ML121910227
| ML121910227 | |
| Person / Time | |
|---|---|
| Site: | Pilgrim |
| Issue date: | 08/02/2012 |
| From: | Leeds E Office of Nuclear Reactor Regulation |
| To: | Lampert M Pilgrim Watch |
| Guzman R, NRR/DORL 415-1030 | |
| Shared Package | |
| ML122120005 | List: |
| References | |
| 2.206, G20100454, OEDO-2010-0589, EDATS: OEDO-2010-0589 | |
| Download: ML121910227 (14) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555*0001 August 2,2012 I\IIs. Mary Lampert Pilgrim Watch, Director 148 Washington Street Duxbury, MA 02332
Dear Ms. Lampert:
On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter dated July 19, 2010, and your supplemental letter dated August 6,2010, regarding Entergy Nuclear Operation, Inc.'s (Entergy or the licensee) management of nonenvironmenta"y qualified inaccessible cables and wiring at Pilgrim Nuclear Power Station. Your letters are available from the NRCs Agencywide Documents Access and Management System (ADAMS) in the public Electronic Reading Room on the NRC Web site at http://www.nrc.gov/reading-rm/adams.html under ADAMS Accession Nos. ML102020275 and ML102210411, respectively. In accordance with Management Directive (MD) 8.11, "Review Process for 10 CFR 2.206 Petitions:' the NRC has processed your letters, as supplemented, as a petition for enforcement action under Title 10 of the Code of Federal Regulations (10 CFR), Section 2.206, "Requests for Action under This Subpart;' and assigned the petition to the NRCs Office of Nuclear Reactor Regulation.
On December 13, 2010, you requested a hearing on a contention related to Entergy's management of inaccessible cables in the Pilgrim license renewal proceeding. The Petition Review Board (PRB) met on January 4,2011, and determined that, due to your December 13, 2010, hearing request, your 10 CFR 2.206 petition concerns related to inaccessible cables would be held in abeyance until final disposition of the issues was reached in the Pilgrim license renewal adjudicatory proceeding, consistent with MD 8.11 (Criteria for Petition Evaluation). The NRC informed you of this determination in a letter dated February 23,2011 (ADAMS Accession No. ML103400692). Fo"owing the issuance of Pilgrim's renewed license on May 29,2012, the PRB reconvened on June 5,2012, and made the recommendation to place your petition back in the 10 CFR 2.206 process and accept your petition, in part, for NRC staff review. The PRB petition manager, Mr. Richard Guzman, informed you of this decision on June 6, 2012.
Your July 19, 2010, petition, as supplemented by letter dated August 6, 2010, requested that the NRC take the following actions:
(1) Issue a demand for information order requiring that Entergy demonstrate that all inaccessible cables at Pilgrim are capable of performing their required function, be it safety- or nonsafety-related.
(2) Certify that the location, age, and repair history of all cables (accessible and inaccessible) have been identified.
(3) Ensure that the licensee monitors all cables before continued operation to demonstrate that the cables can perform their design functions.
M. Lampert -2 (4) Ensure that the licensee incorporates in its monitoring program, at a minimum, recommendations for certain aging management guidelines and NRC generic guidance.
(5) Commit to verifying, during the license renewal period, Entergy's implementation through routine baseline inspections.
(6) Commit to a timely upgrade of the regulatory guidance for maintaining cable qualification and the verification that the cables can perform their design functions.
As the basis for your request related to the licensee's management of submerged electrical wires and cables at Pilgrim, you stated that compliance with the NRC's regulations is intended to provide reasonable assurance that an electrical wire failure will neither initiate an accident nor make an accident more severe. You also stated that Pilgrim has a long history of cables being submerged and/or wetted with no verification of the long-term operability that provides reasonable assurance of continued operation of these cables.
On July 28,2010, you requested an opportunity to address the PRB before its initial meeting to provide supplemental information for the PRB's consideration. By teleconference on August 9, 2010, you provided information to the PRB as further explanation and support for the July 19, 2010, petition. A copy of the transcript is available in ADAMS under Accession No. ML102290198.
