ML18183A221

Enclosuquarterly Report on the Status of Public Petitions Under Title 10 of the Code of Federal Regulations, Section 2.206 - April 1 to June 30, 2018

ML18183A221
Person / Time
Issue date:	07/20/2018
From:	Special Projects and Process Branch
To:
Buckberg P, 415-1383
References
CAC TM3058
Download: ML18183A221 (11)

Text

Quarterly 10 CFR 2.206 Status Report For each petition listed below, the individual status page summarizes the issues raised by the petitioner, the current status, and the next steps.

When a petition is received, it is evaluated against the criteria in Management Directive (MD) 8.11, Review Process for 10 CFR 2.206 Petitions, to determine if it should be accepted for review under 10 CFR 2.206. A petition undergoing this evaluation is referred to as a petition under consideration. A petition is accepted for review under 10 CFR 2.206 in an acknowledgement letter, and is listed as an open petition until the staff formally grants or denies the requested actions in a Directors Decision (DD), after which it is listed as a closed petition.

Before issuing a final DD, the U.S. Nuclear Regulatory Commission (NRC) issues a proposed DD offering the petitioner and affected licensees an opportunity to comment. A petition that is not accepted for review under 10 CFR 2.206 is also listed as a closed petition, and the basis for why it is not being reviewed under 10 CFR 2.206 is communicated in a closure letter.

Licensee/Facility Petitioner/EDO No. Page PETITIONS CLOSED DURING THIS PERIOD Multiple operating reactor licensees Samuel Miranda 2 OEDO-17-0341 Exelon Generation Company, LLC Barry Quigley 3 Braidwood Station, Units 1 and 2, and OEDO-17-00104 Byron Station, Units 1 and 2 U.S. Army Michael Reimer 5 Pohakuloa Training Area (PTA) OEDO-17-00396-NMSS OPEN PETITIONS Entergy Nuclear Operations, Inc. David Lochbaum, Union of Concerned 7 Pilgrim Nuclear Power Station Scientists OEDO-15-00479 Multiple operating reactor licensees Beyond Nuclear, et al. 8 OEDO-17-00070 OPEN PETITIONS UNDER CONSIDERATION Tetra Tech EC, Inc. Steve Castleman 10 OEDO-17-00454 FirstEnergy Nuclear Operating Margrethe Kearney and Andrene 11 Company Dabaghi OEDO-18-00160 Enclosure

CLOSED PETITION OEDO-17-0341 (Petition Age: 7 months)

Facility: Multiple Licensee Type: Reactor Petitioner(s): Samuel Miranda Date of Petition: September 13, 2017 DD to be Issued by: Office of Nuclear Reactor Regulation Acknowledgement Letter Issued: Not Applicable Closure Letter Issued: April 6, 2018 Last Contact with Petitioner: January 31, 2018 Petition Manager: Lois James Case Attorney: Marcia Simon Issues/Actions Requested:

The petitioner requested that the NRC take actions to compel licensees for multiple plants to show that plants licensed for extended lifetimes will not have a significant increase in the probability of an accident previously evaluated, particularly with respect to Condition III events.

Background:

• On September 13, 2017, the petitioner filed a petition for enforcement action under 10 CFR 2.206.

• On October 5, 2017, the petition manager acknowledged receipt of the petition and offered the petitioner the opportunity to address the petition review board (PRB), which he accepted.

• On November 16, 2017, the petitioner addressed the PRB in a public meeting and supplemented the petition.

• On December 5, 2017, the PRB met to evaluate the petition against the criteria in MD 8.11, and to make an initial recommendation on whether to accept the petition.

• On January 3, 2018, the petition manager informed the petitioner that the initial recommendation was that the petition does not meet the criteria for consideration under 10 CFR 2.206 because the issues raised are not supported by sufficient, credible facts that would constitute the basis for taking the requested action or that would warrant further inquiry. The petition manager offered the petitioner a second opportunity to address the PRB, which he accepted.

• On January 31, 2018, the petitioner met with the PRB a second time, and supplemented his petition.

