ML041950503
| ML041950503 | |
| Person / Time | |
|---|---|
| Site: | Pilgrim, Seabrook |
| Issue date: | 08/04/2004 |
| From: | Dyer J Office of Nuclear Reactor Regulation |
| To: | Lampert M Massachusetts Citizens for Safe Energy |
| Licata L ,NRR/DLPM/LPDI, 415-4090 | |
| Shared Package | |
| ML041960027 | List: |
| References | |
| G20040435, G20040436, LTR-04-0403, LTR-04-0408, TAC MC3672, TAC MC3673, TAC MC3682 | |
| Download: ML041950503 (6) | |
Text
August 4, 2004 Ms. Mary Elizabeth Lampert 148 Washington Street Duxbury, MA 02332
Dear Ms. Lampert:
Your petitions dated June 18 and June 25, 2004, and addressed to the Chairman of the U.S. Nuclear Regulatory Commission (NRC or the Commission), have been referred to the Office of Nuclear Reactor Regulation pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Section 2.206 of the Commissions regulations.
In your June 18, 2004, petition, you requested that the NRC require Pilgrim Nuclear Power Station (Pilgrim) to cease operations over a sufficient period bracketing the July 4th National Holiday and the Democratic National Convention (DNC) in Boston, Massachusetts. As the basis for your request, you stated, in part:
Nuclear reactors are known terrorist targets.
The [F]ederal [G]overnment has warned of increased threat of a terrorist attack during the Democratic National Convention. One can not assume that the threat pertains only to downtown Boston. [A]n attack anywhere in the area would have the desired impact. In fact there are few other targets with greater potential impact.
The [F]ederal [G]overnment has also warned that important national holidays present increased risk of terrorism. July 4th indeed would be symbolic, especially a strike on America[]s Hometown.
In this petition, you referenced statements from members of the Union of Concerned Scientists regarding their view of risk reduction for shutting down Pilgrim, compared to operating at full or reduced power levels. You then go on to state:
Therefore, to preserve public safety and public confidence in the NRCs ability and willingness to regulate in the public[]s interest, I request in this petition that Pilgrim Nuclear Power Station not be allowed to continue to operate over a sufficient time period bracketing the Democratic National Convention in Boston and the July 4th National Holiday. Warnings of increased terrorist threat have been announced for those periods. Hence, it is no time to take chances; indeed, with nuclear power, there is never any time for chances.
In your June 25, 2004, petition, you and your co-petitioners, Ms. Sandra Gavutis and
M. Lampert Ms. Deborah Grinnell, requested that the NRC require both Seabrook Nuclear Power Station (Seabrook) and Pilgrim to cease operations over a sufficient period bracketing the DNC in Boston, Massachusetts, to place both reactors on the highest alert status, and increase security at both sites with a special focus on protecting the spent fuel. You provided the same basis for these requests that you provided in your June 18, 2004, petition with additional information on spent fuel pools.
The Petition Review Board (PRB) considered the information provided in your petitions as well as the information you provided during a teleconference with the PRB on July 1, 2004. The staff considered your petition, and determined that there was no need for action to shut down Pilgrim and Seabrook because you had not provided any information that identified a specific credible threat. The staff also evaluated, in close coordination with Federal intelligence agencies, all available information and determined that there was no specific, credible intelligence or threat indicating that an attack on the facilities was likely. Subsequent to the teleconference noted above, the Petition Manager notified you on July 1, 2004, that the NRC staff would be denying your request.
The staff has also concluded that your petitions do not meet the criteria for consideration under 10 CFR 2.206. In accordance with NRC Management Directive 8.11, Review Process for 10 CFR 2.206 Petitions, the staff will not review a petition if the petitioner raises issues that have already been the subject of NRC staff review unless the petition presents significant new information. In 2002, there were two Directors Decisions under 10 CFR 2.206: DD-02-04 and DD-02-03. Both decisions are publicly available at http://www.nrc.gov/reading-rm/doc-collections/petitions-2.206/directors-decision/2002/index.html. These decisions address very similar issues to those raised in your petitions. These issues are considered applicable to both Pilgrim and Seabrook and are considered resolved.
The staff has also determined that you have not provided any significant new information that supports your assertion that Pilgrim and Seabrook are specifically targeted for terrorist actions.
It is not sufficient to assert that the Associated Press (AP) reported a Federal Bureau of Investigation announcement on July 1, 2004, urging police nationwide to step up patrols and watch for signs of terrorism activity during the holiday weekend. This is a general assertion already know to the NRC staff. The AP article also reported that officials said there was no specific, credible intelligence indicating an attack was likely.
