ML072760608

G20070701/LTR-07-0669/EDATS: OEDO-2007-0575 - Ltr. Sherwood Martinelli Re Formal Request for Action..2.206

ML072760608
Person / Time
Site:	Indian Point
Issue date:	09/28/2007
From:	Martinelli S, Penstinger R - No Known Affiliation
To:	Barkley R, Klein D, Kuo P, Neil Sheehan NRC/Chairman, NRC/SECY
References
2.206, G20070701
Download: ML072760608 (6)

Text

EDO Principal Correspondence Control FROM: DUE: 11/01/07 EDO CONTROL: G20070701 DOC DT: 09/28/07 FINAL REPLY:

Sherwood Martinelli FUSE USA TO:

Chairman Klein FOR SIGNATURE OF : ** GRN ** CRC NO: 07-0669 Dyer, NRR DESC: ROUTING:

2.206 - Indian Point (SAFESTOR) Reyes (EDATS: OEDO-2007-0575) Virgilio Kane Ash Ordaz Burns DATE: 10/03/07 Collins, RI Zimmerman, NSIR ASSIGNED TO: CONTACT: Cyr, OGC Jones, OGC NRR Mensah, NRR Dyer SPECIAL INSTRUCTIONS OR REMARKS:

EDATS Number: OEDO-2007-0575 Source: OEDO GnrlInfraio Assigned To: NRR OEDO Due Date: 11/1/2007 5:00 PM Other Assignees: SECY Due Date: NONE

Subject:

2.206 - Indian Point (SAFESTOR)

Description:

CC Routing: Region I; NSIR; OGC ADAMS Accession Numbers - Incoming: NONE Response/Package: NONE IOte Infrmaio Cross Reference Number: G2007070 1, SECY-07-0669 Staff Initiated: NO Related Task: Recurring Item: NO File Routing: EDATS Agency Lesson Learned: NO Roadmap Item: NO Action Type: 2.206 Review Priority: Medium Sensitivity: None Signature Level: NRR Urgency: NO OEDO Concurrence: NO OCM Concurrence: NO OCA Concurrence: NO Special Instructions:

IDocumnt Inom i Originator Name: Sherwood Martinelli Date of Incoming: 9/28/2007 Originating Organization: FUSE USA Document Received by OEDO Date: 10/2/2007 Addressee: Chairman Klein Date Response Requested by Originator: 11/2/2007 Incoming Task Received: 2.206 Page I of l

.OFFICE OF THE SECRETARY CORRESPONDENCE CONTROL TICKET Date Printed: Oct 01, 2007 16:31 PAPER NUMBER: LTR-07-0669 LOGGING DATE: 10/01/2007 ACTION OFFICE: ED/GC AUTHOR: Sherwood Martinelli AFFILIATION: NY ADDRESSEE: Dale Klein

SUBJECT:

Formal request for action..2.206 ACTION: Appropriate DISTRIBUTION: Chairman, Corers, OGC LETTER DATE: 09/28/2007 ACKNOWLEDGED No SPECIAL HANDLING:

NOTES:

FILE LOCATION: ADAMS DATE DUE: DATE SIGNED:

EDO -- G20070701

Page 1 of 2 CHAIRMAN - Docket No: 50-003 2.206 Formal Request For Action From: <RoycePenstinger@aol.com>

To: <chairman@nrc.gov>, <rxal@nrc.gov>, <rsbl@nrc.gov>, <ptk@nrc.gov>, <nas@nrc.gov>

Date: 09/28/2007 2:23:26 AM

Subject:

Docket No: 50-003 2.206 Formal Request For Action CC: <geri-shapiro@clinton.senate.gov>, <Palisadesart@aol.com>, <gclary@lohud.com>, <acer8sac@comcast.net>

Dear Chairman Indian Point 1 (Docket No: 50-003)

As is allowed under 10 CFR 2.206, 1 am formally filing this request for action as relates to your licensee Indian Point 1, which I believe and havereason to believe is in violation of its SAFESTOR status. It is these violations that cause me to request Formal Action in the form of and order from the commission which will REMOVE IP1 from SAFESTOR, and move it into official full Decommissioning status, with Decommissioning to begin immediately. The following list of examples put IP1 in violation of their SAFESTOR agreement with the NRC:

1. Various components of IP 1 are wrongfully being used to support the activities and operations of other NRC-licensees, specifically IP 2 LLC, and IP3 LLC.

