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Category:2.206 Petition
MONTHYEARML23341A2102024-01-22022 January 2024 LTR-23-0216-1 - Closure Letter - 2.206 Petition for License Renewal Plant Reactor Pressure Vessel Embrittlement ML23310A1342023-11-0404 November 2023 10 CFR 2.206 Petition - LTR-23-0216-1 Petition Amendment; Turkey Point Subsequent Renewal with Petitioner 11/04/2023 ML23307A2382023-11-0303 November 2023 10 CFR 2.206 Petition - LTR-23-0216-1 - Initial Assessment; Turkey Point Subsequent License Renewal with Petitioner 11/3/2023 - L-2023-CRS-0005 ML20304A0652020-09-15015 September 2020 Stakeholder Correspondence ML20304A0632020-09-14014 September 2020 Stakeholder Correspondence ML20148M3482020-05-23023 May 2020 LTR-20-0201 Thomas Saporito, E-mail Request for NRC Enforcement Action Against NextEra Energy and Florida Power and Light Co ML17334A0272018-01-0808 January 2018 LTR-17-0189-1 - Rejection Ltr. to Thomas Saporito, Saprodani Associates Subject: 10 CFR 2.206 Petition Seeking Enforcement Action Against the Florida Power & Light Company Proposed Construction and Licensed Operation of Turkey Point Units 6 ML16223A3922016-09-12012 September 2016 LTR-16-0123-1 - Petition Under 10 CFR 2.206 Seeking Enforcement Action Against All NRC Licensees ML16084A3242016-03-23023 March 2016 LTR-16-0160 Thomas Saporito, Senior Consultant, Saprodani Associates, E-mail Petition Seeking Enforcement Action Against Florida Power & Light Company Turkey Point Nuclear Plant, Units 3 and 4 ML16089A3452016-03-0808 March 2016 LTR-16-0160: Thomas Saporito 2.206 Petition - Attachment 2 ML16090A2772016-03-0808 March 2016 LTR-16-0123 - Thomas Saporito Petition Under 10 CFR 2.206 Seeking Enforcement Action Against NRC Licensees - Intake Ingress Security - New Cover ML16067A3402016-03-0606 March 2016 LTR-16-0123 Thomas Saporito, Senior Consultant, Saprodani Associates, Concerns 2.206 Petition Seeking Enforcement Action Against Florida Power & Light, St. Lucie 3 & 4, Turkey Point 1 & 2 and All NRC Licensees with Similarly Designed Commer ML14252A3672014-08-27027 August 2014 LTR-14-0412-1 - Attachment to 2.206 - Florida Power & Light Company (Turkey Point Nuclear Units 3 and 4) - Rt News Article - Fukushima Disaster Bill More than $105 Bn Double Earlier Estimate ML14220A0612014-07-24024 July 2014 LTR-14-0412-1 - E-mail to Thomas Saporito 2.206 - Florida Power & Light Company (Turkey Point Nuclear Units 3 and 4) ML14202A5202014-07-18018 July 2014 LTR-14-0412 - Thomas Saporito, Saprodani Associates Email 2.206 - Florida Power & Light Company (Turkey Point Nuclear Units 3 and 4) ML12152A3422012-06-0505 June 2012 G20120303 EDATS: OEDO-2012-0260 - Closeout Letter - 2.206 - Seeking Enforcement Action Against the Turkey Point Nuclear Plant ML12128A2452012-04-16016 April 2012 G20120303/EDATS: OEDO-2012-0260 - Thomas Saporito Re 2.206 - Seeking Enforcement Action Against the Turkey Point Nuclear Plant ML1026406792010-09-12012 September 2010 G20100574/LTR-10-0422/EDATS: SECY-2010-0455 - Petition Under 10 CFR 2.206 Seeking Enforcement Action Against NextEra Energy, Florida Power & Light Company & Turkey Point Nuclear Plant ML1009504642010-03-31031 March 2010 G20100185/EDATS: OEDO-2010-0258 - Thomas Saporito Ltr. 2.206 - Florida Power & Light (Turkey Point Nuclear Plant) ML0911102372009-04-11011 April 2009 G20090231/EDATS: OEDO-2009-0222 - Thomas Saporito Ltr. Documents Needed in Relation to the January 11, 2009 2.206 Petition Related to the Florida Power and Light Company'S Turkey Point Nuclear Units 3 and 4 ML0821805312008-08-0303 August 2008 G20080528/EDATS: OEDO-2008-0580 - Thomas Saporito Ltr. 2.206 Petition - Request for Notice of Violation and Proposed Imposition of Penalty ML0416602572004-06-10010 June 2004 G20040393 - Thomas Saporito Ltr. Re 2.206 - Turkey Point 2024-01-22
