ML080140416

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G20070700/LTR-07-0067/EDATS: SECY-2007-0415 - Mr. Sherwood Martinelli 2.206 Petition Ltr Indian Point Emergency Siren System
ML080140416
Person / Time
Site: Indian Point  Entergy icon.png
Issue date: 02/12/2008
From: Dyer J
Office of Nuclear Reactor Regulation
To: Martinelli S
Friends United for Sustainable Energy (FUSE)
Pickett D, NRR/DORL, 415-1364
Shared Package
ML080150040 List:
References
2.206 Petition, G20070700, LTR-07-0067, SECY-2007-0415
Download: ML080140416 (6)
v • d • e


Text

February 12, 2008 Mr. Sherwood Martinelli Friends United for Sustainable Energy 351 Dyckman Street Peekskill, NY 10566

Dear Mr. Martinelli:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your electronic transmission representing Friends United for Sustainable Energy (FUSE) dated September 28, 2007. You submitted a petition pursuant to Title 10, Section 2.206, Requests for Action under This Subpart, of the Code of Federal Regulations (10 CFR 2.206) to Chairman Dale Klein of the Nuclear Regulatory Commission regarding the Indian Point Nuclear Generating Unit Nos. 2 and 3. You requested that the NRC (1) issue orders, effective immediately, to suspend the Indian Point licenses until the new emergency siren system is fully approved by both the Federal Emergency Management Agency (FEMA) and the NRC, and (2) fine Entergy Nuclear Operations, Inc. (Entergy), the licensee for the Indian Point Nuclear Generating Unit Nos. 2 and 3, $130,000 per day from the date of your petition until Entergy complies with the NRCs Confirmatory Order of January 31, 2006, which requires the licensee to install backup power for the Indian Point siren system.

In addition, by electronic transmission dated January 24, 2008, you amended your original petition by citing the recent discovery of corrosion on sirens for the new emergency notification system. In the amended petition, you requested that the NRC (1) issue an order to immediately place both Indian Point Unit Nos. 2 and 3 in Cold Shutdown, (2) suspend Entergys license to operate Indian Point Unit Nos. 2 and 3 until such time as they are in full compliance with their design basis threat, current licensing basis, and all NRC rules and regulations, and (3) fine Entergy on a daily basis for no less than $500,000 until such time as the sirens have been fully approved by all levels of government.

The NRCs Petition Review Board (PRB) met twice to consider your requests for immediate effective orders. The PRB concluded that your petition, as amended, did not set forth facts sufficient to constitute a basis for the requested actions. Specifically, the petition did not identify any significant safety issues that would justify an immediate shutdown. Therefore, these requests were denied. You were notified of these decisions by Mr. John Boska of my staff by telephone on November 1 and December 19, 2007, for the original petition and by electronic transmission on January 30, 2008, for the addendum.

On December 21, 2007, a conference call was held with you, the PRB, and a representative of Entergy. During this conference call, you provided additional details regarding the new emergency notification siren system at the Indian Point facility. A transcript of this discussion, which is enclosed for your information, can be found at Agencywide Documents Access and Management Systems, Accession No. ML080140267.

The PRBs final recommendation is to accept for review, pursuant to 10 CFR 2.206, two concerns identified in your petition: (1) Entergys failure to install the new emergency notification siren system at the Indian Point facility in a timely fashion, and (2) corrosion found in sirens for the new emergency notification system. Other concerns regarding the new emergency

S. Martinelli notification siren system did not meet the criteria for acceptance for review pursuant to 10 CFR Section 2.206 because they were evaluated and resolved in previous NRC staff reviews or raise matters within the jurisdiction of FEMA and not NRC (see Management Directive (MD) 8.11, Review Process for 10 CFR 2.206 Petitions). Your claim of NRC staff misconduct, that the NRC knew Entergy could not meet the deadline for implementing the new emergency notification siren system, but publicly represented otherwise, has been referred to the NRC Office of the Inspector General.

