ML16083A245
| ML16083A245 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 03/23/2016 |
| From: | John Lamb Plant Licensing Branch 1 |
| To: | Gavutis S C-10 Research & Education Foundation |
| References | |
| Download: ML16083A245 (3) | |
Text
NRR-PMDAPEm Resource From: Lamb, John Sent: Wednesday, March 23, 2016 10:00 AM To: sgavutis@gmail.com Cc: Debbie Grinnell (debbie@c-10.org); Deborah Grinnell (grinnelldebbie2@gmail.com)
Subject:
PRB Initial Recommendation regarding C-10's 2.206 Petition Importance: High Sandra Gavutis, Executive Director C-10 Research & Education Foundation 44 Merrimac Street Newburyport, MA 01950
Dear Ms. Gavutis:
My name is John G. Lamb, the senior project manager for Seabrook Station, Unit 1 (Seabrook) at the U.S.
Nuclear Regulatory Commission (NRC). I have been assigned as the Petition Manager for the Title 10 of the Code of Federal Regulations (10 CFR), Section 2.206, Requests for action under this subpart, petition you submitted to the NRC on December 22, 2015 (Agencywide Documents and Access Management System (ADAMS) Accession No. ML16006A002), regarding your concerns of the alkali silica reaction (ASR) in the concrete structures at Seabrook. As the basis for your request, you state that C-10 Research & Education Foundation (C-10) has studied the ASR and C-10 concludes that its presence at Seabrook is inimical to public health and safety.
Your petition was supplemented by email comments from David Lochbaum of the Union of Concerned Scientists (UCS), dated February 12, 2016 (ADAMS Accession No. ML16043A486), email comments from Paul Brown, dated February 14, 2016 (ADAMS Accession No. ML16047A020), and email comments by C-10 dated February 15, 2016 (ADAMS Accession No. ML16047A021). A teleconference was held on February 16, 2016, where C-10 provided additional information to the Petition Review Board (PRB). This teleconference was transcribed and added as a supplement to the petition. The transcript is located in ADAMS Accession No. ML16055A394.
The licensee provided a voluntary response to your petition by letter dated February 23, 2016 (ADAMS Accession No. ML16056A083).
Section 2.206 of 10 CFR describes the petition process - the primary mechanism for the public to request enforcement action by the NRC in a public process. This process permits anyone to petition NRC to take enforcement-type action related to NRC licensees or licensed activities.
Depending on the results of its evaluation, NRC could modify, suspend or revoke an NRC-issued license or take any other appropriate enforcement action to resolve a problem. The NRC staffs guidance for the disposition of 2.206 petition requests is in Management Directive (MD) 8.11, which is available to the public (ADAMS Accession No. ML041770328).
Your request was handled as a 2.206 petition as it specifically requested the NRC take an enforcement action.
C-10 requested that the NRC issue an order to the licensee of the Seabrook requiring immediate implementation and enforcement of American Concrete Institute (ACI) 349.3R, Evaluation of Existing Nuclear Safety-Related Concrete Structures, and American Society for Testing & Materials (ASTM) C856-11, Standard Practice for Petrographic Examination of Hardened Concrete, code standards requiring core sampling, and petrographic testing for the mechanical properties of tensile strength, Poissons ratio, modulus 1
of elasticity, and compressive strength specifically for walls of the Containment Building and Spent Fuel Pool at Seabrook.
The PRB has made an initial recommendation that your petition meets the criteria for rejection in accordance with MD 8.11,Section III.C.2, Criteria for Rejecting Petitions Under 10 CFR 2.206. Specifically, the fourth criteria for rejection is The request addresses deficiencies within existing NRC rules. Therefore, the PRB initial recommendation is your petition will not be accepted for review under 2.206, because the 2.206 petition requests that the NRC immediately implement industry standards: ACI 349.3R and ASTM C 856-11. As you stated in your petition, ACI 349.3R and ASTM C856-11 are not currently legal requirements imposed by the NRC in 10 CFR Part 50. Rather, your petition argues for adoption and enforcement of these standards. This request for revisions to existing NRC rules is properly handled through a petition for rulemaking As you know, by letter dated September 25, 2015, you submitted a petition for rulemaking (PRM-50-109) pursuant to 10 CFR 2.802 to request the NRC to amend its regulations to (1) require that all licensees comply with ACI 349.3R, and (2) require that all licensees comply with ASTM C856-11. For your information. ASTM C856-11 has been superseded by ASTM C856-14. As you know, PRM-50-109 is still under NRC review.