[Table view] Category:Letter
MONTHYEARML24023A0342024-02-0505 February 2024 Exemption from Select Requirements of 10 CFR Part 73 (EPID L-2023-LLE-0038 (Security Notifications, Reports, and Recordkeeping and Suspicious Activity Reporting)) L-2024-010, Point Units 3 and 4, Seabrook, Duane Arnold, and Point Beach Units 1 and 2, Nuclear Property Insurance - 10 CFR 50.54(w)(3)2024-01-25025 January 2024 Point Units 3 and 4, Seabrook, Duane Arnold, and Point Beach Units 1 and 2, Nuclear Property Insurance - 10 CFR 50.54(w)(3) ML23341A2102024-01-22022 January 2024 LTR-23-0216-1 - Closure Letter - 2.206 Petition for License Renewal Plant Reactor Pressure Vessel Embrittlement ML23320A3062024-01-22022 January 2024 Issuance of Amendment Nos. 298 and 291 Regarding Revising the Fire Protection Program in Support of Reactor Coolant Pump Seal Replacement Project L-2024-007, Inservice Inspection Program Owner'S Activity Report (OAR-1)2024-01-18018 January 2024 Inservice Inspection Program Owner'S Activity Report (OAR-1) L-2023-173, Quality Assurance Topical Report (FPL-1) Revision 30 Update2023-12-15015 December 2023 Quality Assurance Topical Report (FPL-1) Revision 30 Update L-2023-166, Turkey Points Units 3 and 4, Correction to the 2022 Annual Radioactive Effluent Release Report2023-12-0606 December 2023 Turkey Points Units 3 and 4, Correction to the 2022 Annual Radioactive Effluent Release Report ML23340A0332023-12-0101 December 2023 FPL to Fws, Comments Submitted by Florida Power and Light on the Species Status Assessment Accompanying the September 20, 2023 Proposed Threatened Species Status with Section 4(d) Rule for the Miami Cave Crayfish L-2023-172, Supplement to Exemption Request Regarding Enhanced Weapons. Firearms Background Checks. and Security Event Notifications Final Rule2023-11-29029 November 2023 Supplement to Exemption Request Regarding Enhanced Weapons. Firearms Background Checks. and Security Event Notifications Final Rule L-2023-155, Supplement to Response to Request for Additional Information, Revised NextEra Common Emergency Plan, and Revised Site-Specific Emergency Plan Annexes Regarding License Amendment Request for Common Emergency Plan Consistent with NUREG-06542023-11-28028 November 2023 Supplement to Response to Request for Additional Information, Revised NextEra Common Emergency Plan, and Revised Site-Specific Emergency Plan Annexes Regarding License Amendment Request for Common Emergency Plan Consistent with NUREG-0654, ML23333A0152023-11-27027 November 2023 Attachment G - Arcadis Memo Re FPL Year 4 Raasr Final (June 2, 2023, Appended to Derm letter)-1 ML23333A0102023-11-27027 November 2023 Attachment B - 11/07/2022 - Waterkeeper Scoping Comments-1 L-2023-146, Part 73 Exemption Request Regarding Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Final Rule2023-11-16016 November 2023 Part 73 Exemption Request Regarding Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Final Rule L-2023-078, License Amendment Request 278, Incorporate Advanced Fuel Products, Extend Surveillance Intervals and 10 CFR 50.46 Exemption Request to Facilitate Transition to 24-Month Fuel Cycles2023-11-15015 November 2023 License Amendment Request 278, Incorporate Advanced Fuel Products, Extend Surveillance Intervals and 10 CFR 50.46 Exemption Request to Facilitate Transition to 24-Month Fuel Cycles IR 05000250/20230032023-11-0909 November 2023 Integrated