ML20196H209
| ML20196H209 | |
| Person / Time | |
|---|---|
| Issue date: | 07/21/1997 |
| From: | Zimmerman R NRC (Affiliation Not Assigned) |
| To: | Callan L NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML20007H698 | List: |
| References | |
| 2.206, NUDOCS 9707240243 | |
| Download: ML20196H209 (25) | |
Text
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- s JULY 21, 1997 19 MEMORANDUM T'O:
L.' Joseph Callin
~ Exrcutivs Dir:ctor for Oper::tions
- FROM:
Roy P. Zimmerman Orig, signed by R. P. Zinmerman l Associate Director for Projects Office of Nuclear Reactor Regulation
SUBJECT:
' JUNE 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 e'nd of
~ June 1997. This report may not reflect changes in status that have occurred since petition i
managers submitted data on the June status. Attachment 1 gives the status of petitions before the Offices of Nuclear Material Safety and Safeguards and Nuclear Reactor Regulation. Attachment 2 lists decisions before the Commission and the courts. Attachment l
3 lists other sensitive matters which are for intemal distribution only.
By issuing the monthly report on the status of pending 10 CFR 2.206 petitions, the staff is documenting its responsiveness to petitioners.
To enhance staff responsiveness to the public, those parts of the monthly report not of a sensitive nature will be placed in the Public Document Room and on the electronic bulletin i
board system, making them readily accessible to the pubhc.
i 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. Thompson, EDO R. L. Bangart, OSP E. L. Jordan, EDO G. P. Caputo, Ol P. G. Nony, EDO J. F. Cordes, Jr., OCAA J. Blaha, EDO J. R. Goldberg, OGC K. D. Cyr, OGC L. J. Chandler, OGC C)
S. J. Collins, NRR C. J. Paperiello, NMSS i
1 M. R. Knapp, NMSS Regional Administrators J. Lieberman, OE OCA g
)
C h e, @'
E. Julian, SECY OPA i4 YMc CONTACT:
415-3267 L % % ce I
/ % pa,c, Distribution:
Central Files J. Roe (e)
M. Mattia/NMSS P.Lohaus P. Anderson /EDO PUBLIC w/att 1 & 2 only (Att 3 is "NOT FOR EXTERNAL DISTRIBUTION")
B. Boger B. McCabe E. Adensam (e)
F. Cameron /OGC A. Chaffee G. Deegan/NMSS R. Zimmerman M. Thadani C. Jamerson J. Kennedy PD4-1 r/f To receive a copy of this document, Indicate in the box: "C" = Copy without attachment / enclosure "E" = Copy with attachment / enclosure "N = No copy DOCUMENT NAME: G:\\206\\JUL97RPT.WP
$ f 41-b /
OFFICE PM:PD41 -
E LA:PD31 lE NMSS:RMB lE ADPR Rj? y E
NAME-J.KennedyJ4 C. Jamerson C. Poland for M.
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Mattia l( '
DATE 07/15/97 07/15/97
(/ 07/11/97(e) 07Gl/97 OFFICIAL RECORD COPY (e) e-mail concurrence 9707240243 970721 PDR ORQ NRRA PDR ow w wt_ gMTE CDPVT7 #
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UNITED STATES
{o j
NUCLEAR REGULATORY COMMISSION t
WASHINGTON, D.C. 30606-0001 49*****
,o July 21,1997 MEMORANDUM TO:
L. Joseph Callan Executive Director for Operations FROM:
Roy P. Zimmerman N
Associate Director for ject Office of Nuclear R r Re tion
SUBJECT:
JUNE 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 June 1997. This report may not reflect changes in status that have occurred since petition managers submitted data on the June status. Attachment 1 gives the status of petitions before the Offices of Nuclear Material Safety and Safeguards and Nuclear Reactor Regulation. Attachment 2 lists decisions before the Commission and the courts. Attachment 3 lists other sensitive matters which are for intemal distribution only.
By issuing the monthly report on the status of pending 10 CFR 2.206 petitions, the staff is documenting its responsiveness to petitioners.
To enhance staff responsiveness to the public, those parts of the monthly report not of a sensitive nature will be placed in the Public Document Room and on the electronic bulletin board system, making them readily accessible to the public.