The PRB considered your petition, including all supplemental information provided as previously described, and made a final recommendation to accept, in part, your petition for review. The following specific issues and concerns from your July 19, 2010, petition, as supplemented during the teleconferences, meet the criteria for review under 10 CFR 2.206.
(1) NRC regulations require that plant owners ensure that electrical wiring is qualified to perform in the environmental conditions experienced during normal operation and during accidents. Pilgrim has no program today as required by NRC regulations to ensure operability of the submerged and/or wetted wires. .
(2) Most electrical cables at Pilgrim have been exposed to significant moisture over the 40 years since initial construction. The wires and possibly the connections and splices inside conduits are designed to operate properly only in a dry environment and are not designed to operate in a moist or wet environment; thus, there is no assurance that these electrical cables will not fail if wet or submerged or previously exposed to moisture.
(3) Wires degrade with age, and the oldest wires are the most susceptible to degradation.
Pilgrim is one of the oldest operating commercial reactors in the country, and the majority of the conduits and wires at Pilgrim were installed during the initial construction.
There are no existing methods to ensure operability, short of visual inspection and/or replacement with cables designed to operate in a wet or submerged environment.
(4) As identified in several pertinent sections of Pilgrim's license renewal application and the safety evaluation report, Pilgrim's aging management program, for the period 2012-2032, is insufficient and does not provide the public with reasonable assurance.
M. Lampert - 3 As required by 10 CFR 2.206, the NRC will act on your petition within a reasonable time.
Mr. Richard Guzman has been assigned as the petition manager for your petition. He can be reached at 301-415-1030. I have enclosed for your information a copy of the notice that the NRC is filing with the Office of the Federal Register for publication. I have also enclosed for your information a copy of the brochure NUREG/BR-0200, Revision 5, "Public Petition Process,"
dated February 1, 2003, prepared by the NRC's Office of Public Affairs.
Sincerely, Eric J. L ds, Director Office of Nuclear Reactor Regulation Docket No. 50-293
Enclosures:
- 1. Federal Register Notice
- 2. NUREG/BR-0200 cc w/encl: Distribution via Listserv
Enclosure 1 Federal Register Notice Request for Action under 10 CFR 2.206 ADAMS Accession No. ML103430336
[7590-01-P]
NUCLEAR REGULATORY COMMISSION ENTERGY NUCLEAR OPERATIONS, INC.
PILGRIM NUCLEAR POWER STATION DOCKET NO. 50-293
[NRC-2010-0xxxJ LICENSE NO. DPR-35 RECEIPT OF REQUEST FOR ACTION UNDER 10 CFR 2.206 Notice is hereby given that by petition dated July 19, 2010, as supplemented by letter dated August 6, 2010, Ms. Mary Lampert (the Petitioner) has requested that pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Section 2.206, "Requests for Action under this Subpart," the U.S. Nuclear Regulatory Commission (NRC) take action with regard to the Pilgrim Nuclear Power Station (Pilgrim). The Petitioner requested that the NRC take the following actions: (1) issue a Demand for Information Order requiring that Entergy Nuclear Operations, Inc. (Entergy or the licensee) demonstrate that all inaccessible cables at Pilgrim are capable of performing their required function, be it safety- or nonsafety-related, (2) certify that the location, age, and repair history of all cables (accessible and inaccessible) have been identified, (3) ensure that the licensee monitors all cables before continued operation to demonstrate that the cables can perform their design functions, (4) ensure that the licensee incorporates in its monitoring program, at a minimum, recommendations for certain aging management guidelines and NRC generic guidance, (5) commit to verifying, during the license renewal period, Entergy's implementation through routine baseline inspections, and (6) commit to a timely upgrade of the regulatory guidance for maintaining cable qualification and the verification that the cables can perform their design functions.