Licensees throughout the nuclear industry have significantly enhanced security by upgrading security measures and coordinating with local, State, and Federal agencies to better prepare for a significant terrorist event. The NRC did issue a Security Advisory to all nuclear facilities within close proximity to Boston, Massachusetts, during the DNC. The details of the Advisory are considered Safeguards information and are not publicly available.
In general, however, some of the measures implemented by licensees in response to the NRC advisories and Orders included increased patrols, augmented security forces and capabilities, additional security posts, installation of additional physical barriers, vehicle checks at greater stand-off distances, enhanced coordination with law enforcement and military authorities, and more restrictive site access controls for all personnel. Additional information regarding the security of nuclear power plants is available on our public Web site at http://www.nrc.gov/what-we-do/safeguards.html.
M. Lampert The NRC will, continue to monitor threat-related developments, and will coordinate its assessment activities with other Federal and State agencies for any indications of a threat to licensees.
Based on the fact that your request does not provide significant new information that would require the NRC to re-evaluate its current position regarding nuclear power plant security, the staff will not take further action on your petitions. However, the NRC sincerely appreciates your bringing these issues to our attention.
Sincerely,
/RA/
J. E. Dyer, Director Office of Nuclear Reactor Regulation
Enclosures:
- 1. Mary Lamberts 2.206 Request of June 18, 2004
- 2. Mary Lamberts 2.206 Request of June 25, 2004 cc w/encls: See next page
M. Lampert The NRC will, continue to monitor threat-related developments, and will coordinate its assessment activities with other Federal and State agencies for any indications of a threat to licensees.
Based on the fact that your request does not provide significant new information that would require the NRC to re-evaluate its current position regarding nuclear power plant security, the staff will not take further action on your petitions. However, the NRC sincerely appreciates your bringing these issues to our attention.
Sincerely,
/RA/
J. E. Dyer, Director Office of Nuclear Reactor Regulation
Enclosures:
- 1. Mary Lamberts 2.206 Request of June 18, 2004
- 2. Mary Lamberts 2.206 Request of June 25, 2004 cc w/encls: See next page Distribution: G20040435/LTR-04-0403 and G20040436/LTR-04-0408 PUBLIC LReyes EMerschoff PNorry MVirgilio WKane WDean JDyer BSheron LMarsh CHolden WBurton LLicata GCwalina KJohnson LCox DSkay KCyr SLewis SCollins, RG1 OPA OCA SBurns PShea PD1-2 R/F CRaynor CBixler, RG-I NRR Mail Room SWall SMorris OGC SECY Incoming Nos.: ML041840136, ML041960477 Package: ML041960027 Response No.: ML041950503 OFFICE PM:PDI-2 LA:PDI-2 SC:PDI-2 SC:NSIR/RSS D:PDI NAME LLicata CRaynor (BClayton for)
JClifford SMorris CHolden (RLaufer for)
DATE 07/29/04 07/29/04 07/29/04 07/20/04 07/30/04 OFFICE Tech Editor D:DLPM D:NRR NAME PKleene LMarsh (JLyons for)
JDyer DATE 07/20/04 07/30/04 08/04/04 Official Record Copy
Pilgrim Nuclear Power Station cc:
Resident Inspector U. S. Nuclear Regulatory Commission Pilgrim Nuclear Power Station Post Office Box 867 Plymouth, MA 02360 Chairman, Board of Selectmen 11 Lincoln Street Plymouth, MA 02360 Chairman, Duxbury Board of Selectmen Town Hall 878 Tremont Street Duxbury, MA 02332 Office of the Commissioner Massachusetts Department of Environmental Protection One Winter Street Boston, MA 02108 Office of the Attorney General One Ashburton Place 20th Floor Boston, MA 02108 Dr. Robert M. Hallisey, Director Radiation Control Program Commonwealth of Massachusetts Executive Offices of Health and Human Services 174 Portland Street Boston, MA 02114 Regional Administrator, Region I U. S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406-1415 Mr. John M. Fulton Assistant General Counsel Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 Mr. Steve Brennion Supt., Regulatory & Industry Affairs Entergy Nuclear Operations, Inc.