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 cc w/atts:
H. L. Thompson, EDO R. L. Bangart, OSP E. L. Jordan, EDO G. P. Caputo, 01 P. G. Norry, EDO J. F. Cordes, Jr., OCAA J. Blaha, EDO J. R. Goldberg, OGC K. D. Cyr, OGC L. J. Chandler, OGC S. J. Collins, NRR C. J. Paperiello, NMSS M. R. Knapp, NMSS Regional Administrators J. Lieberman, OE OCA E. Julian, SECY OPA CONTACT:
Janet Kennedy, NRR 415-3267
l Report on Status of Public Petitions Under 10 CFR 2.206 l
June 1997 Contents
- Page l
Facility Petitioner /EDO No.
NA Advanced Medical Systems, Inc.
Northeast Ohio Regional Sewer District /8663 18 l
Advanced Medical Systems, Inc.
Northeast Ohio Regional Sewer District /10395 1
Georgia Tech and All Licensees Blockey-O'Brien/10598 18 Millstone Galatis et al./603 2,19 Nationalinstitutes of Health Ma and Zheng/721 4,19 Maine Yankee and All Other Plants Using the RELAP Code for ECCS Analyses Sears /GT96659 6
Northem States Power Company Independent Florence Township /GT96669 Spent Fuel Storage Installation
/GT96670 7
San Onofre Nuclear Generating Station Dwyer/GT96778 9
All Users of the VSC-24 Nuclear Waste Storage Cask Sinclair and Roemer/GT96801 18 Connecticut Yankee and Millstone Katz, Citizens Awareness Network /GT96919 9
Vermont Yankee Block, Citizens Awareness Network /GT96950 11 Millstone and Connecticut Yankee Hadley/GT97140 12 Connecticut Yankee Bassilakis, Citizens Awareness Network /GT97181 12 Oyster Creek Worrall, Berkeley Township Environmental Commission /
GT97256 18 Turkey Point & St. Lucie Saporito/GT97311 13 San Onofre Nuclear Generating Station Dwyer/GT97339 14 Prairie Island Nuclear Generating Station Prairie Island Indian Community /
GT97414 15 San Onofre Nuclear Generating Station Borchmann/GT97494 16
- Includes Attachments 2 and 3.
4 I
t l
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Report on Status of Public Petitions Under 10 CFR 2.206 Facility:
Advanced Medical Systems. Inc.
Petitioner:
Northeast Ohio Regional Sewer District Date of Petition:
8/19/94 Directors Decision To Be issued by:
NMSS i
- Date Referred to Review Organization:
8/29/94 i
EDO Number:
10395 OGC Number:
P-94-020 Scheduled Completion Date:
7/30/97 4
Last Contact with Petitioner (s):
6/19/97 Petition Manager:
J. DeCicco Case Attomey:
R. Weisman j
lssues/ Action Requested:
Amend AMS license to install, maintain, and operate alarms on all drains from London Road facility.
j 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 i
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 petition. The scheduled completion date was delayed in June 1995 because of a license amendment request from AMS on 3/22/95, which requested installation of a sampling system on a i
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 staffs review of the draft Directors Decision. The staff requested the petitionefs views regarding the impact of a settlement agreement on the petition by letter dated 2/3/97. The petitioners letter dated 3/4/97 indicated that the petitionefs requests are not completely covered by the settlement agreement, and the petition remains relevant. The completion date was extended in March 1997 to 7/30/97 to allow time for license renewal proceedings. The petitioner was contacted by telephone on 4/11/97 and 6/19/97 and informed of the status of the petition.
L i
i E
Facility:
. Millstone j
Petitioners:
