ML083080081
| ML083080081 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 11/20/2008 |
| From: | Office of Nuclear Reactor Regulation |
| To: | |
| Tanya Mensah, 415-3610 | |
| Shared Package | |
| ML083090071 | List: |
| References | |
| G20070700, SECY-2008-0628, WITS 200700062 | |
| Download: ML083080081 (16) | |
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)
G20070700 Indian Point Sherwood Martinelli.4 Units 2 and 3 G20080233
- Information that has changed since the last monthly report is highlighted in red. This enclosure should be printed in color so that updated information can be easily viewed.
ENCLOSURE 1
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: January 30, 2009 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 Nuclear Regulatory Commission (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 January 30, 2009.
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: January 30, 2009 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 acknowledgement letter was issued to the petitioner on September 15, 2008 (ADAMS Accession No. ML082350191). By letter dated August 14, 2008, the groundwater contamination petition was closed by a final Directors Decision (G20070540). A proposed Directors Decision on the siren issue is scheduled for issuance by January 30, 2009 (G20070700).
STATUS OF POTENTIAL PETITIONS UNDER CONSIDERATION*
Facility Petitioner/EDO No. Page Florida Power and Light Thomas Saporito.2 G20080528 Vermont Yankee Thomas Gurdziel.3 G20080493 and G20080508 Florida Power and Light Thomas Saporito.4 G20080679 Florida Power and Light Thomas Saporito.5 G20080682 Florida Power and Light Thomas Saporito.6 G20080695 Florida Power and Light Thomas Saporito.7 G20080699 Vermont Yankee Michael Mulligan..8 G20080678 Indian Point Sherwood Martinelli.9 G20080693 Yucca Mountain (NMSS) James Salsman...11 G20080663
- Information that has changed since the last monthly report is highlighted in red. This enclosure should be printed in color so that updated information can be easily viewed.
ENCLOSURE 2
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 met internally on September 11, 2008, and its initial recommendation was to not accept the letter for review in the 10 CFR 2.206 process. In an email dated September 12, 2008, the petition manager notified the petitioner of the PRB initial recommendation and offered him another opportunity to address the PRB. Although a teleconference was scheduled for September 17, 2008, the petitioner was unable to attend. The petitioner later informed the petition manager that the teleconference did not need to be rescheduled. The PRB has concluded that the submittal does not meet the criteria for consideration under 10 CFR 2.206, because the petitioner raises issues that have already been the subject of NRC staff review and evaluation. A closure letter to the petitioner was issued on October 27, 2008, and can be found at ADAMS Accession No. ML082680005.
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. The inspection report was issued on October 10, 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 January 20, 2009.
Licensee: Florida Power and Light Petitioners: Thomas Saporito Date of Petition: September 27, 2008 EDO Number: G20080679 Petition Manager: Tracy Orf Case Attorney: Giovonna Longo Last Contact with Petitioner: TBD Last PRB meeting: TBD Issues/Actions requested:
Petitioner requests enforcement action against Florida Power and Light (FPL) and against two specific FPL attorneys, Hamrick and Ferendez, under 10 CFR 2.206. The petitioner requests enforcement action because he states that FPL and these attorneys conspired with the intent to retaliate against him through the filing of a motion for sanctions against the petitioner due to his engagement in Energy Reorganization Act (ERA) protected activities and in protected activities governed by 10 CFR 50.7.
Specifically, the petitioner requests that the NRC:
A. Issue a Notice of Violation, and imposition of civil penalty in the amount of $100,000 separately against FPL and against the FPL attorneys to dissuade FPL and its attorneys from continuing in violation of the ERA and in violation of NRC requirements under 10 CFR 50.7.
B. To the extent that FPL and its attorneys willfully engaged in conduct in violation of the ERA and in violation of NRC requirements under 10 CFR 50.7, the petitioner requests that the FPL attorneys of record be sanctioned by the NRC and not allowed to participate in any NRC-related activities in their capacity as FPL attorneys for a period of not less than 5 years.
Current Status:
By letter dated September 27, 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.
