ML11237A013

G20110628/EDATS: OEDO-2011-0582 - Thomas Saporito Ltr. Re Follow-Up to 2.206 - Limerick

ML11237A013
Person / Time
Site:	Limerick
Issue date:	08/20/2011
From:	Saporito T Saprodani Associates
To:	Jaczko G NRC/Chairman
References
G20110628, OEDO-2011-0582
Download: ML11237A013 (7)

Text

EDO Principal Correspondence Control FROM: DUE: / / EDO CONTROL: G20110628 DOC DT: 08/20/11 FINAL REPLY:

Thomas Saporito Saprodani Associates TO:

Chairman Jaczko FOR SIGNATURE OF : ** GRN ** CRC NO:

DESC: ROUTING:

Follow-up to 2.206 - Limerick Borchardt (EDATS: OEDO-2011-0582) Weber Virgilio Ash Mamish OGC/GC DATE: 08/24/11 Dean, RI Burns, OGC ASSIGNED TO: CONTACT: Mensah, NRR Banic, NRR NRR Leeds Scott, OGC Bowman, OEDO SPECIAL INSTRUCTIONS OR REMARKS:

For Appropriate Action.

Ref. G20110570.

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EDATS Number: OEDO-2011-0582 Source: OEDO Ge neala Assigned To: NRR OEDO Due Date: NONE Other Assignees: SECY Due Date: NONE

Subject:

Follow-up to 2.206 - Limerick

Description:

CC Routing: Region[, OGC: Tanya..Mensahiinrc.gov; Merrilee.1Banic@nrc.gov; Catherine.Scort(tnrc.gov ADAMS Accession Numbers - Incoming: NONE Response/Package: NONE IOte

• Inor atio Cross Reference Number: G20110628 Staff Initiated: NO Related Task: Recurring Item: NO File Routing: EDATS Agency Lesson Learned: NO OEDO Monthly Report Item: NO Prcs Ia Infomaio Action Type: Appropriate Action Priority: Medium Sensitivity: None Signature Level: No Signature Required Urgency: NO Approval Level: No Approval Required OEDO Concurrence: NO OCM Concurrence: NO OCA Concurrence: NO Special Instructions: For Appropriate Action.

Ref. G201 10570.

Doumn II Ifration Originator Name: Thomas Saporito Date of Incoming: 8/20/20 11 Originating Organization: Saprodani Associates Document Received by OEDO Date: 8/24/201 I Addressee: Chairman Jaczko Date Response Requested by Originator: NONE Incoming Task Received: Letter Page 1 ofI

OFFICE OF THE SECRETARY CORRESPONDENCE CONTROL TICKET Date Printed: Aug 22, 2011 15:2 7 PAPER NUMBER: LTR-1 1-0499 LOGGING DATE: 08/22/2011 ACTION OFFICE: EDO 6&-fJ, )ao AUTHOR: Thomas Saporito AFFILIATION: FL ADDRESSEE: Gregory Jaczko

SUBJECT:

Limerick Generating Station 2.206 ACTION: Appropriate DISTRIBUTION:

LETTER DATE: 08/20/2011 ACKNOWLEDGED No SPECIAL HANDLING: 2.206 Petition NOTES:

FILE LOCATION: ADAMS DATE DUE: DATE SIGNED:

Post Office Box 8413 Telephone: (561) 972-8363 Jupiter, Florida 33468-8413 thomas@saprodani-associates.com August 20th, 2011 Hon. Gregory B. Jaczko, Chairman U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 In re: NRC, HaroldX Chernoff,Letter DatedAugust17,2011 - 2.206 Petition - Limerick GeneratingStation

Dear Chairman Jaczko:

On this date, the undersigned received a letter dated August 17, 2011, authored by Harold K. Chernoff' (Chemoff), Chief, Plant Licensing Branch I-1, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation for the U.S. Nuclear Regulatory Commission (NRC). The Chernoff letter advises that the NRC staff refused to accept the undersigned's August 1st, 2011, 2.206 Petition filed with the NRC seeking enforcement action against the Limerick Generating Station (LGS) for the sole reason that:

... The license renewalprocess contains an opportunityfor hearingpursuantto 10 CFR 54.27, and hence providesyou with a proceedingthrough which your concerns could be addressed For this reason,your request does not meet the criteriafor acceptance."