G. Galatis, and E. Hadley on behalf of We the People, Inc.
I Date of Petition:
8/21/95, supplemented 8/28/95 v
Director's Decision To Be issued by:
NRR i
Date Referred to. Review Organization:
8/30/95 EDO Number:
603 OGC Number:
P-95-015 Scheduled Completion Date:
11/15/97 Last Contact with Petitioner (s):
6/30/97 Petition Manager:
S. Dembek l
Case Attomey:
R. Hoefling lasues/ 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 proceeding to suspend the operating license for Millstone Unit 1 for 60 days after the unit is brought into compliance with the license and the design basis. In addition, the 3
petitioners request that the operating license be revoked j
until the facility is in full compliance with the terms and j
conditions of its license; before reinstatement of the license, 4
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 i
. pursuant to 10 CFR 50.5 and 50.9; that actions be taken l
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 4
expense, to prepare a safety analysis report on the proposed amendment; and that, before the it suance of any L
amendment, an analysis including both the probability and -
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consequences of applicable events be conducted. In the supplement, Mr. Galatis raises additional concems. These l
concems are that NU also committed violations by l
offloading more than one-third of a core of fuel at Millstone
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Units 2 and 3 and Seabrook Unit 1. In addition, with regard to Millstone Unit 3, Mr. Galatis is concemed 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 i
events. With regard to Seabrook Unit 1, Mr. Galatis is
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e l )
i-4 i
1 concemed 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 1 to permit comment by the public on the issues raised in the petition.
I l
. Current Status:
- Northeast Utilities (NU) voluntarily provided its respohse to the j'
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 i
Inspector General (IG) as well as independent NRC reviews. The staff also informed the petitioner that if he wanted to intervene in the a
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Millstone 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 1
and on 11/9/95 issued the amendment and safety evaluation. The j
staff reviewed the IG and Ol reports to determine if future inspections i
at Millstone were needed. A spent fuel poolinspection was J
j-conducted at Millstone in March 1996 to review the 10 CFR 2.206 i
?'
concems as well as other spent fuel pool issues. The scheduled completion date was extended in February 1996 to 7/30/96 because j'
of technicalissues requiring further staff review. On 2/1/96 and i
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 meeting was postponed because of poor weather. The meeting that l
was 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 tiny significant new safety issues i
requiring further staff action. On 4/12/96 the staff mailed the j
petitioners and 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.
i j
On 6/7/96 the staff issued a status updeu 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 q
7/19/96 the staff issued a status update letter to the petitioners and j
sent the petitioners a copy of the NRC inspection report for the j
Millstone 1 spent fuel poolissues. 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
.i petitioners an NRC memorandum dated 7/26/96 informing the i.
p,-
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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 timeily manner.
On 12/26/96, the staff issued a partial Directors Decision (DD-96-23)'
j that addressed the technical aspects of the petitioners' requests.
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The wrongdoing aspects are still under review and will be addressed j~
in a subsequent Directors Decision. On 2/21/97, the staff issued a (I
status update letter to the petitioners which included the slides used by staff of the NRC's Office for Analysis and Evaluation of l
Operational Data during their 2/5/97 public presentation of their i -
generic assessment of spent fuel cooling. On 4/22/97, the staff j
issued a status update letter to the petitioners which included an.
i information copy of a 4/15/97 letter in which the staff answered i
various spent fuel pool safety questions posed by a member of the l-public. In May 1997, the completion date was extended to 11/15/97 to allow for completion of the Ol review. On 6/30/97,'the staff issued j
a status update letter to the petitioners. See Attachment 3 for further information.
/
ll Facility:
National Institutes of Health (NIH)
Petitioners:
Drs. M. Ma and B. Zheng (D. Katz)
{.
Date of Petition:
10/10/95 Directors Decision To Be issued by:
NMSS i
Date Referred to Review Organization:
10/10/95 i
EDO Number:
721 j
OGC Number.
P-95-021 1
Scheduled Completion Date:
7/31/97 Last Contact with Petitioner (s):
6/18/97 i-Petition Manager:
C. Jones Case Attomey:
G.Longo Issues /Actiori Requested:
(1) Suspend or revoke materials license of NIH because of willful, reckless, and deliberate violation of numerous
}L regulatory requirements resulting in intemal contamination
[
of the petitioner, the petitioners fetus, and other N!H employees; (2) take other appropriate enforcement action against NIH for its willful and reckless violation of 10 CFR 1
Pad 20.
4 s
s
.I
- - +
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i Current Status:
The petitioner was_ informed on 10/17/95 that the 2.206 process is a public process. An acknowledgment letter was issued on 10/30/95.