Inspection Report 05000250/2023003 and 05000251/2023003 ML23310A1342023-11-0404 November 2023 10 CFR 2.206 Petition - LTR-23-0216-1 Petition Amendment; Turkey Point Subsequent Renewal with Petitioner 11/04/2023 ML24016A2622023-10-25025 October 2023 Subsequent License Renewal Updated List of Threatened and Endangered Species That May Occur in Your Proposed Project Location or May Be Affected Project L-2023-077, License Amendment Request 277 Updated Spent Fuel Pool Criticality Analysis2023-10-11011 October 2023 License Amendment Request 277 Updated Spent Fuel Pool Criticality Analysis ML23346A1322023-10-0606 October 2023 Communication from C-10 Research & Education Foundation Regarding NextEra Common Emergency Fleet Plan License Amendment Request and Related Documents Subsequently Published IR 05000250/20230102023-09-29029 September 2023 Biennial Problem Identification and Resolution Inspection Report 05000250/2023010 and 05000251/2023010 ML23234A1922023-09-27027 September 2023 Issuance of Amendment Nos. 297 and 290 Regarding Conversion to Improved Standard Technical Specifications ML23265A5492023-09-22022 September 2023 Transmittal of WCAP-18830-P/NP Turkey Point Fuel Storage Criticality Analysis for 24 Month Cycles to Support a License Amendment Request from FPL - License Amendment Request 277 Updated Spent Fuel Pool Criticality Analysis ML23243A9522023-09-0808 September 2023 Notice of Availability of the Draft Environmental Impact Statement for the Turkey Point Nuclear Generating Unit Numbers 3 and 4 Subsequent License Renewal Application ML23243A9542023-09-0808 September 2023 Notice of Availability of the Draft Environmental Impact Statement for the Turkey Point Nuclear Generating Unit Numbers 3 and 4 Subsequent License Renewal Application ML23243A9532023-09-0808 September 2023 Notice of Availability of the Draft Environmental Impact Statement for the Turkey Point Nuclear Generating Unit Numbers 3 and 4 Subsequent License Renewal Application ML23243A9552023-09-0808 September 2023 Notice of Availability of the Draft Environmental Impact Statement for the Turkey Point Nuclear Generating Unit Numbers 3 and 4 Subsequent License Renewal Application - Tribe- Section 106 Letters ML23199A2352023-09-0505 September 2023 Letter to EPA-Turkey Point Nuclear Generating Station, Units 3 and 4 - Notice of Availability of Draft Site-Specific Environmental Impact Statement for Subsequent License Renewal ML23199A2482023-09-0505 September 2023 Ltr to Florida Power and Light Co - Turkey Point Nuclear Generating Units 3 and 4 - Notice of Availability of Draft Site-Specific Environmental Impact Statement for Subsequent License Renewal L-2023-110, Response to Requests for Additional Information Regarding License Amendment Request No. 276, Revise Fire Protection Program in Support of Reactor Coolant Pump Seal Replacement Project2023-08-25025 August 2023 Response to Requests for Additional Information Regarding License Amendment Request No. 276, Revise Fire Protection Program in Support of Reactor Coolant Pump Seal Replacement Project IR 05000250/20230052023-08-21021 August 2023 Updated Inspection Plan for Turkey Point, Units 3 & 4 (Report 05000250/2023005 and 05000251/2023005) L-2023-115, Inservice Inspection Program Owner'S Activity Report (OAR-1)2023-08-21021 August 2023 Inservice Inspection Program Owner'S Activity Report (OAR-1) L-2023-114, Proposed Turkey Point Units 6 and 7; Seabrook Station; Point Beach Units 1 and 2 - Official Service List Update2023-08-17017 August 2023 Proposed Turkey Point Units 6 and 7; Seabrook Station; Point Beach Units 1 and 2 - Official