ML20137X391
| ML20137X391 | |
| Person / Time | |
|---|---|
| Issue date: | 04/17/1997 |
| From: | Zimmerman R NRC (Affiliation Not Assigned) |
| To: | Callan L NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML20007G188 | List: |
| References | |
| 2.206, NUDOCS 9704220017 | |
| Download: ML20137X391 (21) | |
Text
.( .- - . - . . . .-
1 p April 17, 1997 l MEMORANDUM T0: L.: Joseph Callan Executive Director for Operations FROM: Roy P. Zimmarman Original signed by Associate Director for Projects Office of Nuclear Reactor Regulation
SUBJECT:
MARCH 1997 REPORT ON THE STATUS OF PUBLIC PETITIONS UNDER 10 CFR 2.206 The attached monthly report reflects the status of 10 CFR 2.206 petitions as of the end of March 1997. This report may not reflect changes in status that i have occurred since petition managers submitted data on the March status, l Attachment 1 gives the status of petitions before the Offices of Nuclear Material Safety and Safeguards, Nuclear Reactor Regulation, and Enforcement.
Attachment 2 lists decisions before the Commission and the courts. Attachment 3 lists other sensitive matters which are for internal distribution only.
1 By issuing the monthly report on the status of pending 10 CFR 2.206 petitions, the staff is documenting its responsiveness to petitioners.
l To enhance staff responsiveness to the public, those parts of the monthly report not of a sensitivo nature will be placed in the Public Document Room i and on the electronic bulletin board system, making them readily accessible to the public. l Attachments: 1. Report on Status of Public Petitions Under 10 CFR 2.206
- 2. Decisions Pending Before the Commission and the Courts
- 3. Internal Distribution Only 1
cc w/atts: H. L. Thompsen, ED0 R. L. Bangart, OSP E. L. Jordan, ED0 G. P. Caputo, 0I l P. G. Norry, EDO J. F. Cordes, Jr., OCAA ;
J. Blaha, E00 J. R. Goldberg, 0GC i K. D. Cyr, OGC L. J. Chandler, 0GC '
S. J. Collins, NRR C. J. Paperiello, NMSS M. R. Knapp, NHSS Regional Administrators J. Lieberman, OE OCA E. Julian, SECY OPA CONTACT: Janet Kennedy, NRR 415-3267 Distribution:
- Central Files { J. Roe (e) M. Mattia/NMSS P.Lohaus P. Anderson /ED0 l PUBLIC w/att 1 & 2 only (Att 3 is "NOT FOR EXTERNAL DISTRIBUTION") '
B. McCabe E. Adensam (e) F. Cameron /0GC A. Chaffee G. Deegan/NMSS R. Zimmerman M. Thadani C. Jamerson J. Kennedy Ts rec:ive a copy of this doctment, Indicate in the boo "C" = Copy without attachment / enclosure "E" = Copy with att:chment/ enclosure "N" s No copy DOCUMENT NAME: P:\206\APR97RPT.WP l 0FFICE PM:PD41 lE LA:PD31 '
E NMSS:RMB lE OE E ADPR:NRRM E NAME J.Kennedyg' C.Jamerso[i C M. Mattia N. Mamish for J. Lieberman R.P.Zimmer%qI f&
n @ I DATE 04/N/97 04/IY /97 // !04/14/97(e) 04/09/97(e) 04// 7/97 0FFICIAL RECURD COPY (e) e-mail concurrence l 210066 M' M i OM 9704220017 970417 PDR ORG NE ED c% / 08T i
l PDR L I FY l
! Report on Status of Public Petitions j, Under 10 CFR 2.206 ,
March 1997 l
Contents *
! Page i Facility Petitioner /EDO No. A l
Vogtle Hobby and Mosbaugh/5836 19 l
- Advanced Medical Systems, Inc. Northeast Ohio Regional 4
Sewer District /8663 1 1 j Advanced Medical Systems, Inc. Northeast Ohio Regional Sewer i District /10395 2 l 1
Oyster Creek Gunter and decamp,Jr./10473 19 j Georgia Tech and All Licensees Blockey-O'Brien/10598 2 ;
Millstone Ross/10600 4 Millstone Galatis et al./603 5,20 i National Institutes of Health Ma and Zheng/721 7,20 Westinghouse Electric Corporation Doyle/GT96400 19 Shieldalloy and Cypress Foote Bauman/GT96596 9 Maine Yankee and All Other Plants Using i the RELAP Code for ECCS Analyses Sears /GT96659 10 i
Northern States Power Company Independent Florence Township /GT96669 Spent Fuel Storage Installation /GT96670 11 Point Beach, Units 1 and 2 Dums, Wisconsin's Citizens' {
Utility Board /GT96774 12
- Shieldalloy, Newfield, NJ . Bauman/GT96775/GT97085 13
!- San Onofre Nuclear Generating Station Dwyer/GT96778 14 l All Users of the VSC-24 Nuclear Waste
- Storage Cask Sinclair and Roemer/GT96801 14 Connecticut Yankee and Millstone Katz, Citizens Awareness L Network /GT96919 15
- Vermont Yankee Block, Citizens Awareness Network /GT96950 16 i Millstone and Connecticut Yankee Hadley/GT97140 17 Connecticut Yankee Bassilakis, Citizens i l Awareness Network 18 1 j
- Includes Attachments 2 and 3.
i i
4
l Attachment 1 i Report on
- Status of Public Petitions Under 10 CFR 2.206 i Facility
- Advanced Medien1 Systems. Inc.
Petitioner:
4
- Northeast 0hio Regional Sewer District (W. Schatz) !
