ML100420040
| ML100420040 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 02/16/2010 |
| From: | Blount T Division of Policy and Rulemaking |
| To: | Tom Gurdziel - No Known Affiliation |
| Guzman R, NRR/DORL, 415-1030 | |
| References | |
| 2.206, G20100014, OEDO-2010-0010, TAC ME3062, TAC ME3063 | |
| Download: ML100420040 (3) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 February 16, 2010 Mr. Thomas Gurdziel 9 Twin Orchard Drive Oswego, NY 13126
Dear Mr. Gurdziel:
In your letter to the Executive Director for Operations (EDO) of the Nuclear Regulatory Commission (NRC), dated January 2, 2010, you requested pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.206 of the NRC's regulations, that Indian Point Nuclear Generating Unit Nos. 2 and 3 licensed power level be reduced by 10% per month if the cause(s) of the recent failure of the Entergyllndian Point siren system to sound all sirens in Putnam County is not identified and corrective actions fully taken in 30 days from the event failure. Your petition was referred to the Office of Nuclear Reactor Regulation (NRR). As the basis for your request, you noted in your petition and in an e-mail dated January 14, 2010, that Entergy Nuclear Operations, Inc. (Entergy), the licensee for Indian Point Nuclear Generating Unit Nos. 1, 2, and 3, does not have an approved siren system to provide public health and safety, and is not meeting the January 31, 2006, Confirmatory Order. In your letter dated January 7,2010, addressed to the EDO, you referenced NRC Inspection Report 05000286/2006002 and requested the NRC to determine if siren failures were properly inspected, properly reported, and properly acted upon, and if needed, determine if any inspections of any Entergyllndian Point siren system have been inappropriately handled by the NRC.
The NRC Petition Review Board (PRB) has considered your petition request. The PRB has concluded that your submittal dated January 2, 2010, as supplemented on January 14, 2010, does not meet the criteria for consideration under 10 CFR 2.206 because you did not set forth facts sufficient to constitute a basis for the requested action. Specifically, you have provided no additional information to indicate that Entergy's siren failures created adverse conditions which would warrant an NRC-imposed power derating or shutdown. Furthermore, you have provided no new information to identify any violation of NRC requirements that would warrant a plant power reduction or shutdown. The NRC staff informed you of this determination on January 14 and 26,2010. In your response, you indicated that you did not want to meet with the PRB on this matter. The NRC closed Orders to Entergy on the siren system by letter dated March 3, 2009 (Agencywide Documents Access and Management System Accession No. ML090620457). The NRC now provides oversight of the siren system under the reactor oversight program and the baseline inspection program.
Your January 7, 2010, letter requesting the NRC to review its actions from a previous inspection report is not accepted for review pursuant to 10 CFR 2.206, as it does not request an enforcement-related action. The PRB, however, has forwarded your letter to NRC Region 1, and the Division of Reactor Safety will be responding to your inquiries under a separate correspondence. The PRB has also referred your letter to the NRC Office of the Inspector General, who is charged with investigating claims of misconduct by NRC employees.
T. Gurdziel
- 2 The NRC recognizes that the performance of Entergy's new siren system raises concerns in the community. The NRC notes that the new siren system at Indian Point remains operable and is capable of alerting the public of an event at the plant. In the event of siren failures, alternate measures are in place to ensure the public is notified. The NRC concludes there is reasonable assurance that adequate protective measures can and will be taken in the event of a radiological emergency in terms of alerting the public. NRC Region I will continue to provide oversight of the siren system, and will ensure Entergy continues to meet NRC requirements for siren systems. To view the performance indicator for the Indian Point siren system on the NRC's website, go to http://www.nrc.gov/info-finder/reactor/ip2.html. select "Current Performance Summary," and then select "Alert and Notification System."
Thank you for your interest in these matters.
Thomas B. Blount, Deputy Director Division of Policy and Rulemaking Office of Nuclear Reactor Regulation Docket Nos. 50-247 and 50-286 cc: Distribution via Listserv
T. Gurdziel
- 2 The NRC recognizes that the performance of Entergy's new siren system raises concerns in the community. The NRC notes that the new siren system at Indian Point remains operable and is capable of alerting the public of an event at the plant. In the event of siren failures, alternate measures are in place to ensure the public is notified. The NRC concludes there is reasonable assurance that adequate protective measures can and will be taken in the event of a radiological emergency in terms of alerting the public. NRC Region I will continue to provide oversight of the siren system, and will ensure Entergy continues to meet NRC requirements for siren systems. To view the performance indicator for the Indian Point siren system on the NRC's website, go to http://www.nrc.gov/info-finder/reactor/ip2.html. select "Current Performance Summary," and then select "Alert and Notification System."
Thank you for your interest in these matters.
Sincerely, IRAI Thomas B. Blount, Deputy Director Division of Policy and Rulemaking Office of Nuclear Reactor Regulation Docket Nos. 50-247 and 50-286 cc: Distribution via Listserv DISTRIBUTION: G20100014 EDATS: OEDO-2010-0010 Public LPL1-1 R/F RidsNrrOd Resource RidsNrrDorlLpl1-1 Resource RidsNrrPMlndianPoint Resource RidsNrrPMNineMilePoint Resource RidsNrrLASLittle Resource RidsNrrDorlDpr Resource RidsOgcRp Resource RidsNrrDorl Resource RidsOGCMailCenter Resource RidsNrrMailCenter Resource RidsRgn1 MailCenter Resource RidsAcrsAcnw&mMailCenter Resource RidsEDOMailcenter Resource RidsOpaMail Resource T. Quay, NRR T. Mensah, NRR J. Trapp, RI R. Kahler, NSIR Package: ML100430001 Incoming: ML100120278 Letter' ML100420040
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DD/DPR NAME RGuzman SLittle JTrapp NSalQado TBlount DATE 2/16/10 2/12/10 2/14/10 2/16/10 2/16/10 Official Record Copy
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