ML051240014

G20050272 - David A. Lochbaum Ltr. Response 2.206 - Enforcement Action Against Firstenergy for Beaver Valley 10 CFR 50.9 Violation

ML051240014
Person / Time
Site:	Beaver Valley
Issue date:	05/20/2005
From:	Dyer J Office of Nuclear Reactor Regulation
To:	Lochbaum D Union of Concerned Scientists
Colburn T, NRR/DLPM, 415-1402
Shared Package
ML051240059	List: ML051240014
References
2.206, G20050272, TAC MC6753, TAC MC6754
Download: ML051240014 (7)

Text

May 20, 2005 Mr. David Lochbaum Union of Concerned Scientists 1707 H Street NW, Suite 600 Washington, DC 20006

Dear Mr. Lochbaum:

Your petition dated April 12, 2005, addressed to Mr. Luis A. Reyes, Executive Director for Operations for the Nuclear Regulatory Commission (NRC or Commission) has been referred to me pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Section 2.206 of the Commissions regulations. Your petition seeks enforcement action against FirstEnergy Nuclear Operating Company (FENOC or the licensee) and imposition of a civil penalty of at least

$55,000 or as an alternative, movement of the license renewal application for Beaver Valley Nuclear Power Station, Unit Nos. 1 and 2 to the end of the current queue. As the basis for your request, you state that the licensees February 9, 2005, submittal was not complete and accurate in all material respects and that this is a violation of 10 CFR 50.9, paragraph (a) which requires in part, that information provided to the Commission by a licensee shall be complete and accurate in all material respects. As basis for the alternative sanction of moving the license renewal application to the end of the current queue, you state that moving the application to the end of the current queue would allow time for the licensee to ensure the resubmittal is complete and accurate. It would also allow the NRC to review the application without requiring additional resources to recheck the resubmittal concurrent with other license renewal reviews which you state could compromise the quality of the NRC review. I appreciate your effort in bringing these matters to the attention of the NRC.

You declined the NRC staffs invitation to meet with or discuss your petition with our Petition Review Board (PRB), stating that all of the details concerning the issues were contained within your petition. You requested no immediate action in your petition and this has been taken into consideration in establishing a schedule for review of your petition. The PRB determined that your alternative sanction request does not fit the guidelines for consideration pursuant to 10 CFR 2.206. However, your request for enforcement action does fit those guidelines and is therefore, being considered as a petition pursuant to 10 CFR 2.206.

As provided by 10 CFR 2.206, we will take action on your request within a reasonable time. I have assigned Mr. Timothy G. Colburn to be the petition manager for your petition. Mr. Colburn can be reached at 301-415-1402. Your petition is being reviewed by the staff of the Division of Regulatory Improvement Programs and the staff of the Division of Licensing Project

D. Lochbaum Management within the Office of Nuclear Reactor Regulation and by the staff of the Office of Enforcement. 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/

J. E. Dyer, Director Office of Nuclear Reactor Regulation Docket Nos. 50-334 and 50-412

Enclosure:

Federal Register Notice cc w/encl: See next page

D. Lochbaum Management within the Office of Nuclear Reactor Regulation and by the staff of the Office of Enforcement. 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/

J. E. Dyer, Director Office of Nuclear Reactor Regulation Docket Nos. 50-334 and 50-412

Enclosure:

Federal Register Notice cc w/encl: See next page DISTRIBUTION: See next page Package: ML051240059 Response and

Enclosure:

ML051240014 Incoming: ML051100297 OFFICE PDI-1/PM PDI-1/LA PDI-1/SC PDI/D DLPM/D NRR/OD NAME TColburn MOBrien RLaufer CHolden TMarsh JDyer (SLittle for) (JLyons for)

DATE 05/09/05 05/09/05 05/09/05 05/06/05 05/20/05 05/20/05 OFFICIAL RECORD COPY

DISTRIBUTION: G20050272 PUBLIC PDI-1 R/F LReyes WKane MVirgilio JSilber WDean SBurns JDyer/WBorchardt, NRR BSheron, NRR/ADPT OGC KCyr, OGC OPA OCA NRR Mail Room KGrimes LCox CHolden RLaufer TColburn SLee, EDO DSkay MOBrien SCollins, RI CAnderson, RI ABurritt, RI