• On February 1, 2018, the PRB met to consider the supplement information provided at the January 31, 2018 meeting, and determined that the supplemental information did not change the PRBs initial recommendation.

• On February 28, 2018, the petition manager issued the summary for the January 31, 2018, PRB meeting with the petitioner.

Actions Completed This Quarter/Next Steps:

• On April 6, 2018, a closure letter (Agency Document Access and Management System (ADAMS) Accession No. ML17346A939) was issued rejecting the petition for review based on the reasons communicated to the petitioner on January 3, 2018. All actions on this petition are closed.

CLOSED PETITION OEDO-17-00104 (Petition Age: 14 months)

Facility: Braidwood Station, Units 1 and 2, and Byron Station, Units 1 and 2 Licensee Type: Reactor Petitioner(s): Barry Quigley Date of Petition: February 8, 2017 DD to be Issued by: Office of Nuclear Reactor Regulation Proposed DD Issued: February 23, 2018 Final DD Issued: April 24, 2018 Last Contact with Petitioner: December 18, 2017 Petition Manager: Joel Wiebe Case Attorney: Emily Monteith Issues/Actions Requested:

The petitioner requested that the NRC take several enforcement actions regarding his concerns with high-energy line breaks (HELB) outside the containment as well as safety-conscious work environment (SCWE) concerns. He stated that the analysis of record (AOR) for the main steam isolation valve (MSIV) room pressurization following a HELB is deficient; corrective actions to resolve an issue in the AOR are long overdue and improperly tracked; a proposed revision to the AOR shows that the MSIV room roof slabs will be ejected by the high pressures in the MSIV room, becoming potential missiles; and that an SCWE is not assured.

Background:

• On February 8, 2017, the petitioner filed a petition for enforcement action under 10 CFR 2.206.

• On March 2, 2017, the petition manager acknowledged receipt of the petition and offered the petitioner the opportunity to address the PRB, which he accepted.

• On March 27, 2017, the petition manager confirmed details regarding the petitioner addressing the PRB.

• On April 13, 2017, the petitioner addressed the PRB.

• On May 17, 2017, the PRB met and made an initial recommendation to accept the petition for review.

• On June 2, 2017, the petition manager informed the petitioner that the petition was accepted for review.

• On July 17, 2017, an acknowledgement letter was issued to the petitioner accepting the petition for review (ADAMS Accession No. ML17125A245).

• On September 1, 2017, the petition manager received a voluntary response from the licensee (ADAMS Accession No. ML17255A824).

• On December 18, 2017, the petition manager informed the petitioner that on December 15, 2017, the NRC had issued violations as requested by the petitioner.

• On February 23, 2018, a proposed DD was issued to the petitioner and licensee for comment, with a comment period of 14 days (ADAMS Accession No. ML17291A218).

• On March 9, 2018, the petitioner informed the petition manager that he had no comments on the proposed DD.

• On March 14, 2018, the licensee informed the petition manager that it had no comments on the proposed DD.

Actions Completed This Quarter/Next Steps:

• On April 24, 2018, the NRC issued the final DD (ADAMS Accession No. ML18087A158) granting the concerns raised in requests 1, 2, 4, and 5 of the petition on the basis that the actions taken by the NRC and the licensee to assess the licensees SCWE resolve the petitioners concerns.

CLOSED PETITION OEDO-17-00396-NMSS (Petition Age: 12 months)

Facility: Pohakuloa Training Area (PTA)

Licensee Type: Source material Petitioner(s): Michael Reimer Date of Petition: March 16, 2017 DD to be Issued by: Office of Nuclear Material Safety and Safeguards Proposed DD Issued: February 20, 2018 Final DD Issued: Not Applicable Last Contact with Petitioner: March 12, 2018 Petition Manager: Amy Snyder Case Attorney: Emily Monteith Issues/Actions Requested:

The petitioner requested that the NRC reconsider its position regarding the issuance of Amendment 2 to License SUC-1593 for the possession of depleted uranium located in radiation controlled areas on the United States Armys Pohakuloa Training Area, one of the facilities licensed under License SUC-1593. Concerns focus on lack of air monitoring and soil sampling, inappropriateness of the location and number of sediment samples, insufficient geologic sampling procedures for sediment collection, lack of transparency in the licensing process, and lack of transparency in the reporting of the licensees environmental monitoring results.

