ML093440334
| ML093440334 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee, River Bend File:NorthStar Vermont Yankee icon.png |
| Issue date: | 12/17/2009 |
| From: | Leeds E Office of Nuclear Reactor Regulation |
| To: | Martinelli S - No Known Affiliation |
| Boska J, NRR, 301-415-2901 | |
| Shared Package | |
| ML093440463 | List: |
| References | |
| 2.206 Petition, EDATS: OEDO-2009-0517, G20090487, G20090722, OEDO-2009-0517, TAC ME2136, TAC ME2137, TAC ME2138, TAC ME2876 | |
| Download: ML093440334 (5) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 December 17, 2009 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 electronic transmission dated August 22, 2009. 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 the Executive Director for Operations (EDO) of the NRC regarding the decommissioning trust funds for Entergy's nuclear power plants. You requested that the NRC suspend the operating license of any Entergy plant with a decommissioning trust fund shortfall, that the NRC take action to ensure that any shortfalls in the decommissioning trust funds be rectified, and that the NRC take certain other actions to ensure the integrity of the decommissioning trust funds. The full text of your request is publicly available on the NRC's Web site, www.nrc.gov, through the Agencywide Documents Access and Management System (ADAMS), using Accession No. ML092400492. The EDO assigned your petition to the Office of Nuclear Reactor Regulation (NRR) for review.
NRR's Petition Review Board (PRB) met on December 8,2009, to consider your petition. The PRB's final recommendation is to accept for review, pursuant to 10 CFR 2.206, those concerns identified in your petition associated with Entergy's Vermont Yankee and River Bend Nuclear Power Plants. The NRC staff's ongoing review indicates that only the decommissioning trust funds for Entergy's Vermont Yankee and River Bend Nuclear Power Plants do not currently meet the funding levels of 10 CFR 50.75, "Reporting and recordkeeping for decommissioning planning." The NRC staff has engaged Entergy to resolve these deficiencies.
As provided by 10 CFR 2.206, we will take action within a reasonable time on your concern. I have assigned Mr. Douglas Pickett to be the petition manager for this petition. Mr. Pickett can be reached at 301-415-1364.
I have referred those allegations of NRC wrongdoing contained in your petition to the NRC Office of the Inspector General.
S. Martinelli
- 2 Enclosed for your information is a copy of the notice (Enclosure 1) that is being filed with the Office of the Federal Register for publication. Also, enclosed for your information is a copy of Management Directive 8.11, "Review Process for 10 CFR 2.206 Petitions," (Enclosure 2) along with the associated brochure NUREG/BR-0200, "Public Petition Process," (Enclosure 3) prepared by the NRC Office of Public Affairs.
Sincerely, r'l/ Uu1{;1 ~ -r-Eric J. Leeds, Director Office of Nuclear Reactor Regulation
Enclosures:
- 1. Federal Register Notice
- 2. MD 8.11
- 3. NUREG/BR-0200 cc w/encl 1: Listserv
7590-01-P U.S. NUCLEAR REGULATORY COMMISSION ENTERGY OPERATIONS, INC.
ENTERGY NUCLEAR OPERATIONS, INC.
ENTERGY GULF STATES LOUISIANA, LLC ENTERGY NUCLEAR VERMONT YANKEE, LLC RIVER BEND STATION, UNIT 1 VERMONT YANKEE NUCLEAR POWER STATION DOCKET NOS. 50-458 AND 50-271 LICENSE NOS. NPF-47 AND DPR-28 RECEIPT OF REQUEST FOR ACTION UNDER 10 CFR 2.206 Notice is hereby given that by petition dated August 22, 2009, Mr. Sherwood Martinelli, the Petitioner, has requested that the U.S. Nuclear Regulatory Commission (NRC) suspend the operating license of any Entergy nuclear power plant with a decommissioning trust fund shortfall, that the NRC take action to ensure that any shortfalls in the decommissioning trust funds be rectified, and that the NRC take certain other actions to ensure the integrity of the decommissioning trust funds.
The request is being evaluated pursuant to 10 CFR 2.206 of the Commission's regulations. The request has been referred to the Director of the Office of Nuclear Reactor Regulation (NRR). The NRC is accepting for review, pursuant to 10 CFR 2.206, those concerns identified in the petition associated with Entergy's Vermont Yankee and River Bend Nuclear Power Plants. The NRC staff's ongoing review indicates that only the decommissioning trust funds for Entergy's Vermont Yankee and River Bend Nuclear Power Plants do not currently meet the funding levels of 10 CFR 50.75, "Reporting and recordkeeping for decommissioning
- 2 planning." As provided by Section 2.206, appropriate action will be taken on this petition within a reasonable time.
A copy of the petition is available for inspection at the NRC's Public Document Room (PDR), located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland, and from the Agencywide Documents Access and Management Systems (ADAMS) Public Electronic Reading Room on the NRC's Web site, http://www.nrc.govlreading-rm/adams.htm/.
under Accession No. ML092400492. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS should contact the NRC PDR Reference staff by telephone at 800-397-4209 or 301-415-4737, or by email to pdr.resource@nrc.gov.
Dated at Rockville, Maryland this 17th day of December 2009.
FOR THE NUCLEAR REGULATORY COMMISSION
~JJl~
/
Michele G. Evans, Acting Director Office of Nuclear Reactor Regulation
S. Martinelli
-2 Enclosed for your information is a copy of the notice (Enclosure 1) that is being filed with the Office of the Federal Register for publication. Also enclosed for your information is a copy of Management Directive 8.11, "Review Process for 10 CFR 2.206 Petitions," (Enclosure 2) along with the associated brochure NUREG/BR-0200, "Public Petition Process," (Enclosure 3) prepared by the NRC Office of Public Affairs.
Sincerely, IRA!
Eric J. Leeds, Director Office of Nuclear Reactor Regulation
Enclosures:
- 1. Federal Register Notice
- 2. MD 8.11
- 3. NUREG/BR-0200 cc w/encl 1: Listserv DISTRIBUTION: G20090487/EDATS: OEDO-2009-0517 PUBLIC LPL1-1 rtf RidsOgcMailCenter RidsAcrsAcnwMailCenter RidsNrrDorlLpl1-1 RidsNrrLASLittle RidsRgn'1 MailCenter TMensah DPickett RidsNrrPMVermontYankee RidsNrrDorl RidsNrrOd RidsOgcMailRoom RidsEdoMailCenter RidsNrrAdes RidsNrrMailCenter RidsAdmMailCenter RidsNrrAdro RidsSecyMailCenter RidsOpaMail RidsOeMailCenter RidsNrrPMRiverBend RidsOigMailCenter RidsOiMailCenter ADAMS Accession Nos.
ML093440463 (Package)
ML092400492 (Incoming petition)
ML093440334 (Acknowledgement Letter)
ML093440494 (Federal Register Notice)
ML041770328 (Manaoement Directive 8.11)
- Via email OFFICE PM/LPL1-1 LAlLPL 1-1 PM/DPR*
Tech Editor*
NAME DPickett SLittie TMensah DForder DATE 12/11/09 12/10/09 12/10/09 12/11/09 OFFICE BC/LPL1-1*
DD/DPR D/DORL D/NRR NAME NSalgado TBlount JGiitter ELeeds (MEvans for)
DATE 12/10/09 12/11/09 12/14/09 12/17/09 OFFICIAL RECORD COpy