Date of Petition: 3/3/93 j Director's Decision To Be Issued by: NMSS Date Referred to Review Organization: 3/17/93 i EDO Number: 8663 i OGC Number: P-93-003 I Scheduled Completion Date: 4/30/97 l 4
.-Last Contact with Petitioner (s): 2/3/97 i Petition Manager: J. DeCicco Case Attorney: R. Weisman i l Issues / Action Requested: Modify license for AMS to (1) assume all costs j
resulting from offsite release of cobalt-60 that has been deposited at the Southerly Treatment l Plant and (2) decontaminate the sewer connecting !
AMS with public sewer system. '
Current Status: An acknowledgment letter was issued on 4/2/93. Extensive environmental surveys were completed by Region III during the week of 5/24/93 and an inspection report was issued on 7/29/93. A Northeast Ohio Regional Sewer District (NE0RSD) site characterization report was submitted on 6/30/94. A NE0RSD letter of 9/13/94 contained supplemental requests to this petition. An acknowledgment letter was issued on 10/14/94. A NE0RSD letter of 10/13/94 contained a second supplemental request to this petition; an acknowledgment-letter was issued on 11/2/94.
The scheduled completion date was extended several times in 1995 to allow preparation and staff review of an options paper for the Commission's consideration.
The staff provided status updates to the petitioner by telephone on 5/30/95,8/1/95,10/3/95,12/4/95,2/12/96, 4/16/96, and 6/18/96. Because of the agency-wide implications of waste disposal, the completion date was again extended several times in 1996 to continue staff review of the Commission Options Paper. The staff contacted the petitioner by telephone on 8/20/96, 10/22/96, and 12/20/96 to discuss the status of the petition. The options paper for the Commission's consideration has been completed by the Office of Nuclear Material Safety and Safeguards. However, an out-of-court settlement occurred on 12/20/96 for cost recovery action NE0RSD brought against AMS and the other defendants. This settlement agreement addresses the majority of issues raised in the petition. The staff requested the petitioner's views regarding the impact of the settlement j
j I
agreement on the petition by letter dated 2/3/97. The -
petitioner's letter dated 3/4/97 indicated that the petitioner's requests are not completely covered by the settlement agreement, and the petition remains relevant.
Facility: Advanced Medical Systems. Inc.
Petitioner: Northeast Ohio Regional Sewer District Date of Petition: 8/19/94 .j Director's Decision To Be Issued by: NMSS Date Referred to Review Organization: 8/29/94 EDO Number: 10395 OGC Number: P-94-020 Scheduled Completion Date: 7/30/97 Last Contact with Petitioner (s): 2/3/97 Petition Manager: J. DeCicco i Case Attorney: R. Weisman j l
Issues / Action Requested: Amend AMS license to install, maintain, and ;
operate alarms on all drains from London Road I facility.
Current Status: An acknowledgment letter was issued on 9/7/94. The staff i completed its research of Picker Corporation's (previous licensee) license file to establish use/ discontinuance of flow-rate alarms in the 1970s. On 12/29/94 the Sewer District requested a license renewal hearing per Subpart L, 10 CFR 2.1205. The staff met on 3/14/95 to discuss the 1 petition. The scheduled completion date was delayed in l June 1995 because of a license amendment request from AMS on 3/22/95, which requested installation of a sampling system on a proposed lateral sewer line. The completion date was extended in August 1995 to allow time for completion of the staff's review. The staff provided status updates to the petitioner by telephone on 5/30/95, 8/1/95,10/3/95,12/4/95,2/12/96,4/16/96,6/18/96, 8/20/96, 10/22/96, and 12/20/96. The completion date was extended in January 1997 to 3/30/97 to allow for the staff's review of the draft Director's Decision. The staff requested the petitioner's views regarding the impact of a settlement agreement on the petition by letter dated 2/3/97. The petitioner's letter dated 3/4/97 indicated that the petitioner's requests are not completely covered by the settlement agreement, and the petition remain relevant.
Facility: Georaia Tech and All Licensees Petitioner: P. Blockey-0'Brien Date of Petition: 10/23/94; supplemented 11/12/94,12/4/94,2/21/95, 2/23/95,3/6/95,3/28/95,4/18/95,5/18/95,6/27/95, 7/18/95, 8/18/95, 8/21/95, 8/28/95, 8/31/95, 9/17/95, 10/27/95, 1/10/96, 1/27/96, 3/14/96, and 5/24/96
Director's Decision To Be Issued by: NRR Date Referred to Review Organization: 11/15/94 10598 EDO Number: P-94-027 OGC Number:
Scheduled Completion Date: 6/30/97 3/31/97 Last Contact with Petitioner (s): M. Mendonca Petition Manager:
Case Attorney: M. Stein Withdraw license from, shut down, and decommission Issues / Action Requested: the Neely Nuclear Research Reactor at the Georgia Institute of Technology; revoke all licenses to discharge radioactive wastes to sewers and waters of the United States and oceans of the world, and
, revoke all licenses that use as low as reasonably i achievable criterion; and add requirements to I license for the transportation ot' radioactive material and to prohibit the transport of radioactive material by mail.
11/21/94 that the 2.206 The petitioner was informed onAn acknowledgment letter was Current Status:
process is a public process.The petitioner was contacted and has issued on 11/22/94.
responded with supplemental letters dated 11/12/94, 12/4/94,2/21/95,2/23/95,3/6/95,3/28/95,4/18/95, 5/18/95, 6/27/95, and 7/18/95. The scheduled compietion date of the initial response letter was delayed in February 1995 because of the increased scope as a result of supplements and potential hearing issues. A statusThe update letter was sent to the petitioner on 6/5/95.
scheduled completion date was extended in July 1995 to accommodate the remaining necessary reviews.
The staff issued a partial Director's Decision (DD-95-15) on 7/31/95 denying the requested actions based on the petition issues considered to date. The final Director's Decision will depend on the license renewal process, including potential Atomic Safety and Licensing Board hearings and appeals. In a letter dated 8/29/95, the Secretary of the Commission informed the petitioner that the partial Director's Decision constituted the final action of the Commission on the petition issues considered to date.