- 2 The NRC's Petition Review Board initially met on November 4, 2010, and later reconvened on June 4, 2012, considered the petition, including all supplemental information provided as previously described, and made a final recommendation to accept the petition for review, in part. The following specific issues and concerns identified in the July 19, 2010, petition and/or supplemented during the teleconferences meet the criteria for review under 10 CFR 2.206, and are being accepted for review:
(1) NRC regulations require that plant owners ensure that electrical wiring is qualified to perform in the environmental conditions experienced during normal operation and during accidents. Pilgrim has no program today as required by NRC regulations to ensure operability of the submerged and/or wetted wires.
(2) Most electrical cables at Pilgrim have been exposed to significant moisture over the past 40 years since initial construction. The wires and possibly the connections and splices inside conduits are designed to operate properly only in a dry environment and not designed to operate in a moist or wet environment; thus, there is no assurance that they will not fail if wet or submerged or previously exposed to moisture.
(3) Wires degrade with age, and the oldest wires are the most susceptible to degradation.
Pilgrim is one of the oldest operating commercial reactors in the country, and the majority of the conduits and wires at Pilgrim were installed during the initial construction. There are no existing methods to ensure operability, short of visual inspection and/or replacement with cables designed to operate in a wet or submerged environment.
(4) As identified in several pertinent sections of Pilgrim's license renewal application and the safety evaluation report, Pilgrim's aging management program, for the period 2012-2032, is insufficient and does not provide the public with reasonable assurance.
The NRC is treating the request under 10 CFR 2.206 of the Commission's regulations.
The request has been referred to the Director of the Office of Nuclear Reactor Regulation. As
- 3 provided by 10 CFR 2.206, the NRC will take appropriate action on this petition within a reasonable time.
A copy of the petition is available to the public from the NRC's Agencywide Documents Access and Management System (ADAMS) in the public Electronic Reading Room on the NRC Web site at http://www.nrc.gov/reading-rm/adams.htmlunder ADAMS Accession No. ML102020275, and are available for inspection at the Commission's Public Document Room, located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland.
Dated at Rockville, Maryland this ~ th day of August 2012.
FOR THE NUCLEAR REGULATORY COMMISSION.
~
Eric J. L eds, Director, Office of Nuclear Reactor Regulation.
Enclosure 2 NUREG/BR-0200 Public Petition Process ADAMS Accession No. ML050900248
After receiving a request, NRC determines Director's Dedslon Introductloo before the PRB meets to discuss the petition. The second opportunity comes whether the request qualifies as a 2.206 The NRC's official response to a 2.206 petition The U.S. Nuclear Regulatory Commission after the PRB has discussed the merits of petition. If the request is accepted for review is a written decision by the director of the (NRC) was established in 1975 to protect the petition and allows the petitioner to as a 2.206 petition, the NRC sends an appropriate office Ihat addresses the concerns public health and safety in the civilian use of comment on the PRB's recommendations acknowledgment leller to the petitioner and a raised in the petition. The agency's goal is to nuclear power and materials in the United regarding acceptan~.. of the petition and copy to the appropriate licensee and publishes issue a proposed decision for comment within States. As pan of its responsibililies. NRC any requests for immediate action. a notice in the Federal Regisler. If the request 120 days from the date oflbe acknowledgment
..",esses all potential health and safety issues is not accepted, NRC notifies the petitioner of leiter. However, additional time may be needed related to licensed activities and encourages
- Offering an opportunity for a staff* its decision and indicates that the petitioner's 10 conduct an invesligation. complete an members of the public to bring safety issues petitioner* licensee meeting to discuss the underlying safety concerns will be considered inspection, or analyze panicularly complex to its attenlion. details of the issue during the course of outside the 2.206 process. technical i",sues.1f the goal is not mel. the NRC the review. staff will promptly inform the petitioner of a Section 2.206 of Title 10 of the Code of On the basis of an evaluation of the pelition.
