ML20027B877
| ML20027B877 | |
| Person / Time | |
|---|---|
| Site: | Fermi  |
| Issue date: | 01/27/2020 |
| From: | Gregory Suber Division of Operating Reactor Licensing |
| To: | Jay Collins Citizens' Resistance at Fermi Two |
| SECY RAS | |
| References | |
| 50-341-LA, License Amendment, RAS 55539 | |
| Download: ML20027B877 (9) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Jessie Pauline Collins Citizens' Resistance at Fermi 2 17397 Five Points Street Redford, Ml 48240 January 27, 2020
SUBJECT:
REQUEST FOR ACCESS TO SENSITIVE UNCLASSIFIED NON-SAFEGUARDS INFORMATION AND SAFEGUARDS INFORMATION RELATED TO A LICENSE AMENDMENT REQUEST FOR FERMI 2
Dear Ms. Collins:
The U.S. Nuclear Regulatory Commission (NRC, the Commission) staff (Staff) is responding to the request for access (Access Request) to sensitive unclassified non-safeguards information (SUNSI) and safeguards information (SGI) that you submitted on behalf of Citizens' Resistance at Fermi 2 (CRAFT).1 The Access Request pertains to a license amendment request (LAR) by DTE Electric Company (DTE) to install neutron absorbing inserts (i.e., NETCO SNAP-IN rack inserts) in the Fermi 2 spent fuel pool (SFP) storage racks containing Boraflex, to revise requirements associated with the SFP storage racks, and to use a new criticality safety analysis. 2 Specifically, the Access Request requests access to Enclosure 4 to the LAR, which was withheld from public disclosure under Title 10 of the Code of Federal Regulations Section 2.390 as containing proprietary commercial information.3 A version of Enclosure 4 with this information removed is available as Enclosure 5 to the LAR. Below please find the Staff analysis of the Access Request using the relevant standards set forth in the Order Imposing 1 E-mail from Jessie Pauline Collins to NRC, Re: Docket ID NRC-2019-0241, DTE Electric Company, Docket No. 50-341, Fermi 2, Monroe County, Michigan (Jan. 16, 2020) (Attachment 4 ). Enclosed with the Access Request are "Declaration of Authorized Officer of Citizens' Resistance at Fermi 2 (CRAFT) to File as Pro Se Counsel" (Attachment 5) and "Declaration of Wanda Lee Hess" (Attachment 6). The Access Request and its enclosures were transmitted to the NRC by e-mail dated January 17, 2020. E-mail from Jessie Pauline Collins to NRC, Re: Docket ID NRC-2019-0241, DTE Electric Company, Docket No. 50-341, Fermi 2 (Jan. 17, 2020) (Attachment 1 ). By two additional e-mails dated January 17, 2020, the Access Request and its enclosures were updated. E-mail from Jessie Pauline Collins to NRC, Errata to Docket ID NRC-2019-0241 / DTE Electric Docket 50-341 filing (Jan. 17, 2020) (Attachment 2); E-mail from Jessie Pauline Collins to NRC, Errata to SUNS! filing re: Samuel Miranda's title (Jan. 17, 2020)
(Attachment 3). Attachments 4-6 are the updated versions of these documents.
2 Letter from Paul Fessler, Senior Vice President and Chief Nuclear Officer, DTE Energy Co., to NRC, License Amendment Request to Revise Technical Specifications to Utilize Neutron Absorbing Inserts in Criticality Safety Analysis for Fermi 2 Spent Fuel Storage Racks (Sep. 5, 2019) (Agencywide Documents Access and Management System (ADAMS) Accession No. ML19248C679) (LAR).
3 See Letter from Sujata Goetz, Project Manager, NRC, to Peter Dietrich, Senior Vice President and Chief Nuclear Officer, DTE Electric Co., Request for Withholding Information from Public Disclosure for Fermi 2 (Nov. 4, 2019) (ADAMS Accession No. ML19298C168).
Procedures for Access to Sensitive Unclassified Non-Safeguards Information and Safeguards Information for Contention Preparation (SUNSI Order).4 First, in response to the statement in the Access Request that CRAFT needs access to SGI in the LAR, 5 the Staff notes that the LAR does not contain SGI; therefore, to the extent that the Access Request requests access to SGI, this request cannot be granted.
Second, in response to the statement in the Access Request that CRAFT needs access to the SUNSI in the LAR "because the public documents have no details of materials used in the manufacturing [and] no history of prior use by River Bend [Station], the only other reactor using the inserts,"6 the Staff notes that the publicly available portion of the LAR provides details of materials used in manufacturing7 and the precedent for the installation of NETCO SNAP-IN rack inserts at other nuclear power plants, including River Bend Station.8 Moreover, the non-publicly available portion of the LAR does not provide any additional details of materials used in manufacturing and does not provide a history of prior use by River Bend Station. Accordingly, access to the non-publicly available portion of the LAR would not provide CRAFT with the information that it seeks and cannot be granted.