The request that license no. 19-00296-10 be immediately suspended
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or revoked pending resolution of the petition was denied in the acknowledgment letter. On 11/2/95, the NRC issued a demand for i
information to NIH in which it requested that NIH submit a complete and thorough response to each of the issues raised in the petition.
j The response was received by the NRC on 12/11/95. The NRC,in a
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letter to NIH dated 1/29/96, forwarded to NIH a redacted version of a l
1995 augmented inspection team (AIT) report and scheduled an open predecisional enforcement conference at NRC Headquarters on i
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 stated that the open predecisional enforcement conference i'
had been set for 4/19/96 at NRC Headquarters and that several L
apparent violations identified during the 1995 NRC AIT, as well as I
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 number of concems raised by NIH's submittal to the NRC (dated 12/11/95); On 3/25/96 NIH wrote to NRC's General Counsel requesting, among '
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other items, that the NRC hold the predecisional enforcement
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conference in Region I, and that the meeting be held as a closed i
meeting not open to the public. Subsequently, a representative from '
j.
NRC's Office of the General Counsel informed NIH that NRC's plans l
were to go forward with an open conference on 4/19/96. NIH
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responded in writing (letter dated 4/16/96) and informed the NRC that j
NIH would not attend the enforcement conference scheduled on j
4/19/96 in order to preserve privacy interests associated with the issues raised and would instead make a written submission to the j
NRC AIT inspection report by 5/24/96.
I The staff notified the petitioner of a delay in the completion date by j
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 L
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 provioed j
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 4
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removal or limit access to licensed materials that were stored in unrestricted areas. The petitioner was contacted by telephone on l
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i.,
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4 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 4
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 j
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 thu NRC's Office of Investigations (01) 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 4/1/97,5/1/97,5/22/97, and 6/18/97 and informed of the status of the petition. The Commission issued an Order Imposing Civil Monetary Penalty to NIH on 5/20/97 for the failure to secure licensed material or maintain surveillance over it to prevent unauthorized removal, which addresses a portion of the petitioner's concems. The staff is currently drafting a Director's Decision. See Attachment 3 for further details.
Facility:
Maine Yankee and All Other Plants Usina the RELAP Code for i
ECCS Analyses
)
Petitioner:
P. Sears l
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 l
Scheduled Completion Date:
8/30/97 i
Last Contact with Petitioner (s):
5/19/97 Petition Manager P. Tam Case Attomey:
G.Longo l
Issues / Action Requested:
Requ ests the NRC take action with regard to the Maine Yankea Nuclear Power Station and all users of the RELAP l
computer code for emergency core cooling systems (ECCS). Specifically, the petitioner requests that the NRC
-l fine Maine Yankee Atomic Power Company and Yankee Atomic Electric Company if computer runs have not been l
kept in accordance with YAEC's computer code quality J i i
of RELAP and fine those users not operating within required computer code verification procedures.
Current Status:
An acknowledgment letter was issued on 9/24/96. The petitioner J
manager was changed in December 1996 and the scheduled completion date was extended to 4/20/97. Status update letters were issued on 1/27/97,3/26/97, and 5/19/97 infomiing the petitioner of 4
the status of the petition. The completion date was extended in June 1997 to 8/30/97 to allow time for additional staff review.
l
. Facility:
. Northern States Power Company ISFSI Petitioner:
Florence Township, MN Date of Petitions:
8/26/96 Director's Decision To Be lasued by:
NMSS Date Referred to Review Organization:
9/13/96 EDO Number.
GT96669/GT96670 c.I OGC Number P-96-021 Scheduled Completion Date:
O'n hold pending completion of adjudicatory i
proceedings-l Last Contact with Petitioner (s):
6/2/97 Petition Manager:
M. Delligatti Case Attomey:
L. Clark Issues / Action Requested:
Petition requests that the NRC take various actions i
regarding Northem States Power Company's (NSP) l application for an Independent Spent Fuel Storage Installation (ISFSI). Specifically, petitioner requests that the
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NRC reject NSP's application for an ISFSI, or, in the j
attemative, 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 govemments expected to respond in the event of an emergency and allow 60 days for local govemments 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
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petitioner to comment on the proposed emergency plan i.
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 j-amount of $7500 for time expended by its Board and i.
attomey in attempting to obtain the emergency plan before i
submission to the NRC.
4 4
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1 Current Status:
The attomey for the petitioner was informed on 10/3/96 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
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CFR 2.206. All other aspects of the petition will be considered as i
part of NSP's applicatica for the offsite ISFSI. An acknowledgment letter was issued on 10/11/96.
