ML072080464
| ML072080464 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 07/25/2007 |
| From: | Musegaas P Riverkeeper |
| To: | Annette Vietti-Cook NRC/SECY |
| References | |
| ASLBP 06-849-03-LR, LBP-06-20, LTR-07-0498 | |
| Download: ML072080464 (6) | |
Text
OFFICE OF THE SECRETARY CORRESPONDENCE CONTROL TICKET Date Printed: Jul 27, 2007 08:44 PAPER NUMBER:
ACTION OFFICE:
LTR-07-0498 SECY LOGGING DATE: 07/26/2007 AUTHOR:
AFFILIATION:
ADDRESSEE:
SUBJECT:
ACTION:
DISTRIBUTION:
LETTER DATE:
ACKNOWLEDGED SPECIAL HANDLING:
Phillip Musegaas (Riverkeepers)
NY Mrs. Annette Vietti-Cook Concerns improper withholding of public documents Direct Reply RF 07/25/2007 No Immediate release to the public via SECY/DPC NOTES:
FILE LOCATION:
ADAMS DATE DUE:
DATE SIGNED:
RIVERKEEPEp July 25, 2007 Office of the Secretary Annette L. Vietti-Cook, Secretary U.S. Nuclear Regulatory Commission One White Flint North 11555 Rockville Pike R~ockville, Maryland 20852-2738 VIA FACSIMILE AND ELECTRONIC MAIL Re, Improper Withholding of Public Documents On behalf of Riv6rkeeper and the general public; I am hereby requesting immediate public access to the following document:
- Public Meeting,*"Briefing on Status of Issues and Approach to GElS Rulemaking for Pari 51," (Feb. 1 9, 1993) ADAMS Accession No. ML051660665. Cited as such in the Atomic Safety and Licensing Board decision In the Matter of Entergy Nuclear Vermop't Yankee, LLC, and Entergy Nuelear Operations, Inc. (Vermont Yankee Nuclear Power Station), 2006 NRC LEXIS 201, at 48, LBP-06-20, Docket No. 50-271 -',
LR, ASLBP No. 06-849-03-LR (Sept. 22, 2006).
Riverkeeper is currently preparing to intervene in the relicensing process for the Indian Point'nuclear: facility located in Buchanan, New York. As part of our preparation,, we are reviewing recent Nuclear, Regulatory, Comrniission ("NRC") adjudicatory decisions in license renewal proceedings. While reviewing the Vermont Yankee Atomic Safety arid, Licensing Board ("ASLB") decision referenced above, Riverkeeper staff noted the ASLB, relied heavily upon the above referenced public meeting transcript in forming the basis for its legal opinion regarding the'Massachusetts Attorney General's contention concerning spent fuel pool fire risks." The Vermont Yankee decision is critically important to all nuclear facility relicensjng prqceedings, as it concerns the interpretation of a regulation regarding the ability of members of the public to raise contentions on generically determined, yet at times incredibly significant, safety and environental issues. Because the Vermont Yankee ASLB decision effectively prohibits the public from raising concerns regarding spent fu*elstorage in an intervention petition, public access to the documents uponf which th6 ASLB3Irelied in that decision is essential for any private citizen or public interest organization preparing to challenge the relicensing of a nuclear facility.
When Riverkeeper staff observed that much of the ASLB Vermont Yankee decision was based on the public meeting transcript, we immediately searched 'the online ADAMS, database using the accession number provided in the opinion and referenced above.
When the ADAMS search failed to produce the document, we promptly called the NRC Public Document Room ("PDR"). To our confusion and surprise, we were informed by PDR employee Marcia that the transcript of this public meeting was non-publicly available. This bears repeating:. the transcript of apublic meeting is-apparently not
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available to the public. The PDR has no information regarding' the reasoning behind this dodument's "sensitive" status. We were not even able toobtain information concerning when it became unavailable, or if it'has in fact. ever been a'*ailable to the public.'.
The NRC's decision to withhold the transcript for a public'meeting from public, view is illogical and unreasonable enough on its own, but the fact that thisý particular document formed the basis of an'official NRC decision is doubly disturbing. Based qn1 our current knowledge, the only purpose would be to hamstring the public's participation in the.
relicensing process. I.hope that this disturbing irony is not lost on the NRC. At the very least, the document should have been cited in the decision as non-publicly, available and an explanation given as to why this determiniatiofi was' made. Riverkeeper believes the failure to make this document public was extremely improper; and that the only appropriate temedy is to make-it immediately available. The NRC's duty to serve the public is not fulfilled by withholding public documents which form the basis for a critical
,'NRC adjuudiqatory order. Such a decision also reflects badly on the Atomic Safety, and Licensing Board chaired by Alex S. Karlin. Perhaps Mr. Karlin was unaware a'key:
document cited in his opinion was unavailable to the public. Irregardless, adjudicatory proceedings should be conducted with the utmost concern for transparency. and
-impartiality. By all accouhts, that does not appear to be the case here.