Id, at 1.

However, the undersigned' 2.206 petition was filed with the NRC prior to the hearing process identified by the NRC staff. Moreover, the NRC staff is NOT correct in stating that the undersigned's concerns can be addressed via a hearing request under 10 CFR 54.27 - simply because the undersigned does not have requisite standing to intervene in such a proceeding.

Thus, the NRC is required under MD 8.11 to accept the undersigned's August 1st, 2011, petition filed under 10 C.F.R. 2.206 as a matter of law.

Please ORDER your NRC staff to accept the above-referenced petition accordingly.

Kind regards, Senior Consultant 1 A copy of the Chernoff letter is attached.

EDO -- G20110628

REQU 4 UNITED STATES o NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 August 17, 2011 Mr. Thomas Saporito Post Office Box 8413 Jupiter, FL 33468-8413

Dear Mr. Saporito:

Your petition request dated August 1, 2011, and addressed to the Chairman, U.S. Nuclear Regulatory Commission (NRC or the Commission), was referred to the Office of Nuclear Reactor Regulation. Pursuant to Title 10 of the Code of FederalRegulations (10 CFR), Section 2.206 of the Commission's regulations, you requested that the NRC take escalated enforcement action against Exelon Generation Company, LLC, the licensee for Limerick Generating Station (LGS), Units 1 and 2, and deny the licensee's application for renewal of Operating Licenses NPF-39 and NPF-85. As a basis for your request, you indicated the following:

Petitioner contends here that the LGS Units 1 and 2 employ nuclear reactor vessels which have been in operation for a period of years sufficient to cause the metal in the nuclear reactor vessels to become dangerously brittle and subject to cracking or shattering from continued operations and stresses during an extended 20-year period beyond the original safety design basis for which the NRC granted the primary operating licenses identified above. Petitioner contends here that the licensee has not and cannot provide the NRC with sufficient and reliable test data to show that the material condition of the nuclear reactor vessels in question has not degraded and become dangerously brittle; or that continued operations of the nuclear reactors for 20-years beyond the initial 40-year license period will not cause the reactor vessels to crack or shatter and result in a Loss-of-Coolant Accident (LOCA) and cause harm to the health and safety of the public and to the environment at large.

The NRC staff reviewed your request and in accordance with Management Directive (MD) 8.11,

'Review Process for 10 CFR 2.206 Petitions,"the staff has concluded that your request does not meet the criteria for review under 10 CFR 2.206. Per MD 8.11, the NRC will not review a request where there is a proceeding through which a petitioner is, or could be, a party, and through which the petitioners concerns could be addressed. More specifically, MD 8.11 also states that requests to deny a license application or amendment should initially be addressed in the context of the relevant licensing action, not under 10 CFR 2.206. The license renewal process contains an opportunity for hearing pursuant to 10 CFR 54.27, and hence provides you with a proceeding through which your concerns could be addressed. For this reason, your request does not meet the criteria for acceptance.

T. Saporito Thank you for bringing this matter to the attention of the NRC. Please contact Peter Bamford, Project Manager for LGS, Units 1 and 2, if you have any questions regarding this action. Mr.

Bamford may be reached at 301-415-2833.

Sincerely, a.rold K. C/hernoff, Chief Plant Licensing Branch 1-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-352 and 50-353 cc: Distribution via Listserv

Jaegers, Cathy From: saporito3@gmail.com on behalf of Thomas Saporito [thomas@saprodani-associates.com]

Sent: Saturday, August 20, 2011 3:25 PM To: Jaczko, Gregory Cc: Bamford, Peter; DeMiranda, Oscar; Evans, Carolyn; Checkle, Melanie; NRCExecSec Resource

Subject:

(Appeal) Limerick Generating Station - 2.206 petition Attachments: 2011.08.20 Letter to Jaczko.pdf

Dear Chairman Jaczko:

Please find the attached letter in response to NRC Chernoff's letter in connection with the Limerick Generating Station and an enforcement petition filed with the NRC under 10 C.F.R. 2.206 Kind regards, Thomas Saporito, Senior Consultant Email: thomas(d~saprodani-associates.coiim Web: http://Saprodani-Associates.comn Post Office Box 8413, Jupiter, Florida 33468 Phone: (561) 972-8363 Fax: (561) 972-8363 We are an Advocate of GreenPeace USA 1