ML14120A016

OEDO-14-00295 - Mary Lampert Ltr. Request for Documents Regarding the Request for Enforcement Action - Pilgrim Station'S Evacuation Time Estimates

ML14120A016
Person / Time
Site:	Pilgrim
Issue date:	04/18/2014
From:	Lampert M Pilgrim Watch
To:	Satorius M NRC/EDO
Shared Package
ML14120A014	List: ML14120A016
References
OEDO-14-00295
Download: ML14120A016 (4)

Text

April 18, 2014 Mark Satorius Executive Director for Operations U.S. Nuclear Regulatory Commission VIA Email RE: Request for Documents Pilgrim Watch, on behalf of the Petitioners, requests that the following two documents be provided to it:

1. NRCs request to the Southwest Research Institute (SWRI) for review and analysis of ETEs submitted by Pilgrim on December 2012; and

2. The Comments provided by SWRI in response to that request.

As shown below, these two documents are central to PRBs initial recommendation to reject the Petitioners pending petition for review. Review of the documents on which that initial recommendation is said to be based is necessary for the Petitioner meaningfully to participate in the upcoming PRB conference call. The PRB cannot properly make any final determination with respect to the pending petition until the Petitioner has been given the opportunity to review the documents on which the initial recommendation was based.

Facts On August 30, 2013 Pilgrim Watch (hereinafter PW) on behalf of its members , members of the Pilgrim Coalition, Project for Entergy Accountability, Cape Cod Bay Watch, EcoLaw, Beyond Nuclear, Greenpeace, and others requested that the Nuclear Regulatory Commission (NRC) institute a proceeding to modify, suspend or take any other action1 as may be proper to the operating license of Pilgrim Station in order that the NRC can assure Pilgrims Radiological Emergency Plan and Standard Operating Procedures/Guidelines are based on accurate and credible Evacuation Time Estimates (ETEs). A supplement was filed on November 22, 2013.

1 NRC Enforcement actions include: notices of violation, civil penalties, orders, notice of nonconformance, confirmatory action letters, letters of reprimand, and demand for action.

On April 9, 2014 Nadiyah Morgan, Pilgrim Project Manager, informed Mary Lampert, the Petitioner, that:

The PRBs initial recommendation is to reject the petition for review. The PRB noted that the issues raised in regards to Pilgrims Evacuation Time Estimates (ETEs) were addressed by NRCs guidance, NUREG/CR-7002, Criteria for Development of Evacuation Time Estimate Studies and Supplement 3, Guidance for Protective Action Strategies, to NUREG-0654/FEMA-REP-1, Criteria for Preparation and Evaluation of Radiological Emergency Response Plans and Preparedness in Support of Nuclear Power Plants, prepared by the Federal Emergency Management Agency and the NRC. Also, the NRC contracted the Southwest Research Institute - Center for Nuclear Waste Regulatory Analyses (Center) for the completeness review of the ETEs submitted by Pilgrim on December 18, 2012. The NRC staff conducted a review of the comments provide by the Center and found that no further actions were required.

Following the submission of your petition, the NRC staff conducted a subsequent review of the 2012 Pilgrim ETE and found that it was consistent with the guidance contained in NUREG/CR-7002. (Emphasis added)

According to Ms. Morgan, the initial determination was based on four documents. Only two, NUREG/CR-7002 and Supplement 3 appear to be publicly available. On April 9, 2014 Mary Lampert replied to Ms. Morgan and asked for copies of the other two documents that were referenced in the initial determination: SWRIs report, and the NRC request to SWRI.

On April 17, 2014, Ms. Morgan replied that (She) spoke with the staff and was informed that those are internal documents and are not available for public distribution. This supposed justification fails any reasonable analysis. The mere fact that documents are internal and not publicly distributed does not mean that they properly can be withheld from Petitioner here.

The PRBs initial decision rests on a review of the comments provide(d) by the Center and found that no further actions were required. The Petitioner is entitled to know what those comments were, to see the NRC request for the SWRI report, to determine the scope of the report requested, and the report itself. The Petitioner was invited to request a conference call to respond to the preliminary recommendation, and the Petitioner requested such. Not to provide the Petitioner with the documents on which the preliminary recommendation was based mocks the NRC process and makes the purported right to a conference call meaningless.

As it stands, the Petitioner is told nothing about the comments on the basis of which the NRC Staff found that no further actions were required. The August 2013 petition clearly showed that the KLD report was unreliable and got the wrong answers. How staffs review of the SWRI report supposedly justified rejecting the petition simply because the 2012 Pilgrim ETE was consistent with guidance remains a mystery.

2

There are three options.

1. NRC complies with the Petitioners request and provides the requested two documents.

2. The Petitioners enlist the support of its Congressional delegations.

3. The Petitioner FOIAs the documents.

Until the Petitioner has been given the opportunity to review the requested documents, the PRB has no right to make a final determination on the Petition.

We respectfully request a response as to which option the Petitioners should follow. We sincerely hope it will be the simple and straightforward path.

Respectfully Submitted, Mary Lampert Pilgrim Watch Town of Duxbury Nuclear Advisory Committee 148 Washington Street Duxbury, MA 02332 Tel 781.934.0389 Email: mary.lampert@comcast.net Cc. Senators Edward Markey and Elizabeth Warren; Congressman William Keating; Governor Deval Patrick; Ms. Nadyah Morgan 3

From: Mary Lampert To: NRCExecSec Resource Cc: michal freedhoff; Julie_babayon@warren.senate.gov; erin.mcaleer@state.ma.us; Morgan, Nadiyah

Subject:

Request to the EDO from Pilgrim Watch Date: Friday, April 18, 2014 9:53:35 AM Attachments: 04.18.14 PW REQUEST PRB SWRI REPORT AND NRC REQUEST REVIEW.pdf Hello:

Please find attached a request to the EDO from Pilgrim Watch, on behalf of the Petitioners, to provide two documents regarding the Request for Enforcement Action Regarding Pilgrim Stations Evacuation Time Estimates. If you have difficulty downloading the attachment, please call Mary Lampert, petitioner, at 781-934-0389.

Thank you and have a good day.

Mary