ML071500446
| ML071500446 | |
| Person / Time | |
|---|---|
| Site: | Harris  |
| Issue date: | 06/13/2007 |
| From: | Wiggins J Office of Nuclear Reactor Regulation |
| To: | Runkle J - No Known Affiliation |
| REGNER, L M, DORL/LPL2-2, 415-1906 | |
| Shared Package | |
| ML071490145 | List: |
| References | |
| DD-07-03, G20060793, TAC MD3039 | |
| Download: ML071500446 (6) | |
Text
June 13, 2007 Mr. John D. Runkle Attorney at Law P.O. Box 3793 Chapel Hill, NC 27515
Dear Mr. Runkle:
This letter responds to your petition pursuant to Section 2.206 of Title 10 of the Code of Federal Regulations (10 CFR) dated September 20, 2006, and addressed to Mr. Luis A. Reyes, Executive Director for Operations at the Nuclear Regulatory Commission (NRC), which was filed on behalf of numerous petitioners. In the petition, you requested that the NRC immediately issue an order revoking the Shearon Harris Nuclear Power Plant (SHNPP) operating license until it is in compliance with fire safety regulations. You submitted documents dated September 21, October 30, and November 29, 2006, and February 8, 2007, and these have become supplements to the petition.
You met with our Petition Review Board (PRB) on November 13, 2006, in a public meeting at NRC Headquarters to present additional information concerning your petition. Information submitted on October 23, 2006, and November 13, 2006, as well as the transcript of the meeting have become supplements to the petition. All publicly available documents related to this petition are available in the NRCs Agencywide Documents Access and Management System (ADAMS).
On December 4, 2006, the NRC staff acknowledged receiving your petition and stated pursuant to 10 CFR 2.206 that your petition was being referred to me for action and that it would be acted upon within a reasonable time. You were also told that the PRB denied your request for immediate action based on the staffs determination that there was no immediate threat to public health and safety. You were notified of this by phone on October 17, 2006.
The NRC staff sent a copy of the proposed Directors Decision to you and to the Carolina Power & Light Company, the Licensee for SHNPP, for comment by separate letters dated April 2, 2007. You provided comments in a letter dated May 1, 2007, and these comments are addressed in Enclosure 3, NRC Response to Comments on the Proposed Directors Decision, and in Enclosure 1, Directors Decision Under 10 C.F.R. 2.206." The comments did not change the conclusion of the proposed Directors Decision.
The Directors Decision denies the Petitioners requests due to the NRC staffs determination that SHNPP is safe to continue operation. This determination is based on the availability of several levels of defense-in-depth in fire protection and the Licensees efforts to transition to the new risk-informed, performance-based standards in 10 CFR 50.48(c). The Licensee is actively identifying and completing corrective actions, including plant modifications and reanalysis efforts associated with the new standards, and has in place compensatory measures to account for existing noncompliances. The Licensee has been granted enforcement discretion under the NRCs Interim Enforcement Policy Regarding Enforcement Discretion for Certain Fire
J. Runkle Protection Issues (10 CFR 50.48(c)). The NRC has followed and continues to follow existing regulatory processes, policies and programs to verify that the Licensee is properly implementing its fire protection program at SHNPP in accordance with the regulation.
A copy of the Directors Decision (DD-07-03) will be filed with the Secretary of the Commission for the Commission to review in accordance with 10 CFR 2.206(c). As provided for by this regulation, the decision will constitute the final action of the Commission 25 days after the date of the decision unless the Commission, on its own motion, institutes a review of the decision within that time. The documents cited in the enclosed decision are available at the Commissions Public Document Room, located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland, or electronically from the ADAMS Public Electronic Reading Room on the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.
I have also enclosed a copy of the Notice of Issuance of Directors Decision Under 10 CFR 2.206 that has been filed with the Office of the Federal Register for publication.
Please feel free to contact Ms. Lisa Regner, Petition Manager, at 301-415-1906 to discuss any questions related to this petition.