Service List Update IR 05000250/20230022023-08-14014 August 2023 Integrated Inspection Report 05000250/2023002 and 05000251/2023002 L-2023-098, and Point Beach Units 1 and 2 - Response to Request for Additional Information Regarding License Amendment Request for Common Emergency Plan Consistent with NUREG-0654, Revision 22023-08-0707 August 2023 and Point Beach Units 1 and 2 - Response to Request for Additional Information Regarding License Amendment Request for Common Emergency Plan Consistent with NUREG-0654, Revision 2 ML23242A0922023-08-0606 August 2023 Request for Withholding Information from Public Disclosure for Turkey Point Nuclear Generating Unit Nos. 3 and 4 ML23201A0872023-08-0303 August 2023 Audit Plan in Support of Review of License Amendment ML23198A2702023-08-0303 August 2023 Issuance of the Site-Specific Environmental Impact Statement Scoping Process Summary Report Associated with the Turkey Point Nuclear Generating Unit Numbers 3 and 4, Subsequent License Renewal Application, Environmental Report Supplement 2 L-2023-094, Response to Requests for Additional Information Regarding License Amendment Request No. 276, Revise Fire Protection Program in Support of Reactor Coolant Pump Seal Replacement Project2023-07-27027 July 2023 Response to Requests for Additional Information Regarding License Amendment Request No. 276, Revise Fire Protection Program in Support of Reactor Coolant Pump Seal Replacement Project ML23178A1872023-07-25025 July 2023 Review of the Spring 2022 Steam Generator Tube Inspections During Refueling Outage No. 33 ML23188A1242023-07-20020 July 2023 Acknowledgment of Temporary Suspension Request for License Request for License Amendment Request Reactor Protection System, Engineered Safety Features System, and Nuclear Instrumentation System ML23200A0672023-07-18018 July 2023 Tp 2023 RQ Inspection Notification Letter ML23173A0812023-07-17017 July 2023 Supplement to Regulatory Audit Plan in Support of Review of License Amendment Request Supporting Digital Instrumentation & Control Modernization Project (EPID L-2022-LLA-0105) - Non-Proprietary L-2023-087, Florida Power & Light/Nextera Energy, Results of the Safety Culture Program Effectiveness Review, March 20, 2023 (ADAMS Accession No. ML22340A452)2023-06-29029 June 2023 Florida Power & Light/Nextera Energy, Results of the Safety Culture Program Effectiveness Review, March 20, 2023 (ADAMS Accession No. ML22340A452) 2024-02-05
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January 8, 2018 Mr. Thomas Saporito Saprodani Associates 4858 SE Major Way Stuart, FL 34997
Dear Mr. Saporito:
Your petition dated May 2, 2017, as amended on May 22, 2017, and addressed to the Executive Director for Operations, was referred to the Office of New Reactors (NRO) pursuant to the U.S. Nuclear Regulatory Commissions (NRCs) regulations in Title 10 of the Code of Federal Regulations (10 CFR) 2.206, Requests for Action under This Subpart. In your petition, you requested enforcement action against Florida Power and Light Company (FPL), an applicant for a combined license (COL) based on the AP1000 design, and current NRC COL licensees employing the AP1000 design.
Summary of Request:
You requested that the NRC take the following actions pursuant to 10 CFR 2.206:
(1) Revoke or deny any NRC license requested by the licensee to build or construct or conduct licensed operations of the proposed Turkey Point Units 6 and 7.
(2) Revoke or deny any NRC license requested by the licensee to build or construct or conduct licensed operation of any nuclear reactor employing the AP1000 nuclear reactor design.