On 9/12/95, the staff responded to the petitioner's additional letters of 8/18/95,8/21/95,8/28/95,and 8/31/95. The staff received additional letters dated 9/17/95,10/27/95, 1/10/96, 1/27/96, and 3/14/96. The staff provided a status update to the petitioner by letter dated 9/12/95. On 11/15/95, the petitioner was again informed of the status of the response to the petition via personal interaction at a Georgia Tech Research Reactor prehearing i.onference. The petition manager provided a status update to the petitioner by telephone on 1/22/96.
10/27/95, A written update responding to the petitioner's 1/10/96,1/27/96, and 3/14/96 letters was sent 's the petitioner on 3/22/96. The petitioner was contacted on l
5/22/96 by the pstition manager at a limited appearance '
hearing for the engoing license renzwal proceeding. The petitioner was informed that evaluation of the petition was pending completion of the ongoing Atomic Safety and Licensing Board (ASLB) proceeding. The petitioner sent in a supplement dated 5/24/96, which was docketed and provided to the ASLB panel for the licensr. renewal proceeding during the limited appearances on 5/22/96.
In a telephone conversation on 5/31/96, the petitioner indicated to an NRC Region II official that she disagreed with the partial Director's Decision of 7/31/95. This was responded to by letter dated 9/26 petitioner called she NRC Chairma/96. On 6/17/96, the supplement of 5 n to indicate that her the petitioner /24/96 felt wasincluded relatedall tothe theinformation that petition. The petition manager returned the call on 6/18/96 and
- discussed petitioner.
the status of the 2.206 review with the j
e Because of delays in the scheduled completion of the ASLB i
hearing on the remaining contention, the completion date for this petition was extended to 6/30/97. The petitioner j was contacted by telephone on 8/16/96 to discuss the status of the' petition. A status update letter was sent to the petitioner on 10 The petitioner was
- contacted by telephone o/24/96.
n 12/31/96, 1/28/97, and 3/31/97 and informed of the status of the petition which is awaiting the ASLB decision.
i Facility: Millstone i Petitioner: A. Ross l
Date of Petition: 1/15/95; supplements of 10/28/94 and 10/14/95 j Director's Decision To Be Issued by: NRR
} Scheduled Completion Date: 5/16/97 La.st Contact with Petitioner (s): 3/3/97 Petition Manager: J. Andersen
. Case Attorney: S. Chidakel Issues / Action Requested: Take " accelerated" enforcement action against Northeast Utilities for violations at Millstone involving procedure compliance, work control, and tagging control.
Current Status:- An acknowledgment letter was issued on 2/23/95. The petitioner submitted additional information on 2/8/95, 2/20/95, and 2/23/95. In the 2/23/95 letter, the petitioner requested that the EDO act on the petition as soon as possible. The staff responded to the additional submittals on 3/20/95. Status update letters were sent to the petitioner on 5/9/95, 7/19/95, and 10/4/95. The status of the petitions was discussed in telephone calls with the petitioner on 5/25/95,6/2/95,7/24/95,8/14/95, i~ 9/22/95, and 5/29/96. On 5/30/95 and 6/2/95, the NRC i staff discussed Northeast Utilities' letters of 3/15/95, 3/24/95, and 5/12/95 in telephone calls with the ,
petitioner. Based on a copy of the petition obtained by
[ Northeast Utilities, the licensee voluntarily provided a 1
i I
4 response to the petition on 5/12/95. An inspection (50- i 245/95-22, 50-336/95-22, 50-423/95-22) was conducted at
- the site in May and June 1995 to audit the licensee's )
! response to the petitioner's concerns. The licensee
' responded with its investigation into the matters during the first quarter of 1995. Because the results from the ,
_' inspection were needed to prepare the Director's Decision, !
the scheduled completion date was extended in 1995.
j 3 In a letter dated 10/9/95, the petitioner stated t!.zt the i NRC update letters were inadequate. In a letter dated l
10/16/95, Congressman Gejdenson requested information j
a concerning the petitioner's 10/9/95 letter. The staff responded to the petitioner on 12/12/95 (and to Congressman Gejdenson on 12/14/95) and provided a status
- update on his petitions.
f In a letter dated 10/14/95, the petitioner submitted an
! additional 10 CFR 2.206 request. On 11/24/95 the staff responded to the petitioner's 10/14/95 letter and informed the petitioner that its 10/14/95 letter will be treated as a supplement to this petition. On 2/7/96, 4/16/96, l 8/12/96, 10/11/96, 1/8/97, and 3/3/97, the staff sent j
~
status update letters to the petitioner. The completion-date was extended several times in 1996 and 1997 to allow time for further staff review.
4 I Facility: Millstone
) Petitioners: G. Galatis, and E. Hadley on behalf of We the People, Inc.
j Date of Petition: 8/21/95, supplemented 8/28/95 Director's Decision To Be Issued by: NRR I Date Referred to Review Organization:
8/30/95 :
Scheduled Completion Date: 5/31/97 Last Contact with Petitioner (s): 2/21/97 i Petition Manager: S. Dembek Case Attorney: R. Hoefling .