Pilgrim Nuclear Power Station 600 Rocky Hill Road, M/S 1 Plymouth, MA 02360-5508 Mr. Jack Alexander Manager, Reg. Relations and Quality Assurance Pilgrim Nuclear Power Station 600 Rocky Hill Road Plymouth, MA 02360-5599 Mr. David F. Tarantino Nuclear Information Manager Pilgrim Nuclear Power Station 600 Rocky Hill Road Plymouth, MA 02360-5599 Ms. Jane Perlov Secretary of Public Safety Executive Office of Public Safety One Ashburton Place Boston, MA 02108 Mr. Stephen J. McGrail, Director Attn: James Muckerheide Massachusetts Emergency Management Agency 400 Worcester Road Framingham, MA 01702-5399 Chairman Nuclear Matters Committee Town Hall 11 Lincoln Street Plymouth, MA 02360 Mr. William D. Meinert Nuclear Engineer Massachusetts Municipal Wholesale Electric Company P.O. Box 426 Ludlow, MA 01056-0426
Pilgrim Nuclear Power Station cc:
Mr. Gary J. Taylor Chief Executive Officer Entergy Operations 1340 Echelon Parkway Jackson, MS 39213 Mr. John T. Herron Sr. VP and Chief Operating Officer Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 Mr. Michael A. Balduzzi Site Vice President Entergy Nuclear Operations, Inc.
Pilgrim Nuclear Power Station 600 Rocky Hill Road Plymouth, MA 02360-5508 Mr. Stephen J. Bethay Director, Nuclear Assessment Entergy Nuclear Operations, Inc.
Pilgrim Nuclear Power Station 600 Rocky Hill Road Plymouth, MA 02360-5508 Mr. Bryan S. Ford Manager, Licensing Entergy Nuclear Operations, Inc.
Pilgrim Nuclear Power Station 600 Rocky Hill Road Plymouth, MA 02360-5508 Mr. Danny L. Pace Vice President, Engineering Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 Mr. Brian OGrady Vice President, Operations Support Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 Mr. John F. McCann Director, Nuclear Safety Assurance Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 Ms. Charlene D. Faison Manager, Licensing Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 Mr. Michael J. Colomb Director of Oversight Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 Senior Resident Inspector U.S. Nuclear Regulatory Commission Pilgrim Nuclear Power Station 600 Rocky Hill Road Mail Stop 66 Plymouth, MA 02360-5508 Ms. Stacey Lousteau Treasury Department Entergy Services, Inc.
639 Loyola Avenue New Orleans, LA 70113 Jim Sniezek 5486 Nithsdale Drive Salisbury, MD 21801 Mr. Kennety L. Graesser 38832 N. Ashley Drive Lake Villa, IL 60046 Mr. Ronald Toole 1282 Valley of Lakes Box R-10 Hazelton, PA 18202
Seabrook Station, Unit No. 1 cc:
Mr. J. A. Stall Senior Vice President, Nuclear and Chief Nuclear Officer Florida Power & Light Company P.O. Box 14000 Juno Beach, FL 33408-0420 Mr. Peter Brann Assistant Attorney General State House, Station #6 Augusta, ME 04333 Resident Inspector U.S. Nuclear Regulatory Commission Seabrook Nuclear Power Station P.O. Box 1149 Seabrook, NH 03874 Town of Exeter 10 Front Street Exeter, NH 03823 Regional Administrator, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 Office of the Attorney General One Ashburton Place, 20th Floor Boston, MA 02108 Board of Selectmen Town of Amesbury Town Hall Amesbury, MA 01913 Ms. Deborah Bell Federal Emergency Management Agency Region I J.W. McCormack P.O. &
Courthouse Building, Room 401 Boston, MA 02109 Mr. Tom Crimmins Polestar Applied Technology One First Street, Suite 4 Los Altos, CA 94019 Mr. Stephen McGrail, Director ATTN: James Muckerheide Massachusetts Emergency Management Agency 400 Worcester Road Framingham, MA 01702-5399 Philip T. McLaughlin, Attorney General Steven M. Houran, Deputy Attorney General 33 Capitol Street Concord, NH 03301 Mr. Bruce Cheney, Director New Hampshire Office of Emergency Management State Office Park South 107 Pleasant Street Concord, NH 03301 Mr. Gene F. St. Pierre Station Director Seabrook Station FPL Energy Seabrook, LLC P.O. Box 300 Seabrook, NH 03874 Mr. M. S. Ross, Managing Attorney Florida Power & Light Company P.O. Box 14000 Juno Beach, FL 33408-0420 Mr. Rajiv S. Kundalkar Vice President - Nuclear Engineering Florida Power & Light Company P.O. Box 14000 Juno Beach, FL 33408-0420 James M. Peschel Regulatory Programs Manager Seabrook Station FPL Energy Seabrook, LLC PO Box 300 Seabrook, NH 03874 Ms. Sandra Gavutis, Deborah Grinnell C-10 Education and Research Foundation 44 Merrimac Street Newbury, MA 01950