The PRB has taken the further step of consolidating the concern regarding the failure to implement the siren system in a timely fashion raised by your petition of September 28, 2007, with a similar issue raised by the FUSE petition of June 25, 2007. This step is being taken due to the similarity of the issues raised by both petitions, because both petitions were submitted at approximately the same time, and because you are the principal external stakeholder for both petitions.

As provided by Section 2.206, we will take action within a reasonable time on your concern and the concern of FUSE regarding Entergys failure to implement the siren system in a timely fashion. I have assigned Mr. John Boska to be the petition manager for this petition. Mr. Boska can be reached at 301-415-2901. Your petition is being reviewed by the Office of Nuclear Reactor Regulation.

Enclosed for your information is a copy of the notice that is being filed with the Office of the Federal Register for publication. Also enclosed for your information is a copy of MD 8.11, along with the associated brochures NUREG/BR-0200, Public Petition Process, and NUREG/BR-0215, Public Involvement in the Nuclear Regulatory Process, prepared by the NRC Office of Public Affairs.

Sincerely,

/RA/

J. E. Dyer, Director Office of Nuclear Reactor Regulation

Enclosures:

1. Transcript of December 21, 2007, Telephone Conference Call
2. Federal Register Notice
3. MD 8.11
4. NUREG/BR-0200
5. NUREG/BR-0215 cc w/encl 2: See next page

ML080150040 (Package)

ML080140416 (Acknowledgement Letter and Federal Register Notice)

ML080140267 (Transcript) ML050900248 (NUREG/BR-0200)

ML072760602 (Incoming petition) ML041770328 (Management Directive 8.11)

ML003762531 (NUREG/BR-0215) ML080250075 (Amendment to petition) *Via email OFFICE PM/LPL1-1 PM/LPL1-1 LA/LPL1-1 Tech Editor*

NAME DPickett JBoska SLittle HChang (MOBrien for)

DATE 1 / 31 / 08 1 / 31 / 08 1 / 16 / 08 1 /18/ 08 OFFICE BC/LPL1-1 DD/DPR D/DORL D/NRR NAME MKowal HNieh CHaney JDyer DATE 1 / 31 / 08 1 / 31 / 08 2 / 05 / 08 2/12/ 08 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 Entergy Nuclear Operations, Inc.

Acting 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, GSB 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. Paul Tonko Mr. Raymond L. Albanese President and CEO Four County Coordinator New York State Energy, Research, and 200 Bradhurst Avenue Development Authority Unit 4 Westchester County 17 Columbia Circle Hawthorne, NY 10532 Albany, NY 12203-6399 Mayor, Village of Buchanan Mr. John P. Spath 236 Tate Avenue New York State Energy, Research, and Buchanan, NY 10511 Development Authority 17 Columbia Circle Mr. William DiProfio Albany, NY 12203-6399 PWR SRC Consultant 48 Bear Hill Road Mr. Paul Eddy Newton, NH 03858 New York State Department of Public Service Mr. Garry Randolph 3 Empire State Plaza PWR SRC Consultant Albany, NY 12223-1350 1750 Ben Franklin Drive, 7E Sarasota, FL 34236 Regional Administrator, Region I U.S. Nuclear Regulatory Commission Mr. William T. Russell 475 Allendale Road PWR SRC Consultant King of Prussia, PA 19406 400 Plantation Lane Stevensville, MD 21666-3232 Senior Resident Inspector=s Office Indian Point 2 Mr. Jim Riccio U.S. Nuclear Regulatory Commission Greenpeace P.O. Box 59 702 H Street, NW Buchanan, NY 10511 Suite 300 Washington, DC 20001 Senior Resident Inspector=s Office Indian Point 3 Mr. Phillip Musegaas U.S. Nuclear Regulatory Commission Riverkeeper, Inc.

