ML073240984
| ML073240984 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 12/05/2007 |
| From: | Boger B NRC/NRR/ADRO |
| To: | Martinelli S - No Known Affiliation |
| Boska J, NRR/DORL/LPLI-1, 301-415-290 | |
| Shared Package | |
| ML073241030 | List: |
| References | |
| EDATS: SECY-2007-0494, G20070780, LTR-07-0740 | |
| Download: ML073240984 (5) | |
Text
December 5, 2007 Mr. Sherwood Martinelli 351 Dyckman Street Peekskill, NY 10566
Dear Mr. Martinelli:
On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your email to Chairman Klein dated November 2, 2007. In your email, you disagreed with the NRC staffs rejection of two petition requests you had submitted pursuant to 10 CFR 2.206. In a letter to you dated October 24, 2007, the NRC staff committed to answer your concerns in separate correspondence, because the NRC staffs position was that your two petition requests do not meet the criteria for staff review under the 10 CFR 2.206 process. As a result of your email, the staff has re-evaluated your 2.206 petition requests.
Your first petition request, that environmental costs associated with terrorist attacks on Indian Point Nuclear Generating Unit Nos. 2 and 3 be included in the licensees environmental statement and in the Environmental Impact Statement, is a challenge to 10 CFR Part 51 and is not a request for enforcement-related action to modify, suspend, or revoke a license, or to take other appropriate action. Pursuant to NRC Management Directive 8.11, Review Process for 10 CFR 2.206 Petitions, challenges to the NRC rules and regulations cannot be considered in the 10 CFR 2.206 process. Moreover, the concern you raise has been addressed and resolved by the NRC Commissioners. The Commissions longstanding view is that the National Environmental Policy Act does not require consideration of the environmental effect of terrorist attacks. However, the Commission will follow the decision of the United States Court of Appeals for the Ninth Circuit Court and will consider the environmental effects of terrorist attacks in its Diablo Canyon review, but not in other NRC proceedings. See the following Commission legal issuances: Pacific Gas and Electric Co., CLI-07-11, February 26, 2007, and Amergen Energy Co., LLC., CLI-07-08, February 26, 2007.
Your second petition request contained three different requests. Your first request, that all historical documents for Indian Point Nuclear Generating Unit Nos. 1, 2, and 3 be made electronically available to the public, is a request for NRC to modify its process for management of documents, and is not a request for enforcement-related action. Your contention that the 10 CFR 2.206 process can be used to petition the NRC Commissioners to direct the NRC staff is mistaken. Management Directive 8.11 provides that in order to be accepted in the 10 CFR 2.206 process the request must be for enforcement-related action. The language of 10 CFR 2.206 states that Any person may file a request to institute a proceeding pursuant to
§2.202 to modify, suspend, or revoke a license, or for any other action as may be proper. The phrase or for any other action as may be proper, refers to other regulatory actions against licensees and other persons subject to NRC regulatory authority. It does not refer to directives to the NRC staff regarding the NRC document management system. In your second request, you ask that all proprietary documents related to Indian Point be reviewed by NRC and released publicly via ADAMS. Again, this is not a request for enforcement-related action against a licensee or other persons subject to NRC regulatory authority. Under the Freedom of Information Act (FOIA), you may submit a request for specific documents you are interested in, including proprietary documents, and the NRC will review and respond to your request. FOIA
S. Martinelli requests may be made on the NRC website. Your third request is that the NRC make public a full and unredacted version of the Indian Point Safety Analysis. Again, this is not a request for enforcement-related action against a licensee or other persons subject to NRC regulatory authority, and is a challenge to NRC rules and regulations. 10 CFR 50.71 requires licensees to maintain and to submit to the NRC their Updated Final Safety Analysis Reports (USFARs), but does not require that licensees make their UFSARs publicly available. The NRC redacted a small amount of the Indian Point USFARs for security reasons and will not make that redacted material publicly available.
Based on my review, I have concluded that the NRC staffs reasoning in the October 24, 2007, letter to you rejecting these two petitions was correct, and the petitions cannot be accepted under the 10 CFR 2.206 process. Additionally, in your email you raised staff performance and conduct issues. We have, therefore, provided a copy of your email to the NRCs Office of the Inspector General.
Thank you for your interest in these matters.
Sincerely,
/RA/
Bruce A. Boger, Associate Director for Operating Reactor Oversight and Licensing Office of Nuclear Reactor Regulation cc: See next page
S. Martinelli requests may be made on the NRC website. Your third request is that the NRC make public a full and unredacted version of the Indian Point Safety Analysis. Again, this is not a request for enforcement-related action against a licensee or other persons subject to NRC regulatory authority, and is a challenge to NRC rules and regulations. 10 CFR 50.71 requires licensees to maintain and to submit to the NRC their Updated Final Safety Analysis Reports (USFARs), but does not require that licensees make their UFSARs publicly available. The NRC redacted a small amount of the Indian Point USFARs for security reasons and will not make that redacted material publicly available.
Based on my review, I have concluded that the NRC staffs reasoning in the October 24, 2007, letter to you rejecting these two petitions was correct, and the petitions cannot be accepted under the 10 CFR 2.206 process. Additionally, in your email you raised staff performance and conduct issues. We have, therefore, provided a copy of your email to the NRCs Office of the Inspector General.
Thank you for your interest in these matters.
