ML071280332

From kanterella
Jump to navigation Jump to search
April 2007 Report on the Status of Public Petitions Under Title 10 of the Code of Federal Regulations (10 Cfr), Section 2.206
ML071280332
Person / Time
Site: Davis Besse, Indian Point, Harris  Entergy icon.png
Issue date: 05/18/2007
From: Boger B
NRC/NRR/ADRO
To: Reyes L
NRC/EDO
Mensah T
References
2.206, FOIA/PA-2007-0299, G20060793, G20070006, G20070250, G20070273, G20070297, SECY-93-355
Download: ML071280332 (10)


Text

May 18, 2007 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:

APRIL 2007 REPORT ON THE STATUS OF PUBLIC PETITIONS UNDER TITLE 10 OF THE CODE OF FEDERAL REGULATIONS (10 CFR), SECTION 2.206 In accordance with SECY-93-355, Review of Regulations and Practice Governing Citizen Petitions Under Title 10 of the Code of Federal Regulations, Section 2.206, the enclosed report gives the status of petitions submitted under 10 CFR 2.206. As of April 30, 2007, there was one open petition that was accepted for review under the 2.206 process in the Office of Nuclear Reactor Regulation. Information that has changed since the last monthly report is highlighted. provides a detailed status of the open petitions as of April 30, 2007. provides the status of incoming letters that the U.S. Nuclear Regulatory Commission (NRC) 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 April 30, 2007.

This report, Directors Decisions, and other 2.206-related documents are placed in the Agencywide Documents Access and Management System. By making these documents readily accessible to the public, the NRC staff is addressing the performance goal of ensuring openness in our regulatory process.

Enclosures:

As stated CONTACT: Tanya M. Mensah, NRR/DPR 301-415-3610

May 18, 2007 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:

APRIL 2007 REPORT ON THE STATUS OF PUBLIC PETITIONS UNDER TITLE 10 OF THE CODE OF FEDERAL REGULATIONS (10 CFR), SECTION 2.206 In accordance with SECY-93-355, Review of Regulations and Practice Governing Citizen Petitions Under Title 10 of the Code of Federal Regulations, Section 2.206, the enclosed report gives the status of petitions submitted under 10 CFR 2.206. As of April 30, 2007, there was one open petition that was accepted for review under the 2.206 process in the Office of Nuclear Reactor Regulation. Information that has changed since the last monthly report is highlighted. provides a detailed status of the open petitions as of April 30, 2007. provides the status of incoming letters that the U.S. Nuclear Regulatory Commission (NRC) 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 April 30, 2007.

This report, Directors Decisions, and other 2.206-related documents are placed in the Agencywide Documents Access and Management System. By making these documents readily accessible to the public, the NRC staff is addressing the performance goal of ensuring openness in our regulatory process.

Enclosures:

As stated CONTACT: Tanya M. Mensah, NRR/DPR 301-415-3610 DISTRIBUTION: See next page ADAMS Accession Number: ML071280332 NRR-106 OFFICE PM:PSPB LA:PSPB BC:PSPB (A)DD:DPR ADRO NAME TMensah DBaxley SRosenberg JGolder BBoger DATE 5 / 14 / 07 5 / 14 / 07 5 / 15 / 07 5 / 15 / 07 5 / 18 / 07 OFFICIAL AGENCY RECORD

DISTRIBUTION FOR APRIL 2007 REPORT ON THE STATUS OF PUBLIC PETITIONS UNDER TITLE 10 OF THE CODE OF FEDERAL REGULATIONS, SECTION 2.206 Date: May 18, 2007 PUBLIC PSPB Reading File RidsEdoMailCenter EJulian PAnderson RidsNrrOd RidsNrrAdro RidsOgcMailCenter RidsOpaMail RidsOcaMailCenter RidsOeMailCenter RidsNrrWpcMail JDeCicco PRathbun GCaputo HCruz RGibbs TWengert RidsNrrDpr RidsNrrDprPspb RidsNrrLADBaxley RidsNrrPMTMensah RidsRgn1MailCenter RidsRgn2MailCenter RidsRgn3MailCenter RidsRgn4MailCenter

Status of Open Petitions Facility Petitioner/EDO No. Page Shearon Harris John Runkle representing Waste Awareness and Reduction Network (WARN), Union of Concerned Scientists (UCS), et al.

