ML083110305

G20080682/EDATS: OEDO-2008-0752 - Turkey Point 2.206 Closure Letter to T. Saporito Regarding Inattentive Security Guards

ML083110305
Person / Time
Site:	Turkey Point
Issue date:	11/20/2008
From:	Blount T Division of Policy and Rulemaking
To:	Saporito T Saporito Energy Consultants
Orf, Tracy J.; NRR/DORL 415-2788
References
TAC MD9842
Download: ML083110305 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 November 20, 2008 Mr. Thomas Saporito, President Saporito Energy Consultants Post Office Box 8413 Jupiter, Florida 33468-8413

Dear Mr. Saporito:

Your letter dated September 28, 2008, and addressed to the Executive Director for Operations (EDO), U.S. Nuclear Regulatory Commission (NRC), has been referred to the Office of Nuclear Reactor Regulation (NRR) pursuant to Title 10 of the Code of Federal Regulations (10 CFR)

Section 2.206 of the Commission's regulations. In your letter, you request that the NRC modify FPL's [Florida Power & Light Company's] operating licenses DPR-31 and DPR-41 in such a manner as to require FPL to rotate its nuclear plant security force at the Turkey Point Nuclear Plants ("TPN") on a regular basis to ensure that all security guard posts are relieved every two-hours . ...

You had previously submitted a petition dated April 27, 2008, and addressed to the EDO, which was referred to the NRR pursuant to 10 CFR 2.206 of the Commission's regulations. As the basis for that request, you restated many of the findings of the April 9, 2008, Notice of Violation and Proposed Imposition of Civil Penalty - $130,000 (EA-07-138). Additionally, you cited 10 CFR 73.55 and subparts that provide requirements for physical protection of licensed activities in nuclear power reactors and specific requirements for security guards to be capable of continuous communication with a manned alarm station.

Our petition review board reviewed your submittal and other information, including the transcript of the teleconference in which you participated, in accordance with Management Directive 8.11.

The NRC staff concluded that your submittal did not meet the criteria for consideration under 10 CFR 2.206, and communicated this information to you in a letter dated July 7, 2008. Some of your requests were not accepted into the 10 CFR 2.206 process because they were not for enforcement-type actions. The remaining requests were not accepted because the concerns you raised were already the subject of NRC review and evaluation for which resolution was achieved in EA-07-138, and because you provided no significant new information to warrant reopening or reconsidering that enforcement action.

Similarly in this petition, as the basis for your request, you again refer to the findings of EA-07-138, as well as other ancillary documents. Again, as no new information has been provided to warrant reopening or reconsidering the enforcement action of EA-07-138, there is no basis for accepting your request into the 10 CFR 2.206 process. As stated in our previous correspondence, the NRC staff recognizes that the FPL's forthcoming response to EA-07-138 may yield additional information upon which you may wish to comment or engage the NRC staff.

Although your letters of April 27 and September 28, 2008, have not been accepted for review in the 10 CFR 2.206 process, you may provide comments regarding FPL's response to

T. Saporito Mr. Tracy Ort at U.S. Nuclear Regulatory Commission, One White Flint North, lVIailstop 0-8-G9A, 11555 Rockville Pike, Rockville, lVIaryland 20852-2738.

Thank you for bringing these issues to the attention of the NRC. If you have additional questions, please feel free to contact Mr. Tracy Ort at the above address or at (301) 415-2788.

L_~~~

Thomas B. Blount, Deputy Director Division of Policy and Rulemaking Office of Nuclear Reactor Regulation Docket Nos. 50-250 and 50-251 cc: Distribution via Listserv

T. Saporito Mr. Tracy Ort at U.S. Nuclear Regulatory Commission, One White Flint North, Mailstop 0-8-G9A, 11555 Rockville Pike, Rockville, Maryland 20852-2738.

Thank you for bringing these issues to the attention of the NRC. If you have additional questions, please feel free to contact Mr. Tracy Ort at (301) 415-2788.

Sincerely, IRA!

Thomas B. Blount, Deputy Director Division of Policy and Rulemaking Office of Nuclear Reactor Regulation Docket Nos. 50-250 and 50-251 cc: Distribution via Listserv Distribution: G200806821EDATS: OEDO-2008-0752 PUBLIC RidsNrrLABClayton Resource (hard copy)

PDII-2 R/F RidsOpaMail Resource RidsEdoMailCenter RidsOcaMailCenter Resource RidsNrrOd Resource RidsNrrMailCenter Resource RidsNrrAdes Resource RidsOgcRp Resource RidsNrrAdro Resource RidsRgn2MailCenter Resource RidsNrrDorl Resource TMensah, NRR RidsNrrDorlLpl2-2 Resource GLongo,OGC RidsNrrPMBMozafari Resource TBlount, NRR RidsNrrPMTOrt Resource ADAMS Package Accession No.: ML083110760 GT Accession No.: ML0828404019 Incoming Accession NO.:ML082880226 Closure Letter ADAMS Accession No.: ML083110305 OFFICE LPLlI-2/PM LPLlI-2/PM LPLlI-2/LA LPLlI-2/BC DPR/DD NAME TOrt BMoroney for BClayton TBoyce TBlount BMozafari DATE 11/19/08 11/19/08 11/19/08 11/19/08 11/20/08 OFFICIAL RECORD COpy