In accordance with NRC MD 8.11, you have the opportunity to address the NRC PRB, either in person at the NRC Headquarters in Rockville, MD, or by telephone conference.
Please advise me if you would like to address the PRB by April 6, 2016. If you would like to meet in person, I will need to schedule a formal public meeting at the NRC Headquarters at least 10 days prior to the public meeting. If you would prefer to address the PRB via phone, which would be a non-public call, I will also work with you to coordinate a date/time during the upcoming weeks.
Thank you, John G. Lamb Senior Project Manager Plant Licensing Branch LPL1-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation 2
Hearing Identifier: NRR_PMDA Email Number: 2729 Mail Envelope Properties (John.Lamb@nrc.gov20160323100000)
Subject:
PRB Initial Recommendation regarding C-10's 2.206 Petition Sent Date: 3/23/2016 10:00:14 AM Received Date: 3/23/2016 10:00:00 AM From: Lamb, John Created By: John.Lamb@nrc.gov Recipients:
"Debbie Grinnell (debbie@c-10.org)" <debbie@c-10.org>
Tracking Status: None "Deborah Grinnell (grinnelldebbie2@gmail.com)" <grinnelldebbie2@gmail.com>
Tracking Status: None "sgavutis@gmail.com" <sgavutis@gmail.com>
Tracking Status: None Post Office:
Files Size Date & Time MESSAGE 5046 3/23/2016 10:00:00 AM Options Priority: High Return Notification: No Reply Requested: No Sensitivity: Normal Expiration Date:
Recipients Received:
NRR-PMDAPEm Resource From: Lamb, John Sent: Wednesday, March 23, 2016 10:00 AM To: sgavutis@gmail.com Cc: Debbie Grinnell (debbie@c-10.org); Deborah Grinnell (grinnelldebbie2@gmail.com)
Subject:
PRB Initial Recommendation regarding C-10's 2.206 Petition Importance: High Sandra Gavutis, Executive Director C-10 Research & Education Foundation 44 Merrimac Street Newburyport, MA 01950
Dear Ms. Gavutis:
My name is John G. Lamb, the senior project manager for Seabrook Station, Unit 1 (Seabrook) at the U.S.
Nuclear Regulatory Commission (NRC). I have been assigned as the Petition Manager for the Title 10 of the Code of Federal Regulations (10 CFR), Section 2.206, Requests for action under this subpart, petition you submitted to the NRC on December 22, 2015 (Agencywide Documents and Access Management System (ADAMS) Accession No. ML16006A002), regarding your concerns of the alkali silica reaction (ASR) in the concrete structures at Seabrook. As the basis for your request, you state that C-10 Research & Education Foundation (C-10) has studied the ASR and C-10 concludes that its presence at Seabrook is inimical to public health and safety.
Your petition was supplemented by email comments from David Lochbaum of the Union of Concerned Scientists (UCS), dated February 12, 2016 (ADAMS Accession No. ML16043A486), email comments from Paul Brown, dated February 14, 2016 (ADAMS Accession No. ML16047A020), and email comments by C-10 dated February 15, 2016 (ADAMS Accession No. ML16047A021). A teleconference was held on February 16, 2016, where C-10 provided additional information to the Petition Review Board (PRB). This teleconference was transcribed and added as a supplement to the petition. The transcript is located in ADAMS Accession No. ML16055A394.
