Regulatory Affairs FirstEnergy Nuclear Operating Company Davis-Besse Nuclear Power Station 5501 North State - Route 2 Oak Harbor, OH 43449-9760 Director, Ohio Department of Commerce Division of Industrial Compliance Bureau of Operations & Maintenance 6606 Tussing Road P.O. Box 4009 Reynoldsburg, OH 43068-9009 Regional Administrator U.S. Nuclear Regulatory Commission 801 Warrenville Road Lisle, IL 60523-4351 Michael A. Schoppman Framatome ANP 1911 N. Ft. Myer Drive Rosslyn, VA 22209 Resident Inspector U.S. Nuclear Regulatory Commission 5503 North State Route 2 Oak Harbor, OH 43449-9760 Randel J. Fast, Plant Manager FirstEnergy Nuclear Operating Company Davis-Besse Nuclear Power Station 5501 North State - Route 2 Oak Harbor, OH 43449-9760 Dennis Clum Radiological Assistance Section Supervisor Bureau of Radiation Protection Ohio Department of Health P.O. Box 118 Columbus, OH 43266-0118 Carol OClaire, Chief, Radiological Branch Ohio Emergency Management Agency 2855 West Dublin Granville Road Columbus, OH 43235-2206 Zack A. Clayton DERR Ohio Environmental Protection Agency P.O. Box 1049 Columbus, OH 43266-0149 State of Ohio Public Utilities Commission 180 East Broad Street Columbus, OH 43266-0573 Attorney General Department of Attorney General 30 East Broad Street Columbus, OH 43216 President, Board of County Commissioners of Ottawa County Port Clinton, OH 43252 President, Board of County Commissioners of Lucas County One Government Center, Suite 800 Toledo, OH 43604-6506 David Lochbaum, Nuclear Safety Engineer Union of Concerned Scientists 1707 H Street NW, Suite 600 Washington, DC 20006 Mr. Lew W. Myers Chief Operating Officer FirstEnergy Nuclear Operating Company Davis-Besse Nuclear Power Station 5501 North State Route 2 Oak Harbor, OH 43449-9760
7590-01-P U.S. NUCLEAR REGULATORY COMMISSION DOCKET NO. 50-346 LICENSE NO. NPF-3 FIRSTENERGY NUCLEAR OPERATING COMPANY DAVIS-BESSE NUCLEAR POWER STATION, UNIT 1 RECEIPT OF REQUEST FOR ACTION UNDER 10 CFR 2.206 Notice is hereby given that by petition dated February 3, 2003, Congressman Dennis J.
Kucinich (petitioner) of the United States House of Representatives has requested that the U.S. Nuclear Regulatory Commission (NRC) revoke the FirstEnergy Nuclear Operating Companys (FirstEnergys) license to operate the Davis-Besse Nuclear Power Station in Oak Harbor, Ohio.
As the basis for this request, the petitioner states that FirstEnergy has operated outside the parameters of their operating license for several years, has violated numerous federal laws, rules and regulations, and has hidden information from the NRC and lied to the NRC to justify the continuing operation of the Davis-Besse Nuclear Power Station.
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 NRCs Office of Nuclear Reactor Regulation (NRR). As provided by Section 2.206, appropriate action will be taken on this petition within a reasonable time.
A copy of the petition is available in the Agencywide Documents Access and Management System (ADAMS) for inspection at the Commission's Public Document Room (PDR), located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland, and from the ADAMS Public Library component on the NRCs Web site, http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room) using the Accession No. ML030370067. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS, should contact the NRCs PDR Reference staff by telephone at 1-800-397-4209 or 301-415-4737, or by e-mail to pdr@nrc.gov.
FOR THE NUCLEAR REGULATORY COMMISSION
/RA/
Samuel J. Collins, Director Office of Nuclear Reactor Regulation Dated at Rockville, Maryland This 10th day of February 2003