Background:

• On March 16, 2017, the petitioner filed a petition for enforcement action under 10 CFR 2.206.

• For a complete summary of NRC actions through June 2017, see the April-June 2017 10 CFR 2.206 status report (ADAMS Accession No. ML17181A037).

• On June 27, July 11, July 27, and August 30, 2017, the PRB met on whether to accept the petition for review.

• On July 24, August 16, and August 18, 2017, the petitioner supplemented the petition.

• On July 31, 2017, the licensee provided comments and information related to the petition.

• On September 28, 2017, the petitioner was informed of the PRBs recommendation to accept the petition in part, and parts of the petition not be accepted under 2.206 because insufficient facts were presented, there is another proceeding available, and the issues have already been the subject of NRC review and resolved. The petitioner was also offered a second opportunity to address the PRB, which he accepted.

• On October 11, 2017, the petitioner addressed the PRB in a teleconference and supplemented his petition.

• On October 12 and 15, 2017, the petitioner supplemented his petition.

• On October 13, 2017, the licensee provided comments and information related to the petition.

• On November 9, 2017, the NRC issued an acknowledgement letter (ADAMS Accession No. ML17278A938) informing the petitioner that his petition was accepted, in part, for review, as stated above.

• On November 10, 2017, the petitioner supplemented his petition.

• On November 29, 2017, the staff issued a letter to the licensee asking for a voluntary response to a request for additional information (RAI) regarding sediment sampling.

• On December 4, 2017, the staff had a clarification call with the licensee on its November 29, 2017, RAI.

• On December 15, 2017, and January 19, 2018, the licensee responded to questions and the information provided was considered by the PRB in its evaluation of the petition.

• On December 29, 2017, the petitioner requested that he assist NRC with the technical review of license amendment 3 for SUC-1593 (change of sediment sample location for the PTA).

• On January 9, 2018, the PRB met to evaluate the accepted concerns.

• On January 15, 2018, in a supplement to the petition, the petitioner asked the staff for PTA sediment sampling data.

• On February 1, 2018, the NRC responded by letter (ADAMS Accession No. ML18017A450) to the petitioners December 29, 2017, request informing him that the NRC staff would be performing the review of the license amendment request.

• On February 20, 2018, a proposed DD was issued to the petitioner and licensee for comment, with a comment period of 30 days (ADAMS Accession No. ML17342A342).

• On March 12, 2018, the NRC informed the petitioner that his comments on the licensees RAI response in his January 15, 2018, letter were provided to the PRB for consideration as a supplement to the petition, that the request for sediment sampling data was forwarded to the licensee, and that information about the sampling data may be addressed in routine NRC inspection reports (ADAMS Accession No. ML18023A378).

• On March 13, 2018, the petitioner commented on the proposed DD (ADAMS Accession No. ML18087A134). The licensee did not provide comments.

Actions Completed This Quarter/Next Steps:

• On May 15, 2018, the NRC issued the final DD (ADAMS Accession No. ML17342A340) determining that there was no basis for granting the petitioners request to modify, suspend, or take other action under 10 CFR 2.206 with respect to Source Materials License No. SUC-1593.

OPEN PETITION OEDO-15-00479 (Petition Age: 36 months)

Facility: Pilgrim Nuclear Power Station Licensee Type: Reactor Petitioner(s): David Lochbaum, Union of Concerned Scientists Date of Petition: June 24, 2015 DD to be Issued by: Office of Nuclear Reactor Regulation Proposed DD Issued: Not Applicable Final DD Issued: Not Applicable Last Contact with Petitioner: April 9, 2018 Petition Manager: Booma Venkataraman Case Attorney: Olivia Mikula Issues/Actions Requested:

The petitioner requested that NRC take enforcement action to require that the current licensing basis for Pilgrim Nuclear Power Station explicitly include flooding caused by local intense precipitation events or probable maximum precipitation events. The petitioner cited a letter dated March 12, 2015, from Entergy Nuclear Operations, Inc. (the licensee), to NRC, which contained a flood re-evaluation report in response to NRCs 50.54(f) letter (ADAMS Accession No. ML12053A340) to satisfy one of NRCs post-Fukushima mandates.

