ML071290044
| ML071290044 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 05/10/2007 |
| From: | Jennifer Golder NRC/NRR/ADRA/DPR |
| To: | Tom Gurdziel - No Known Affiliation |
| Boska J, NRR, 301-415-2901 | |
| Shared Package | |
| ML071290052 | List: |
| References | |
| G20070250, TAC MD5251, TAC MD5252 | |
| Download: ML071290044 (6) | |
Text
May 10, 2007 Mr. Thomas Gurdziel 9 Twin Orchard Drive Oswego, NY 13126
Dear Mr. Gurdziel:
In an email addressed to the Office of Public Affairs at the Nuclear Regulatory Commission (NRC), dated April 14, 2007, you requested, pursuant to 10 CFR 2.206 of the NRC's regulations, that Indian Point Nuclear Generating Unit Nos. 2 and 3 (IP2 and IP3) be shut down on April 16, 2007, if they do not meet an April 15, 2007, deadline to install backup power for the Indian Point siren system. You also requested that the NRC take action to support its Confirmatory Order program if the Order deadline was not met. Your petition was referred to the Office of Nuclear Reactor Regulation (NRR).
On January 31, 2006, the NRC issued a Confirmatory Order Modifying License (Order) to Entergy Nuclear Operations, Inc. (Entergy or licensee) requiring the licensee to install backup power for the Indian Point siren system, as required by the Energy Policy Act of 2005, by January 30, 2007. On January 11, 2007, Entergy submitted a request to relax the Order, to extend the deadline to April 15, 2007. On January 23, 2007, the NRC approved Entergy's request after finding that Entergy had made a good faith effort to comply with the Order and had demonstrated good cause to relax the Order. On April 13, 2007, Entergy submitted a second request to relax the Order, to extend the deadline to August 31, 2007. On April 13, 2007, the NRC denied the relaxation request and stated that the NRC would consider action under the NRC's Enforcement Policy. On April 23, 2007, the NRC issued a Notice of Violation and Proposed Imposition of Civil Penalty for $130,000 (EA 07-092) to Entergy because of its failure to meet the April 15, 2007, deadline.
The NRR petition review board (PRB) has considered your petition request. The PRB made an initial determination that your April 14, 2007, petition request not be accepted for review as a petition pursuant to 10 CFR 2.206. The NRC staff informed you of this determination on May 9, 2007, at which time you indicated that you did not want to meet with the PRB on this matter.
The PRBs final determination is that your request not be accepted for review pursuant to 10 CFR 2.206.
Your request that the NRC take action to support its Confirmatory Order program because the April 15, 2007, deadline was not met is rejected for review as a Section 2.206 petition because the request was evaluated by the NRC staff and was resolved by the NRC's enforcement action of April 23, 2007.
Your request that IP2 and IP3 be shut down due to the failure to meet the Order deadline is not accepted for review as a Section 2.206 Petition because you have not provided facts sufficient to constitute a basis for the requested action. Specifically, you have provided no information to indicate that Entergy's failure to meet the Order by April 16, 2007, created adverse conditions which would warrant a plant shutdown. As the NRC noted in its April 13, 2007, letter to Entergy, the current siren system in service at Indian Point is capable of alerting the public of an event at the plant. NRC Region I will continue enhanced oversight of the existing system while the new system is completed. The NRC believes there is reasonable assurance that adequate
T. Gurdziel protective measures can and will be taken in the event of a radiological emergency in terms of alerting the public. Furthermore, you have provided no information to identify any violation of NRC requirements that would warrant a plant shutdown. As noted above, the NRC has already taken appropriate enforcement action for the licensees failure to meet the April 15, 2007, deadline.
Thank you for your interest in these matters.
Sincerely,
/RA/
Jennifer Golder, Deputy Director (Acting)
Division of Policy and Rulemaking Office of Nuclear Reactor Regulation Docket Nos. 50-247 and 50-286
Enclosure:
Email by Mr. Gurdziel dated April 14, 2007 cc w/encl: See next page
T. Gurdziel while the new system is completed. The NRC believes there is reasonable assurance that adequate protective measures can and will be taken in the event of a radiological emergency in terms of alerting the public. Furthermore, you have provided no information to identify any violation of NRC requirements that would warrant a plant shutdown. As noted above, the NRC has already taken appropriate enforcement action for the licensees failure to meet the April 15, 2007, deadline.