2. IP1 has failed to repair previous leaking spent fuel pools so that current spent fuel rods atlndian Point 1 could be transferred into said refurbished pool, so that currently leaking spent fuel pool could be drained and restored to Design Basis.

3. IP1 is wrongfully trying to cross contaminate waste streams with a separate NRC licensee in their plan to use the spent fuel pool of IP 2 LLC to transfer their separately licensed materials into dry cask storage.

4. IP1 is unlawfully allowing MIXED wastes to be stored in IP1 containment area, and in various non specifically identified burial sites, thus risking human health and the environment. Said mixed waste burial sites are not fully identified and monitored, thus creating possible migration pathways for human ingestion.

5. As the copied letter, marked as Exhibit A shows, Entergy is attempting to modify the license for IPI in such a fashion as to bring back into operation a MAJOR component of IP1, specifically the crane, and to use said crane to unlawfully CO-MINGLE licensee spent fuel waste streams by moving IP1 rods into the spent fuel pool of IP2, which is already to the point of bursting, and in fact will not have adequate rack space for a full core emergency dump after the spring turn around unless they can begin moving fuel from the pool in large quantities this fall.

These actions on the part of Eritergy, and on the part of Entergy IP 1 LLC amount to a defacto significant violation of IP l's SAFESTOR status. It is therefore requested that the commission issue and order that removes IP1 from the SAFESTOR program, and into full decommissioning status, so that Entergy can still fulfill there obligation to fully remediate IP 1 and return it to full Greenfield's use status within the 60 year period allowed for same.

Respectfully Submitted, Sherwood Martinelli 351 Dyckman Street Peekskill, New York 10566 914 734 1955 EXHIBIT A September 7, 2007 Mr. Fred Dacimo Site Vice President - Administration Entergy Nuclear Operations, Inc.

Indian Point Energy Center 450 Broadway, GSB P.O. Box 249 Buchanan, NY 10511

SUBJECT:

REGARDING LETTER DATED FEBRUARY 22, 2007, ENTERGY NUCLEAR OPERATIONS INC., REQUESTED AN AMENDMENT TO INDIAN POINT UNIT 1 PROVISIONAL OPERATING LICENSE

Dear Mr. Dacimo,

By letter dated February 22, 2007, (ML070740552) Entergy Nuclear Operations Inc. requested an amendment to Indian Point Unit 1 Provisional Operating License for use of the Fuel Handling Building crane for dry spent fuel cask handling operations.

After reviewing your request, the U.S. Nuclear Regulatory Commission staff has determined that additional information is required for completing the review. Please providethe additional file://C:\temp\GW} 00001.HTM ' 10/01/2007

Page 2 of 2 information requested in the enclosure within 30 days of receipt of this letter.

If.you have any questions, please call me at (301) 415-6721.

Sincerely,

/RA/

Theodore Smith, Project Manager Decommissioning Directorate Division of Waste Management and Environmental Protection Office of Federal and State Materials and Environmental Management Programs Docket No: 50-003

Enclosure:

Request for Additional Information cc: Indian Point Service List See what's new at AOL.com and Make AOL Your Homepacqe.

file://C:\temp\GW}00001.HTM 10/01/2007

c:\ternp\GW)00001.TMVPgi ge JI Mail Envelope Properties (46FC9DD5.250: 15 : 62032)

Subject:

Docket No: 50-003 2.206 Formal Request For Action Creation Date Fri, Sep 28, 2007 2:23 AM From: <RoycePenstinger(aaol.com>

Created By: RoycePenstinger(baol.com Recipients nrc.gov kplpo.KPDO NAS (Neil Sheehan)

RSB1 (Richard Barkley) nrc.gov OWGWPOO4.HQGWDOO1 PTK (Pao-Tsin Kuo) nrc.gov OWGWPOO2.HQGWDOO1 CHAIRMAN comcast.net acer8sac CC lohud.com gclary CC aol.com Palisadesart CC clinton. senate.gov geri_shapiro CC nrc.gov NRCWIA01 .NRCWDO01 "rxal *nrc.gov"