Sincerely,
/RA/
James T. Wiggins, Acting Director Office of Nuclear Reactor Regulation
Enclosures:
- 1. Directors Decision 07-03
- 2. Federal Register Notice
- 3. NRC Response to Comments on the Proposed Directors Decision cc: See next page
ML071500446 Package: ML071490145 Incoming: ML062640550, ML062830089, ML062980107, ML063200168, ML063450098, and ML070510497 Final Directors Decision: ML071500403 Federal Register Notice: ML071490151 Staffs Response: ML071500349 OFFICE LPL2-2/PM LPL2-2/PM LPL2-2/LA Tech Editor LPL2-2/BC NAME LRegner SBailey CSola CBladey per email TBoyce DATE 06/07/07 06/07/07 06/07/07 06/05/07 06/07/07 OFFICE OE DRA/D DORL/D NRR/D(A)
NAME CCarpenter CHolden TMcGinty for JWiggins CHaney DATE 06/07/07 06/07/07 06/11/07 06/13/07 DISTRIBUTION FOR LETTER TO JOHN D. RUNKLE RE: DIRECTORS DECISION CONCERNING 10 CFR 2.206 PETITION Dated:
DISTRIBUTION: G20060793 PUBLIC LPL2-2 Reading RidsEdoMailCenter RidsNrrOd RidsNrrAdro RidsNrrDorl RidsNrrDra RidsOeMailCenter RidsOpaMail RidsOcaMailCenter RidsOcaaMailCenter RidsAcrsAcnwMailCenter RidsAslpbDocket RidsNrrWpcMail RidsNrrLACSola RidsNrrPMLRegner RidsNrrPMSBailey RidsOgcRp HChang, ADM EJulian, SECY TMensah, NRR NRRWebServices RidsRgn2MailCenter
Carolina Power & Light Company Shearon Harris Nuclear Power Plant Unit 1 cc:
Mr. Robert J. Duncan II, Vice President Mr. Chris L. Burton Shearon Harris Nuclear Power Plant Director of Site Operations Carolina Power & Light Company Shearon Harris Nuclear Power Plant Post Office Box 165, Mail Code: Zone 1 Carolina Power & Light Company New Hill, North Carolina 27562-0165 Post Office Box 165, Mail Zone 1 New Hill, North Carolina 27562-0165 David T. Conley Associate General Counsel II - Mr. Robert P. Gruber Legal Department Executive Director Progress Energy Service Company, LLC Public Staff NCUC Post Office Box 1551 4326 Mail Service Center Raleigh, North Carolina 27602-1551 Raleigh, North Carolina 27699-4326 Resident Inspector/ Harris NPS Chairman of the North Carolina c/o U. S. Nuclear Regulatory Commission Utilities Commission 5421 Shearon Harris Road Post Office Box 29510 New Hill, North Carolina 27562-9998 Raleigh, North Carolina 27626-0510 Ms. Margaret A. Force Mr. Tony Gurley, Chair Assistant Attorney General Board of County Commissioners State of North Carolina of Wake County Post Office Box 629 P. O. Box 550 Raleigh, North Carolina 27602 Raleigh, North Carolina 27602 Public Service Commission Mr. Tommy Emerson, Chair State of South Carolina Board of County Commissioners Post Office Drawer 11649 of Chatham County Columbia, South Carolina 29211 P. O. Box 87 Pittsboro, North Carolina 27312 Ms. Beverly Hall, Section Chief Division of Radiation Protection Mr. Thomas J. Natale, Manager N.C. Department of Environment Support Services and Natural Resources Shearon Harris Nuclear Power Plant 3825 Barrett Drive Carolina Power & Light Company Raleigh, North Carolina 27609-7721 P. O. Box 165, Mail Zone 1 New Hill, North Carolina 27562-0165 Mr. J. Paul Fulford Manager Mr. David H. Corlett, Supervisor Performance Evaluation and Licensing/Regulatory Programs Regulatory Affairs PEB 5 Shearon Harris Nuclear Power Plant Carolina Power & Light Company Carolina Power & Light Company Post Office Box 1551 P. O. Box 165, Mail Zone 1 Raleigh, North Carolina 27602-1551 New Hill, NC 27562-0165 Mr. Eric McCartney Mr. John H. ONeill, Jr.
Plant General Manager Shaw, Pittman, Potts & Trowbridge Shearon Harris Nuclear Power Plant 2300 N Street, NW.
Carolina Power & Light Company Washington, DC 20037-1128 P. O. Box 165, Mail Zone 3 New Hill, North Carolina 27562-0165
Mr. David Lochbaum Nuclear Safety Engineer Union of Concerned Scientists 1707 H Street, NW., Suite 600 Washington, D.C. 20006-3919 Mr. James Warren N.C. Waste Awareness & Reduction Network P.O. Box 61051 Durham, NC 27715-1051 Mr. Paul Gunter Nuclear Info & Resource Services 6930 Carroll Ave., Suite 340 Takoma Park, MD 20912 NC Fair Share 3824 Barrett Dr., Suite 312 Raleigh, NC 27609 Students United for a Responsible Global Environment P.O. Box 1188 Chapel Hill, NC 27514 Ms. Sabrina M. Oliver Town of Chapel Hill 405 Martin Luther King, Jr. Blvd.
Chapel Hill, NC 27514-5705 Mr. Mark Chilton, Mayor Town of Carrboro 301 W. Main St.
Carrboro, NC 27510 Ms. Donna S. Baker Orange County Board of Commissioners P.O. Box 8181 200 South Cameron Street Hillsborough, NC 27278