Beaver Valley Power Station, Unit Nos. 1 and 2 cc:

Mary OReilly, Attorney Shippingport, PA 15077 FirstEnergy Nuclear Operating Company Rich Janati, Chief FirstEnergy Corporation Division of Nuclear Safety 76 South Main Street Bureau of Radiation Protection Akron, OH 44308 Department of Environmental Protection Rachel Carson State Office Building FirstEnergy Nuclear Operating Company P.O. Box 8469 Regulatory Affairs/Performance Harrisburg, PA 17105-8469 Improvement Larry R. Freeland, Manager Mayor of the Borough of Shippingport Beaver Valley Power Station P O Box 3 Post Office Box 4, BV-A Shippingport, PA 15077 Shippingport, PA 15077 Regional Administrator, Region I Commissioner James R. Lewis U.S. Nuclear Regulatory Commission West Virginia Division of Labor 475 Allendale Road 749-B, Building No. 6 King of Prussia, PA 19406 Capitol Complex Charleston, WV 25305 Resident Inspector U.S. Nuclear Regulatory Commission Director, Utilities Department Post Office Box 298 Public Utilities Commission Shippingport, PA 15077 180 East Broad Street Columbus, OH 43266-0573 FirstEnergy Nuclear Operating Company Beaver Valley Power Station Director, Pennsylvania Emergency ATTN: R. G. Mende, Director Management Agency Work Management (BV-IPAB) 2605 Interstate Dr. Post Office Box 4 Harrisburg, PA 17110-9364 Shippingport, PA 15077 Ohio EPA-DERR FirstEnergy Nuclear Operating Company ATTN: Zack A. Clayton Beaver Valley Power Station Post Office Box 1049 Mr. B. F. Sepelak Columbus, OH 43266-0149 Post Office Box 4, BV-A Shippingport, PA 15077 Dr. Judith Johnsrud National Energy Committee Mr. L. William Pearce Sierra Club Vice President 433 Orlando Avenue FirstEnergy Nuclear Operating Company State College, PA 16803 Beaver Valley Power Station Post Office Box 4 J. H. Lash, Plant Manager (BV-IPAB) Shippingport, PA 15077 FirstEnergy Nuclear Operating Company Beaver Valley Power Station Post Office Box 4

7590-01-P U.S. NUCLEAR REGULATORY COMMISSION DOCKET NOS. 50-334 AND 50-412 LICENSE NOS. DPR-66 AND NPF-73 FIRSTENERGY NUCLEAR OPERATING COMPANY (FENOC)

RECEIPT OF REQUEST FOR ACTION UNDER 10 CFR 2.206 Notice is hereby given that by petition dated April 12, 2005, Mr. David Lochbaum of the Union of Concerned Scientists requested that the Nuclear Regulatory Commission (NRC) take action with regard to Beaver Valley Power Station, Unit Nos. 1 and 2. The petitioner requests that the NRC take enforcement action against FENOC and impose a civil penalty of at least

$55,000.

As the basis for this request, the petitioner states that the licensees February 9, 2005, license renewal submittal was not complete and accurate in all material respects and that this is a violation of 10 CFR 50.9, paragraph (a) which requires in part, that information provided to the Commission by a licensee shall be complete and accurate in all material respects.

The petition is being treated pursuant to 10 CFR 2.206 of the Commissions regulations.

The petition 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. Mr. Lochbaum declined to meet with or participate in a telephone conference with the Petition Review Board on this matter stating that all pertinent facts were contained within his petition. Copies of the petition are available for inspection at the Commissions Public Document Room, located at One White Flint North, Public File Area O-1F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible from the

Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/adams.html (Accession No. ML051100297). Persons who do not have access to ADAMS, should contact the NRC 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/

J. E. Dyer, Director Office of Nuclear Reactor Regulation Dated at Rockville, Maryland this 20th day of May 2005