Licensee: Florida Power and Light Petitioners: Thomas Saporito Date of Petition: September 28, 2008 EDO Number: G20080682 Petition Manager: Tracy Orf Case Attorney: Giovonna Longo Last Contact with Petitioner: TBD Last PRB meeting: TBD Issues/Actions requested:
Petitioner requests enforcement action against Florida Power and Light (FPL), Turkey Point (TP)
Nuclear Plant (Units 3 and 4).
Specifically, the petitioner requests that the NRC:
Modify FPLs operating licenses DPR-31 and DPR-41 in such as manner as to require FPL to rotate its nuclear plant security force at TP on a regular basis to ensure that all security guard posts are relieved every two-hours by rotating the posted security guards to a different location to ensure that the licensee maintains full compliance with NRC domestic nuclear plant security requirements under 10 CFR 73.55(f)(1).
Current Status:
By letter dated September 28, 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.
Licensee: Florida Power and Light Petitioners: Thomas Saporito Date of Petition: October 5, 2008 EDO Number: G20080695 Petition Manager: Tracy Orf Case Attorney: Giovonna Longo Last Contact with Petitioner: TBD Last PRB meeting: TBD Issues/Actions requested:
Petitioner requests enforcement action against Florida Power and Light (FPL), FPL Group, FPL Energy Point Beach LLC, FPL Energy Seabrook LLC, and three specific individuals, Steven Hamrick, Antonio Fernandez, and Mitchell S. Ross. The petitioner seeks enforcement action because he states that FPL and these attorneys intentionally discriminated against him in direct violation of NRC requirements under 10 CFR 50.7 by seeking sanctions against him before the NRC Atomic Safety and Licensing Board (ASLB), to prevent him from filing further meritless hearing requests against FPL Group entities.
Specifically, the petitioner requests that the NRC issue a Notice of Violation and imposition of civil penalty in the amount of $100,000 each against FPL, FPL Group, FPL Energy Point Beach LLC, and FPL Energy Seabrook LLC. With respect to the individuals, the petitioner requests that the NRC issue a Notice of Violation and imposition of civil penalty in the amount of $100,000 each against each individual and prohibit them from engaging in any NRC license activities for a period of not less than five-years.
Current Status:
By letter dated October 5, 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.
Licensee: Florida Power and Light Petitioners: Thomas Saporito Date of Petition: September 10, 2008 EDO Number: G20080699 Petition Manager: Tracy Orf Case Attorney: Giovonna Longo Last Contact with Petitioner: TBD Last PRB meeting: TBD Issues/Actions requested:
Petitioner requests enforcement action against Florida Power and Light (FPL) and against an FPL attorney, Mitchell S. Ross, under 10 CFR 2.206. The petitioner seeks enforcement action because he states that FPL and its attorney conspired with the intent to retaliate against him through the filing of a complaint with the Florida Bar because of his engagement in ERA protected activities and in protected activities governed by 10 CFR 50.7.
Specifically, the petitioner requests that the NRC:
A. Issue a Notice of Violation, and imposition of civil penalty in the amount of $100,000 separately against FPL and against the aforementioned FPL attorney to dissuade FPL and the attorney from continuing in violation of the ERA and in violation of NRC requirements under 10 CFR 50.7.
B. To the extent that FPL and its attorney willfully engaged in conduct in violation of the ERA and in violation of NRC requirements under 10 CFR 50.7, the petitioner requests that the FPL attorney of record be sanctioned by the NRC and not allowed to participate in any NRC-related activities in their capacity as an FPL attorney for a period of not less than 5 years.
Current Status:
By letter dated September 10, 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.
Facility: Vermont Yankee Petitioner: Michael Mulligan Date of Petition: September 28, 2008 EDO Number: G20080678 Petition Manager: James Kim Case Attorney: Giovonna Longo Last Contact with Petitioner: TBD Last PRB Meeting: TBD Issues/Actions requested:
The petitioner identified that there are issues of uncertainty of not having a common mode failure with the emergency diesel generators (DG). The engine might be overloaded causing unseen degradation to the pistons and rods. As a result, the NRC should require Entergy to:
A. Reduce the functional and operational load testing limits for the emergency DG to the old limits.
B. Conduct a detailed inspection of both Vermont Yankee DG based on the past common mode DG functional failures of components in the machines.
