ML12079A036

G20120172/EDATS: OEDO-2012-0147 - Paul Gunter E-mail Treatment of FitzPatrick Emergency Enforcement Petition, March 9, 2012

ML12079A036
Person / Time
Site:	FitzPatrick
Issue date:	03/13/2012
From:	Gunter P Beyond Nuclear
To:	Andrea Russell, Bhalchandra Vaidya, George Wilson Office of Nuclear Reactor Regulation
Vaidya, B K
References
2.206, G20120172, OEDO-2012-0147, TAC ME8189, EDATS: OEDO-2012-0147
Download: ML12079A036 (2)

Text

Jaegers, Cathy From: Paul Gunter [paul@beyondnuclear.org] , ( J Sent: Tuesday, March 13, 2012 4:22 PM To: Vaidya, Bhalchandra; Russell, Andrea; Wilson, George C. 1 ' EDO Cc: Jessica Azulay DEDMRT

Subject:

Treatment of FitzPatrick Emergency Enforcement Petition, March 9, 2012 DEDR DEDCM AO Mr. Vaidya, Kl(-

NMAskh6J Thank you for your prompt response.  ! ,M f<fvil The joint petitioners, Beyond Nuclear and the Alliance for a Green Economy (AGREE), wish that the March 9, 2012 petition be processed according to 10 CFR 2.206.

The joint petitioners further appoint petitioner Ms. Jessica Azulay, staffer for AGREE, as their point of contact and joint petitioners' coordinator for all further NRC communications in the matter of the March 9, 2012 petition.

Please direct future NRC communications on this matter by email to:

"Jessica Azulay" <jessicaa~allianceforagreeneconomy.org>

and by telephone: (917) 697-4472 As accorded under NRC Management Directive 8.11, the joint petitioners request the opportunity to address the NRC Petition Review Board to supplement the FitzPatrick emergency enforcement petition. Please contact Ms.

Azulay to arrange the date of the Petition Review Board meeting for the in-person appearances at NRC headquarters as well as by participation through the NRC telephone bridge line.

At this time, the joint petitioners further identify that the NRC Order for modification and installation of a reliable hardened vent as referenced in SECY 2012-0025, also issued on March 9, 2012, does not adequately address the increased risks associated with the day-to-day operations of the FitzPatrick nuclear power plant between now and December 31, 2016. As of March 13, 2012, the joint petitioners also note that the Reliable Hardened Vent Order as prescribed by SECY 2012-0025 has not been yet been made public available.

However, the operator is identified as uniquely refusing to install the Direct Torus Vent System (DTVS), also known as the "reliable hardened wetwell vent," on the Mark I containment structure as recommended in Generic Letter 89-16.

As the petition identifies, the FitzPatrick GE Mark I Boiling Water Reactor is unique from all other operating Mark I reactors in its reliance upon a "pre-existing" containment vent system that deviates from both the guidance of GL 89-16 and the Boiling Water Reactor Owners Group criteria for the DTVS. As to whether or not this deviation is "acceptable" now post-Fukushima and whether or not it unduly risks the public health and safety is the subject matter to which this emergency enforcement petition seeks to address.

Given the non-conservative assumption that we have identified in the petition where the FitzPatrick operator concludes that there are "no likely ignition sources" along this pre-existing vent path that could cause a hydrogen gas detonation under severe accident conditions, we contend places the public health and safety at an undue risk.

The Petitioners reiterate that FitzPatrick's unique circumstances as not having installed the DTVS uniquely requires the agency's prompt att'ention as requested by the joint petitioners. The petitioners contend that the December 31, 2016 date for compliance with the NRC Order for a Reliable Hardened Vent as conveyed in SECY 2012-0025 should not be applied to FitzPatrick's unique reliance upon a pre-existing vent path as it deviates from the aforementioned established guidance and is based on a non-conservative assumption.

We look forward to working with you and your agency on behalf of the public health and safety.

Sincerely, Paul Gunter Paul Gunter, Director Reactor Oversight Project Beyond Nuclear 6930 Carroll Avenue Suite 400 Takoma Park, MD 20912 Tel. 301 270 2209 www.bevondnuclear.or2 2