P.O. Box 59 828 South Broadway Buchanan, NY 10511 Tarrytown, NY 10591 Mr. Charles Donaldson, Esquire Mr. Mark Jacobs Assistant Attorney General IPSEC New York Department of Law 46 Highland Drive 120 Broadway Garrison, NY 10524 New York, NY 10271

7590-01-P U.S. NUCLEAR REGULATORY COMMISSION ENTERGY NUCLEAR OPERATIONS, INC.

ENTERGY NUCLEAR INDIAN POINT 2, LLC ENTERGY NUCLEAR INDIAN POINT 3, LLC INDIAN POINT NUCLEAR GENERATING UNIT NOS. 2 AND 3 DOCKET NOS. 50-247 AND 50-286 LICENSE NOS. DPR-26 AND DPR-64 RECEIPT OF REQUEST FOR ACTION UNDER 10 CFR 2.206 Notice is hereby given that by petition dated September 28, 2007, Mr. Sherwood Martinelli, representing Friends United for Sustainable Energy (Petitioner), has requested that the NRC (1) issue orders, effective immediately, to suspend the NRC licenses for the Indian Point Nuclear Generating Units 2 and 3 (Indian Point) until the new emergency notification siren system is fully approved by both the Federal Emergency Management Agency and the NRC and (2) fine Entergy Nuclear Operations (Entergy, or the licensee) $130,000 per day from the date of his petition (i.e., September 28, 2007) until Entergy complies with the NRCs Confirmatory Order of January 31, 2006, which requires the licensee to install backup power for the Indian Point siren system. On January 24, 2008, the Petitioner amended the petition citing concerns with recently discovered corrosion on sirens for the new emergency notification system. In the amended petition, the Petitioner requested that the NRC (1) issue an order to immediately place both Indian Point Unit Nos. 2 and 3 in Cold Shutdown, (2) suspend Entergys license to operate Indian Point Unit Nos. 2 and 3 until such time as they are in full compliance with their design basis threat, current licensing basis, and all NRC rules and regulations, and

(3) fine Entergy on a daily basis for no less than $500,000 until such time as the sirens have been fully approved by all levels of government.

The request is being treated pursuant to 10 CFR 2.206 of the Commissions regulations.

The request has been referred to the Director of the Office of Nuclear Reactor Regulation (NRR). On November 1 and December 19, 2007, the Petitioner was informed in telephone calls that the request for immediate action for the original petition was denied. In addition, on January 30, 2008, the Petitioner was informed by electronic transmission that the request for immediate action for the amended petition was also denied. The Petitioner participated in a conference call with the NRR Petition Review Board (PRB) on December 21, 2007, to discuss the petition. The additional information provided by the Petitioner was considered by the PRB before making its final recommendation. By letter dated February 12, 2008, the Director accepted for review, pursuant to 10 CFR 2.206, the Petitioners concerns regarding (1) the licensees failure to implement the new emergency notification siren system in a timely manner and (2) the recently identified corrosion found on sirens for the new emergency notification system. As provided by Section 2.206, appropriate action will be taken on this petition within a reasonable time.

A copy of the petition and addenda can be located at Agencywide Documents Access and Management Systems Accession Nos. ML072760602 and ML080250075, respectively, and

are available for inspection at the Commissions Public Document Room, located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland.

Dated at Rockville, Maryland this 12th day of February 2008.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

J. E. Dyer, Director Office of Nuclear Reactor Regulation

Enclosure 1 Transcript of December 21, 2007, Teleconference ADAMS Accession No. ML080140267

Enclosure 3 Management Directive 8.11 Review Process for 10 CFR 2.206 Petitions ADAMS Accession No. ML041770328

Enclosure 4 NUREG/BR-0200 Public Petition Process ADAMS Accession No. ML050900248

Enclosure 5 NUREG/BR-0215 Public Involvement in the Nuclear Regulatory Process ADAMS Accession No. ML003762531

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