Basis for Request:
As support for your request, you provided to the Petition Review Board (PRB) the following written information through e-mail:
- copy of the FPL letter (L-2016-164) dated August 26, 2016, submitted to the NRC providing the Annual Update of the Combined License Application, Revision 8 of the Semi-Annual Update to the departure report
- an article published by Reuters News on May 2, 2017, titled How Two Cutting Edge U.S. Nuclear Projects Bankrupted Westinghouse Electric Company
- an article from Forbes Magazine dated March 31, 2017, titled Westinghouse Bankruptcy Shakes the Nuclear World
T. Saporito
- an article from the American Nuclear Societys Nuclear Café blog dated May 5, 2017
- an e-mail dated July 6, 2017, sent at 6:12 p.m., requesting enforcement action against Westinghouse and alleging wrongdoing between Westinghouse and the AP1000 licensee
- a document titled Third Affidavit of Mark A. Quarles, which discusses the adequacy of geologic confining layers at the site for Turkey Point Units 6 and 7 to prevent upward migration of injected municipal wastewater (i.e., partially treated sewage) into an underground source of drinking water1
- an article dated August 25, 2017, from Bloomberg, stating Duke Asks to Cancel Planned South Carolina Nuclear Reactors
- newspaper article from the Miami Herald titled FPL postpones Turkey Point Nuclear Expansionfor at least four years
- an article from the Inquirer News titled Billions down the drain as new nuclear plants scrapped
- an article from Daily Energy Insider titled U.S. natural gas supply hits 52 year high with shale accounting for 64 percent of total resources
- the abstract from the NRC staffs final environmental impact statement (EIS) for Turkey Point Units 6 and 7 You also provided verbal statements to the PRB during teleconferences on July 6, 2017, and October 26, 2017.
During the teleconference on July 6, 2017, you read excerpts from the articles that you had provided. One of those articles discussed quality control issues related to the fabrication of AP1000 parts. The article stated that the NRC investigated and took enforcement actions related to those issues. You did not provide any specific facts or examples of issues that the NRC had not addressed.
During that teleconference, you also asked that the NRC investigate and take enforcement actions against Westinghouse and NRC licensees based on the following assertions:
(1) Westinghouse gave fraudulent assurances to the NRC and NRC licensees that it could effectively construct parts for the AP1000 and could do so in a timely and effective manner, (2) Westinghouse failed to properly design the AP1000 reactor in accordance with NRC requirements, and (3) the NRC cannot have any assurance that parts manufactured by Westinghouse or its contractors will be properly made and meet NRC requirements. You did not provide any specific facts or examples to support these assertions.
In an e-mail sent after the teleconference on July 6, 2017, you repeated your requests that the NRC investigate and take enforcement action against Westinghouse and licensees that have applied to use the AP1000 design. In that e-mail, you alleged wrongdoing by Westinghouse 1 The PRB did not find any information in this document related to the subject of your petitionthe bankruptcy of Westinghouse and financial qualifications of FPL and AP1000 licensees.
T. Saporito and those licensees. Your allegation was forwarded to the NRO allegations team for appropriate action and was not considered further in the 10 CFR 2.206 process.
On July 27, 2017, the NRCs PRB met to make its initial recommendation on whether to accept or reject your petition for review using the criteria in Management Directive (MD) 8.11, Review Process for 10 CFR 2.206 Petitions, dated October 25, 2000. In making its recommendation, the PRB considered the information included in your petition and the supporting documentation as well as the verbal statements and e-mail provided on July 6, 2017.
The PRB initially recommended that your request did not meet the criteria for review under 10 CFR 2.206 and should therefore be rejected. This initial PRB decision was conveyed to you on August 1, 2017, through e-mail. The e-mail stated that in accordance with the MD 8.11 Handbook, Part III, under the criteria for Rejecting Petitions, the PRB recommended rejection for three reasons: (1) your petition failed to provide sufficient facts to support the petition, (2) you raised issues related to AP1000 licensees that have already been the subject of the NRC staffs review, and (3) with regard to Turkey Point Units 6 and 7, you have requested denial of a license application or an amendment.