Sincerely,
/RA/
Bruce A. Boger, Associate Director for Operating Reactor Oversight and Licensing Office of Nuclear Reactor Regulation cc: See next page DISTRIBUTION: G20070780/LTR-07-0740/EDATS: SECY-2007-0494 PUBLIC LPL1-1 Reading File RidsNrrDorl RidsNrrDorlLpl1-1 RidsNrrDirsltsb RidsNrrPMJBoska RidsNrrLASLittle RidsNrrWpcMail ECobey, RI GLongo, OGC HCruz MKowal HNieh RidsOGCMailCenter RidsEDOMailCenter RidsOpaMail RidsRgn1MailCenter RidsAcrsAcnw&mMailCenter RidsNrrOd RidsNrrAdes RidsNrrAdro RidsSecyMailCenter cc: Plant Mailing List Incoming: ML073110110 Response: ML073240984 Package: ML073241030 OFFICE LPL1-1/PM LPL1-1/LA LPL1-1/BC DPR/NRR NAME JBoska SLittle MKowal HNieh DATE 12/03/07 11/28/07 11/28/07 11/29/07 OFFICE DORL/NRR ADRO/NRR NAME JLubinski for BBoger CHaney DATE 12/3/07 12/5/07 OFFICIAL RECORD COPY
Indian Point Nuclear Generating Unit Nos. 2 & 3 cc:
Mr. Michael R. Kansler Mr. John A. Ventosa President & CEO / CNO GM, Engineering Entergy Nuclear Operations, Inc. Entergy Nuclear Operations, Inc.
1340 Echelon Parkway 440 Hamilton Avenue Jackson, MS 39213 White Plains, NY 10601 Mr. John T. Herron Mr. John F. McCann Sr. Vice President Director, Nuclear Safety & Licensing Entergy Nuclear Operations, Inc. Entergy Nuclear Operations, Inc.
1340 Echelon Parkway 440 Hamilton Avenue Jackson, MS 39213 White Plains, NY 10601 Sr. Vice President Ms. Charlene D. Faison Engineering & Technical Services Manager, Licensing Entergy Nuclear Operations, Inc. Entergy Nuclear Operations, Inc.
1340 Echelon Parkway 440 Hamilton Avenue Jackson, MS 39213 White Plains, NY 10601 Mr. Fred R. Dacimo Mr. Ernest J. Harkness Site Vice President Director, Oversight Entergy Nuclear Operations, Inc. Entergy Nuclear Operations, Inc.
Indian Point Energy Center 1340 Echelon Parkway 450 Broadway, GSB Jackson, MS 39213 P.O. Box 249 Buchanan, NY 10511-0249 Mr. Patric W. Conroy Director, Nuclear Safety Assurance Mr. Anthony Vitale - Acting Entergy Nuclear Operations, Inc.
General Manager, Plant Operations Indian Point Energy Center Entergy Nuclear Operations, Inc. 450 Broadway, GSB Indian Point Energy Center P.O. Box 249 450 Broadway Buchanan, NY 10511-0249 P.O. Box 249 Buchanan, NY 10511-0249 Mr. Robert Walpole Manager, Licensing Mr. Oscar Limpias Entergy Nuclear Operations, Inc.
Vice President Engineering Indian Point Energy Center Entergy Nuclear Operations, Inc. 450 Broadway, GSB 1340 Echelon Parkway P. O. Box 249 Jackson, MS 39213 Buchanan, NY 10511-0249 Mr. Joseph P. DeRoy Mr. William C. Dennis Vice President, Operations Support Assistant General Counsel Entergy Nuclear Operations, Inc. Entergy Nuclear Operations, Inc.
1340 Echelon Parkway 440 Hamilton Avenue Jackson, MS 39213 White Plains, NY 10601
Indian Point Nuclear Generating Unit Nos. 2 & 3 cc:
Mr. Michael Balboni Mayor, Village of Buchanan Deputy Secretary for Public Safety 236 Tate Avenue State Capitol, Room 229 Buchanan, NY 10511 Albany, NY 12224 Mr. William DiProfio Mr. John P. Spath PWR SRC Consultant New York State Energy, Research, and 48 Bear Hill Road Development Authority Newton, NH 03858 17 Columbia Circle Albany, NY 12203-6399 Mr. Garry Randolph PWR SRC Consultant Mr. Paul Eddy 1750 Ben Franklin Drive, 7E New York State Department Sarasota, FL 34236 of Public Service 3 Empire State Plaza Mr. William T. Russell Albany, NY 12223-1350 PWR SRC Consultant 400 Plantation Lane Regional Administrator, Region I Stevensville, MD 21666-3232 U.S. Nuclear Regulatory Commission 475 Allendale Road Mr. Jim Riccio King of Prussia, PA 19406 Greenpeace 702 H Street, NW Senior Resident Inspector=s Office Suite 300 Indian Point 2 Washington, DC 20001 U. S. Nuclear Regulatory Commission P.O. Box 59 Mr. Phillip Musegaas Buchanan, NY 10511 Riverkeeper, Inc.
828 South Broadway Senior Resident Inspector=s Office Tarrytown, NY 10591 Indian Point 3 U. S. Nuclear Regulatory Commission Mr. Mark Jacobs P.O. Box 59 IPSEC Buchanan, NY 10511 46 Highland Drive Garrison, NY 10524 Mr. Charles Donaldson, Esquire Assistant Attorney General Mr. Michael A. Balduzzi New York Department of Law Sr. Vice President & COO 120 Broadway Regional Operations, NE New York, NY 10271 Entergy Nuclear Operations, Inc.
440 Hamilton Avenue Mr. Raymond L. Albanese White Plains, NY 10601 Four County Coordinator 200 Bradhurst Avenue Unit 4 Westchester County Hawthorne, NY 10532