Issues / Action Requested: The petitioners allege that Northeast Utilities (NU) has offloaded more fuel assemblies into the spent fuel pool than permitted under License ;
Amendments 39 and 40; that NU has knowingly '
operated Millstone in violation of its operating licenses; and that NU has submitted material false statements. Petitioners seek institution of a l proceeding to suspend the operating license for )
l l
.__ _ _ ~ . __ _ _ . _ _ . . _ _ _ . _ _ _ _ _ _ _ _ _ . _ . . _ _ . . _
Millstone Unit I fer 60 days after the unit is brought into compliance with the license :nd the design basis. In addition, the petitioners .
request that the operating license be revoked until.the facility is in full compliarce with the terms and conditions of its license; before reinstatement of the license, a detailed independent analysis of the offsite dose consequences of total loss of spent fuel pool water be conducted; that enforcement action be taken against NU pursuant to 10 CFR 50.5 and 50.9; that actions be taken regarding a proposed license amendment pending before the Commission wherein NU seeks to increase the amount of spent fuel it may offload and that the amendment be denied; that the NRC retain an independent expert, at NU's expense, to prepare a safety analysis report on the proposed amendment; and that, before the issuance of any amendment, an analysis including both the probability and consequences of applicable events be conducted. In the supplement, Mr. Galatis raises additional concerns. These concerns are that NU.also committed violations by offloading more than one-third of a core of fuel at Millstone Units 2 and 3 and Seabrook Unit 1. In addition, with regard to Millstone Unit 3, Mr. Galatis is concerned that NU submitted a material false statement to the NRC associated with a license amendment and that an unanalyzed condition exists with regard to system piping for full-core offload events. With regard to Seabrook Unit 1, Mr. Galatis is concerned about technical specification violations associated with a criticality analysis. Finally, the petitioners make the additional request that a public hearing ;
be held in the vicinity of Millstone Unit I to permit comment by the public on the issues raised in the petition.
Current Status: Northeast Utilities (NU) voluntarily provided its response to the 8/21/95 letter on 9/22/95 and to the 8/28/95 supplement on 10/11/95. On 9/22/95, the staff contacted the petitioner to inform him that issuance of the acknowledgment letter had been delayed because of ongoing investigations by the Office of Investigations (01) and the Inspector General (IG) as well as independent NRC reviews. The staff also informe/ the petitioner that if he wanted to intervene in the Mia) stone Unit I spent fuel pool amendment, he had until 9/29/95 to do so. The !
acknowledgment letter was issued on 10/26/95. !
The staff completed its review of the licensee's amendment request and on 11/9/95 issued the amendment and safety evaluation. The staff reviewed the IG and 01 reports to determine if future inspections at Millstone were needed.
A spent fuel pool inspection was conducted at Millstone in March 1996 to review the 10 CFR 2.206 concerns as well as
other spent fuel pool issues. The scheduled completion date was extended in February 1996 to 7/30/96 because of-technical issues requiring further staff review. On 2/1/96 and 4/9/96, the staff issued status update letters to the petitioner. On 2/5/96, a Federal Register notice was issued announcing a 10 CFR 2.206 informal public hearing to be held on 3/7/96. The 3/7/96 meetingthat The meeting waswas postponed because of poor weather.
subsequently held on 4/8/96 was well attended and there was considerable public interest in the issues raised in the petition. However, the staff did not identify any significant new safety issues requiring further staff
, action. On 4/12/96 the staff mailed the petitioners and I the licensee an advance copy of the 4/8/96 meeting j transcript. On 4/24/96 the staff mailed the petitioners the official transcript.
On 6/7/96 the staff issued a status update letter to the petitioners. The update letter included a 5/21/96 report on the NRC's survey of refueling practices and a 5/17/96 letter from NU that answered an NRC question raised during the 4/8/96 informal public hearing. On 7/19/96 the staff issued a status update letter to the petitioners and sent the petitioners a copy of the NRC inspection report for the Millstone I spent fuel pool issues. The completion date was extended in August 1996 to 10/31/96, and again in October 1996 to 5/31/97 to allow for additional staff review. On 9/19/96 the staff issued a status update letter to the petitioners and sent the petitioners an NRC memorandum dated 7/26/96 informing the Commission of the resolution of the spent fuel storage pool action plan issues. On 11/15/96 the staff issued a status update letter to the petitioners which included an example of a 10 CFR 50.54(f) letter sent to all plants (except Millstone) requiring information that will provide the staff with added assurance that plants are operated and maintained in accordance with their design bases and any deviations are reconciled in a timely manner. On 12/26/96, the staff issued a partial Director's Decision (DD-96-23) that addressed the technical aspects of the petitioners' requests.. The wrongdoing aspects are still under review and will be addressed in a rubsequent Director's Decision. On 2/21/97, the staff issued a status update letter to the petitioners which included the slides used by staff of the NRC's Office for Analysis and Evaluation of Operational Data during their 2/5/97 public presentation of their generic assessment of spent fuel cooling. See Attachment 3 for further information.
3 Facility: National Institutes of Health (NIH1 Drs. M. Ma and B. Zheng (0, Katz)
Petitioners:
Date of Petition: 10/10/95 Director's Decision To Be Issued by: NMSS Date Referred to Review Organization: 10/10/95 EDO Numbsr: '
OGC Number: 721 '
Scheduled Completion Date: P-95-021 4/30/97 Last Contact Petition with Petitioner (s):
Manager: 4/1/97 ,
Case Attorney: C. Jones G. Longo Issues / Action Requested:
(1) Suspend or revoke materials license of NIH because of willful reckless, and deliberate violation of numero,us regulatory requirements resulting in internal contamination of the petitioner, the petitioner's fetus, and other NIH employees; (2) take other appropriate enforcement action against NIH for its willful and reckless violation of 10 CFR Part 20.
Current Status:
The petitioner was informed on 10/17/95 that the 2.206 process is a public process. An ackno'wledgment letter was issued on 10/30/95. The request that license.no. 19-00296-10 be insnediately suspended or revoked pending resolution of the petition was denied in the acknowledgment letter. On 11/2/95, the NRC issued a demand for information to NIH in which it requested that j NIH submit a complete and thorough response to'each of the i issues raised in the petition. The response was received
! by the NRC on 12/11/95. The NRC, in a letter to NIH dated
- 1/29/96, forwarded to NIH a redacted version of a 1995
' augmented inspection. team (AIT) report and scheduled an i
open predecisional enforcement conference at NRC Headquarters on 2/26/96. NIH responded in a letter dated 2/14/96 requesting an extension of the predecisional
! enforcement conference until the middle of April. In a
! letter dated 3/19/96 to NIH's General Council, the NRC i
stated that the open predecisional enforcement conference i
had been set for 4/19/96 at NRC Headquarters and that l
several apparent violations identified during the 1995 NRC AIT, as well as during a special inspection conducted in
- late 1995, would be discussed at the conference.
