ML082470371
| ML082470371 | |
| Person / Time | |
|---|---|
| Site: | Indian Point, Saint Lucie, Vermont Yankee, 06300001  |
| Issue date: | 09/18/2008 |
| From: | NRC/NRR/ADRO |
| To: | |
| Mensah T | |
| Shared Package | |
| ML082470564 | List: |
| References | |
| -nr, 2.206, G20070540, G20070700, G20080233 | |
| Download: ML082470371 (11) | |
Text
STATUS OF OPEN PETITIONS*
Facility Petitioner/EDO No. Page Indian Point Sherwood Martinelli/.2-3 Units 2 and 3 Friends United for Sustainable Energy (FUSE)
G20070540 Indian Point Sherwood Martinelli/.4-5 Units 2 and 3 Friends United for Sustainable Energy (FUSE)
G20070700 Indian Point Sherwood Martinelli.6 Units 2 and 3 G20080233
- Information that has changed since the last monthly report is highlighted in red.
ENCLOSURE 1
STATUS OF POTENTIAL PETITIONS UNDER CONSIDERATION Facility: Indian Point (IP), Units 2 and 3 Petitioners: Friends United for Sustainable Energy (FUSE - Sherwood Martinelli)
Date of Petition: June 25, 2007 Directors Decision to be Issued by: NRR EDO Number: G20070540 Proposed DD Issuance: May 30, 2008 Final DD Issuance: August 14, 2008 Last Contact with Petitioner: May 30, 2008 (Proposed Directors Decision)
Petition Manager: Douglas Pickett Case Attorney: Giovonna Longo Issues/Actions requested:
The petitioners state that current U.S. Nuclear Regulatory Commission (NRC) regulations are prejudiced and biased, usurp Stakeholder rights and presume that license renewal is a foregone conclusion, so long as the licensee spends enough money, and follows guidelines essentially drafted by the powerful nuclear industry lobby, the Nuclear Energy Institute (NEI).
- 1. The petitioners request that the NRC issue an order enjoining the NRC from considering any new license applications until the NRC regulations are revised to protect the Constitutional First Amendment Rights, as well as the Equal Protection and Due Process Rights of Stakeholders.
- 2. Based upon the safety and security concerns identified on pages 4-14 of the petition (allegations), the petitioner requests that all licenses for Indian Point be suspended until the site is in full compliance with all local, state and federal laws, statutes, rules and regulations.
- 3. Request for rulemaking (Part 54).
Background:
On June 25, 2007, the petitioner filed a petition for an enforcement action pursuant to 10 CFR 2.206. On August 15, 2007, the petition manager contacted the petitioner to acknowledge receipt of the 2.206 petition. The petitioner requested that the allegations contained within the June 25, 2007, letter be handled in accordance with the 2.206 process.
The Petition Review Board (PRB) met internally on August 20, 2007, and August 27, 2007, to discuss the petitioner=s requests for immediate action (Items #1 and #2). On September 5, 2007, the petition manager informed the petitioner of the PRB=s decision to deny the requests for immediate action. A teleconference was scheduled for the petitioner to address the PRB on September 6, 2007. On September 5, 2007, the petitioner requested that the PRB delay the teleconference until October 2007, so that FUSE could focus its resources on responding to the Opportunity for Hearing for the IP License Renewal.
Due to multiple failed attempts to contact the petitioner by telephone, the petition manager contacted the petitioner by email on September 26, 2007, to inform the petitioner of the current status of the petition and to coordinate a date for a PRB meeting. The PRB met internally on October 30, 2007, to make an initial recommendation.
Current Status:
The petition manager contacted the petitioner on November 2, 2007, to inform the petitioner of the PRBs initial recommendation to accept the petition with respect to the concerns regarding the IP sirens and groundwater, but deny the request for immediate shutdown. The petitioner requested an opportunity to address the PRB. On November 7, 2007, the NRC received notice that Sherwood Martinelli would be replacing Susan Shapiro as the FUSE point of contact for this petition. On December 21, 2007, the NRC staff held a teleconference with the petitioner, providing the opportunity to address the PRB. The PRB met internally on January 15, 2008, to review the teleconference transcript. The final PRB recommendation was provided in an acknowledgement letter to the petitioner on February 1, 2008 (ADAMS Accession No. ML080080297). As noted in the acknowledgement letter, the PRBs final recommendation is to accept for review pursuant to 10 CFR 2.206, FUSEs concerns regarding the underground leakage of contaminated water at the IP facility and the failure to implement the new emergency notification siren system in a timely manner. The PRB has taken the further step of consolidating the concern regarding the failure to implement the siren system in a timely manner with a similar issue raised in the FUSE petition of September 28, 2007. This step is being taken due to the similarity of the issues, because both petitions were submitted at approximately the same time, and because the principal external stakeholder for both petitions is the same.