)
The petitioner's attomey wras informed by the staff on 11/22/96 that the petition addressed 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
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were completed. Furthermore, the applicant has requested, and the staff has granted, a request that the license application review be suspended pending completion of Minnesota State Judicial proceedings which could critically impact the continuation of the l
project. Subsequently, the Atomic Safety Licensing Board Panel I
which had scheduled a pre-hearing conference on the petitions to intervene esiso 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 corifirm that no action was possible on this petition until the adjudicatory proceedings described above are completed. The petitioner contacted the staff by telephone on 4/1/97 and was apprised that the status of the petition was unchanged.
The Minnesota State House of Representatives recently passed a bill removing the requirement for away-from-reactor storage. The companion Senate bill does not contain the same language. A conference committee is scheduled to meet to discuss this discrepancy.
On 5/13/97, the Minnesota Court of Appeals ruled that the Minnesota Environmental Quality Board acted appropriately when it stopped the siting process for the off-site facility and in certifying NSP's good faith efforts. The court allows a 30-day appeal pe iod. NSP has indicated that it will take no action until the appeal period ends. The petitioner was notified of this decision by letter dated 6/2/97 On 6/12/97, the Prairie Island Dakotas filed an appeal of the Minnesota Court of Appeals decision with the Minnesota Supreme Court. The Supreme Court will decide in July 1997 whether it will hear the appeal. If so, the Court has up to one year to do so. The petitioner will be informed after the Supreme Court makes its decision. i
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Facility:
San Onofre Nuclear Generatina Station Petitioner:
S. Dwyer Date of Petition:
9/22/96, as supplemented 12/10/96 and 6/3/97 Director's Decicion To Be issued by:
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Date Referred to Review Organization:
10/24/96 l
EDO Number.
GT96778 i_
OGC Number.
P-96-024 Scheduled Completion Date:
9/5/97 Last Contact with Petitioner (s):
5/1/97 i
Petition Manager.
S. Bloom a
Case Attomey:
H. McGurren I'
lasues/ Action Requested:
Requests the NRC shut down the San Onofre Nuclear i
Generating Station "as soon as possible" pending a j
complete review of the "new seismic risk."
Current Status:
The petitioner was contacted by intemet electronic mail on 10/16/96 and informed that the 2.206 process is a public process. An j
acknowledgment istter was issued on 11/22/96. A second letter was sent to the staff from the petitioner on 12/10/96 which provided additionalinformation regarding the petition. A supplemental acknowledgment letter to the petitioner in response to the 12/10/96 letter was issued on 2/3/97. The 2/6/97 letter informed the petitioner that the staff's review of the petition would be placed on hold until all the relevant information in support of the petition (as alluded to in the 12/_10/96 supplement) had been provided to the staff. In a letter dated 5/1/97, the staff informed the petitioner that we were renewing our review of his concems. On 6/3/97, the petitioner provided a j
second supplement to the original petition. As a result of this i
additional information, the completion date has been extended to 9/5/97.
)
Facility:
Connecticut Yankes and Millstone Units 1. 2. and 3 Petitionens:
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:
- Date Referred to Review Organization:
12/20/96 EDO Number:
GT96919 OGC Number.
P-96-026 Scheduled Completion Date:
8/31/97 Last Contact with Petitioners:
4/10/97
.g.
l Petition Manager:
D. Mcdonald Case Attomey:
R. Hoefling l
lasues/ Action Requested:
Petitioners request the staff to take the following actions:
(1) immediately suspend or revoke Northeast Utilities' (NU) 4 license to operate the Connecticut Yankee (CY) and 1
Millstone reactors due to chronic mismanagement;
- 1 (2) investigate the possibility that NU made material i
misrepresentations to the NRC conceming engineering calculations and other information or actions relied upon to j
assure the adequacy of safety systems at CY and Millstone,
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(3) if an investigation determines that NU deliberately _
provided insufficient and/or false or misleading information 4
to the NRC, revoke NU's operating licenses for CY and Millsione, or, if not, keep the reactors off-line pending a l
Department of Justice independent investigation; (4) if the reactors' remain operating, petitioners request that they j
remain on the NRC's " watch list"; (5) keep CY and Millstone off-line until NU's chronic mismanagem3nt has baen
[
analyzed, remedial management programs put inta effect l
and the NRC has evaluated and approved the ef'octiveness t
of NU's actions; (6) in the event NU decides to i'
. decommission any or all of tM reactors at issue, petitioners request the NRC not to permit any decommissioning activity j
to take place until the above issues are resolved; and (7) commence an investigation into how the staff allowed the 4
l illegal situation at NU's Connecticut reactors to exist and continue over a decade.