' The petitioners submitted a reply (dated 3/25/96) to NIH's response to NRC's Demand for Information which discusses a i number of concerns raised by NIH's submittal to the NRC j
(dated 12/11/95). On 3/25/96 NIH wrote to NRC's General j Counsel requesting, among other items, that the NRC hold i
' the predecisional enforcement conference in Region I, and that the meeting be held as a closed meeting not open to the public. Subsequently, a representative from NRC's Office of the General Counsel informed NIH that NRC's plans were to go forward with an open conference on 4/19/96. NIH responded in writing (letter dated 4/16/96) and informed the NRC that NIH would not attend the enforcement conference scheduled on 4/19/96 in order to preserve privacy interests associated with the issues raised and would instead make a written submission to the NRC AIT inspection report by 5/24/96.
The staff notified the petitioner of a delay in the completion date by telephone on 5/6/96. NIH submitted its
- response on 5/23/96 (which was received by NRC on 5/28/96) to the apparent violations as described in an NRC letter dated 1/29/96. The staff reviewed the document and on 6/6/96 placed a copy of the NIH redacted response in the NRC Public Document Room. The petition manager provided a ,
status update to the petitioner by telephone on 6/5/96. ,
The staff issued a Notice of Violation (NOV) and proposed imposition of civil penalty on 8/23/96 regarding the failure to secure from unauthorized removal or limit access to licensed materials that were stored in unrestricted areas. The petitioner was contacted by telephone on 8/23/96 and informed that the staff had extended the completion date to allow time for additional staff review of the exposure events.
On 9/23/96, NIH responded to the'above-referenced NOV, and protested the proposed imposition of a civil penalty for violations of security requirements, as well as other violations cited in the 8/23/96 NOV. The staff extended the completion date for this petition to 2/28/97 to allow.
sufficient time for review of the NIH response and appropriate staff action. On 1/14/97 the staff forwarded to both NIH and the petitioner a complete version of a 1995 augmented inspection team report along with a copy of the final medical consultant's report. As requested by the petitioner, the petition manager informed the petitioner on 2/4/97 that the NRC's Office of Investigations (0I) had completed its report regarding this incident. The staff has reviewed the 01 report and has met with all the NRC offices to coordinate resolution of the issues raised in the petition. The petitioner was contacted by telephone on 4/1/97 and informed of the status of the petition. See Attachment 3 for further details.
Facility: Shieldalloy and Cyoress Foote foreviousiv Foote Mineral)
Petitioner: S. Bauman Date of Petition: 7/22/96 Directer's Decision To Be Issued by: NMSS Date Referred to Review Organization: 8/27/96 EDO Number: GT96596.
OGC Number: P-96-019 Scheduled Completion Date: 4/30/97 Last Contact with Petitioner (s): 2/10/97 Petition Manager: J. Kennedy Case Attorney: M. Rafky ,
Issues / Action Requested: Requests that Foote Mineral's license be reinstated, and that Shieldalloy and Cypress Foote be made co-responsible licensees with regard to the proper remediation and decommissioning of the Shieldalloy site. Also requests that any and all i
parties found to be involved in any wrongdoing as '
alleged in this complaint be terminated from employment, and that where appropriate, criminal ..
charges be pursued. Requests that the environmental impact. statement now being performed for the Shieldalloy site be terminated, and that Shieldalloy and Cypress Foote be jointly ordered to submit a decommissioning plan for licensed materials that includes only a plan to remediate licensed materials (to include grading and evaluation of all various assorted options, including disposal at a licensed disposal facility). Finally, the petition requests that the Ohio Environmental Protection Agency and Department of Health evaluate all unlicensed slag found at the Shieldalloy site. In Section Two of the petition, the petitioner alleges that Shieldalloy's decommissioning plan would wrongfully mix licensed and. unlicensed waste.
Current Status: The petitioner was contacted on 10/2/96 and informed that i
i.
the 2.206 process is a public process. An acknowledgment letter was issued on 10/11/96. The scheduled completion date was revised in December 1996 to 3/31/97, and again in January 1997 to 4/15/97 to allow additional time for staff review. The petitioner was informed of the change in 1-status by telephone on 1/7/97. A status update letter was sent to the petitioner on 2/10/97 stating that the staff
[; expected to complete the review of the petition by 4/30/97.
Facility:
Maine Yankee and All Other Plants Usina the RELAP Code for ECCS Analyses Petitioner: P. Sears Date of Petition: 8/19/96 Director's Decision To Be Issued by: NRR Date Referred to Review Organization: 9/6/96 EDO Number: GT96659 OGC Number: P-96-020 Scheduled Completion Date: 4/20/97 Last Contact with Petitioner (s): 3/26/97 Petition Manager: P. Tam Case Attorney: G. Longo Issues / Action Requested: Requests the NRC take action with regard to the Maine Yankee Nuclear Power Station and all users !
of the RELAP computer code for emergency core cooling systems (ECCS). Specifically, the petitioner requests that the NRC fine Maine Yankee :
Atomic Power Company and Yankee Atomic Electric !
Company if computer runs have not been kept in accordance with YAEC's computer code quality assurance procedures, and that the NRC inspect all users of RELAP and fine those users not operating
within required computer code verification procedures.
The An acknowledgment letter was issued on 9/24/96.
Current Status: petitioner manager was changed in December 1996 and the Status scheduled completion date was extended to 4/20/97.
update letters were issued on 1/27/97 and 3/26/97 I informing the petitioner of the status of the petition.
l l
Facility:
Northern States Power Company ISFSI Florence Township, MN Petitioner:
Date of Petitions: 8/26/96 NMSS Director's Decision To Be Issued by:
Date Referred to Review Organization: 9/13/96 GT96669/GT96670 EDO Number: P-96-021 OGC Number: On hold pending completion of Scheduled Completion Date: adjudicatory proceedings Last Contact with Petitioner (s): 4/1/97 M. De111gatti Petition Manager: L. Clark Case Attorney:
Issues / Action Requested:
Two petitions request that the NRC take various actions regarding Northern States Power Company's (NSP) application for an Independent Spent Fuel Storage Installation (ISFSI). Specifically, petitioner requests that the NRC reject NSP's application for an ISFSI, or, in the alternative, suspend taking any action on the application pending the completion of litigation in the State courts. Requests that NSP be required to name the local governments expected to respond in the event of an emergency and allow 60 days for local governments to comment on the proposed emergency plan. Requests the NRC take enforcement action
.against NSP for violating the requirements of 10 CFR 72.32(a)(14) by not permitting the petitioner to comment on the proposed emergency plan before submission to the NRC. Specifically, the NRC is asked to impose a penalty in the amount of one million dollars and require NSP to compensate petitioner in the amount of $7500 for time expended by its Board and attorney in attempting to obtain the emergency plan before submission to the NRC.
The attorney for the petitioner was informed on 10/3/96 Current Status: that the 2.206 process is a public process. The staff has determined that only the request for enforcement action falls within the purview of 10 CFR 2.206. All other aspects of the petition will be considered as part of NSP's application for the offsite ISFSI. An acknowledgment letter was issued on 10/11/96.
l
. _1 The petitioner's attorney was informed by the staff on '
11/22/96 that the petition addresstd issues that were also part of adjudicatory proceedings associated with petitions to intervene. Therefore, no Director's Decision could be .
made until the adjudicatory proceedings were completed.
Furthermore, the applicant has requested and the staff has granted, a request that the license a,pplication review be suspended pending completion of Minnesota State judicial proceedings which could critically impact the continuation of the project. Subsequently, the Atomic I
Safety Licensing Board Panel which had scheduled a pre- !
hearing conference on the petitions to intervene also suspended its proceedings until the State court action is completed.
The petitioner was contacted on 1/2/97 and informed of the status of the petition.
At the request of the Deputy Director, Nuclear Material Safety and Safeguards,- the Office of the General Counsel was contacted to confirm that. no action was possible on i
this petition until the adjudicatory proceedings described above are completed.. The petitioner contacted the staff by telephone on 4 the petition was /1/97 and was apprised that the status of unchanged. l Facility: Point Beach Petitioner: D. Dums on behalf of Wisconsin's Citizens' Utility Board i
Date of Petitions: 9/30/96 i
{
Director's Decision To Be Issued by: ~NRR Date Referred to Review Organization: 10/2/96 EDO Number: j 4 GT96774 OGC Number: P-96-022 i
Scheduled Completion Date: 4/25/97 Last Contact with Petitioner (s): -4/1/97 i Petition Manager: W. Reckley i Case Attorney: L. Clark t,
i Issues / Action Requested: (1) Order Wisconsin Electric Power Company (WEPCO) to retain 24 empty and available spaces in the Point Beach spent fuel pool to provide the .
capability to permit retrieval of spent fuel from a VSC-24 cask in the event of an accident requiring removal of spent fuel from the cask or in the event that conditions of the Certificate of Compliance (C0C) for the VSC-24 require removal of spent fuel from the cask, until such time that WEPC0 has other options available to it to remove spent fuel from a cask in the event conditions warrant it. '
1 (2) Order. users of the VSC-24 cask not to load VSC-24 casks until the COC, Safety Analysis Report (SAR) and Safety Evaluation Report (SER) are :
amended to contain operating controls and limits l that prevent hazardous conditions, including but l
not limited to the generaticn of explosive gases, due to VSC-24 material reactions with environments
- encountered during loading, storage, and unloading i of the VSC-24 cask. l Current' Status: The petitioner was informed on 10/3/96 that the 2.206 !
process is a public process. An acknowledgment letter ',
addressing the petitioner's iurdiate concern regarding offloading of the reactor core a ' ring the Point Beach Unit 2 refueling outage was issued on 10/11/96. The status of i
staff reviews related to hAC Bulletin 96-04, potential i loading dates for VSC-24 casks, and staff activities !
related to the petition were discussed with the petitioner !
during a telephone conversation on 10/31/96. The i petitioner was contacted by telephone on 12/3/96 to inform him that the confirmatory ' action letter had been closed for Arkansas Nuclear One (ANO) and that cask loading would .
be initiated at that facility. An acknowledgment letter -
denying the petitioner's second request was issued on !
12/10/96. Material relevant to the petition was forwarded to the petitioner by letters dated 11/7/96 and 1/27/97.
The n hedulad completion date was extended in February ,
1997 to 3/31/97 to accommodate staff review of the draft Director's Decision. The due date was subsequently extended to 4/25/97 to support final staff review of the Director's Decision and to address recent events. The petitioner was contacted by telephone on 4/1/97 to inform him of the status of the Petition and a recent issue i pertai31ng to the need to perform weld repairs during the welding of the lid on sever'al VSC-24 casks at ANO.
I Facility: Shieldalloy Petitioner: S. Bauman Date of Petitions: 10/11/96 and 2/7/97 Director's Decision To Be Issued by: NMSS I Date Referred to Review Organization: 10/23/96 :
~EDO Number: GT96775/GT97085 l
OGC Number: P-96-023 Scheduled Completion Date: 4/23/97 Last Contact with Petitioner (s): 3/7/97 '
Petition Manager: G. Comfort Case Attorney: M. Rafky Issues / Action Requested: Requests that Shieldalloy's license for its l
Newfield, New Jersey site be revoked and l " downgraded" to one permitting possession f low-l level radioactive wastes for the purpose ci decommissioning only. Petition also asserts, as a basis for this request, that Shieldalloy cannot i meet NRC financial assurance requirements.
l Current Status: An acknowledgment letter was issued on 11/14/96. The <
>etitioner submitted an additional petition on 2/7/97 i tich will be combined with the first petition and ;
nswered simultaneously. An acknowledgment letter for the ,
l !
- . . - - -- - - - ~ ~
2/7/97 petition was issued on 3/7/97. The draft '
Director's Decision is being reviewed by the staff.
Facility: San Onofre Nuclear Generatina Station Petitioner: S. Dwyer <
Date of Petition: 9/22/96, as supplemented 12/10/96 Director's Decision To Be Issued by: NRR Date Referred to Review Organization: 10/24/96 EDO Number:- GT96778 !
OGC Number: P-96-024 Scheduled Completion Date:- On hold - awaiting additional i information from petitioner last Contact with Petitioner (s): 2/6/97 j Petition Manager: M. Fields
{ Case Attorney: H. McGurren
!- Issues / Action Requested: Requests the NRC shut down the San Onofre Nuclear j
- Generating Station "as soon as possible" pending a complete review of the "new seismic risk."
- Current Status: The petitioner wah contacted by internet electronic mail on 10/16/96 and informed that the 2.206 process is a public process. An acknowledgment letter was issued on
.11/22/96. 'A second letter was sent to the staff from the j petitioner on 12/10/96 which provided additional information regarding the petition. A supplemental j acknowledgment letter to the petitioner in response to the 12/10/96 letter was issued on 2/6/97. The 2/6/97 letter ;
- informed the petitioner that the staff's review of the )
l petition would be placed on hold until all the relevant i information in support of the petition (as alluded to in j the 12/10/96 supplement) had been provided to the staff.
i' Facility: All Users of the VSC-24 Nuclear Waste Storace Cask 4
i Petitioners: M. Sinclair and E. Roemer on behalf of Don't Waste Michigan and Lake Michigan Federation, respectively j 03tn of Petition: 10/18/96 i
j Ofrector's Decision To Be Issued by: NMSS j Date Referred to Review Organization: 11/13/96 i EDO Number: GT96801 OGC Number: P-96-025 Scheduled completion Date: 5/9/97
- Last Contact with Petitioners: 4/3/97
{ Petition Manager: M. Bailey l
Case Attorney: L. Clark
. Issues / Action Requested: Prohibit the loading of any and all VSC-24 nuclear I waste storage casks by users of the cask under the
! general license, until the NRC, following an
! independent third party review of the VSC-24 cask i design, has amended the Safety Analysis Report
! (SAR), Safety Evaluation Report (SER), and l Certificate of Compliance'(C0C) to address the i
j j I
significant safety concerns raised in the petition.
Current Status: The petitioners were contacted by telephone on 11/26/96 2 and informed that the 2.206 process is a public process.
On 12/3/96 and 12/4/96, the petitioners were informed by
' telephone that the confirmatory action letter for Arkansas Nuclear One (ANO) had been closed and that ANO would begin loading spent fuel into a VSC-24 cask. An acknowledgment letter was issued on 12/10/96. A representative from the National Association of Corrosion Engineers (NACE) was contacted on 1/3/97 and 1/13/97 to gather information on NACE and to discuss the possibility of having NACE perform a third-party review of the cask, as requested by the petitioners. On 4/3/97, the staff informed the petitioners of a weld crack discovered by ANO during its third VSC-24 cask loading. The weld crack, which was discovered while welding the shield lid in place,.was successfully repaired and tested, and cask loading was comple W . On 4/7/97, the NRC conducted a special inspection at ANO to review this issue for any generic l design or safety implications. The staff is evaluating the impact of this recent weld issue on the petition.
Facility: Connecticut Yankee and Millstone Units 1. 2. and 1l Petitioners: D. Katz, Citizens Awareness Network and P. Gunter, Nuclear Information and Resource Service Date of Petition: 11/25/96, as amended 12/23/96 Director's Decision To Be Issued by: NRR Date Referred to Review Organization: 12/20/96 EDO Number: GT96919 OCC Number: P-96-026 Scheduled Completion Date: 5/31/97 Last Contact with Petitioners: 2/4/97 Petition Manager: D. Mcdonald Case Attorney: R. Hoefling Issues / Action Requested: Petitioners request the staff to take the following actions: (1) immediately suspend or revoke Northeast Utilities' (NU) license to operate the Connecticut Yankee (CY) and Millstone reactors due to chronic mismanagement; (2) investigate the possibility that NU made material misrepresentations to the NRC concerning engineering calculations and other information or J actions relied upon to assure the adequacy of safety systems at CY and Millstone; (3) if an investigation determines that NU deliberately provided insufficient and/or false or misleading i information to the NRC, revoke NU's operating licenses for CY and Millstone, or, if not, keep the reactors off-line pending a Department of
, Justice independent investigation; (4) if the l reactors remain operating, petitioners request that they remain on the NRC's " watch list"; (5) 1
keep CY and M111stene off-line until NU's chronic i cisranagement has been analyzed, r: medial management programs put into effect and the NRC has evaluated and approved the effectiveness of NU's actions; (6) in the event NU decides to <
decommission any or all of the reactors at issue, petitioners request the NRC not to permit any decommissioning activity to take place until the above issues are resolved; and (7) commence an investigation into how the staff allowed the illegal situation at NU's Connecticut reactors to j
exist and continue over a decade.
Current Status: The petitioners were contacted by telephone on 12/19/96 and infonned that the 2.206 process is-a public process.
The videotape which was provided with the petition has been transcrit'ed and placed in the NRC's Public Document
- Room and the local public document rooms. An acknowledgment letter was issued on 1/23/97. The staff indicated in the acknowledgment letter that D. Katz, i ,
President of CAN had been added to the NRC service lists for the Millstone and Haddam Neck facilities to assure
- that the petitioners receive NRC correspondence relevant to the petition. The staff also indicated in the acknowledgment letter that the petition, the supplemental information, and a transcript of the videotape had been i
sent to the NRC's Office of the Inspector General (IG).
The staff received a letter dated 1/12/97 from CAN and NIRS expressing concern that the staff should not respond to the portions of the petition relating to the NRC staff, that the IG should be involved in those areas, and that the petitioners had not received the staff's acknowledgment letter. The petitioner was contacted on 1/28/97 and 2/4/97 to discuss the 1/12/97 letter. It was !
agreed that the acknowledgment letter had addressed the concerns expressed in the 1/12/97 letter. j Facility: Vermont Yankee i
Petitioner: J. Block on behalf of Citizens Awareness Network, Inc. l Date of Petition: 12/6/96 Director's Decision To Be Issued by: NRR Date Referred to Review Organization: 1/23/97 EDO Number: GT96950 OGC Number: P-96-027 Scheduled Completion Date: 5/31/97 Last Contact with Petitioner: 2/12/97 ,
Petition Manager: V. Rooney 1 Case Attorney: R. Hoefling Issues / Action Requested: Petitioners request the staff to evaluate two memoranda concerning the Vermont Yankee (VY) nuclear power station and take enforcement action, if it is warranted, t ased upon the information contained therein. 'ae first document is a
l j
i
-Citizens Awariness Network (CAN) memorandum l i
reviewing information presented by the licensee at !
an enforcement conference involving the VY l residual heat removal (RHR) system minimum flow '
valves. The petitioner raises a concern that the corrective action taken by the licensee in opening
! these valves may have introduced an unreviewed safety question with regard to containment
! isolation. The second document is a CAN l memorandum reviewing certain licensee event
! reports (LERs) submitted by the licensee on a j variety of issues such as fire protection, tornado protection, thermal protection for piping lines,
) equipment operability and equipment testing.
4
- Current Status
- An acknowledgment letter was issued on 2/12/97. A draft
{ Director's Decision has been prepared and is under staff j review.
Facility: N111 stone and Connecticut Yankee Petitioner: E. Hadley on behalf of A. Cizek i
Date of Petition: 3/3/97
! Director's Decision To Be Issued by: NRR
{ Date Referred to Review Organization: 3/17/97
- EDO N nber: GT97140
, OGC Number: P-97-004 Scheduled Completion Date: 9/30/97
, Last Contact with Petitioners: 4/8/97 Petition Manager: S. Reynolds i Case Attorney: R. Hoefling j Issues / Action Requested: Petitioner proposes the operating licenses of l Millstone Units 1, 2, and 3 and Connecticut Yankee i each be modified to include seven provisions. The l first four provisions would specify specific l conditions (issuance of violations) that would trigger the operating license being suspended for j a period of not less than 90 days and not more than 180 days. The fifth provision would specify 4 that the operating license be revoked if within 5 years of a license suspension (based on the first four provisions) after three additional violations are issued. The sixth provision would specify that the facility could not be operated pending
, any appeals to the revocation. The seventh provision would establish a mechanism for NRC to designate an appropriate L1 ternate licensee to operate the facility during any suspension or revocation and would require the licensee to' post a bond in the amount of $500,000,000 as reasonable assurance that this condition could be fulfilled.
Current Status: An acknowledgment letter was issued on 4/8/97.
1 .
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Facility: Connecticut Yankee Petitioners: R. Bassilakis, Citizens Awareness Network (CAN) and P. Gunter, Nuclear Information and Resource Service (NIRS) .
Date of Petition: 3/11/97 Director's Decision To Be Issued by: NRR Date Referred to Review Organization: 3/20/97 EDO Number: GT97181 OGC Number: P-97-003 Scheduled Completion Date: 5/31/97 Last Contact with Petitioners: 4/3/97 Petition Manager: M. Fairtile Case Attorney: M. Rafky )
Issues / Action Requested: Petitioners request (1) that the NRC commence )
enforcement action against Connecticut Yankee (CY) by means of a large civil penalty to assure compliance with safety-based radiological control ?
routines, (2) modification of CY's license to prohibit any decommissioning activity, which would ,
include dismantling or decontamination, until CY manages to conduct routine maintenance of the l facility without any contamination events for at least F months, and (3) placement of CY (Haddam Neck) on the NRC's " watch list."
Current Status: An acknowledgment letter was issued on 4/3/97.
F 6~0F STATUS REPORT l
Attachment 2 Decisions Panding Before the Comission and the Courts i Petitioners: M. Hobby /A. Mosbaugh Facility /EDO No.: Lo.g11g/5836 o
Decision No./(Date): DD-97-06 (3/18/97) (Final)
Comments: DD-93-08, a partial decision denying portions of this petition was vacated and remanded to the staff (CLI-93-15). DD-97-06 supersedes DD-93-08 and is a final decision. DD-97-06 granted the petitioner's requests in part, and denied them in part.
- Petitioner: S. Doyle
. Facility /EDO No.: Westinahouse Electric Corooration/GT96400 i Decision No./(Date): D0-97-07 (3/20/97) (Final)
- j Comments: Denied.
Petitioners: P. Gunter and W. de Camp, Jr.
Facility /EDO No.: Oyster Creek /10473 Decision No./(Date): DD-97-08 (4/2/97) (Final)
, Comments: Granted in part. Denied in part.
1 l
END OF DECISIONS PENDING i
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