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 Your first request, that all historical documents for Indian Point Nuclear Generating Unit Nos. 1, 2, and 3 be made electronically available to the public, is a request for NRC to modify its process for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
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
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 CHaney BBoger DATE 12/3/07 12/5/07 OFFICIAL RECORD COPY
Indian Point Nuclear Generating Unit Nos. 2 & 3 cc:
Mr. Michael R. Kansler President & CEO / CNO Entergy Nuclear Operations, Inc.
1340 Echelon Parkway Jackson, MS 39213 Mr. John T. Herron Sr. Vice President Entergy Nuclear Operations, Inc.
1340 Echelon Parkway Jackson, MS 39213 Sr. Vice President Engineering & Technical Services Entergy Nuclear Operations, Inc.
1340 Echelon Parkway Jackson, MS 39213 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. Anthony Vitale - Acting 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.
1340 Echelon Parkway Jackson, MS 39213 Mr. Joseph P. DeRoy Vice President, Operations Support Entergy Nuclear Operations, Inc.
1340 Echelon Parkway Jackson, MS 39213 Mr. John A. Ventosa GM, Engineering Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 Mr. John F. McCann Director, Nuclear Safety & 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. Ernest J. Harkness Director, Oversight Entergy Nuclear Operations, Inc.
1340 Echelon Parkway Jackson, MS 39213 Mr. Patric W. Conroy Director, Nuclear Safety Assurance Entergy Nuclear Operations, Inc.
Indian Point Energy Center 450 Broadway, GSB P.O. Box 249 Buchanan, NY 10511-0249 Mr. Robert Walpole Manager, Licensing Entergy Nuclear Operations, Inc.
Indian Point Energy Center 450 Broadway, GSB P. O. Box 249 Buchanan, NY 10511-0249 Mr. William C. Dennis Assistant General Counsel Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601
Indian Point Nuclear Generating Unit Nos. 2 & 3 cc:
Mr. Michael Balboni Deputy Secretary for Public Safety State Capitol, Room 229 Albany, NY 12224 Mr. John P. Spath 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 12223-1350 Regional Administrator, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 Senior Resident Inspector=s Office Indian Point 2 U. S. Nuclear Regulatory Commission P.O. Box 59 Buchanan, NY 10511 Senior Resident Inspector=s 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 Mr. Raymond L. Albanese Four County Coordinator 200 Bradhurst Avenue Unit 4 Westchester County Hawthorne, NY 10532 Mayor, Village of Buchanan 236 Tate Avenue Buchanan, NY 10511 Mr. William DiProfio PWR SRC Consultant 48 Bear Hill Road Newton, NH 03858 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 A. Balduzzi Sr. Vice President & COO Regional Operations, NE Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601