ML062060297

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G20060525 - Glenn Adler Ltr. South Texas Project, Units 1 and 2 2.206 Petition
ML062060297
Person / Time
Site: South Texas  STP Nuclear Operating Company icon.png
Issue date: 07/26/2006
From: Dyer J
Office of Nuclear Reactor Regulation
To: Adler G
Service Employees International Union
Thadani M, NRR/DORL, 415-1476
References
2.206, G20060525, TAC MD2157, TAC MD2158
Download: ML062060297 (5)


Text

July 26, 2006 Glenn Adler Senior Research Analyst Service Employees International Union ClC 1313 L Street, NW.

Washington, DC 20005

Dear Mr. Adler:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your petition dated May 16, 2006, and supplement dated June 26, 2006, addressed to Mr. Luis A. Reyes, Executive Director for Operations. Pursuant to Section 2.206 of Title 10 of the Code of Federal Regulations (10 CFR) of the Commissions regulations, your request was referred to me.

I would like to express my appreciation for your effort in bringing these matters to the attention of the NRC.

You request that the NRC take enforcement action in the form of a Demand for Information that would require STP Nuclear Operating Company (STPNOC), the licensee for the South Texas Project Electric Generating Station (STP), to provide the NRC with docketed copies of the following:

any assessments of the safety conscious work environment (SCWE) at STP conducted since January 1, 2004; summaries of any associated action plans and the results of any efforts to remedy problems revealed by these surveys, including the following documents mentioned at an August 2005 meeting, apparently convened to discuss the plants SCWE, a [strengths, weaknesses, opportunities, and threats] SWOT analysis to assess the issues and actions required and follow-up on these actions to improve station alignment, an outsourcing lessons learned, and an evaluation of information technology, supply chain, technical training, and Wackenhut; to assess the issues and recommended actions; summaries of any associated action plans and the results of efforts to remedy problems revealed by such surveys in 2001 and 2003; and all correspondence between the NRC, STPNOC, and Wackenhut Corporation concerning the 2001, 2003, and 2005 Comprehensive Cultural Assessments (CCAs).

In 1998, the NRC found that STP had violated Federal law by subjecting four employees to a hostile work environment after the employees raised safety concerns. As a basis for your request, you note that the NRC issued an order requiring STP to hire an independent survey to

G. Adler conduct periodic CCAs. The licensee hired Synergy Consulting Services Corporation. The Wackenhut Corporation took over security at STP in July 2001, after winning a 3-year contract for security, with an option for 2 additional years. You further note that in the 2001 and 2003 CCAs, Wackenhut scored poorly on independent surveys assessing the STPNOCs nuclear safety culture, safety conscious work environment, general culture and work environment, leadership, management, and supervisory skills and practices. You state that the STPNOCs performance deteriorated below its baseline 2001 performance and that Wackenhut continued this poor performance as indicated in the 2005 CCA. You further state that STPNOCs action plans apparently were not successful with respect to Wackenhut and other entities and that the NRC must scrutinize the steps taken by STPNOC to rectify problems identified in the 2001, 2003, and 2005 CCAs. You hold that by obtaining the documents you identified the NRC will be better informed about improvement in the licensees SCWE at STPNOC. In addition, you conclude that the NRC will be better able to assess the effectiveness of previous steps taken with Wackenhut and other entities for whom problems persisted, despite repeated efforts to remedy them.

You discussed your petition with the Office of Nuclear Reactor Regulations (NRRs) petition review board (PRB) on June 27, 2006. At that meeting, you submitted your supplemental petition dated June 26, 2006. The PRB considered the results of that discussion and the supplemental petition. Based on those considerations, the PRB has granted your request for consideration of your 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 Mohan Thadani to be your petition manager. Mr. Thadani can be reached at (301) 415-1476. NRRs Division of Operating Reactor Licensing is reviewing your petition. In addition, I have referred the allegation of the NRC wrongdoing implied in your petition to the NRCs Office of the Inspector General (OIG). I have enclosed a copy of the notice that the NRC is filing with the Office of the Federal Register for publication. As stated above, I have also enclosed a copy of MD 8.11, Review Process for 10 CFR 2.206 Petitions, and the associated brochure NUREG/BR-0200, Public Petition Process, prepared by the NRCs Office of Public Affairs.

Sincerely,

/RA/

J. E. Dyer, Director Office of Nuclear Reactor Regulation Docket Nos. 50-498 and 50-499

Enclosures:

1. Federal Register Notice
2. Management Directive 8.11
3. NUREG/BR-0200 cc w/encls: See next page.

G. Adler conduct periodic CCAs. The licensee hired Synergy Consulting Services Corporation. The Wackenhut Corporation took over security at STP in July 2001, after winning a 3-year contract for security, with an option for 2 additional years. You further note that in the 2001 and 2003 CCAs, Wackenhut scored poorly on independent surveys assessing the STPNOCs nuclear safety culture, safety conscious work environment, general culture and work environment, leadership, management, and supervisory skills and practices. You state that the STPNOCs performance deteriorated below its baseline 2001 performance and that Wackenhut continued this poor performance as indicated in the 2005 CCA. You further state that STPNOCs action plans apparently were not successful with respect to Wackenhut and other entities and that the NRC must scrutinize the steps taken by STPNOC to rectify problems identified in the 2001, 2003, and 2005 CCAs. You hold that by obtaining the documents you identified the NRC will be better informed about improvement in the licensees SCWE at STPNOC. In addition, you conclude that the NRC will be better able to assess the effectiveness of previous steps taken with Wackenhut and other entities for whom problems persisted, despite repeated efforts to remedy them.