Therefore, the underground leakage of contaminated water will be addressed through the FUSE petition of June 25, 2007, and the failure to implement the new emergency notification siren system in a timely matter will be addressed through the FUSE petition of September 28, 2007.
The Proposed Directors Decision was issued to the petitioner on May 30, 2008 (ADAMS Accession No. ML081270029). Referencing NRC Region 1 Inspection Reports No. 05000003/2007010 and 05000247/2007010 issued on May 13, 2008 (ADAMS Accession No. ML081340425), the Proposed Directors Decision states that the NRC reviewed Entergys efforts to determine the cause and source of the groundwater contamination condition, assessed the radiological impact on public health and safety and the environment, effected appropriate mitigation and remediation, and implemented long-term monitoring to ensure continuing assessment of the condition. The NRC found Entergys response to be reasonable and technically sound. Also, the NRC staff determined that Entergy has conformed to all regulatory requirements. Therefore, the Proposed Directors Decision denies the petitioners request. The petitioner was requested to provide comments by June 30, 2008, but did not provide any comments.
The Final Directors Decision was issued on August 14, 2008 (ADAMS Accession No. ML082070063).
Facility: Indian Point, Units 2 and 3 Petitioners: Friends United for Sustainable Energy (FUSE-Sherwood Martinelli)
Date of Petition: September 28, 2007 Directors Decision to be Issued by: NRR EDO Number: G20070700 Proposed DD Issuance: November 6, 2008 Final DD Issuance: TBD Last Contact with Petitioner: February 12, 2008 (Acknowledgement Letter)
Petition Manager: Douglas Pickett Case Attorney: Giovonna Longo Issues/Actions requested:
The petitioner states Entergy has not taken adequate action to ensure the IP2 and 3 emergency sirens are fully operational.
- 1. The petitioner requests that the NRC issue an order to place IP2 and 3 in cold shutdown until their emergency sirens are fully approved by the Federal Emergency Management Agency (FEMA) and the NRC, and the system is operating within 96 percent.
- 2. The petitioner requests the NRC fine Entergy $130,000 per day from September 28, 2007, forward until they have complied with the NRC's order.
Background:
By letter dated September 28, 2007, the petitioner filed a petition for an enforcement action pursuant to 10 CFR 2.206. The PRB met internally on October 30, 2007, to determine if the petition met the criteria for review under 10 CFR 2.206. The petition manager contacted the petitioner on November 1, 2007, to inform the petitioner of the PRBs initial recommendation to accept the petition with respect to the concerns regarding the Indian Point sirens, but deny the request for immediate shutdown. The petitioner requested an opportunity to address the PRB.
On December 21, 2007, the NRC staff held a teleconference with the petitioner, providing the opportunity to address the PRB. The PRB met internally on January 15, 2008, to review the teleconference transcript. On January 24, 2008, the petitioner filed an addendum to his petition citing new concerns regarding corrosion that has recently been discovered on some of the new sirens. In addition, the petitioner requested the imposition of daily fines of no less than $500,000 until such time as the new siren system has been approved and he reiterated his previous request for the immediate shutdown of the IP facilities. To accommodate the submittal of the addendum and allow sufficient time to modify the acknowledgement letter for this petition, the expected issuance date of the acknowledgement letter has been modified. As noted in the acknowledgement letter for the FUSE petition of June 25, 2007, the PRB has consolidated the siren concerns of the June 25, 2007, FUSE petition with the similar concerns of the September 28, 2007, FUSE petition. This step is being taken due to the similarity of the issues, because both petitions were submitted at approximately the same time, and because the principal external stakeholder for both petitions is the same. Therefore, the failure to implement
the new emergency notification siren system in a timely matter will be addressed through the FUSE petition of September 28, 2007.
Current Status:
On February 12, 2008, the NRC staff issued an acknowledgement letter accepting the petition with respect to the siren concerns identified by the petitioner. On August 22, 2008, FEMA found the new siren system to be acceptable. Entergy officially placed the new siren alert notification system into service on August 27, 2008. The new sirens will undergo a one year review before the licensee takes the former system out of service. The proposed Directors Decision will reference the successful implementation of the new system. A proposed Directors Decision is scheduled for issuance by November 6, 2008.