Third, pursuant to the SUNSI Order, the Staff analyzed whether, based on the information provided in the Access Request and its supporting documents, there is a reasonable basis to believe that CRAFT is likely to establish standing to participate in an NRC proceeding on the LAR. To establish standing, a requester must allege either (1) an injury-in-fact that is fairly traceable to the challenged licensing action and is likely to be redressed by a favorable decision9 or (2) proximity to the facility at issue and that the challenged licensing action raises 4 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing Sensitive Unclassified Non-Safeguards Information and Safeguards Information and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information and Safeguards Information, 85 Fed. Reg. 728, 735-38 (Jan. 7, 2020). For access to SUNS! to be granted, the Staff must determine that (1) there is a reasonable basis to believe the requestor is likely to establish standing to participate in an NRG proceeding on the LAR and (2) the requestor has established a legitimate need for access to the SUNS!. Id. at 736.
s Attachment 4.
6 Id.
7 Specifically, LAR Enclosure 8 provides the material qualification of the NETCO SNAP-IN rack inserts, including their manufacturing, and LAR Enclosure 1, Sections 3.3.1 and 3.3.3 discuss the areal density of Boron-10 and the insert dimensions and physical properties, respectively.
8 LAR, Encl. 1 at 33. Although the LAR states that the NRG is currently reviewing a request to credit NETCO SNAP-IN rack inserts at River Bend Station, this review is now complete. See letter from Margaret W. O'Banion, Project Manager, NRG, to Vice President, Operations, Entergy Operations, Inc.,
River Bend Station, Unit 1 - Issuance of Amendment No. 201 re: Change to the Neutron Absorbing Material Credited in Spent Fuel Pool for Criticality Control (Dec. 31, 2019) (ADAMS Accession No. ML19357A009).
9 Fla. Power & Light Co. (Turkey Point Nuclear Generating Plant, Units 3 & 4), CLl-15-25, 82 NRG 389, 394 (2015) (citing Sequoyah Fuels Corp. & Gen. Atomics (Gore, Okla. Site), CLl-94-12, 40 NRC 64, 71-72 (1994); Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61 (1992)).
an obvious potential for offsite radiological consequences.10 The Access Request and its supporting documents identify the LAR, provide that CRAFT members live and recreate in the vicinity of Fermi 2, and allege without substantiation a general concern that "if the NRC grants the [LAR], it could adversely affect the health and safety and the integrity of the environment in which CRAFT members live and recreate."11 These documents do not describe a nexus between the LAR and either a particularized injury or an obvious potential for offsite radiological consequences and, therefore, are not sufficient to establish standing.12 In sum, there is no SGI in the LAR and the request for access to the SUNSI in the LAR does not satisfy the criteria in the SUNSI Order. Accordingly, the Access Request is denied. The SUNSI Order explains how you may challenge this determination.13 Docket No. 50-341
Enclosure:
Attachments 1-6 Sincerely, M cJL'l '~ ~~_:::-_::_-_-~~::>
Gregory F. Suber, Deputy Division Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation cc w/encl: Distribution via Electronic Information Exchange 10 Exelon Generation Co, LLC & PSEG Nuclear, LLC (Peach Bottom Atomic Power Station, Units 2 & 3),
CLl-05-26, 62 NRC 577, 580-81 (2005).
11 Attachments 4-6.
12 See e.g., Commonwealth Edison Co. (Zion Nuclear Power Station, Units 1 & 2), CLl-99-04, 49 NRC 185, 192 (1999); Peach Bottom, CLl-05-26, 62 NRC at 581.
13 85 Fed. Reg. at 737.
From:
Jessie Collins To:
Docket, Hearing; RidsOgcMailCenter Resource
Subject:
[External_Sender] Re: Docket ID NRC-2019-0241, DTE Electric Company, Docket No. 50-341, Fermi 2 Date:
Friday, January 17, 2020 9:17:57 AM Attachments:
SUNSI filing.pdf Authorized Officer.pdf affidavit snap.pdf Greetings, I am submitting the following documents to request access to SUNSI AND SGI and to announce our group's intention to file a leave to intervene and request for a public hearing. I tried to do an electronic submission, but couldn't find the docket number.
The three attachments are:
Request for access to SUNI AND SGI documents; Declaration of Authorized Officer filing pro se Affidavit of Declarant Please advise me if I need to submit additional documents.
Jessie Pauline Collins Pro Se Counsel
From:
Jessie Collins To:
Docket, Hearing; RidsOgcMailCenter Resource
Subject:
[External_Sender] Errata to Docket ID NRC-2019-0241/ DTE Electric Docket 50-341 filing Date:
Friday, January 17, 2020 11:38:44 AM Attachments:
Authorized Officer.pdf Declarant.pdf SUSNI Filing.pdf Greetings, Please accept my apology for filing an unsigned document for our Declarant. Please ignore the other submission and admit these three signed documents.
Jessie Pauline Collins
From:
Jessie Collins To:
Docket, Hearing; RidsOgcMailCenter Resource
Subject:
[External_Sender] Errata to SUNSI filing re: Samuel Miranda"s title Date:
Friday, January 17, 2020 1:38:16 PM Attachments:
SUNSI Filing - Miranda Title Errata.pdf Greetings, Once more I apologize for filing another errata to my request in Docket NRC-2019-0241 - DTE Electric, Docket 50-341. The expert witness is Mr. Samuel Miranda, P.E., not P.A. Here is the corrected document.
