ML110840390

G20110130/EDATS: OEDO-2011-0159 - Ltr to Mike Mulligan Re 2.206 - Vermont Yankee/Security Issues

ML110840390
Person / Time
Site:	Vermont Yankee
Issue date:	03/29/2011
From:	Quay T Division of Policy and Rulemaking
To:	Mulligan M - No Known Affiliation
Kim J, NRR/DORL, 415-4125
References
G20110130, OEDO-2011-0159
Download: ML110840390 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON. D.C. 20555-0001 March 29, 2011 Mr. Michael Mulligan P.O. Box 161 Hinsdale, NH 03451

Dear Mr. Mulligan:

Your letter dated February 24, 2011, addressed to Mr. William Borchardt, Executive Director for Operations, has been referred to the Nuclear Regulatory Commission's (NRC) Office of Nuclear Reactor Regulation pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Section 2.206. In your petition, you expressed a concern regarding the Entergy's release of a public relation video detailing security related information of Vermont Yankee Nuclear Power Station (VY) and requested an emergency shutdown of VY.

The Petition Review Board (PRB) met on March 3, 2011, and denied your request for immediate shutdown of VY. The PRB determined that there was no immediate safety concern to the plant or to the public health and safety. The PRB concluded that the video had been edited and controlled by Entergy and there was no release of sensitive or security-related information.

Therefore, the PRB denied the request to immediately shutdown VY. On March 3, 2011, you were informed of the PRB's decision on the immediate action and you requested to address the PRB prior to its initial meeting to provide supplemental information for the PRB's consideration.

By teleconference on March 8, 2011, you provided information to the PRB as further explanation and support for your petition. A transcript of that teleconference, which supplements your petition, has been provided to you and is publicly available in the Agencywide Documents Access and Management System (ADAMS) under Accession No. ML110730373.

The NRC's PRB met on March 14, 2011, to discuss your petition. In addition to the petition, the PRB also considered information you provided via the transcribed teleconference on March 8, 2011. The PRB made an initial recommendation to not accept your petition because your petition did not meet the criteria for review. You stated the video gives visual cues to possible terrorists and represents a vulnerability in the security of VY. The NRC staff has viewed the video and has confirmed that no safeguards/security-related information is contained in the video. Therefore, the PRB concluded that you failed to provide a credible set of facts to warrant further inquiry of this petition.

The NRC staff informed you of the PRB's initial determination on March 22, 2011, and you requested a second opportunity to address the PRB.

On March 28, 2011, you addressed the PRB via a transcribed teleconference in response to the PRB's initial recommendation. The PRB determined that the information you provided pertaining to the release of a public relations video detailing security-related information had already been considered by the PRB.

M. Mulligan -2 The PRB's final determination is to not accept your petition request for review under the 10 CFR 2.206 process because your petition did not meet the criteria for review as stated in NRC Management Directive 8.11, "Review Process for 10 CFR 2.206 Petitions."

Thank you for your interests in these matters.

Sincerely, Theodore R. Quay, Deputy Director Division of Policy and Rulemaking Office of Nuclear Reactor Regulation Docket No. 50-271 cc: Distribution via Listserv

M. Mulligan -2 The PRB's final determination is to not accept your petition request for review under the 10 CFR 2.206 process because your petition did not meet the criteria for review as stated in NRC Management Directive 8.11, "Review Process for 10 CFR 2.206 Petitions."

Thank you for your interests in these matters.

Sincerely,

/ra!

Theodore R. Quay, Deputy Director Division of Policy and Rulemaking Office of Nuclear Reactor Regulation Docket No. 50-271 cc: Distribution via Listserv Docket No. 50-271 cc: Distribution via Listserv DISTRIBUTION: G20110130/EDATS:OEDO-2011-0159 PUBLIC LPL1-1 RlF RidsNrrDorl RidsNrrDorlLpl1-1 RidsNrrPMVermontYankee RidsNrrLAS Little RidsNrrMailCenter RidsNrrOd RidsNrrAdes RidNrrAdro TQuay, DPR RidsOGCRp Resource RidsEDOMailCenter RidsOeMailCenter RidsOiMailCenter RidsOpaMail RidsRgn 1MailCenter RidsOcaMailCenter TMensah DJackson,RI DSpindler, R1 RidsNrrWpcMail Package: ML110840284 Incoming: ML110560562 Response: ML110840390

• Via email OFFICE LPL1-1/PM LPL 1-1/LA R1/BC* LPL 1-1/BC DPR/PM DPRIDD NAME JKim SLittie DJackson NSalgado TMensah TQuay DATE 3/28/11 3/28/11 3/28/11 3/28/11 3/28/11 3/29/11 OFFICIAL RECORD COpy