Background:

• On June 24, 2015, the petitioner filed a petition for an enforcement action under 10 CFR 2.206.

• For a complete summary of NRC actions through September 2016, see the July-September 2016 10 CFR 2.206 status report (ADAMS Accession No. ML16264A169).

• On December 6, 2016, and February 7, 2017, the petition manager informed the petitioner that his petition was still under review.

• On April 10 and June 8, 2017, the petition manager informed the petitioner that his petition was still under review.

• On April 17, 2017, the NRC staff responded to the licensees August 18, 2016, request and deferred the remaining flood assessments until December 31, 2019 (ADAMS Accession No. ML16278A313).

• On June 8 and August 8, 2017, the petition manager informed the petitioner that the issue of re-evaluated flooding hazards raised in the petition is currently being considered as part of the SECY-16-0142 Final Rule - Mitigation of Beyond-Design Basis Events, draft final rule dated December 15, 2016 (ADAMS Accession No. ML16301A005), and that the PRB review determined that the Commissions decision on the MBDBE draft final rule would likely disposition the petition.

• On August 8, October 6, and December 11, 2017, and on February 9, 2018, the petition manager restated the information from the June 8, 2017, communications to the petitioner as stated above.

Actions Completed This Quarter/Next Steps:

• On April 9 and June 7, 2018, the petition manager informed the petitioner that his petition was still being held in abeyance pending a Commission decision on SECY-16-0142.

• The next step is to issue a proposed DD reflecting the Commissions decision.

OPEN PETITION OEDO-17-00070 (Petition Age: 17 months)

Facility: Multiple Licensee Type: Reactor Petitioner(s): Beyond Nuclear, et al.

Date of Petition: January 24, 2017 DD to be Issued by: Office of Nuclear Reactor Regulation Proposed DD Issued: Not Applicable Final DD Issued: Not Applicable Last Contact with Petitioner: June 6, 2018 Petition Manager: Perry Buckberg Case Attorney: Sarah Kirkwood Issues/Actions Requested:

The petitioner requested that the NRC take emergency enforcement action per 10 CFR 2.206 at U.S. reactors that currently rely on potentially defective safety-related components and quality assurance documentation with anomalies supplied by AREVA-Le Creusot Forge and its subcontractor Japan Casting and Forging Corporation.

Background:

• On January 24, 2017, the petitioner filed a petition for an enforcement action under 10 CFR 2.206.

• On February 2, 2017, the petition manager acknowledged receipt of the petition and offered the petitioner the opportunity to address the PRB.

• On February 3, 2017, the petitioner requested a public meeting with the PRB.

• On February 8, 2017, the PRB met to make a decision on the emergency action request.

• On February 13, 2017, the petition manager informed the petitioner that an immediate action was not warranted.

• On March 8, 2017, the petitioner addressed the PRB in a public meeting.

• On April 11, 2017, the PRB met to make a decision on the petition.

• On May 19, 2017, the petition manager informed the petitioner of the PRBs initial recommendation to accept the petition, in part.

• On June 16, June 22, June 27, June 30, and July 5, 2017, the petitioner submitted supplements to his petition.

• On July 5, 2017, the petition manager asked the petitioner to respond as to whether he wished to address the PRB a second time. The petitioner did not respond.

• On August 30, 2017, an acknowledgement letter was issued to the petitioner (ADAMS Accession No. ML17198A329), accepting the petition, in part. A portion of the request was referred to another NRC program for review.

• On November 8, 2017, the petition manager informed the petitioner that his petition was still under review and that the target date for a proposed DD was May 2018. The target date was revised because the NRC staff needed to receive and evaluate a technical report from an external entity concerning issues raised in the petition.

• On January 18, 2018, the petition manager informed the petitioner that his petition was still under review and that the target date for a proposed DD was May 2018.