- ~~~~h as here.
It is understandable -that in some instances, documents must be withheld because of' compelling hational security concerns., However, I fail to see how this could be the case regarding a document which relates the proceedings of a public meeting. If the NRC has a compelling reason for withholding'sensiiive portions of lhis document,' the agency has the ability to redact the allegedly sensitive imateriai and make the rest immediately available. " On the other hand, if the NRC illogically maintains that the entire dosgunient remains outside of the public domain, I hereby request the agency provide information as to when, if ever, the document was publicly available and the reason for its current "sensitive" status.
As an organization currentLy preparing to intervene in the relicensing of the Indian Point.
nuclear facility, Riverkeeper has 'an'urgent need for this document. NRC'accepted, Entergy's application on July 25, 2007. We expect theapplication to be docketed and Federal. Register notice posted on or before August 41, 2007. Riverkeeper.s petition, for intervention will then be' due on or about October 1, 2007. Denying public access to this
'document is unreasonable and unjustifiable. ThereforEi, I am reiterating Riverkeeper's request'for immediate electronic access"to this improlperly withheld public document. I look forward.to'a prompt response from Your office to our oncerns..
Sincerely, Phillip Musegass Staff Attorney
CC VIA ELECTRONICMAIL:
Commissioner Gregory B. Jaczko Ms.-Bebbie RhQdes, NRC Acting Section Chief Technical Information Center Section Mr. Bo Pham, NRC Pro ect Manager Indian Point Relicensing
- -Entergy's application for relicensing of Indian Point was filed on April 30,.2007. See Indian Po0int Nuclear Generating Unit Nos. 2 and 3 - License Renewal Application, available at.
http://www.nrc.gov/reactors/o`perating/licensing/renewal/Iapplications/in'dian-point.html, last accessed July 26, 2007.
See. Verm'ontYankee, 2006.NRC LEXIS 201, at 4749.
SEC
-ve r kee per l etter t o Secretar Vie t ti-C ook July 26 200 7 Page 1 From:
"phillip" <phillip@riverkeeper.org>
To:
<SECY@nrc.gov>
Date:
Thu, Jul 26, 2007 5:17 PM
Subject:
Riverkeeper letter to Secretary Vietti-Cook July 26 2007
Dear Madame Secretary,
Attached please find Riverkeeper's letter of July 26, 2007 to you regarding the withholding of public documents cited in an Atomic Safety and Licensing Board Decision. Please note this letter was also cc'd via electronic mail to Alex Karlin, Chairman of the ASLB in the Vermont Yankee relicensing proceeding. He was erroneously omitted from the cc list on the letter itself.
This letter was also faxed to your office this afternoon, and a hard copy will follow by regular mail in the next few days.
Thank you, Phillip Musegaas Staff Attorney/Policy Analyst Riverkeeper, Inc.
828 South Broadway Tarrytown, NY 10591 914-478-4501 x224 This message contains information that may be confidential or privileged and is intended only for the individual or entity named above. No one else may disclose, copy, distribute or use the contents of this message. Unauthorized use, dissemination and duplication is strictly prohibited, and may be unlawful. All personal messages express views solely of the sender, which are not to be attributed to.Riverkeeper, Inc. and may not be copied or distributed without this disclaimer. If you received this message in error, please notify us immediately at info@riverkeeper.org or call 914-478-4501.
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Riverkeeper letter to Secretary Vietti-Cook July 26 2007 Thu, Jul 26, 2007 5:15 PM "phillip" <phillip(oriverkeeper.org>
phillip(iriverkeeper.org Recipients nrc.gov TWGWPO02.HQGWDOO1 SECY (SECY)
Post Office TWGWPO02.HQGWDOOI Route nrc.gov Files Size Date & Time MESSAGE 1288 Thursday, July 26, 2007 5:15 PM comprtf. 001 July 26 07 Riverkeeper Letter to NRC Re Public Documents.pdf Mime.822 846259 Options Expiration Date:
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