Facility: Indian Point, Units 2 and 3 Petitioner: Sherwood Martinelli Date of Petition: March 30, 2008 Directors Decision to be Issued by: NRR EDO Number: G20080233 Proposed DD Issuance: TBD Final DD Issuance: TBD Last Contact with Petitioner: August 14, 2008 (telephone conference with PRB)
Petition Manager: John Boska Case Attorney: Giovonna Longo Issues/Actions requested:
The petitioner requests that the NRC:
- 1. Suspend the operating license of IP, Units 2 and 3.
- 2. Halt the license renewal process for IP, Units 2 and 3.
Background:
By letter dated March 30, 2008, the petitioner filed a petition for an enforcement action pursuant to 10 CFR 2.206. On April 16, 2008, the PRB recommended that the petition be combined with Mr. Martinellis two previous petitions (G20070540 and G20070700). On April 17, 2008, the petitioner disagreed with the PRBs recommendation, and accepted the offer to meet with the PRB. On May 14, 2008, the petitioner requested that the meeting with the PRB be delayed until after August 1, 2008. On June 4, 2008, the Office of the Executive Director of Operations agreed to extend the due date to September 26, 2008. On June 5, 2008, the petitioner was informed that the PRB would wait until after August 1st to meet with him.
Current Status:
On August 14, 2008, the PRB held a conference call with the petitioner. A transcript of this discussion can be found at ADAMS Accession No. ML082330375. No additional, relevant information was provided during the conference call to support a change to the PRB initial recommendations. Therefore, the final recommendation was to accept this petition with respect to the issues of groundwater contamination and the siren system, and combine this petition with Mr. Martinellis two previous petitions (G20070540 and G20070700). The PRB is in the process of preparing an acknowledgement letter to the petitioner regarding the final PRB recommendations. The acknowledgement letter is expected to be issued by September 26, 2008.
Licensee: Florida Power and Light Petitioners: Thomas Saporito Date of Petition: August 3, 2008 EDO Number: G20080528 Petition Manager: Tracy Orf Case Attorney: Giovonna Longo Last Contact with Petitioner: August 14, 2008 Last PRB meeting: TBD Issues/Actions requested:
Petitioner requests a notice of violation and proposed imposition of civil penalty of $100,000 as enforcement action under 10 CFR 50.7 against Florida Power and Light.
Current Status:
By letter dated August 3, 2008, the petitioner filed a petition for an enforcement action pursuant to 10 CFR 2.206. The NRC staff is reviewing the petition to determine if it meets the criteria for review under 10 CFR 2.206. In accordance with the 2.206 process, the petitioner requested an opportunity to address the PRB by teleconference, before the PRB met internally to discuss the petition and make its initial recommendation. On August 14, 2008, the petitioner addressed the PRB by teleconference. The teleconference was transcribed and can be found at ADAMS Accession No ML082330393. The PRB plans to meet internally to discuss the petition, as supplemented by the transcript.
ENCLOSURE 2
Facility: Vermont Yankee Petitioners: Thomas Gurdziel Date of Petitions: July 17 and July 20, 2008 EDO Number: G20080493 and G20080508 Petition Manager: James Kim Case Attorney: Giovonna Longo Last Contact with Petitioner: August 6, 2008 (telephone conference call)
Last PRB Meeting: July 24, 2008 Issues/Actions requested:
- 1. NRC immediately have the Entergy/Vermont Yankee nuclear plant shutdown if it turns out that Entergy tradesmen did not install a third bracket, that they were instructed to do either by written plans and instructions or by verbal instructions.
- 2. Federal Emergency Management Agency review and accept the existing Entergy/Vermont Yankee emergency siren system for population density coverage and sound level. Request was supplemented by letter dated July 20, 2008, asking to have FEMA review and accept the emergency sirens and public notification devices for ALL license extension applicants before the license is extended by the NRC, and also for those whose license has already been extended.
Current Status:
By letters dated July 17 and July 20, 2008, the petitioner filed petitions for an enforcement action pursuant to 10 CFR 2.206. Since the July 20, 2008, petition requests a similar, yet expanded action, as the July 17, 2008, letter, the NRC PRB is handling the July 20, 2008, letter as a supplement to the July 17, 2008, petition request. The petitioner was notified and is in agreement. The NRC PRB made an initial evaluation that the petitions did not meet the criteria for review under 10 CFR 2.206. The petitioner was offered the opportunity to provide the PRB with additional information. A telephone conference call was held on August 6, 2008, at which time the petitioner addressed the PRB.