After receiving the PRBs initial recommendation, you expressed the desire to address the PRB a second time to provide additional information. A second teleconference with the PRB took placed on October 26, 2017. After the teleconference, the PRB reconvened on November 8, 2017, to reevaluate all the information you had submitted, including the written information provided for the second teleconference and your statements during that teleconference.
The PRBs final determination is that your petition fails to provide sufficient facts to support the petition and raises issues that the NRC has already reviewed, evaluated, and resolved.
Therefore, the PRB has concluded that your petition meets the criteria for rejection in MD 8.11, Part III, C(2).
Discussion:
Your petition requests that the NRC take enforcement action against a licensee and applicants using the AP1000 design. To the extent that the issues raised in your petition relate to the AP1000 design, that design has already been the subject of the NRC staffs review and evaluation as part of the AP1000 design certification. Under 10 CFR Part 52, Licenses, Certifications, and Approvals for Nuclear Power Plants, Appendix D, Design Certification Rule for the AP1000 Design,Section VI.B, all safety issues are resolved. The petition did not demonstrate that any new safety issues not already considered related to the design exist.
You assert in your request that Westinghouses bankruptcy calls into question the financial capabilities of FPL and AP1000 licensees. Consistent with the requirements of 10 CFR 50.33(f)(1), all COL applications include information demonstrating that the applicant is financially qualified to carry out construction and first fuel loading. In accordance with 10 CFR 50.33(f)(3), COL applicants must submit the financial qualification information described in 10 CFR 50.33(f)(1). In each review of a COL application based on the AP1000 design, the Commission determined that the applicants met the NRC requirements for financial qualification. You have not provided specific, credible information that demonstrates the existence of a nexus between Westinghouses bankruptcy and the financial capability of any AP1000 licensee or applicant and that warrants further inquiry. Furthermore, in the contested proceeding on Turkey Point Units 6 and 7, the Atomic Safety and Licensing Board Panel
T. Saporito considered and ultimately dismissed a contention raising the same issue as your petition Westinghouses bankruptcy and its effect on the applicants financial qualifications.
During the second teleconference, you provided three documents that discuss cancellation or delays of AP1000 projects and whether State utility regulators should allow licensees to charge customers for the costs of cancelled or delayed projects. You also made verbal statements about the issues discussed in these articles. These and other issues associated with proceedings before a State utility regulator are outside the NRCs regulatory jurisdiction and are not credible supporting bases for your request.
Finally, in the second teleconference, you made several statements about the NRCs licensing review of Turkey Point Units 6 and 7. You asserted that the NRC should not grant the license, and you provided several criticisms of the NRCs EIS for Turkey Point Units 6 and 7. For example, you questioned the accuracy of the NRC EIS and asserted that the NRC did not consider certain issues in the EIS. These asserted deficiencies in a staff document associated with a licensing action are not bases for taking enforcement action against a licensee or applicant. In addition, these statements relate to environmental issues and are not within the scope of your 10 CFR 2.206 petition, which concerns Westinghouses bankruptcy and financial qualifications of AP1000 licensees and applicants.
In conclusion, the PRB has decided that your 10 CFR 2.206 petition should be rejected for the reasons discussed above. If you have any questions, please contact Manny Comar at Manny.Comar@nrc.gov or at 301-415-3863.
Sincerely,
/RA/
Anna H. Bradford, Deputy Director Division of New Reactor Licensing Office of New Reactors
Pkg: ML17122A300 Letter: ML17334A027 *via e-mail NRO-008 OFFICE NRO/DNRL/LB4/PM NRO/DNRL/LB4/LA NRR/DORL/LSPP Tech Editor NAME MComar* RButler* MBanic JDougherty DATE 12/6/17 11/30/17 12/6/17 12/27/17 OFFICE NRO/DNRL/LB4/BC OGC (NLO) NRO/DNRL/DD NAME JDixon-Herrity MSimon ABradford DATE 12/19/2017 12/21/17 01/8/18