G20060793..................................................................1 ENCLOSURE 1

Report on Status of Public Petitions Under 10 CFR 2.206 Facility: Shearon Harris Petitioners: John Runkle representing WARN, UCS, et al.

Date of Petition: September 20, 2006 Directors Decision to be Issued by: NRR EDO Number: G20060793 Proposed DD Issuance: April 2, 2007 Final DD Issuance: June 15, 2007 Last Contact with Petitioner: April 3, 2007 Petition Manager: Lisa Regner Case Attorney: Giovonna Longo 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.

Background:

On October 23, 2006, the NRC staff held a public meeting for the petitioners to address the Petition Review Board (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 met 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.

Regarding 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 letters dated November 27, 2006, and December 27, 2006.

In addition, in its letters dated October 16, 2006, and November 27, 2006, the Orange County Board of Commissioners submitted a resolution concerning emergency preparedness. In its response dated November 27, 2006, and December 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.

Current Status:

The NRC staff has completed its review and is proposing to deny the portions of the petition related to the petitioners request for enforcement action, the request to conduct a public meeting, and the request to deny the licensees application for license renewal at Shearon Harris. On April 2, 2007, the NRC staff issued the Proposed Directors Decision to the petitioner and to the licensee for comment. The NRC staff asked for comments to be submitted within 30 days of the proposed Directors Decision. On May 1, 2007, the petitioner and the licensee submitted comments on the Proposed Directors Decision to the NRC staff. The 30-day comment period ended on May 3, 2007. The NRC staff is currently reviewing the petitioners comments and is on schedule to issue the Final Directors Decision by June 15, 2007.

Status of Potential Petitions Under Consideration Facility: N/A Petitioner: James Salsman Date of Petition: December 2, 2006, and email supplement dated December 2, 2006 EDO Number: G20070006 PRB meeting: March 13, 2007 (teleconference with petitioner)

April 4, 2007 (closed meeting)

April 18, 2007 (teleconference with petitioner)

April 18, 2007 (closed meeting)

Issues/Actions requested:

The petitioner requests that all uranium munition licenses be explicitly modified to require:

  • A good faith effort to quantify dates, times, locations, quantities, and types of pyrophoric uranium munition use, with an estimation of the kinds of targets involved.
  • The licensees to determine the amount of uranyl oxide gas produced in pyrophoric uranium munitions combustion in air under typical and observed conditions.
  • The licensees to determine the extent of both reproductive and developmental toxicity from typical uranium combustion product inhalation in at least five diverse species of mammals using chromosomal aberration analysis of lymphocytes and gonocytes.
  • The licensees to publish their estimates and determinations from the license modifications specified in the three actions above, provide independent verification of the studies via anonymous bidding on contracts for replication and auditing of data, and publication of initial and validating studies in peer-reviewed medical and scientific journals.

Current Status:

The NRC staff made initial contact with the petitioner on January 18, 2007, to discuss the 2.206 petition process. The petitioner desired to address the PRB by teleconference. On March 13, 2007, the PRB held a teleconference with the petitioner.

On April 4, 2007, the PRB held a closed meeting to formulate preliminary recommendations in response to the petitioners request. The petitioner was informed of the PRB recommendations on April 12, 2007. On April 18, 2007, another teleconference was held with the petitioner, for the petitioner to comment on the PRB recommendations. The NRC staff is currently preparing a response to the petitioner on the final PRB recommendations.

ENCLOSURE 2

Facility: Indian Point, Units 2 and 3 Petitioner: Tom Gurdziel Date of Petition: April 14, 2007 EDO Number: G20070250 PRB meeting: TBD Issues/Actions requested:

The petitioner requests that:

  • Effective noon of April 16, 2007, the NRC should set the maximum power of each licensed reactor of each Entergy/Indian Point reactor to zero until Entergy can demonstrate that the fully tested, operational, new siren system is working.
  • The NRC take action to enforce its Order to Indian Point to install backup power to the Indian Point siren system by April 13, 2007.

Current Status:

On April 14, 2007, the petitioner submitted an email to the NRC requesting the actions listed above under Issues/Actions requested. The NRC staff is reviewing the petition to determine if it meets the criteria for review under 10 CFR 2.206.

Facility: Indian Point, Units 2 and 3 Petitioner: Mark Leyse Date of Petition: April 25, 2007 EDO Number: G20070273 PRB meeting: TBD Issues/Actions requested:

The petitioner requests that the NRC:

  • Revoke the operating license of Indian Point (IP), Units 2 and 3.
  • Order the licensee of IP, Units 2 and 3, to immediately suspend operation of IP, Units 2 and 3.
  • Temporarily shutdown IP, Units 2 and 3. In the event of Option 3, the petitioner requests that the NRC order the licensee to correct the current deficiencies of the emergency core cooling system (ECCS) design basis and reconfigure the power production levels of both plants, making IP, Units 2 and 3, compliant with 10 CFR 50.46(b).
  • In the event of a license renewal process, conduct reviews for the license renewal of IP, Units 2 and 3, that encompass conservative ECCS evaluation calculations, modeling scenarios where one-cycle fuel would have been heavily crudded and/or oxidized fuel rods would have crud-induced corrosion failures.

Current Status:

On April 25, 2007, the petitioner filed a petition for an enforcement action pursuant to 10 CFR 2.206. The NRC staff is reviewing the petition to determine if it meets the criteria for review under 10 CFR 2.206.

Facility: Davis-Besse Petitioner: Union of Concerned Scientists (David A. Lochbaum)

Date of Petition: April 30, 2007 EDO Number: G20070297 PRB meeting: TBD Issues/Actions requested:

FirstEnergy Nuclear Operating Company (FENOC), the licensee for the Davis-Besse Nuclear Power Plant (Davis-Besse), recently submitted a report to the NRC about the hole in the reactor vessel head caused by leakage from cracked control rod drive mechanism (CRDM) nozzles. Consultants paid by FENOC prepared this report located under Agencywide Documents Access and Management System Accession No. ML070860211. The petitioner requests that the NRC:

1. Immediately Order the Davis-Besse reactor to shut down and remain shut down until the NRC completes its independent review of the recently submitted report.
2. If the NRCs independent review determines that the small leak and fast corrosion rate scenario described in the FENOC-submitted report is valid, immediately Order all pressurized water reactors in the United States to be shut down and remain shut down until the NRC approved either:

A. An inspection scope and frequency based on the new scenario that provides protection against the Davis-Besse head damage or, B. An installed leak detection capability that would alert control room operators to small leakage from one or more CRDM nozzles so that repairs could occur prior to damage progressing to Davis-Besse depths.

3. If the NRCs independent review determines that FENOC has submitted yet another inaccurate report to the NRC, revoke the operating license for Davis-Besse.

Current Status:

The NRC staff is reviewing the petition to determine if it meets the criteria for review under 10 CFR 2.206.

AGE STATISTICS FOR AGENCY 2.206 PETITIONS Assigned FACILITY/ Incoming PRB Acknowledgment Proposed DD Date for Comments if not meeting the Agencys Petitioner petition meeting1 letter/days from issuance final Completion Goals Action incoming2 Date/age3 DD/age4 Office NRR Shearon Harris 09/20/06 11/13/06 12/04/06 04/02/07 TBD 75 119

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.

ENCLOSURE 3