You discussed your petition with the Office of Nuclear Reactor Regulations (NRRs) petition review board (PRB) on June 27, 2006. At that meeting, you submitted your supplemental petition dated June 26, 2006. The PRB considered the results of that discussion and the supplemental petition. Based on those considerations, the PRB has granted your request for consideration of your 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 Mohan Thadani to be your petition manager. Mr. Thadani can be reached at (301) 415-1476. NRRs Division of Operating Reactor Licensing is reviewing your petition. In addition, I have referred the allegation of the NRC wrongdoing implied in your petition to the NRCs Office of the Inspector General (OIG). I have enclosed a copy of the notice that the NRC is filing with the Office of the Federal Register for publication. As stated above, I have also enclosed a copy of MD 8.11, Review Process for 10 CFR 2.206 Petitions, and the associated brochure NUREG/BR-0200, Public Petition Process, prepared by the NRCs Office of Public Affairs.

Sincerely,

/RA/

J. E. Dyer, Director Office of Nuclear Reactor Regulation Docket Nos. 50-498 and 50-499

Enclosures:

1. Federal Register Notice
2. Management Directive 8.11
3. NUREG/BR-0200 cc w/encls: See next page DISTRIBUTION: G20060525 PUBLIC LPLIV Reading RidsNrrWpcMail RidsEdoMailCenter RidsNrrOd RidsOpaMail RidsNrrAdro RidsNrrDorl RidsOpaMailCenter RidsNrrDorlLpl4 RidsNrrPMMThadani RidsNrrLALFeizollahi RidsOGCMailCenter RidsRgn4MailCenter (CJohnson)

Package: ML062060453

Enclosures:

ML062060430, ML041770328, and ML050900248 Incoming: ML061460041 ADAMS Accession No. ML062060297 OFFICE NRR/LPL4/PM NRR/LPL4/LA Tech Editor OGC NRR/LPL4/BC NAME MThadani LFeizollahi HChang GLongo DTerao DATE 07/25/06 07/24/06 7/24/06 07/24/06 07/25/06 OFFICE DPR/DD NRR/DORL/D NRR/D NAME HNieh CHaney CHolden for JDyer DATE 7/25/06 07/25/06 07/26/06

South Texas Project, Units 1 and 2 cc:

Senior Resident Inspector U.S. Nuclear Regulatory Commission P.O. Box 910 Bay City, TX 77414 C. Kirksey/C.M. Canady City of Austin Electric Utility Department 721 Barton Springs Road Austin, TX 78704 Mr. J.J. Nesrsta Mr. R.K. Temple City Public Service Board P.O. Box 1771 San Antonio, TX 78296 INPO Records Center 700 Galleria Parkway Atlanta, GA 30339-3064 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011 Steve Winn Texas Genco, LP 12301 Kurland Drive Houston, TX 77034 Judge, Matagorda County Matagorda County Courthouse 1700 Seventh Street Bay City, TX 77414 A.H. Gutterman, Esq.

Morgan, Lewis & Bockius 1111 Pennsylvania Avenue, NW.

Washington, DC 20004 E.D. Halpin Site Vice President/

Plant General Manager STP Nuclear Operating Company P.O. Box 289 Wadsworth, TX 77483 S.M. Head, Manager, Licensing STP Nuclear Operating Company P.O. Box 289, Mail Code: N5014 Wadsworth, TX 77483 Environmental and Natural Resources Policy Director P.O. Box 12428 Austin, TX 78711-3189 Jon C. Wood Cox, Smith, & Matthews 112 East Pecan, Suite 1800 San Antonio, TX 78205 Director Division of Compliance and Inspection Bureau of Radiation Control Texas Department of State Health Services 1100 West 49th Street Austin, TX 78756 Brian Almon Public Utility Commission William B. Travis Building P.O. Box 13326 1701 North Congress Avenue Austin, TX 78701-3326 Susan M. Jablonski Office of Permitting, Remediation and Registration Texas Commission on Environmental Quality MC-122 P.O. Box 13087 Austin, TX 78711-3087

South Texas Project, Units 1 and 2 Mr. Terry Parks, Chief Inspector Texas Department of Licensing and Regulation Boiler Division P.O. Box 12157 Austin, TX 78711 Mr. Ted Enos 4200 South Hulen Suite 630 Ft. Worth, TX 76109 Mr. James J. Sheppard President and Chief Executive Officer STP Nuclear Operating Company South Texas Project Electric Generating Station P.O. Box 289 Wadsworth, TX 77483