16 January 2020 To: Nuclear Regulatory Commission at Hearing.Docket@nrc.gov and RidsOgcMailCenter.Resourcelalnrc.sov Re: Docket ID NRC-2019--0241, DTE Electric Company, Docket No. 50-341, Fermi l, Monroe County, Michigan Greetings, I am writing regarding the Federal Register Notice published Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing Sensitive Unclassified Non-Safeguards Information and Order Imposing Procedures: January 7, 2020 It is the intention of our group, Citizens' Resistance at Fermi 2 (CRAFT), to file a Leave to Intervene and Request for a Public Hearing in the License Amendment Request from DTE Energy for the Fenni 2 nuclear reactor. (ADAMS# ML19248C679, dated September 5, 2019)
Therefore, we need access to the Sensitive unclassified non-safeguards information (SUNSI) and safeguards information (SGI). Samuel Miranda, P.E. will be the expert to help me decipher the documents.
Access to SUNS! & SGI are necessary because the public documents have no details of materials used in the manufacturing; no history of prior use by River Bend, the only other reactor using the inserts. CRAFT feels this is a violation ofFermi's license extension which needs to be revoked if not fulfilled.
CRAFT Officer Jessie Pauline Collins will file the Leave to Intervene and Request for Public Hearing using infonnation explained by retired NRC Safety Inspector Samuel Miranda, P.E.
Wanda Lee Hess is the Declarant whose interest CRAFT represents, and her affidavit is enclosed. I am filing prose for CRAFT and my Declaration of Authorized Officer is also attached.
Wherefore, CRAFT hopes the Commission will grant the request for access.
Pauline Collins, Counsel pro se for Citi ns' Resr.stance at Fermi 2 (CRAFT) 397 Five Points Street Redford MI 48240 Tel. 313.286.3827 Email jessiepauline2003@yahoo.com
UNITED STA TES OF AMERICA NUCLEAR REGULATORY COMMISSION RE: Docket ID NRC-2019-0241 DTE Electric Company, Docket No. 50-341, Fermi 2, Monroe County, Michigan DECLARATION OF AUTHORIZED OFFICER OF CITIZENS' RESISTANCE AT FERMI 2 (CRAFf) TO FILE AS PRO SE COUNSEL Under penalty of perjury, l, Jessie Pauline Collins, declare as follows:
I. I am authorized by the Citizens' Resistance at Fenni 2 (CRAFT), an unincorporated association, whose address is 17397 Five Points Street, Redford Ml, 48240, to sign this declaration. CRAFT is fonnally and organizationally opposed to the issuance of Fenni's license amendment request dated 5 September 2019, ADAMS
- MLl9248C679, which DTE has submitted a request to the NRC.
- 2. CRAFT has approximately 1,500 members, most of whom live within SO miles of the Fermi 2 nuclear reactor. CRAFT is concerned that if the NRC grants the license amendment, it could adversely affect the health and safety and the integrity of the environment in which CRAFT members live and recreate.
- 3. In order to ensure that the amendment decision for Fermi protects the interests of CRAFT in a safe and healthy environment, the group formally seeks to intervene on behalf of all its members, as well as Wanda Hess, named in the attached declaration in any rulemaking proceeding that concerns the safety and environmental impacts of the Fermi 2 nuclear reactor in Monroe County, Michigan.
I hereby declare under penalty of perjury that the foregoing facts are true and correct and that any expressions of opinion are based on my judgement 16 Januazy 2020 Date
Re: Federal Register Notice Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing Sensitive Unclassified Non-Safeguards Information and Order Imposing Procedures: January 7, 2020 DECLARATION OF WANDA LEE HESS I, Wanda Less Hess, am the Declarant herein, and 1 hereby make the following statements under the penalty of perjury:
I) I am an adult citizen of the United States, am not under disability, and make the following statements voluntarily.
- 2) My residence address is 4745 Casper St., Detroit Ml 48210.
- 3) I have conducted some investigation into DTE's license amendment request to use SNAP-IN neutron conductors in their spent fuel pools instead of the fulfilling their license extension commitment to replace the degraded Bora flex storage racks with Boral racks.
- 4) I am a tribal member with hunting, fishing, and gathering rights in the area of the Fermi nuclear reactor and am concerned about Fermi's degradation ofmy rights.
- 5) In order to ensure that the licensing decision for the Fermi 2 nuclear reactor protects my interest in a safe and healthy environment, I authorize Citizens Resistance at Fermi 2 (CRAFT) to act on my behalf to ensure the permitting proceedings and any associated rulemakings are conducted fairly, efficiently, and in a manner that provides the full consideration of issues that could affect my safety and health, and the health of the environment left for future generations.
- 6) CRAFT is a grassroots organization with approximately 1,500 members in the 50-mile radius of the Penni reactor. I request that CRAFT be accorded standing to proceed on my behalf. My interests will not be adequately represented unless CRAFT can participate as a full party in this proceeding on my behalf.
Date (Signature) Declarant PrlntedName:J.JandfA. Lee.. ~es.s