Federal Regu/U(ions ( 10 CFR 2.2(6) describes o Providing better, more frequent commu the appropriate office director issues a decision schedule change.
the petition process-the primary mechanism nications hetween the staff and petitioner and. if warranted. NRC takes appropriate The director's decision includes the for the poblic to request enforcement action throughout the process. enforcement action. Throughout the evaluation professional staff's evaluation of all pertinent hy NRC in a public process.* This process
- Providing copies of all peninent petition process. NRC sends copies of all pertinent information from the petition. correspondence permits anyone 10 petition NRC to take related correspondence and other doc correspondence to the petitioner and the with the petitioner and the licensee.
enforcement action related to NRC licensees uments to the petitioners. affected licensee. NRC places all related inlhrmillion from any meeting. results of any or licensed activities. Depending on the results correspondence in its Public Document Room investigation or inspection. and any other of its evaluation. NRC could modify, suspend.
- Providing a copy of the proposed (PDR) in Rocllville. Maryland. and in the document. related to petition issues. Following or rcvoke an NRC* issued license or take any director's decision on the petition. both to agency document control system. However. resolution of any comments received on the other appropriate enforcement action to the petitioner and the affected licensee t(" the agency withholds information Ihat would proposed decision. the director's decision is resolve a problem. Requests that raise health comments. and considering such comment' compromise an investigation or ongoing provided to the petitioner and the licensee. and and safety issues without requesting before issuing the decision in final form. enforcement action relating to issues in the "posted to NRC'. web site and made available enforcement action are reviewed by means on. The NRC also sends the petitioner in the PDR. A notice of availability is other than the 2.206 process. intormalion such as pertinent generic puhlished in the Federal Regi"ter.
The Petition Process letters and bulletins.
In its elfon to improve puhlic confidence. the [)irector'sdedsions may he issued as follows:
NRC periodically reassesses the 2.206 petition The 2.206 process provides a simple, etTeclive The NRC notifies the pt.'litioner of the petition" process to enhance its effectiveness. timeliness mechanism for anyone to request enforcement slatus every 60 days. or more frequently if a
- A decision granting a petition, in full.
and credihility. As pan ofthese reas~smenl'. action and obtain NRC', prompt, thorough, significant action occurs. Monthly updates on explains the basis for the decision and the NRC seeks feedhack Irom petitioners and and objective evaluation of underlying safety all pending 2.206 petitions are available on granlli the action requested in the petition other slakeholders through public meetings issues. It is separate and distinct from the NRC's web site at hl!j!;!!www.nrc.!lov! (e.g .. NRC issuing an order to modify.
and workshops. surveys and Federal Regis,,, processes for rulemaking and licensing. readine-rmldoc-colleclions/petjtions.2*2061 suspend. or revoke a license).
notices, as well as from ils own staff although they too allow the public to raise ~. and in the PDR.
- A decision denying a petition. in full.
experience. Specific improvements 10 the safety concerns to NRC. provides the reason for the denial and 2.206 process resulting from these initialives Under the 2.206 process, the petitioner submits Petition Technical Review Meeting discusses all mailers raised in lhe petition.
include: a request in writing to NRC's Executive A petition technical review meeting serves not
- A decision granting a petition. in part. in
- OtTering petitioners two opportunities to DireclOr for Operations, identifying the only as a source of potentially valuahle cases where tbe NRC decides nO! to grant discuss the petition with the NRC, affected licensee or licensed activity, Ihe information for NRC to evaluate a 2.206 the action requested, but rakes other petition review board (PRB). The first is requested enforcement action to be taken, and petition, nut also affords the pctilioner appropriate enforcement action or directs to allow the petitioner 10 provide the facts the petitioner believes provide subsmnt;ve involvement in the review and the licensee to take certain actions that elaboration and clarification of the petition sufficient grounds for NRC to take decision* making process through direct address the identified safety concerns.
enforcement Il£tion. Unsupported assertions of discussions with NRC and the licensee. Such "safety problems," general opposition to a meeting will be held whenever the staff
- A paniol direclOr'sdecision may be issued
-'n1e NRC abo ha.. an allepJion prut<<.\ tn 'IIIhtd, itwiividtW" nuclear power, or identification of safely issues helieves that it would be beneficial to the by the NRC in cases where some of the who raise po\t:fl[td .....(ely COl\Ct'fllS for NRC review are without seeking enforcement action are not review of the petition. Note that the meeting issues a,"ociated with the petition can be aITt)rdC'd a degree or prOlcctioft of their jdenlWf. Other considered sufficient grounds for can be offered at any time during NRC's review completed promptly but Significant proceiKS for public IRvolvement a~ bJUed III tht- end (Jr thil' considemtion as a 2.206 petition. schedule delays are anticipated hefore of a petition and is open to punlic observation.