i i
Current Status:
The petitioners were contacted by telephone on 12/19/96 and informed that the 2.206 process is a public process. The videotape which was provided with the petition has been transcribed and placed -
1 r
in the NRC's Public Document Room and the local public document rooms. An acknowledgment letter was issued on 1/23/97. The staff I
indicated in the acknowledgment letter that D. Katz, President of CAN had been added to the NRC service lists for the Millstone and I
Haddam Neck facilities to assure that the petitioners receive NRC correspondence relevant to the petition. The staff also indicated in i.
the acknowledgment letter that the petition, the supplemental information, and a transcript of the videotape had been sent to the NRC's Office of the inspector General (IG).
The staff received a letter dated 1/12/97 from CAN and NIRS i
expressing concem 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 7as, and that the petitioners had not received the i
staff's acknowles nent letter. The petitioner was contacted on i
n
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l 1/28/97 and 2/4/97 to discuss the 1/12/97 letter. It was agreed that i
the acknowledgment letter had addressed the concems expressed in the 1/12/97 letter.
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The petitioners were provided a status update letter dated 4/10/97 4 -
indicating that the staff continues to review the petition and will continue to provide status updates. The staff also followed up with -
2 the petitioners on the discussion of the IG's involvement by indicating
- that the IG would receive all correspondence relating to the petition for its consideration. In May 1997, the completion date was extended to 7/11/97 to allow time for further staff review. On 7/3/97, the staff received information from the licensee relating to the nitrogen intrusion event at Haddam Neck.' As a result, the completion date was extended to 8/31/97.
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Facility:
Vermont Yankee Petitioner:
J. Block on behalf of Citizens Awareness Network, Inc.
Date of Petition:
12/6/96 Director's Decision To Be issued by:
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Date Referred to Review Organization:
1/23/97.
. EDO Number:
GT96950 OGC Number:
P-96-027 Scheduled Completion Date:
8/12/97 i
Last Contact with Petitioner:
5/1/97 Petition Manager:
V.Rooney Case Attomey:
' R. Hoefling l
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, based upon the information contained therein. The first document is a Citizens Awareness Network (CAN) memorandum reviewing
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information presented by the licensee at an enforcement.
conference involving the VY residual heat removal (RHR) system minimum flow valves.. The petitioner raises a concem that the corrective action taken by the licensee in opening these valves may haveintroduced an unreviewed safety question with regard to containment isolation. The second document is a CAN memorandum reviewing certain licensee event reports (LERs) submitted by the licensee on a variety of issues such as fire protection, tomado
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protection, thermal protection for piping lines, equipment 4
operability and equipment testing.
8 Current Status:
An acknowledgment letter was issued on 2/12/97. A draft Director's i
Decision has been prepared and is under staff review. A status -
update letter was sent to the petitioner on 5/1/97. The completion date was extended in June 1997 to 8/12/97 to allow time for
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additional staff review of the draft Director's Decision.
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1 Facility:
Millstone and Connecticut Yankee Petitioner _
E. Hadley on behalf of A. Cizek Date of Petition:
3/3/97 Director's Decision To Be lasued by:_
NRR Date Referred to Review Organization:
3/17/97 EDO Number:
GT97140 OGC Number:
P-97-004 Scheduled Completion Date:
9/30/97 Last Contact with Petitioners:
4/8/97 Petition Manager:
S. Reynolds_
Case Attomey:
R. Hrsfling Issues / Action Requested:
Petitioner proposes the operating licenses of Millstone Units 1,2, and 3 and Connecticut Yankee each be modified to include seven provisions. The first four provisions would specify specific conditions (issuance of violations) that would trigger the operating license being suspended for a period of not less than 90 days and not more than 180 days. The fifth provision would specify 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 attemate 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.