Current Status:
By letter dated September 28, 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.
Facility: Indian Point, Units 2 and 3 Petitioner: Sherwood Martinelli Date of Petition: October 10, 2008 EDO Number: G20080693 Petition Manager: John Boska/Jennifer Gall Case Attorney: Giovonna Longo Last Contact with Petitioner: 10/14/08 Last PRB Meeting: 10/30/08 Issues/Actions requested:
The petitioner states that it is reasonable to assume that the Indian Point Decommissioning funds have suffered a horrific hit as a result of the stock market crash, leaving inadequate funds in the account, putting them in violation of the NRC 10 CFR rules and regulations. The petitioner requests that the NRC:
A. Order Entergy to take an immediate accounting of Indian Point Decommissioning funds, and report said funds shortcomings to the NRC in a period not to exceed 14 business days.
B. Order Entergy to deposit adequate funds to cover shortfalls within 30 business days after completion of the initial audit.
C. Suspend ALL OPERATIONS at Indian Point until such time as they are in full compliance with NRC Rules and Regulations as relate to Decommission Funds and their adequacy.
The petitioner states that Entergy's Indian Point Reactors Vessel Heads and certain butt and overlap welds are failing, patches giving out, and they are trying to dance around regulations, seek relief from the regulations in a dangerous attempt to operate the reactors at peek performance for an extra 3 and 5 years respectfully until the Reactor Vessel Head replacements can be accomplished... problem is, they are taking this risk outside of the safe operating requirement spelled out in 10 CFR Rules and Regulations, and are trying to get away with this GAMBLE by seeking a wink and a nod RELIEF from the very rules they are VIOLATING AT THIS MOMENT.
A. As a result of these violations, we seek enforcement action that would shut down both IP2 and IP3 until a full and complete examination of the reactor vessel heads and reactor internals can be completed by NRC Staff.
B. Seek enforcement action that would preclude a start up of the reactors until A) NRC has determined that the reactor vessel heads and reactor internals are safe and within the safe operating limits of 10 CFR Rules and Regulations (with granting relief and/or exemptions) or C. Reactors remain in cold storage until such time as reactor vessel head replacement/refurbishment tasks have been fully implemented and signed off on by NRC staff after inspection.
Current Status:
By letter dated October 10, 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.
Facility: Yucca Mountain (NMSS/HLWRS)
Petitioner: James Salsman Date of Petition: September 19, 2008 EDO Number: G20080663 Petition Manager: Mahendra Shah Case Attorney: Giovonna Longo Last Contact with Petitioner: October 28, 2008 Last PRB Meeting: October 16, 2008 Issues/Actions requested:
Following the docketing of the Yucca Mountain (YM) application, on September 19, 2008, the petitioner resubmitted his Emergency 2.206 petition, originally submitted on July 9, 2008, and August 3, 2008, but later withdrawn by the Petitioner.
The following actions were requested on the petition filed on August 3rd:
- 1. 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
- 2. 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:
The petitioner addressed the PRB on October 16, 2008, via teleconference. The petition manager and the PRB members reviewed the transcript and met internally after the teleconference.
The PRB concluded that the petition does not meet the criteria for acceptance under 10 CFR 2.206, because the first request is not a request for NRC enforcement-related action, but is for a licensing action. For the second request, the petitioner has failed to provide sufficient facts that constitute a basis for the requested action. The closure letter for the petition was sent to the petitioner on October 30, 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 09/28/07 12/21/07 02/12/08 TBD TBD The proposed Directors Decision Units 2 and 137 (DD) will reference the successful 3/ Sherwood implementation of the new siren Martinelli - system, which the licensee made FUSE operational on August 27, 2008.
NRR Indian Point 03/30/08 04/16/08 09/15/08 TBD TBD The proposed Directors Decision Units 2 and 175 (DD) will reference the successful 3/ Sherwood implementation of the new siren Martinelli system, which the licensee made operational on August 27, 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