pamphlet.
resolution of the entire petition. A final applies not only to the initial licensing director's decision is issued at the actions but also to license amendments conclusion of the effort. and other activities such as decom missioning and license renewals.
The Commission will not entertain requests for review of a director's decision. However,
- For major regulatory actions involving on its own, it may review a decision within 25 preparation of environmental impact calendar days. statements, NRC offers separate opportunities for public participation in its NRC Management Directive 8.11. "Review environmental proceedings.
Process for] 0 CFR 2.206 Petitions," contains more detailed information on citizen petitions.
- The public can attend a number of For a free copy of the directive. write to the meetings including open Commission and Superintendent of Documents. U.S. staff meetings, periodic media briefings Government Printing Office, P.O. Box 37082, by Regional Administrators, and special Washington, DC 200 13-7082. or call 202 meetings held near affected facilities to 512-1800. inform local communities and respond to their questions.
More information on these activities can be Electronic Access found in NRC's pamphlet entitled, "Public
- Those parts of the monthly status report on lnvolvement in the Nuclear Regulatory 2.206 petitions that are not of a sensitive Process," NUREGIBR-0215.
nature, as well as recently issued director's decisions, and Management Directive 8.11. are placed on the NRC's web site at bJ.tJlJL www.nrc*aov/reading-rm/doc-colJections/
pelitions-2-2061index.html and in the agency's Public Document Room.
Other Processes for Public Involvement In addition to the 2.206 petition process, NRC has several other ways that permit the public to express concerns on matters related to the NRC's regulatory activities.
- The NRC's allegation process affords individuals who raise safety concerns a degree of protection of their identity.
- Under the provisions of 10 CFR 2.802.
NRC provides an opportunity for the public to petition the agency for a rulemaking .
- The NRC's licensing process offers members of the public. who are specificaUy affected by a licensing action.
an opportunity to formalJy participate in licensing proceedings. This process
Office of Public Affairs U. S. Nuclear Regulatory Commission Washington, DC 20555-0001 Telephone 301-415-8200 or 1-800-368-5642 NUREG/BR-0200, Rev. 5 February 2003
Package: ML122120005 Incoming: ML102020275 Letter: ML121910227; Federal Register Notice: ML103430336 NUREG/BR-0200: ML050900248 *Concurrence via e-mail
~FFICE ILPL1-lIPM LPL 1-1/LA Tech Editor* R1/BC* iLPL 1-1/BC I LNAME
- RGuzman KGoldstein CHsu RBeliamy (TSetzer for) GWilson I I
I DATE 7/9/12 7111112 719/12 7/11/12 7/13/12 r'
OFFICE OGC DEIDD DORUD NRR/OD NAME MLemoncelli MCheok MEvans (LLund for) ELeeds DATE 7/18/12 7/19/12 7/26/12 8/2112 Letter to Mary Lampert from Eric Leeds dated August 2, 2012.
SUBJECT:
2.206 PETITION FOR PILGRIM NUCLEAR POWER STATION DISTRI BUTION: G201 00454/EDATS: OEDO-2010-0589 PUBLIC LPL 1-1 R/F RidsNrrDorl RidsNrrDorlLpl1-1 RidsNrrDpr RidsNrrPMPilgrim RidsNrrLAKGoldstein MCheok MBanic RidsAcrsAcnwMailCenter RidsNrrMailCenter RidsOgcRp RidsOgcMailCenter RidsEdoMailCenter RidsOpaMail RidsRgn1 MailCenter RidsNrrOd RidsOeMailCenter RidsOcaMailCenter RidsOIGMailCenter