ML16202A001

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OEDO-16-00436: Initial Contact with D. Lochbaum on 2.206 Petition Apparent 50.9 Violation at Diablo Canyon Nuclear Power Plant
ML16202A001
Person / Time
Site: Diablo Canyon  Pacific Gas & Electric icon.png
Issue date: 07/19/2016
From: Watford M
Plant Licensing Branch IV
To: Lochbaum D
Union of Concerned Scientists
Watford M
References
CAC MF8123, CAC MF8124, OEDO-16-00436
Download: ML16202A001 (1)


Text

Burkhardt, Janet From: Watford, Margaret Sent: Tuesday, July 19, 2016 4:41 PM To: dlochbaum@ucsusa.org Cc: Singal, Balwant

Subject:

Initial Information on 2.206 Petition Process Good afternoon Mr. Lochbaum, As we discussed on the phone on July 19, 2016, I have been assigned as the Petition Manager for the letter you provided to the NRC on July 14, 2016, regarding your concerns about an apparent violation of 10 CFR 50.9, Completeness and accuracy of information, by Pacific Gas & Electric, concerning the alternate source term (AST) license amendment request for Diablo Canyon Power Plant, Units 1 and 2.

Title 10 of the Code of Federal Regulations, Section 2.206 (10 CFR 2.206) describes the public petition process. This process permits anyone to petition the NRC to take an enforcement action related to NRC licensees or NRC licensed activities. Depending on the results of its evaluation, the 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 10 CFR 2.206 petition requests is in Management Directive 8.11, which is publicly available in ADAMS at Accession No. ML041770328.

The NRC referred your letter to the 10 CFR 2.206 process because your letter requests that the NRC issue a Demand for Information pursuant to 10 CFR 2.204 to PG&E requiring the company to provide the NRC with a written explanation as to why its AST license amendment request failed to include all the accurate information and the measures it will implement so as to comply with 10 CFR 50.9 in future submittals to the NRC. In the NRCs allegations process, an individuals identity is not disclosed outside the agency unless certain conditions are met. However, in the 10 CFR 2.206 process, information related to the petition generally is made public, including your identity. In addition, in accordance with Management Directive 8.11, you have the opportunity to address the NRC Petition Review Board (PRB) to further discuss your petition, either in person at the NRC Headquarters Office in Rockville, Maryland, or by telephone conference.

As I understood on our phone call today, you do not wish to pursue the NRCs allegations process and you have agreed to the NRC processing your request under the 10 CFR 2.206 process. As you stated in the phone call and in your letter dated July 14, 2016, you have requested the opportunity to meet with the members of the PRB via teleconference. I will work with you to coordinate a date and time during the upcoming weeks.

If you have any questions, please do not hesitate to give me a call at (301) 415-1233 or send me an email. You may also reach out to Balwant Singal, the Project Manager of Diablo Canyon Power Plant, at (401) 415-3016.

Thank you, Maggie Watford, Petition Manager Division of Operating Reactor Licensing U.S. Nuclear Regulatory Commission Phone: 301-415-1233 Email: Margaret.Watford@nrc.gov 1