Thank you for your interest in these matters.
Sincerely,
/RA/
Jennifer Golder, Deputy Director (Acting)
Division of Policy and Rulemaking Office of Nuclear Reactor Regulation Docket Nos. 50-247 and 50-286
Enclosure:
Email by Mr. Gurdziel dated January 11, 2007 cc w/encl: See next page Package: ML071290052, Letter: ML071290044, Incoming/
Enclosure:
ML071070311 OFFICE LPL1-1/PM LPL1-1/LA LPL1-1/BC DD/DPR(A)
NAME JBoska SLittle MKowal JGolder DATE 5/10/07 5/10/07 5/10/07 5/10/07 Official Record Copy
LETTER TO MR. GURDZIEL DATED MAY 10, 2007 G20070250 PUBLIC LPL1-1 R/F RidsNrrDorl RidsNrrDorlLpl1-1 RidsNrrPMJBoska RidsNrrLASLittle RidsNrrWpcMail ECobey, RI GLongo, OGC JGolder RidsOGCMailCenter RidsEDOMailCenter RidsOpaMail RidsRgn1MailCenter RidsAcrsAcnwMailCenter cc: Plant Mailing list
Indian Point Nuclear Generating Unit Nos. 2 & 3 cc:
Mr. Gary J. Taylor Chief Executive Officer Entergy Operations, Inc.
1340 Echelon Parkway Jackson, MS 39213 Mr. John T. Herron Senior Vice President and Chief Operating Officer Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 Mr. Fred R. Dacimo Site Vice President Entergy Nuclear Operations, Inc.
Indian Point Energy Center 450 Broadway, GSB P.O. Box 249 Buchanan, NY 10511-0249 Mr. Paul Rubin General Manager, Plant Operations Entergy Nuclear Operations, Inc.
Indian Point Energy Center 450 Broadway P.O. Box 249 Buchanan, NY 10511-0249 Mr. Oscar Limpias Vice President Engineering Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 Mr. Christopher Schwarz Vice President, Operations Support Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 Mr. John F. McCann Director, Licensing 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. Columb Director of Oversight Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 Mr. James Comiotes Director, Nuclear Safety Assurance Entergy Nuclear Operations, Inc.
Indian Point Energy Center 450 Broadway, GSB P.O. Box 249 Buchanan, NY 10511-0249 Mr. Patric Conroy Manager, Licensing Entergy Nuclear Operations, Inc.
Indian Point Energy Center 450 Broadway, GSB P. O. Box 249 Buchanan, NY 10511-0249 Assistant General Counsel Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 Mr. Peter R. Smith, President New York State Energy, Research, and Development Authority 17 Columbia Circle Albany, NY 12203-6399 Mr. Paul Eddy New York State Department of Public Service 3 Empire State Plaza Albany, NY 12223
Indian Point Nuclear Generating Unit Nos. 2 & 3 cc:
Regional Administrator, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 Senior Resident Inspectors Office Indian Point 2 U. S. Nuclear Regulatory Commission P.O. Box 59 Buchanan, NY 10511 Senior Resident Inspectors Office Indian Point 3 U. S. Nuclear Regulatory Commission P.O. Box 59 Buchanan, NY 10511 Mr. Charles Donaldson, Esquire Assistant Attorney General New York Department of Law 120 Broadway New York, NY 10271 Mayor, Village of Buchanan 236 Tate Avenue Buchanan, NY 10511 Mr. Raymond L. Albanese Four County Coordinator 200 Bradhurst Avenue Unit 4 Westchester County Hawthorne, NY 10532 Mr. William DiProfio PWR SRC Consultant 139 Depot Road East Kingston, NH 03827 Mr. Garry Randolph PWR SRC Consultant 1750 Ben Franklin Drive, 7E Sarasota, FL 34236 Mr. William T. Russell PWR SRC Consultant 400 Plantation Lane Stevensville, MD 21666-3232 Mr. Jim Riccio Greenpeace 702 H Street, NW Suite 300 Washington, DC 20001 Mr. Phillip Musegaas Riverkeeper, Inc.
828 South Broadway Tarrytown, NY 10591 Mr. Mark Jacobs IPSEC 46 Highland Drive Garrison, NY 10524 Mr. Michael Kansler President Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601
The ENCLOSURE may be found in the Agencywide Documents Access and Management System(ADAMS) under ADAMS Accession No.: ML071070311