The licensee provided a voluntary response to your petition by letter dated February 23, 2016 (ADAMS Accession No. ML16056A083).
Section 2.206 of 10 CFR describes the petition process - the primary mechanism for the public to request enforcement action by the NRC in a public process. This process permits anyone to petition NRC to take enforcement-type action related to NRC licensees or licensed activities.
Depending on the results of its evaluation, NRC could modify, suspend or revoke an NRC-issued license or take any other appropriate enforcement action to resolve a problem. The NRC staffs guidance for the disposition of 2.206 petition requests is in Management Directive (MD) 8.11, which is available to the public (ADAMS Accession No. ML041770328).
Your request was handled as a 2.206 petition as it specifically requested the NRC take an enforcement action.
C-10 requested that the NRC issue an order to the licensee of the Seabrook requiring immediate implementation and enforcement of American Concrete Institute (ACI) 349.3R, Evaluation of Existing Nuclear Safety-Related Concrete Structures, and American Society for Testing & Materials (ASTM) C856-11, Standard Practice for Petrographic Examination of Hardened Concrete, code standards requiring core sampling, and petrographic testing for the mechanical properties of tensile strength, Poissons ratio, modulus 1
of elasticity, and compressive strength specifically for walls of the Containment Building and Spent Fuel Pool at Seabrook.
The PRB has made an initial recommendation that your petition meets the criteria for rejection in accordance with MD 8.11,Section III.C.2, Criteria for Rejecting Petitions Under 10 CFR 2.206. Specifically, the fourth criteria for rejection is The request addresses deficiencies within existing NRC rules. Therefore, the PRB initial recommendation is your petition will not be accepted for review under 2.206, because the 2.206 petition requests that the NRC immediately implement industry standards: ACI 349.3R and ASTM C 856-11. As you stated in your petition, ACI 349.3R and ASTM C856-11 are not currently legal requirements imposed by the NRC in 10 CFR Part 50. Rather, your petition argues for adoption and enforcement of these standards. This request for revisions to existing NRC rules is properly handled through a petition for rulemaking As you know, by letter dated September 25, 2015, you submitted a petition for rulemaking (PRM-50-109) pursuant to 10 CFR 2.802 to request the NRC to amend its regulations to (1) require that all licensees comply with ACI 349.3R, and (2) require that all licensees comply with ASTM C856-11. For your information. ASTM C856-11 has been superseded by ASTM C856-14. As you know, PRM-50-109 is still under NRC review.
In accordance with NRC MD 8.11, you have the opportunity to address the NRC PRB, either in person at the NRC Headquarters in Rockville, MD, or by telephone conference.
Please advise me if you would like to address the PRB by April 6, 2016. If you would like to meet in person, I will need to schedule a formal public meeting at the NRC Headquarters at least 10 days prior to the public meeting. If you would prefer to address the PRB via phone, which would be a non-public call, I will also work with you to coordinate a date/time during the upcoming weeks.
Thank you, John G. Lamb Senior Project Manager Plant Licensing Branch LPL1-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation 2
Hearing Identifier: NRR_PMDA Email Number: 2729 Mail Envelope Properties (John.Lamb@nrc.gov20160323100000)
Subject:
PRB Initial Recommendation regarding C-10's 2.206 Petition Sent Date: 3/23/2016 10:00:14 AM Received Date: 3/23/2016 10:00:00 AM From: Lamb, John Created By: John.Lamb@nrc.gov Recipients:
"Debbie Grinnell (debbie@c-10.org)" <debbie@c-10.org>
Tracking Status: None "Deborah Grinnell (grinnelldebbie2@gmail.com)" <grinnelldebbie2@gmail.com>
Tracking Status: None "sgavutis@gmail.com" <sgavutis@gmail.com>
Tracking Status: None Post Office:
Files Size Date & Time MESSAGE 5046 3/23/2016 10:00:00 AM Options Priority: High Return Notification: No Reply Requested: No Sensitivity: Normal Expiration Date:
Recipients Received: