ML20154K124

Forwards Monthly Rept Reflecting Status of 10CFR2.206 Petitions as of 980930.Attachment 3 Filed in Central Files

ML20154K124
Person / Time
Issue date:	10/13/1998
From:	Boger B NRC (Affiliation Not Assigned)
To:	Callan L NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
Shared Package
ML20014C495	List: ML20154K124
References
2.206, DD-98-07, DD-98-08, DD-98-09, DD-98-7, DD-98-8, DD-98-9, NUDOCS 9810160122
Download: ML20154K124 (21)

Text

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October 13, 1998 MEMORANDUM TO: L. Joseph Callan Executive Director for Operations FROM:

Bruce A. Boghrriginal Signed by:

Acting Associate Director for Projects Office of Nuclear Reactor Regulation

SUBJECT:

SEPTEMBER 1998 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 September 30,1998. During the month, Director's Decisions (DD-98-07) on the petition on Philadelphia VA Medical Center (G980069) and (DD-98-08) on the petition on Commonwealth Edison Company (G980185) became final agency actions and were closed.

Also, during the month, the Director's Decision (DD-98-09) on the petition on Envirocare of Utah, Inc. (GT970863) was issued on September 14,1998.

Attachments 1,2,3, and 4 give the status of petitions for the Offices of Nuclear Material Safety and Safeguards and Nuclear Reactor Regulation. Attachment 1 includes only petitic,r3 with status chanae from the orevious uodate. Attachment 2 includes petitions with no status change from the previous update, and Attachment 3 lists other sensitive matters, which are for internal distribution only. Please note that Attachrnent 1 also includes first time additions to the list of petitions. Attachment 4 lists the Director's Decisions / Petitions that have been closed during the year.

2 By issuing the monthly report on the status of pending 10 CFR 2.206 petitions, the staff is documenting its responsiveness to petitioners. Those parts of the monthly report not of a sensitive nature are placed in the Public Document Room and are placed as a link on the NRC external home page, making them readily accessible to the public. The URL adciress for the WWW link is http://irm25/NRC/PUBLIC/2206/index.html.

Attachments:

1. List of Public Petitions Under 10 CFR 2.206 with Status Chanae from previous month.

2. Report on Status of Public Petitions with No Status Change from previous month.

/J

3. Decisions Pending Before the Commission and the Courts.

[

4. Decisions issued and/or Closed During the Year 1998 cc w/atts:

H. Thompson, EDO R. Bangart, OSP W. Kane, NMSS hh h j W. Travers, EDO C. Paperiello, NMSS J. Lieberman, OE v

P. Norry, EDO J. Cordes, Jr., OCAA E. Julian, SECY J. Blaha, EDO J. Goldberg, OGC G. Caputo, 01 K. Cyr, OGC L. Chandler, OGC OCA g

S. Collins, NRR Regional Administrators OPA gw o 3$

CONTACT: Ram Subbaratnam, NRR, 415-1478

• See previous concurrence M

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NAME RSubbaratnam DUNNINGTON PTKUO PGOLDBERG JZWOLINSKI BBOGER 55 o o.

DATE 10/ 9 /98 10/9

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4' Distribution:

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l TContralfileG P. Tressler/EDO W. Dean B. McCabe F. Cameron /OGC P.Lohaus PDil-1 r/f E. Dunnington E. Adensam

. P. Goldberg/NMSS B. Boger J. Zwolinski E. Baker /OD M. Stein /OE P.T. Kuo

- R. Subbaratnam L. Davis /OGC T. Essig PUBLIC w/att 1,2, & 4 only (Att 3 is "NOT FOR EXTERNAL DISTRIBUTION")

l

l October 13, 1998

'. MEMORANDUM TO: L. Joseph Callan Executive Director for Operations FROM:

Bruce A. Boghrriginal Signed by:

j Acting Associate Director for Projects Office of Nuclear Reactor Regulation

SUBJECT:

SEPTEMBER 1998 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 September 30,1998. During the month, Director's Decisions (DD-98 07) on the petition on Philadelphia VA Medical Center (G980069) and (DD-98-08) on the petition on l.

Commonwealth Edison Company (G980185) became final agency actions and were closed.

l Also, during the month, the Director's Decision (DD 98-09) on the petition on Envirocare

)

l of Utah, Inc. (GT970863) was issued on September 14,1998.

d l~

l Attachments 1,2,3, and 4 give the status of petitions for the Offices of Nuclear Material i

Safety and Safeguards and Nuclear Reactor Regulation. Attachment 1 includes only petitions with status chance from the orevious uodate, Attachment 2 includes petitions with no status change from the previous update, and Attachment 3 lists other sensitive matters, which are for internal distribution only. Please note that Attachment 1 also includes first time additions to the list of petitions. Attachment 4 lists the Director's i

Decisions / Petitions that have been closed during the year.

)

By issuing the monthly report on the status of pending 10 CFR 2.206 petitions, the staff is documenting its responsiveness to petitioners. Those parts of the monthly report not of a sensitive nature are placed in the Public Document Room and are placed as a link on the NRC external home page, making them readily accessible to the public. The URL address for the WWW link is http://irm25/NRC/PUBLIC/2206/index.html.

Attachments:

1. List of Public Petitions Under 10 CFR 2.206 with Status Chanae from previous month.

2. Report on Status of Public Petitions with No Status Change from previous month.

3. Decisions Pending Before the Commission and the Courts.

' 4. Decisions issued and/or Closed During the Year 1998 cc w/atts:

H. Thompson, EDO R. Bangart, OSP W. Kane, NMSS W. Travers, EDO C. Paperiello, NMSS J. Lieberman, OE P. Norry, EDO J. Cordes, Jr., OCAA E. Julian, SECY J. Blaha, EDO.

J. Goldberg, OGC G. Caputo, Ol K. Cyr, OGC L. Chandler, OGC OCA S. Collins, NRR Regional Administrators OPA 1

i CONTACT: Ram Subbaratnam, NRR, 415-1478

• See previous concurrence G:\\ ROBINSON \\ PETITION \\EDO2206.998 DISTRIBUTION: See next page OFFICE PDil-1/PM" LA:PDil 1

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NAME RSubbaratnam DUNNINGTON PTKUO PGOLDBERG JZWOLINSKl BBOGER DATE 10/ 9 /98 10/9

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/98 OFFICIAL RECORD COPY

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UNITED STATES

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NUCLEAR REGULATORY COMMISSION I

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/g WASHINGTON, D.C. 30666 4001 October 13, 1998 MEMORANDUM TO: L. Jos'eph Callan Executive Director for Operations

^

FROM:

Bruce A. Boger Acting Associate Director for rojects Office of Nuclear Reactor Regulation

SUBJECT:

SEPTEMBER 1998 REPORT ON THE STATUS OF PUBLIC PETITIONS l

UNDER 10 CFR 2.206 l

The attached monthly report reflects the status of 10 CFR 2.206 petitions as of September 30,1998. During the month, Director's Decisions (DD-98-07) on the petition on Philadelphia VA Medical Center (G980069) and (DD-98-08) on the petition on Commonwealth Edison Company (G980185) became final agency actions and were closed.

Also, during the month, the Director's Decision (DD-98-09) on the petition on Envirocare of Utah, Inc. (GT970863) was issued on September 14,1998.

Attachments 1,2,3, and 4 give the status of petitions for the Offices of Nuclear Material Safety and Safeguards and Nuclear Reactor Regulation. Attachment 1 includes only petitions with status cSanae from the orevious undate. Attachment 2 includes petitions with no status change from the previous update, and Attachment 3 lists other sensitive matters, which are for internal distribution only. Please note that Attachment 1 also includes first time additions to the list of petitions. Attachment 4 lists the Director's Decisions / Petitions that have been closed during the year, j

By issuing the monthly report on the status of pending 10 CFR 2.206 petitions, the staff is documenting its responsiveness to petitioners. Those parts of the monthly report not of a j

sensitive nature are placed in the Public Document Room and are placed as a link on the NRC external home page, making them readily accessible to the public. The URL address for the WWW link is h.ttp://irm25/NRC/PUBLIC/2206/index.html.

Attachments:

1. List of Public Petitions Under 10 CFR 2.206.yzith Status Chanae from previous month.

2. Report on Status of Public Petitions with No Status Change from previous month.

3. Decisions Pending Before the Commission and the Courts.

4. Decisions issued and/or Closed During the Year 1998 l

cc w/atts:

H. Thompson, EDO R. Bangart, OSP W. Kane, NMSS l

W. Travers, EDO C. Paperiello, NMSS J. Lieberman, OE i

P. Norry, EDO J. Cordes, Jr., OCAA E. Julian, SECY J. Blaha, EDO J. Goldberg, OGC G. Caputo, Ol K. Cyr, OGC L. Chandler, OGC OCA S. Collins, NRR Regional Administrators OPA CONTACT: Ram Subbaratnam, NRR 415-1478 l

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Report on Status of Public Petitions Under 10 CFR 2.206 with Status Change from Previous Update September 30,1998 l

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Page i

Facility Petitioner /EDO No.

h i

St. Lucie/ Turkey Point Saporito, National Litigation Consultants / multiple GTs..................... 3 D.C. Cook, Units 1 and 2 Lochbaum/GT97724........................... 4 Envirocare of Utah, Inc.

Cochran, Natural Resources Defense Council /GT970863................ 5 8 towns Ferry 1 Lo ch b a u m/G 9 8 019 9............................. 6 l

l Atlas Corporation

• Chancellor / Nelson (G980547)................. 7 Haddam Neck' 8assilakis, CAN/G 9 80568..................... 8 Millstone Galatis, We the People, In c./E D 06 03...................................... 9 Vermont Yankee D aly/G 9 80 2 3 3.................................. 10 Vermont Yankee Citizens Awareness l

Ne t wo r k/G 9 8 0 3 5 8............................ 1 1 Haddam Neck Block, CAN/G 980168.......................12 l

-Key:

l Denotes addition to the petition list from previous update 1

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l i

Report on Status of Public Petitions L

Under 10 CFR 2.206 with No Status Change from Previous Update l

September 30, 1998 Advanced Medical Systems, Inc.

Northeast Ohio Regional Sewer District /EDO103 9 5......................... 13 Connecticut Yankee Bassilakis, CAN/GT97181.................14 Connecticut Yankee and Millstone Katz, Citizens Awareness Net w o r k(CA N)/GT96919................. 15 l

f l

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Report on Status of Public Petitions Under 10CFR 2.206 with Status Change from Previous Update Facility:

St. Lucia 1 & 2. Turkov Point 3 & 4 Petitioners:

T. Saporito, Jr. National Litigation Consultants I

Date of Petitions:

2/26, 2/27, 3/6, and supplemented 3/15, 3/17, 3/29, 3/30, and 4/4/98 Director's Decision To Be issued by:

NRR Date Referred to Review Organization:

3/2/98 EDO Numbers:

G980124/125, G980138,G980203/204/232 '

OGC Number:

P-98-003 Scheduled Completion Date:

9/25/98' Last Contact with Petitioners:

9/30/98 Petition Manager:

W. Gleaves Case Attorney:

S. Chidakel issues / Action Requested:

Petitioner requests the NRC (1) take escalated enforcement action, including modifying, suspending, or revoking FPL's operating licenses until. the licensee demonstrates that a work environment exists which encourages employees to raise safety concerns directly to the NRC, and issuing civil penalties for violations of the NRC's requirements; (2) permit the petitioner to intervene in a public hearing regarding whether FPL has violated the NRC's employee protection regulations and require FPL to allow NLC to assist its employees in understanding and exercising their rights under these regulations; (3) conduct investigations and require FPL to obtain appreisals and third-party oversight in order to determine whether its work environment encourages employees to freely raise nuclear safety concerns; (4) inform all employees of their rights under the Energy Reorganization Act and NRC's regulations to raise such concerns; and (5) establish a website on the Internet to allow employees to raise concerns to the NRC.

Background:

The Petition Review Board met on March 19,1998, to discuss the ongoing proceeding. Tb9 staff intends to group a large number of issues into specific categories and address each category. The acknowledgment letter and Federal Reaister notice were issued on May 4,1998. The Division of Reactor _ Projects issued a supplemental letter addressing the comments made by the Petitioner that did not mee't the criteria for consideration under 10 CFR 2.206 on July 15,1998. These comments included a request for NRC to provide a vehicle on the internet by which licensee personnel could submit safety concerns, and a request for leave to intervene in public hearings.

' The licensee has addressed the individualissues within the limits of privacy for named individuals.

1 Responses from the Region ll Office and OE have been received in preparation for the Director's Decision.

Current Status:

.The draft Director's Decision has been prepared and has undergone four rounds of comments by.

both OGC and RGN 11. OGC is currently reviewing the revision to the draft Director's Decision.

. @ Denotes that schedule completion date extension is on request

3

N Facility:

Donald C. Cook. Units 1 and 2 Petitioner:

D. Lochbaum, Union of Concerned Scientists Date of Petition:

10/9/97 Director's Decision To Be issued by:

NRR Date Referred to Review Organization:

10/15/97 EDO Number:

GT97724 OGC Number:

P-97-013 l

Scheduled Completion Date:

11/16/988 Last Contact with Petitioner:

9/29/98 Petition Manager:

John Stang Case Attorney:

R. Hoefling -

i

' Issues / Action Requested:

Petitior$er requests that the operating licenses for Donald C. Cook Units 1 and 2 be modified,

. revoked, or suspended until there is reasonable assurance that their systems are in conformance with design and licensing bases requirements. The petitioner also requests that a public hearing into this matter be held in ' he Washington, DC area prior to the first unit at D.C. Cook being t

authorized to restart so that the petitioner can present information supporting the contentions in this petition.

Background:

' The acknowledgment letter was issued on 12/9/97. The petitioner sent in a letter on 1/6/98 objecting to the use of the MD 8.11 criteria to determine if a public hearing would be held without first asking him if he had new information to present. The letter stated that he did have new information but did not provide it.. A public meeting (not hearing) was held on 1/12/98 to allow the petitioner to present his concerns.

The petitioner sent in an addendum to the petition on 1/12/98, which provided's written copy of the issues he presented at the 1/12/98 meeting, in addition, the petitioner submitted a request on 1/15/98, to review the draft confirmatory action letter (CAL) followup inspection report prior to Cook being authorized to restart. An acknowledgment letter for both the 1/12 and 1/15/98 requests was issued on 2/23/98. The petitioner was contacted by phone on 2/10/98 to clarify how issues he raised in the 1/12/98, letter were addressed in the acknowledgment letter, and to provide him with a general status update on Cook and the CAL. The petitioner was contacted by phone on 2/23/98, to advise him of a meeting to be held at the Cook site to discuss their status on the CAL and other issues. RAI requesting licensee to respond to questions in the petition was issued on 6/13/98. On 7/24/98 the petitioner was contacted to give a status update and to provide clarifications on the petition response. The licensee responded to the RAI on July 31,

1998.: On August 19,1998, an informal public he.aring was held to allow the petitioner an opportunity to provide clarification of the issues raised in the petition. The licensee also participated in the hearing.

Current Status:

NRR is' waiting for inspection results from a licensee Safety System Functional Inspection being performed on the AFW system before a final Director's Decision can be issued. This inspection is

. scheduled to be completed in December 98.

@ Denotes that schedule completion date extension is on request l

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Facility:

. Envirocare of Utah. Inc.

Petitioner:

. T. Cochran, Natural Resources Defense Council (NRDC)

Date of Petition:

12/12/97 Director's Decision To Be issueti by:

NMSS

.Date Referred to Review Organization:

12/18/97 EDO Number:

GT970863;GT980293 i

OGC Number:

P-97-014

. Scheduled Completion Date:

'9/4/98 Last Contact with Petitioner:

7/20/98 L Petition Manager:

- H. Lefevre

~ Case Attorney:

H. McGurren Issues / Action Requested:

Immediate NRC investigation and suspension of Envirocare's license.

l

Background:

.The Petitioner was contacted by telephone on 12/18/97 and informed of NRC's receipt of the.

petition. NRC's letter of 12/31/97 to Mr. Charles Judd of Envirocare requires that the licensee do 1

the following: (1) respond to each of the issues raised in the petition, (2) adviso the NRC whether H

it intends to enforce its Employment Agreement against current and former employees who have engaged, or do engage,in protective activities cognizable under Section 211 of the Energy L

. Reorganization Act (Section 211) and other employee protection statutes, and (3) respond to

. inconsistencies in its employee protection policies as identified in NRC's 12/08/97 letter.

i NRDC's'1/21/98 response to' NRC's 1/16/98 letter provided the names of 11 individuals who may l

have knowledge of current and former employees who feel threatened by Enviro::are. The staff i

l'

' issued, on 5/13/98, letters to three law firms and the State of Utah confirming that the identified

~ individuals had responded with the requested information or otherwise. The Petitioner submitted another petition on 5/06/98. The Petition Review Board (PRB)in its 5/19/98 board meeting determined that it provided no new information. The board decided that the 5/06/98 petition

'(EDO Control: G980293) would be grouped with the existing petition of.12/12/97. The Petitioner was informed by voice mail on 5/20/98 of NRC's receipt of the 5/06/98 petition and an

- acknowledgment letter was issued on 6/9/98. Evaluation of information gathered in anticipation of preparation of the Director's Decision is scheduled for completion in September 98; Current Status:

- The' Directors Decision (DD 98-09) on the petition was issued on 9/14/98. The decision will

. become final agency action after the Commission's 25 day review period.

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Facility:

Browns Ferry Nuclear Plant Unit 1 Petitioner:-

D.Lochbaum Date of Petition:

4/5/98 Director's Decision To Be issue'd by:

NRR Date Referred to Review Organization:

4/6/98 l

' EDO Number:-

G980199 1

i

. OGC Number:

P-98-007 Scheduled Completion Date:

8/31/98' Last Contact with Petitioner:

8/11/98 Petition Manager:

A. DeAgazio j

Case Attorney:

R. Hoefling Issues / Action Requested:

The petitioner asked for an informal hearing requesting that the Operating License for Browns Ferry, Unit'1 be revoked and 2) that NRC should require the Tennessee Valley Authority (TVA) to l

submit either a decommissioning plan or lay-up plan for Brown's Ferry, Unit 1. As the basis for the Union of Concerned Scientists (UCS) request, the petitioner asserts that because Browns Ferry Unit 1 has been on " administrative hold" since June 1,1985, and has not been operated since then, revocation of the operating license and requiring relicensing, if TVA later decides to restart Unit 1, is a better, safer process than is the current inspection Manual Chapter 0350 restart process. Further, the petitioner asserts that requiring a decommissoning plan would provide assurance that the irradiated fuelis stored safely and that Units 2 and 3 are sufficiently independent of Unit 1 for safe operation.

4

Background:

This petition was received on April 5,1998. The 2.206 petition review board convened in

~

'i mid-April 1998,~and endorsed a proposed course of action. The acknowledgment letter was

(

issued 4/29/98 with a decision not to hold an informal hearing on the UCS petition. The petitioner sent in another letter dated June 5,1998,~ requesting the staff reconsider conducting a public hearing. The staff has determined that while the 2.206 petition alone does not meet the criteria P

contained in the Management Directive 8.11 regarding a hearing, the staff has chosen to conduct

. an informal hearing near the Browns Ferry site to afford the petitioner, licensee and the members

- of the public the opportunity to provide relevant information to the staff.

' Current Status:

.On August 11,1998, the petition manager discussed the reason for holding the informal hearing in the Browns Ferry area and the hearing is scheduled for October 26,1998. A Federal Reaister notice (FR51626) was issued on September 28,1998.

@ Denotes that schedule completion date extension is on request p

6

-L Facility:

Atlas Cornoration's Uranium Mill Tallinas Pile at Moab. Utah Petitioner:

State of Utah Date of Petition:

9/10/98 Director's Decision To Be issued by:

NMSS/DWM Date Referred to Review Organization:

9/10/98 EDO Number:

G19980547

OGC Number

- P 98-012

Scheduled Completion Date

01/9/99 Last Contact with Petitioner:

8/27/98

{

Petition Manager:

Myron Fliegel Case Attorney:

_ J McGurren i

issues / Action Requested:

The petitioner is concerned that over a 1,000 year period the Colorado River could migrate to _the

- q uranium mill tailings pile at Moab, Utah, compromise pile integrity, and cause a major release of 1

contaminants. The petitioner claims that the rock apron design for the uranium mill tailings pile does not provide " reasonable assurance" against engineering failure, so that 10 CFR 40, Appendix A is not satisfied. The petitioner requests that the NRC disapprove the Atlas Corporation rock spron design and require the licensee to use a rock apron design by the U.S. Corps of Engineers. This design differs from the Atlas Corporation design in the size, gradation, and volume of rock necessary to

protect the tailings pile from erosion by the Colorado River.

Background:

-The State of Utah sought to intervene in Atlas Corporation's August 2,1988, request to amend

'its license to provide for long-term safekeeping of its uranium mill tailings pile at Moab, Utah. The State objected that insufficient care had been taken to protect the tailings should the Colorado River migrate in the direction of the pile. The request for hearing and petition for leave to -

intervene was denied as untimely in an August 13,1998, ruling by Administrative Judge Peter B.

Bloch, and was referred to the NRC staff for appropriate disposition under 10 CFR I 2.206.

Judge Bloch's decision to refer the petition to the staff is in compliance with Subpart L

- 5 2.1205(l)(2), which states (page 118 of 10 CFR 40) that "if a request for a hearing on the

' petition for leave to intervene is found to be untimely and the requestor orpetitioner fails to

-establish that it otherwise should be entertained on the paragraph (I)(1) of this section, the request or petition will be treated as a petition under i 2.206 and referred for appropriate disposition."

TCurrent Status:

'An initial review board meeting was held on October 7,1998. The board determined that request imeets 10 CFR 2.206 review criteria and planned appropriate actions.

j, 7

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Facility:

Haddam Neck Nuclear Power Station Petitioner:

Citizens Awareness Network (CAN)

Date of Petition:

9/11/98 Director's Decision To Be issued by:

NRR Date Referred to Review Organization:

9/17/98 EDO Number:

G980568 OGC Number:

P-98-013 Scheduled Completion Date:

1/25/99 Last Contact with Petitioner:

9/18/98 Petition Manager:

T. Fredrichs Case Attorney:

M. Rafky issues / Action Requested:

l Petitioners requested 1)immediate revocation or suspension of the licensee's operating license, 2) an informal public hearing on the petition in the vicinity of the site, and 3) that the NRC consider requiring CYAPCO to conduct decommissioning activities under 10 CFR Part 72. Petitioners present two bases in support of their request: that CYAPCO 1) demonstrates incompetence in creating and maintaining a safe work environment and an effective well trained staff, and 2)is not conducting L

lts decommissioning activities in accordance with its Post Shutdown Decommissioning Activities Report (PSDAR).

Background:

)

- A Petition Review Board convened September 21,1998, and concluded that the requests met the requirements for a 10 CFR 2.206 petition. An acknowledgment

)

letter and Federal Reaister notice have been prepared.

Current Status:

This is a new petition.

-i i

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- _ -... ~. -. - - - -

Facility:

Millstone Petitioners:

G. Galatis and E. Hadley on behalf of We the People, Inc.

Date of Petition:

8/21/95, supplemented 8/28/95 Director's Decision To Be issued by:

NRR Date Referred to Review Organization:

8/30/95 EDO Number:

603 OGC Number:

P-95-015 Scheduled Completion Date:

12/30/98 Last Contact with Petitionen's):

9/14/98 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 l

and 40; that NU has knowingly operated Millstone in violation of its operating j

. licenses; and that NU has submitted material false statements. Petitioners seek a l

60 day license suspension for Millstone Unit 1 (after the unit is brought into compliance with the license and the design basis). The petitioners also request that the operating license be revoked until the facility is in full compliance with the terms L

and conditions of its license; before reinstatement of the license, a detailed independent analysis of the offsite dose consequences of totalloss 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 fuelit 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 I

applicable events be conducted. In the supplement, Mr. Galatis raised additional concerns including concerns at Millstone Units 2 and 3 and Seabrook.

Background:

Northeast Utilities (NU) provided its responses in 9/22/95 and 10/11/95 letters. The acknowledgment letter was issued on 10/26/95. 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 staff conducted a hearing with the petitioner on April 18, 1998. The wrongdoing aspects are still under review and will be addressed in a subsequent Director's Decision. A status update letter was sent to the petitioner on 7/7/98. The completion date was extended to 12/30/98 to allow time for additional

. staff review.

Current Status:

The Petitioner was sent a status letter on 9/14/98.

9

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Facility:

Vermont Yankee Nuclear Power Station l

Petitioner:

M. Daly, New England Coalition on Nuclear Pollution, Inc.

l Date of Petition:

4/10/98 l

Director's Decision To Be issued by:

NRR l

Date Referred to Review Organization:

4/15/98 l

EDO Number:

G980233 OGC fJumber:

P-98-09 Scheduled Completion Date:

12/15/98 Last Contact with Petitioner:

9/16/98 Petition Manager:

R. Croteau Case Attorney:

H. McGurren Issues / Action Requested:

l The Petitioner requests that the NRC issue an order requiring that the licensee's l

more limiting administrative limits, which preclude Vermont Yankee Nuclear Power Station (Vermont Yankee) from operating with a torus water temperature above l

80 F or with service water injection water temperature greater than 50 F, shall l

remain in force until certain conditions are met. The conditions include a complete l

reconstitution of the licensing basis for the maximum torus water temperature, submittal to the NRC of a TS amendment request establishing the correct maximum torus water temperature, and completion of NRC review of the amendment request.

Background:

The current TS specify a maximum torus temperature of 100'F, however, the licensee determined that 90 F had been used as an input to the containment response analysis. The licenne then instituted administrative controls to limit torus temperature to 90'F while a TS change was prepared. While performing preliminary calculations and evaluations to verify the adequacy of the 90'F limit, the licensee l -

determined that it was necessary to further reduce the administrative limit to 80 F until the final analysis was completed. This issue was discussed with the licensee in a series of meetings on March 5, March 24, and April 7,1998. During the meetings the licensee indicated that the adequacy of a 90 F initial torus temperature would be confirmed and a TS amendment request would be submitted before restart from the outage (May 1998). The licensee has restarted the plant, administratively controlling torus temperature to 90'F, while the NRC reviews the TS change. The Petition Review Board met on 4/16/98, and a letter denying the petitioner's immediate request was issued on May 13,1998.. The licensee has submitted the TS amendment specifying a torus water temperature limit of 90 F and the staff is reviewing the submittal.' Amendment is under review by the staff.

Current Status:

The technical review of the licensee submittal is in progress.

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Facility:

Vermont Yankee Nuclear Power Station Petitioner:

Citizens Awareness Network Date of Petition:

5/27/98 and 6/9/98 Director's Decision To Be issued by:

NRR Date Referred to Review Organization:

6/2/98 EDO Number:

G980358 OGC Number:

P-98-10 Scheduled Completion Date:

11/6/98 Last Contact with Petitioner:

6/10/98 Petition Manager:

R. Croteau Case Attorney:

R. Hoefling issues / Action Requested:

Immediate enforcement action by suspending the o'perating license until the entire facility has been subjected to an independent safety analysis review similar to the one conducted at Maine Yankee Atomic Power Station. As an alternative, prior to restart: 1) Require VY management to certify under oath that all back-up safety systems and all security systems arb fully operable, and all safety systems and security systems meet and comply with NRC requirements. 2) VY be held to compliance with all of the restart criteria and protocols in the NRC Manual. 3) VY only be allowed to resume operations after the NRC has conducted a " vertical slice" examination of the degree to which the new design basis documents (DBDs) and FSAR accurately describe at least two of the primary safety systems for the VY reactor. 4) Once operation resumes, VY only be allowed to continue operation for so long as it adheres to its schedule for coming into compliance and completing the DBD and FSAR project. 5) NRC hold a public hearing prior to restart to discuss the changes to the torus, VY DBD and FSAR projects, and VY scheduled completion of these projects in relation to operational safety.

Background:

The request was based on 50.72 reports and other information already available to the NRC. No new issues were presented. The plant restarted from the outage prior to receiving this request in NRR. Immediate response denying the request was issued on July 6,1998. The licensee was requested by a letter dated July 9,1998, to address the issues raised by the petitioner. Following the licensee's response, a Director's Decision is being prepared.

Current Status:

The licensee responded by letter dated September 14,1998, and Director's Decision is being prepared with input from Region I.

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Facility:

Haddam Neck Nuclear Power Station Petitioner:

J. Block l

Date of Petition:

3/13/98 t

Director's Decision To Be issued by:

NRR Date Referred to Review Organization:

3/20/98 l

EDO Number:

G980168 OGC Number:

P 98-004 Scheduled Completion Date:

10/16/988 Last Contact with Petitioner:

8/24/98 Petition Manager:

T. Fredrichs l

Case Attorney:

M. Rafky i

Issues / Action Requested:

(

Petitioners requested immediate suspension of the licensee's operating license.

Petitioners present three issues in support of their request: 1) that contaminated materials were released offsite,2) that on-site radiological failures have occurred, j

and 3) that the licensee's planned procedure to ventilate the spent fuel building through open doors and roof hatches, in the event that the spent fuel pool cooling system becomes inoperable and cannot be restored, constitutes an unmonitored, unplanned release of radiation.

Background:

i An acknowledgment letter was issued on 4/22/98. RAI sent to licensee on 5/28/98 requesting their plans for using the roof hatch for ventilation, and requesting dose projections if that ventilation path is used. A copy of the RAI was sent to petitioners. RAI response from licensee received 6/29/98.

Current Status:

The licensee intends to supplement the Request for Additional Information (RAl) received 6/29/98 with additionalinformation.

@ Denotes that schedule completion date extension is on request 12 l

e Report on Status of Public Petitions Under 10CFR 2.206 with No Status Change from Previous l

l Update Facility:

Advanced Medical Systems. Inc.

Petitioner:

Northeast Ohio Regional Sewer District Date of Petition:

8/19/94 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:

10/21/988 Last Contact with Petitioner (s):

8/21/98 Petition Manager:

J. DeCicco Case Attorney:

R. Weisman issues / Action Requested:

Amend AMS license to install, maintain, and operate alarms on all drains from the London Road facility.

Background:

An acknowledgment letter was issued on 9/7/94. On 12/29/94 the Sewer District requested a license renewal hearing per Subpart L,10 CFR 2.1205. The staff provided status updates to the petitioner by telephoto 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 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 remains relevant. A decision was made by the staff to defer the Director's Decision until completion of the license renewal application review process, currently scheduled to be completed by October 1998.

Current Status:

There is no change in status for this update.

@ Denotes that schedule completion date extension is on request 13

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Facility:

Petitioners:

f.orinacticut Yankee j

L' Nuclear Information and Resou".e Servica (NIRS)

R. Bassilakis, Citizens Awareness Network (CAN) and P. Gunter, 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:

12/31/98 Last Contact with Petitioners:

9/18/98 Pethion Manager:

T. Fredrichs Case Attorney:

M. Rafky issues /Ac' tion Requested:

Petitioners request (1) that tha NRC commence enforcement action against Connecticut Yankee (CY) (Haddam Neck) 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 facility without any contamination events for at least 6 months, and (3) placement of CY on

. the NRC's " watch list."

Background:

An acknowledgment letter was issued on 4/3/97. The petitioner was contacted by telephone on 7/9/97 and informed of the status of the petition. A partial Director's Decision (DD 97-19) was issued on 9/3/97. DD-97-19 denied requests (2) and (3)

.sbove, in a public meeting on 10/27/97, which the petitioner attended, the staff s'tated that it was pursuing enforcement action regarding the remaining open item in '

I the petition. Request (1) regarding enforcement action has been deferred and will j

be the subject of a fina; Oirector's Dec.ision, currently scheduled for 12/31/98.

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' Current Status:

There is no change in status for this update.

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Facility:

Connecticut Yarskaa and "*"=ti...e U,-Je 1. 2. and 3 Petitioners:

D. Katz, Citizent Awareness Network (CAN) and P. Gunter, Nuclear information and Re: 3rce 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 i

EDO Number:

GT96919

-OGC Number:

P-96-026 Scheduled Completion Date:

12/31/98 Last Contact with Petitioners:

8/3/98 Petition _ Manager:

D. Mcdonald Case Attorney:

R. Hoefling i

Isrues/ Action Requested:

Petitioners request the staff to take the following actions:. (1)immediately suspend or revoke Northeast Utilities'. (NU's) license to operate the Connecticut Yankee (CY) (Haddam Neck)'and Millstone reactors due to chronic mismanagement; (2) investigate the possibility l

that NU made material misrepresentations to the NRC concerning engineeririg calculations and other information or actions relied upon to assure the adequacy of safety systems at CY and Millstone: (3) if an investig'ation determines that NU deliberately provided

. insufficient and/or false or misleading 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 reactors rei..ain operating, petitioners request that they remain on the NRC's:" watch list"; (5) keep CY and Millstone off-line until NU's -

chronic mismanagement'has been analyzed, remedial 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 decommissionlag activity to take place until the above issues are resolved; and (7) commence an inves:igation into how the staff allowed the illegal j

situation at NU's Connecticut reactors to exist and co;atinue over a decade.

Background:

A Director's' Decision (DD-97-21) addressing most of the issues was issued to the petitioners on 9/12/97. DD-97-21 partially granted some of the petitioner's requests.

Request (3) above was partially deferred for the Millstone plants and will be addressed in a subsequent final Director's Decision. -The Petitioners were provided an update letter on J08/03/98.

. Current Status:

1 There is no change of' status for this update.

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ie.

Report on Status of Public Petitions Under 10CFR 2.206 for DDs issued and/or Closed During the Year 1998 I

NRR:

OGC Number Facility Name Petition Manaaer DD, Rate plosure Dt G980195 Vermont Yankee R. Croteau 5/4/98*

GT97140 Millstone & CY S. Dembek 2/11/98 3/9/98 GT97362 North. Sta. Pow Co. W. Reckley 2/11/98 3/9/98 GT970873 Seabrook

. C. Smith 3/17/98 4/13/98 G980070 Millstone 1,2,3 S. Dembek 6/1/98 6/26/98 GT97494 San Onofre 2/3 B. Weistrich 6/5/98 6/30/98 GT97339 San Onofre 2/3 M. Fields 6/11/98 7/7/98 G980185 Comm. Ed. Co.

G. Dick 8/31/98 9/25/98 NMS_S.;.

G980224 Babcock Wilcox D. Orlando 4/22/98*

G980457 Hydrologi, Services W. Ford 7/31/98*

G980069 Phila. VA Med Ctr.

T. Taylor 8/28/98 9/22/98

.GT970863 Envirocare of Utah H. Lefevre 9/14/98 '

Denotes petitions not qualified to be considered as petitions under 10 CFR 2.206 Denotes petitions that will be closed after the Commission's 25 day review period.

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