ML063450250
| ML063450250 | |
| Person / Time | |
|---|---|
| Site: | Palisades, Harris, Oyster Creek, South Texas, FitzPatrick |
| Issue date: | 12/19/2006 |
| From: | Boger B NRC/NRR/ADRO |
| To: | Reyes L NRC/EDO |
| Mensah T | |
| References | |
| G20000789, G20060369, G20060525, G20060793, G20060933 | |
| Download: ML063450250 (11) | |
Text
December 19, 2006 MEMORANDUM TO:
Luis A. Reyes Executive Director for Operations FROM:
Bruce A. Boger, Associate Director /RA/
for Operating Reactor Oversight and Licensing Office of Nuclear Reactor Regulation
SUBJECT:
NOVEMBER 2006 REPORT ON THE STATUS OF PUBLIC PETITIONS UNDER TITLE 10 OF THE CODE OF FEDERAL REGULATIONS, SECTION 2.206 The enclosed report gives the status of petitions submitted under Title 10 of the Code of Federal Regulations, Section 2.206. As of November 30, 2006, there were two open petitions that were accepted for review under the 2.206 process; one in the Office of Nuclear Reactor Regulation (NRR) and one in the Office of Nuclear Material Safety and Safeguards.
Information that has changed since the last monthly report is highlighted. provides a detailed status of the open petitions as of November 30, 2006. provides the status of incoming letters that the staff is reviewing to determine if they meet the criteria for review under the 2.206 process. shows the age statistics for the open 2.206 petitions as of November 30, 2006.
This report, Directors Decisions, and other 2.206-related documents are placed in the Agencywide Documents Access and Management System (ADAMS). By making these documents readily accessible to the public, the staff is addressing the performance goal of ensuring openness in our regulatory process.
Enclosures:
As stated CONTACT: Tanya M. Mensah, NRR 301-415-3610
December 19, 2006 MEMORANDUM TO:
Luis A. Reyes Executive Director for Operations FROM:
Bruce A. Boger, Associate Director /RA/
for Operating Reactor Oversight and Licensing Office of Nuclear Reactor Regulation
SUBJECT:
NOVEMBER 2006 REPORT ON THE STATUS OF PUBLIC PETITIONS UNDER TITLE 10 OF THE CODE OF FEDERAL REGULATIONS, SECTION 2.206 The enclosed report gives the status of petitions submitted under Title 10 of the Code of Federal Regulations, Section 2.206. As of November 30, 2006, there were two open petitions that were accepted for review under the 2.206 process; one in the Office of Nuclear Reactor Regulation (NRR) and one in the Office of Nuclear Material Safety and Safeguards.
Information that has changed since the last monthly report is highlighted. provides a detailed status of the open petitions as of November 30, 2006.
provides the status of incoming letters that the staff is reviewing to determine if they meet the criteria for review under the 2.206 process. shows the age statistics for the open 2.206 petitions as of November 30, 2006.
This report, Directors Decisions, and other 2.206-related documents are placed in the Agencywide Documents Access and Management System (ADAMS). By making these documents readily accessible to the public, the staff is addressing the performance goal of ensuring openness in our regulatory process.
Enclosures:
As stated CONTACT: Tanya M. Mensah, NRR 301-415-3610 DISTRIBUTION: See next page ADAMS Accession Number: ML063450250 OFFICE PM:PSPB LA:PSPB BC:PSPB DD:DPR ADRO NAME TMensah DBaxley SRosenberg HNieh BBoger DATE 12/18/06 12/18/06 12/19/06 12/19/06 12/19/06 OFFICIAL AGENCY RECORD
DISTRIBUTION FOR NOVEMBER 2006 REPORT ON THE STATUS OF PUBLIC PETITIONS UNDER TITLE 10 OF THE CODE OF FEDERAL REGULATIONS, SECTION 2.206 Date: December 19, 2006 PUBLIC PSPB Reading File RidsEdoMailCenter EJulian PAnderson RidsNrrOd RidsNrrAdro RidsOgcMailCenter RidsOcaMailCenter RidsOeMailCenter JStrosnider PGoldberg CAbrams GCaputo RidsNrrDpr RidsNrrDprPspb RidsNrrLADBaxley RidsNrrPMTMensah RidsOpaMailCenter RidsRgn1MailCenter RidsRgn2MailCenter RidsRgn3MailCenter RidsRgn4MailCenter
Status of Open Petitions Facility Petitioner/EDO No.
Page Palisades Nuclear Power Plant Terry Lodge, Counsel for Petitioners G20060369.........................................................1 South Texas Service Employees International Union G20060525.........................................................3
Report on Status of Public Petitions Under 10 CFR 2.206 Facility:
Palisades Nuclear Power Plant Petitioners:
Terry Lodge, Counsel for Petitioners Date of Petition:
April 4, 2006 Directors Decision to be Issued by:
G20060369 Proposed DD Issuance:
November 28, 2006 Final DD Issuance:
February 13, 2007 Last Contact with Petitioner:
December 1, 2006 Petition Manager:
Randy Hall Case Attorney:
Giovonna Longo Issues/Actions requested:
That the NRC condemn and force a halt to the use of the two concrete pads holding dry casks storing used nuclear fuel at the Palisades Nuclear Power Plant. The petitioners state that the pads, on which radioactive waste are stored, do not conform with longstanding NRC requirements for earthquake stability standards because they were built on compacted sand and other subsurface materials, dozens of feet above bedrock.
In particular, the petitioners claim that the pads are in violation of requirements in 10 CFR 72.212(b)(2)(i)(B).
Background:
The staff held a teleconference with the petitioners on April 26, 2006. The petitioners informed the staff that they would submit a supplement to the petition. The staff delayed making a decision on whether the petition met the criteria of 10 CFR 2.206 pending receipt of the supplement.
On May 4, 2006, the staff sent a letter to the petitioner, acknowledging receipt of the petition and providing a transcript of the teleconference. As of June 30, 2006, the petitioner had not provided a supplement to the petition.
On June 9, 2006, the staff sent a status letter to the petitioner, indicating that the staff will continue to process the petition in accordance with the 2.206 process.
On June 27, 2006, the staff sent a letter to the petitioner stating that the request to condemn and stop the use of the two ISFSI concrete pads does not require immediate action. The letter also stated that the petition was accepted for review under the 2.206 process in part, specifically with respect to slope stability of the concrete pad constructed in 2003. Those portions of the petition concerning the older concrete pad constructed in 1992 and soil liquefaction related to the newer pad were not accepted for review because those issues have already been the subject of NRC staff review and have been resolved.
On August 25, 2006, the staff attempted to reach the petitioner by phone and sent an email to provide a current status.
On October 31, 2006, the staff attempted to reach the petitioner by phone and sent an email to provide a current status.
On December 1, 2006, the NRC staff attempted to reach the petitioner by phone and sent an email transmitting the proposed Directors Decision for comment.
Current Status:
This issue was originally identified as an unresolved item in a previous NRC inspection report, and was forwarded to the Spent Fuel Project Office (SFPO) staff by Region III in a Technical Assistance Request (TAR) dated March 10, 2006. On August 29, 2006, SFPO sent a memorandum back to Region III identifying its remaining questions on the licensee's analysis, which Region III forwarded to the Palisades licensee.
The licensee revised its slope stability analysis for the new pad to address the NRC questions and that revised analysis was provided to NMSS for review on October 24, 2006. The staff has completed its review of the licensees revised slope stability analysis for the newer pad and finds it acceptable; therefore the NRC staff is proposing to deny the petition.
The NRC staff issued the proposed Directors Decision to the petitioner and to the licensee for comment on November 28, 2006. The NRC asked for comments to be submitted within 30 days of the proposed Directors Decision.
Facility:
South Texas Petitioners:
Service Employees International Union Date of Petition:
May 16, 2006, as supplemented June 26, 2006 Directors Decision to be Issued by:
G20060525 Proposed DD Issuance:
November 22, 2006 Final DD Issuance:
TBD Last Contact with Petitioner:
August 7, 2006 Petition Manager:
Mohan Thadani Case Attorney:
Giovonna Longo Issues/Actions requested:
That the NRC issue a Demand for Information that would require STPNOC to provide the NRC with copies of:
(1) any assessments of the safety conscious work environment at STP conducted since January 1, 2004, and (2) summaries of any associated action plans and the results of efforts to remediate problems revealed by these surveys and surveys in 2001 and 2003.
Background:
The NRC staff met with the petitioner on June 27, 2006. The petitioner discussed his concerns and requested actions, and provided a supplement to his petition.
The PRB determined that the petition meets the criteria for review under 10 CFR 2.206.
An acknowledgment letter was issued on July 28, 2006.
The petition manager spoke with the petitioner on August 7, 2006, for the purpose of post-Petition Review Board (PRB) feedback, and offered another opportunity to meet with the PRB. The petitioner said that he would call back.
The petitioner subsequently called back and indicated that he did not want another meeting with PRB. However, he reiterated that he would like the NRC to respond to his concerns about the licensees actions regarding the licensees findings and action plans relative to the 2001 and 2003 surveys.
Current Status:
Region IV staff has completed its inspections addressing the petitioners concerns. A report of the inspections was used to prepare the proposed Directors Decision. The Office of Enforcement will address the issues related to enforcement actions requested by the petitioner. The Proposed Directors Decision, issued on November 22, 2006, states that the NRC staff has access to all of the information requested by the petitioner.
Therefore, issuance of a DFI to the licensee is not warranted. The NRC staff requested that comments be submitted by December 21, 2006.
Status of Potential Petitions Under Consideration Facility:
James A. FitzPatrick Nuclear Power Plant Petitioner:
Citizens Awareness Network Date of Petition:
September 13, 2006 EDO Number:
G20060789 PRB meeting:
10/12/06 Issues/Actions requested:
That the NRC suspend the operating license for FitzPatrick and suspend the license renewal application until an investigation is completed into the potential chilled work atmosphere due to the licensee's firing of an employee for reporting safety concerns.
Current Status:
The petitioner was contacted by the petition manager on September 22, 2006, to determine if they desire to meet with the PRB. The staff held a teleconference with the petitioner on October 12, 2006. On October 23, 2006, the petitioner submitted a supplement to the petition. The PRB determined that this petition does not meet the criteria for consideration under 10 CFR 2.206. The NRC based its decision on the fact that:
The petitioner did not set forth facts sufficient to constitute a basis for suspending the FitzPatrick operating license.
The issues regarding potential discrimination are already the subject of ongoing NRC staff review and evaluation in the enforcement process.
The request to open NRC investigations of false testimony in a Department of Labor proceeding and of a chilled work environment at FitzPatrick, and to reopen the NRC investigation of potential discrimination, cannot be considered in the 10 CFR 2.206 process because such actions are not enforcement-related actions within the meaning of the regulation.
The request for reinstatement of a FitzPatrick employee is not a request for enforcement-related action within the meaning of 10 CFR 2.206, as NRC has no jurisdiction to provide personal remedies.
Facility:
Shearon Harris Petitioner:
John Runkle representing WARN, UCS, et.al.
Date of Petition:
September 20, 2006 EDO Number:
G20060793 PRB meeting:
11/13/06 Issues/Actions requested:
That the NRC suspend the operating license for Shearon Harris until all fire safety violations affecting safe shutdown functions are brought into compliance.
Current Status:
On October 23, 2006, the staff held a public meeting for the petitioners to address the PRB. Due to technical difficulties with the teleconferencing system, the meeting was cancelled. The NRC staff held a public meeting on November 13, 2006, for the petitioners to address the PRB. The PRB determined that the petition meets the criteria for review under 10 CFR 2.206. An acknowledgment letter was issued on December 4, 2006.
During the review of this petition, several resolutions were submitted by external stakeholders in support of the petition. The resolutions were submitted to the NRC in letters dated October 11, 2006 (G20060852), October 12, 2006 (G20060858) and October 16, 2006 (G20060861). The resolutions were submitted by the townships of Chapel Hill and Carrboro, and the Orange County Board of Commissioners respectively.
With regard to the resolutions concerning fire protection issues, the NRC reached agreements with the respective townships and the Orange County Board of Commissioners to include them on distribution for related NRC correspondence with the petitioners concerning their requests. This agreement is documented in individual letters dated November 17, 2006, from the NRC staff to the townships of Chapel Hill and Carrboro. The NRC documented its response to the Orange County Board of Commissioners in a letter dated November 27, 2006.
In addition, in its letter dated October 16, 2006, the Orange County Board of Commissioners submitted a resolution concerning emergency preparedness. In its response dated November 27, 2006, the NRC staff determined that there is reasonable assurance that adequate protective measures can and will be taken in the event of a radiological emergency associated with the Shearon Harris Nuclear Plant. The NRC staff recommended that the Orange County Board of Commissioners work through the appropriate State and local agencies to develop proposed changes to the existing plans.
Facility:
Oyster Creek Petitioner:
Richard Webster, Rutgers Environmental Law Clinic.
Date of Petition:
November 7, 2006 EDO Number:
G20060933 PRB meeting:
TBD Issues/Actions requested:
A written response from the NRC to address the material condition of the containment drywell shell at the Oyster Creek Nuclear Plant prior to its restart.
Current Status:
The NRC staff reviewed the concerns in the November 7, 2006, letter. In a letter dated November 9, 2006, the NRC staff responded that there is reasonable assurance that the containment drywall shell will be able to perform its design function. In addition, though not expressly stated, it appeared that the petitioner was asking the NRC to take action with respect to a licensed activity pursuant to 10 CFR 2.206. In its letter dated November 9, 2006, the NRC staff asked the petitioner to confirm if this was the intent of the November 7, 2006, letter. No response has been provided from the petitioner to the NRC.
AGE STATISTICS FOR AGENCY 2.206 PETITIONS Assigned Action Office FACILITY/
Petitioner Incoming petition PRB meeting1 Acknowledgment letter/days from incoming2 Proposed DD issuance Date/age3 Date for final DD/age4 Comments if not meeting the Agencys Completion Goals NMSS Palisades 04/04/06 04/26/06 06/27/06 84 11/30/06 11/28/06 118 TBD NRR South Texas 05/16/06 6/27/06 07/28/06 73 11/24/06 11/22/06 118 TBD 1)
Goal is to hold a PRB meeting, which the petitioner is invited to participate in, within 2 weeks of receipt of petition.
- 2)
Goal is to issue acknowledgment letter within 35 days of the date of incoming petition.
- 3)
Goal is to issue proposed DD within 120 days of the acknowledgment letter.
- 4)
Goal is to issue final DD within 45 days of the end of the comment period.