The PRB's position is that the PRB should not make a final decision whether or not to accept this petition for review until the PRB reviews the inspection report from the NRC Special Inspection Team (SIT) that was dispatched to Vermont Yankee on July 14, 2008, to review the cooling tower problems. The SIT indicates that they will issue the inspection report about 45 days after the completion of the inspection. Therefore, the inspection report is expected to be issued about September 30, 2008. The PRB will make a final decision after reviewing the inspection report, the petitions, and the telephone transcript. At such time a letter will be drafted to the petitioner. The due date for this petition has been extended to October 30, 2008.
Facility: Yucca Mountain (NMSS)
Petitioners: James Salsman Date of Petition: August 3, 2008 EDO Number: G20080537 Petition Manager: Eugene Peters for Mahendra Shah Case Attorney: Giovonna Longo Last Contact with Petitioner: August 14, 2008 Last PRB meeting: August 13, 2008 Issues/Actions requested that, in the event that the U.S. DOE YM application is docketed, the NRC:
- 1. Reconsider July 9, 2008, 2.206 petition in light of the new information on Uranium toxicity, provided by the petitioner in this petition. The following actions were requested on the petition filed on July 9:
- a. NRC immediate approval of the YM, Nevada, repository license application, filed by the U.S. DOE in June 2008, for construction (on a tentative basis); and
- b. Modification of the licenses of dry cask storage facilities, with dry casks rated for less than 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> submerged, to transport their spent nuclear fuel to YM once built, if the YM application is still being reviewed.
Current Status:
On August 3, 2008, the U.S. NRC received a 2.206 petition via e-mail from Mr. James Salsman.
The NRC staff will be reviewing the petition to determine whether it meets the criteria for review under 10 CFR 2.206.
On August 13, 2008, a PRB met to discuss Mr. Salsmans petition submitted on August 3, 2008.
The PRB members mentioned that Mr. Salsmans new petition includes the same requests as the previously withdrawn petition submitted on July 9, 2008 (G20080472). These requests are the following: (1) NRC immediate approval of the Yucca Mountain (YM), Nevada, repository license application, filed by the U.S. Department of Energy in June 2008, for construction (on a tentative basis); and (2) to modify the licenses of dry cask storage facilities to transport their spent nuclear fuel to YM once built, if the YM application is still being reviewed. Regarding the first request, the PRB determined that the petitioner was asking for a licensing related action, which is outside the scope of the 2.206 petition process. For the second request, the PRB determined that the petitioner failed to provide sufficient facts that constitute the bases for the requested action. Therefore, the PRB initial recommendation was to reject this petition request for review under the 2.206 petition process.
On August 14, 2008, the Petition Manager (PM) communicated the initial PRB recommendation to Mr. Salsman and advised him that the NRC 2.206 petition process does not have a provision to hold 2.206 petition requests pending future licensing actions; in the present case, a docketing decision on the YM license application. Mr. Salsman advised the PM that he was withdrawing the petition from NRC review. The PM documented the petitioners decision to withdraw his petition in an e-mail on August 15, 2008.
AGE STATISTICS FOR AGENCY 2.206 PETITIONS Assigned Facility/ Incoming PRB Acknowledgment Proposed Final Comments if not meeting the Action Petitioner petition meeting letter/days from Directors Directors Agency=s Completion Goals Office 1 incoming2 Decision Decision
/age3 /age4 NRR Indian Point 06/25/07 12/21/07 02/01/08 05/30/08 08/14/08 Units 2 and 221 99 45 3/ Sherwood Martinelli -
Friends United for Sustainable Energy NRR Indian Point 09/28/07 12/21/07 02/12/08 TBD TBD PRB meeting delayed at the Units 2 and 137 request of the Petitioner. FUSE 3/ Sherwood requested a delay in scheduling a Martinelli - PRB, affording them the opportunity FUSE to focus their resources on Indian Point License Renewal Activities.
The proposed Directors Decision (DD) will reference the successful implementation of the new siren system, which the licensee plans to have operational in mid-August 2008.
NRR Indian Point 03/30/08 04/16/08 TBD TBD TBD On May 14, 2008, the petitioner Units 2 and requested that the meeting with the 3/ Sherwood PRB be delayed until after Martinelli August 1, 2008. On June 4, 2008, the Office of the Executive Director of Operation agreed to extend the due date to September 26, 2008.
1Goal is to hold a PRB meeting, which the petitioner is invited to participate in, within 2 weeks of receipt of petition.
2 Goal is to issue acknowledgment letter within 35 days of the date of incoming petition.
3 Goal is to issue proposed DD within 120 days of the acknowledgment letter.
4 Goal is to issue final DD within 45 days of the end of the comment period.
ENCLOSURE 3