• On March 26, 2018, the petition manager informed the petitioner that his petition was still under review but that the target date for the proposed DD may change.

Actions Completed This Quarter/Next Steps:

• On June 6, 2018, a proposed DD was issued to the petitioner for comment, with a comment period of 14 days (ADAMS Accession No. ML18107A402). No comments were received.

• The next step will be to issue the DD.

OPEN PETITION UNDER CONSIDERATION OEDO-17-00454 (Petition Age: 12 months)

Facility: Tetra Tech EC, Inc.

Licensee Type: Materials Petitioner(s): Steve Castleman Date of Petition: June 29, 2017 DD to be Issued by: Office of Nuclear Material Safety and Safeguards Acknowledgement Letter Issued: Not Applicable Closure Letter Issued: Not Applicable Last Contact with Petitioner: February 7, 2018 Petition Manager: James Smith Case Attorney: Lorraine Baer Issues/Actions Requested:

The petitioner requested that the NRC revoke the materials license for Tetra Tech EC, Inc., due to concerns about their role in the cleanup of Hunters Point Naval shipyard (HPNS) in San Francisco, CA, including remediation of radiological contamination. The submittal was lengthy with multiple attachments, and included requests and concerns outside 10 CFR 2.206.

Background:

• On June 29, 2017, the petitioner filed a petition for enforcement action under 10 CFR 2.206.

• On July 20, July 22, and August 1, 2017, the petition manager and petitioner discussed timing of a public meeting, with the date remaining to be determined.

• On October 19, 2017, the PRB met and decided to hold the petition in abeyance because the issues raised are the subject of ongoing reviews separate from the 2.206 process.

• On December 6, 2017, the petition manager informed the petitioner that the processing of the petition was taking longer than the usual amount of time due to the need to obtain results from ongoing reviews outside the 2.206 process.

• On February 13, 2018, the petitioner supplemented the petition with information pertaining to other HPNS site areas that may have included work done by Tetra Tech at Parcels C and E at HPNS.

Actions Completed This Quarter/Next Steps:

• On June 18, 2018, the petition manager discussed with the petitioner the petition status and the next possible opportunity to address the PRB.

• The next step is for the PRB to determine if the issues separate from those that were the subject of Department of Justice reviews meet the 2.206 criteria for review.

OPEN PETITION UNDER CONSIDERATION OEDO-18-0016 (Petition Age: 3 months)

Facility: Davis-Besse Unit 1, Perry Unit 1, and Beaver Valley Units 1 and 2 Licensee Type: Reactor Petitioner(s): Margrethe Kearney and Andrene Dabaghi Date of Petition: March 27, 2018 DD to be Issued by: Office of Nuclear Reactor Regulation Acknowledgement Letter Issued: Not Applicable Closure Letter Issued: Not Applicable Last Contact with Petitioner: Not Applicable Petition Manager: Bhalchandra Vaidya Case Attorney: Lorraine Baer Issues/Actions Requested:

The petitioner requested that the NRC take numerous enforcement actions against FirstEnergy Nuclear Operating Company (FENOC) and First Energy Nuclear Generation (NG), the licensee of Davis-Besse, Perry, and Beaver Valley Units 1 and 2, for failing to comply with nuclear decommissioning funding requirements of 10 CFR 50.75.

Background:

• On March 27, 2018, the petitioner filed a petition for enforcement action under 10 CFR 2.206.

Actions Completed This Quarter/Next Steps:

• On April 16, 2018, the petition manager acknowledged receipt of the petition and offered the petitioner the opportunity to address the PRB.

• On April 30, 2018, the PRB met and concluded that the petition was not requesting immediate enforcement action.

• On May 7, 2018, the petition manager offered the petitioner an opportunity to address the PRB prior to the 2nd PRB meeting scheduled on June 12, 2018. The petitioner declined and ultimately requested an opportunity to address the PRB on June 19, 2018.

• On June 12, 2018, the PRB met to discuss the petition and to prepare for the public meeting with the petitioner.

• On June 19, 2018, the petitioners addressed the PRB in a public meeting.

• The next step will be for the PRB to determine whether or not the petition will be accepted for review under 2.206.