Facility:
Connecticut Yankee Petitioners:
R. Bassilakis, Citizens Awareness Network (CAN) and P. Gunter, Nuclear Information and Resource Senrice (NIRS) i Date of Petition:
'3/11/97 i i
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:
8/8/97 Last Contact with Petitioners:
4/3/97 Petition Manager:
M. Fairtile Case Attomey:
M. Rafky lasues/ 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 facility without any contamination events for at least 6 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. In May 1997 the scheduled completion date was extended to 8/8/97 to allow time for additional staff review.'
Facility:
Turkov Pt. and St. Lucie.
Petitioner:
T. Saporito Date of Petition:
4/23/97, as supplemented 5/11/97 and 5/17/97 Director's Decision To Be issued by:
NRR 1
Date Referred to Review Organization:
5/2/97-EDO Number:
GT97311 OGC Number:
P-97-008 Scheduled Completion Date:
8/30/97 H
Last Contact with Petitioner:
6/14/97 Petition Manager:
L. Wiens Case Attomey:
S. Chidakel lasues/ Action Requested:
Petitioner requests that the NRC: (1) take enforcement action to modify, suspend, or revoke Florida Power &
Light's (FP&L, the licensee) operating licenses for all four nuclear reactors until such time as the licensee can sufficiently demonstrate to the NRC and the public that employees at the licensee's nuclear facilities are exposed to a work environment which encourages employees to freely raise safety concems directly to the NRC without being required to first identify their perceived safety
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concems to the licensee; (2) take escalated enforcement i
action in accordance with 10 CFR 2.202 and/or in accordance with other NRC regulations due to discriminatory practices of the licensee in violation of NRC regulations at 10 CFR 50.7 and/or in accordance with other NRC regulations; and that the enforcement action be 4
escalated' retroactive from the initial occurrence of the violation by the licensee; (3) conduct a public hearing and permit petitioners leave to intervene at said hearing to perfect an evidentiary record in consideration of whether the licensee has violated NRC requirements and/or -
regulations with respect to the operating licenses the Agency issued to the licensee to allow operation of its nuclear facilities; (4) require the licensee to post a written notice along side each NRC Form 3 currently posted at the j
licensee's nuclear facilities, which alerts employees that
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they can directly contact the NRC about safety concems without first having to identify their safety concems to the licensee; (5) require the licensee to provide a copy of the aforementioned posted cornmunications to all emplcyees at i
the licensee's nuclear facilities and to take necessary measures to insure that all employees are made aware of those communications through the licensee's General Employee Training Program; and (6) require the licensee to provide the Agency with written documents authored by Mr. James Broadhead, or other officer of the licensee under affirmation that the Agency's requirements as described above in items 4 and 5 have been fully complied with.
Current Status:
The petitioner was contacted by telephone on 5/22/97 and informed that the 2.206 process is a vec process. An acknowledgment letter was issued on 6/14/97.
Facility:
San Onofre Nuclear Generatina Station Petitioner:
S. Dwyer Date of Petition:
4/25/97
-I Director's Decision To Be lasued by:
NRR Date Referred to Review Organization:
5/2/97 EDO Number:
GT97339 i
OGC Number:
P-97-009 Scheduled Completion Date:
10/30/97 Last Contact with Petitioner:
6/26/97 Petition Manager:
M. Fields Case Attomey:
H. McGurren..
Issues / Action Requested:
Petitioner believes that San Onofre will not be able is withstand a major seismic event due to the degradation of steam generator intemal tube supports, in addition, petitioner requests that a thorough investigation should be done in Unit 2 to find any corrosion of the steam generator intemal tube supports similar to that identified in Unit 3.
Further, petitioner requests that a general seismic
- evaluation upgrade should be done for the San Onofie steam generators and a retrofitting upgrade of the steam generator supports could be done at the same time.
Current Status:
An acknowledgment letter was issued on 6/26/97 denying the petitioner's request to immediately shut down the San Onofre Nuclear Generating Station (SONGS).
Facility:
Prairie Islard Nuclear Generatina Station Petitioner:
Prairie Islano Indian Community Date of Petition:
5/28/97 l
Director's Decision To Be lasued by:
NRR Date Referred to Review Organization:
6/2/97 EDO Number:
GT97414 OGC Number:
P-97-010 Scheduled Completion Date:
8/28/97 Last Contact with Petitioner 7/2/97 Petition Manager:
W. Reckley Case Attomey:
L. Clark lasues/ Action Requested:
Requests the staff to: (1) determine that Northem States Power (NSP) violated the requirements of 10 CFR 72.122(l) by using its Materials License No. SNM-2506 for an independent spent fuel storage installation (ISFSI) prior to establishing conditions for safely unloading the Transnuclear TN-40 dry storage containers; (2) suspend Materials' License No. SNM-2506 for cause under 10 CFR 50.100 unti! such time as all s!gnificant issues in the i
unloading process, as described in the petition, have been resolved, the unloading process has been demonstrated, and until an independent third party review of the TN-40 unloading procedure has been conducted; (3) provide petitioners an opportunity to participate fully in the review of the unloading procedure for the TN-40 cask, hold hearings and allow petitioners to participate fully in these and any other procedures initiated in response to this petition; and (4) update the technical specifications for the Prairie Island ISFSI to incorporate mandatory unloading procedure requirements.
Current Status:
The petitioner was informed on 6/9/97 that the 2.206 process is a public process. An acknowledgment letter, including a finding that no immediate NRC action was necessary, was issued on 6/27/97. The petition process and staff plans for raviewing the petition were '
discussed with the petitioners' legal representative on 7/2/97.
Facility:
San Onofre Nuclear Generatina Station Petitioner:
- P. Borchmann Date of Petition:
6/23/97 Director's Decision To Be issued by:
NRR Date Referred to Review Organization:
7/3/97 EDO Number:
GT97494 OGC Number:
P-97-011
' Scheduled Ccayletion Date:
10/30/97 Last Contact with Petitioner:
Petition Manager M. Fields Case Attomey:
H. McGurren issues / Action Requested:
Demands that the NRC extend the current San Onofre Nuclear Generating Station (SONGS) Unit 3 refueling outage until all outstanding public safety concems are fully resolved including: (1) serious flaws in the SONGS emergency evacuation plans for both San Diego and Orange County; (2) undersized pressurizer; (3) SONGS mismanagement in loss-of-coolant accident (LOCA) dose calculations; (4) Unit i spent fuel pool is not designed for permanent storage; (5) high density racks in Units 2 and 3 spent fuel pools increase the probability of accidental criticality as degradation of materials occurs and break up of pool during a seismic event; (6) the condition of the spent fuel pool waterproof membrane is unknown; (7) NRC has failed to establish requirements and procedures for licensee monitoring any leaks in the spent fuel pool; (8) local population will not respond to an emergency at SONGS because of conditioned response to military training at Camp Pendleton or because of lack of attention due to listening to tapes or compact disks; (9) reliance on civilian personnel to respond to an emergency; (10) no safe disposal plan exists for the spent fuel from SONGS; (11) SONGS and Southem Califomia Edison are more interested in profit than safety; and (12) questions regarding SONGS increase in liability insurance.
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i Current Status:
An acknowledgment letter is being drafted.
2 END OF STATUS REPORT i
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Decisions Pending Before the Commission and the Courts t
Petitioner:
Northeast Ohio Regional Sewer District i
Facility /EDO No.:
Advanced Medical Systems. Inc./8663
- Decision Nol(Date):
DD-97-13 (6/13/97) (Final)
Comments:
Granted in part. Denied in part.
Petitioner Worrall, Berkeley Township Environmental Commission Facility /EDO No.-
Ovster Creek /GT97256 Decision NoJ(Date):
DD-97-14 (6/16/97) (Final)
Comments:
Dismissed as premature.
Petitioner:
Sinclair and Roemer on behalf of Don't Waste Michigan and i
Lake Michigan Federation, respectively Facility /EDO No.:
All Users of the VSC-24 Cask /GT96801 Decision Nol(Date):
DD-97-15 (6/18/97) (Final)
Comments:
Denied in part. Granted in part.
Petitioner:
Blockey-O'Brien Facility /EDO No.:
Georaia Tech and All Licensees /10598 j
Decision Nol(Date):
DD-97-16 (6/27/97) (Final) 2 Comments:
Denied.
1 END OF DECISIONS PENDING
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