ML20197H141
| ML20197H141 | |
| Person / Time | |
|---|---|
| Issue date: | 12/24/1997 |
| From: | Zimmerman R NRC (Affiliation Not Assigned) |
| To: | Callan L NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML20013D961 | List: |
| References | |
| NUDOCS 9712310200 | |
| Download: ML20197H141 (17) | |
Text
- _ . ._ _ _ _ _ _ _
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- December 24, 1997 MEMORANDUM TO: L. Joseph Callan Executive Director for Operations Roy P. Zimmerman ORIGINAL SIGNED BY B, 80GER FOR: ;
FROM: t Associate Director for ProMets Office of Nuclear Reactor Re0ulation SUBJEC f: NOVEMBER 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 November 1997. This report may not reflect changes in status that have occurred since petition managers submitted data on the November status. Attachment i gives the status of petitions before the Offices of Nuclear Matsrlal Safety and Safeguards and Nuclear Reactor Regulation.
Attachment 21ists decisions before the Commission and the courts. Attachment 3 lists other sensitiva mat'.ers, which are for intemal distribution only.
By issuing the monthly report on the status of pending 10 CFR 2.206 petitions, the staff is docume**Jnr 's responsiveness to petitioners.
To enhe i staff responsiveness to the public, those parts of the monthly report not of a sensit' ,ature will be placed in the Public Document Room and on the NRC Home page, makir ,, .nem readily accessible to the public.
Attachments:
- 1. Report on Status of Public Petitions Under 10 CFR 2.206
- 2. Deci9lons Pending Before the Commission and the Courts )
>* 3. Internal Distribution Only (A
cc w/atts: 1L L. Thompson, EDO R. L. Bangart, OSP f]^ A. C. Thadani, EDO G. P. Caputo,01 g P. G. Norry, EDO J. F. Cordes, Jr., OCAA 1
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~; J. Blaha, EDO J. R. Goldberg, OGC
,! K. D. Cyr, OGC L. J. Cnandler, OGC S. J. Collins, NRR C. J. Paperiello, NMSS t W. F. Kane, NMSS Regional Administrators e< J. Lieberman, OE OCA gp een E. Jc;ian, SECY OPA qqacf 0
Bill Gleaves, NRR dup : -
g ulo CONTACT: g ,e I o o e tad &
j 416'1479
%Q DJstribution:
Central Files M. Mattia/NMSS P.Lohaus P. Anderson /EDO W. Travers PUBLIC w/att 1 & 2 only (Att 3 is "NOT FOR EXTERNAL DISTRIBUTION") B. Boger B. McCabe E. Adensam (e) F. Cameron /OGC G. Deegan/NMSS T. Essig Ush- R. Zimmerman M. Thadani - ' L Berry (e) W. Gleaves PD4-1 r/f T receive a copy of this document, Indicate in the box: C' = Copy without attrhment/ enclosure E" = Copy wnh attachment / enclosure 'W" =
Nocopy DOCUMENT NAME: G:\GLEAVES\2-206\EDO2206.NOV -
OFFICE PM:PD11, .E LA:PD1)d E NMSS:RMB* E ADPR:NRRd E NI NAME W. Gle%I" L. Berry g1NP M. Mattia R.P. ZimmerWaV > 07 d 4" DATE 12/fJ97 12/ 197 /r/ 12/12/97(e)1:33pm 126997 pWjg OFFICIAL RECORD COPY (e) e-mail concurrence 9712310200 971224
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- UNITED STATES NUCLEAR REGULATORY COMMISSION l 5 '
WASHINGTON, D.C. 30MHoot e....
[/ Decemuer 24, 1997 MEMORANDUM TO: L. Joseph Callan !
Executive Director for Operations FROM: Roy P. Zimmerman ,
Associate Director for Pro ects [ '
Office of Nuclear Reactor Re;, .auva
SUBJECT:
NOVEMBER 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 November 1997. This report may not reflect changes in status that have occurred since petition raansgers submitted data on the November status. Attachment 1 gives the stetos of petitions before the Offices of Nuclear Material Safety and Safeguards and Nuclear Reactor Regulation.
Attachment 2 I!sts decisions before the Commission and the courts. Attachment 3 lists other sensitive matters, which are for internal distribution only.
By issuing the monthly report on the status of pending 10 CFR 2.206 petitions, th6 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 NRC Home page, -
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 Couns
- 3. Internal Dittribution Only cc w/atts: H. L. Thompson, EDO R. L. Bangart, OSP A. C. Thadani, EDO G. P. Caputo, 01 P. G. Norry, EDO J. F. Cordes, Jr., OCAA J. Blaha, ECD J. R. Goldberg, OGC K. D. Cyr, OGC L. J. Chandler, OGC S. J. Collins, NRR C. J. Paperiello, NMSS W. F. Kane, NMSS Regional Administrators J. Lieberman, OE OCA E. Julian, SECY. OPA CONTACT: Bl!I Gleaves, NRR 415-1479
. i t
i Report on Status of Public Petitions Under 10 CFR 2.206 November 1997 ,
Contents' Page Facility Petitioner /EDO No. Ng, '
Advanced Medical Systems, Inc. Northeast Ohio Regional Sewer l District /10395 1 Milletone Galatis, We the People, inc/EDO603 2,15 Connecticut Yankee and Millstone Katz, Citizens Awareness ,
Network /GT96919 4 Vermont Yankee Block, Citizens Awareness Network /GT96950 6 M>iistone and Cornecticut Yankee Hadley/GT97140 7 Connecticut Yankee Bassilakis, Citizens Awareness Network /GT97181 8,15 l San Onofre Nuclear Generating Station Dwyer/GT97339 9
- San Onofre Nuclear Generating Statinn Borchtrann/GT97494 10 Northern States Power Company Crocker, Prairie Island Coalition /GT97632 11 D.C. Cook, U,,its 1 and 2 Lochbaum/GT97724 13
' includes Attachments 2 and 3 8
i 1
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4 ,
Repor1 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 Decislo' To Be issued by: NMSS Date Refened to Review Organization: 8/29.W EDO Num%r: 1039i OGC Number: P.9'. 020 beheduled Completion Date: *l10/98 Last Contact with Petitioner (s): 12/18/97 Petition Manager J. DeCicco Case Attomey: R. Welsman issues /Act!cn Requested: Amend AMS license to install, maintain, and operate alarms on all drains from London Road facility.
Current Status: An acknowledgment letter was issued on 9/7/94. The staff 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 liccnse 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 1695 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 staffs 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 petitioners 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 petitioners 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.
1
l l
The petWoner was contacted by telephone on 4/11/97. 6/19/97, ;
8/19/97, anc 10/21/97 and informed of the status of the petition. A :
decision was made by the staff to defer the Director's Decision until ,
completion of the license renewal application review and hearing !
process, currently scheduled to be completed by April 1998. !
Facility: Millstana Petitioners: G. Gala:is, and E. Hadley on behalf of We the Peopig, Inc. !
Date of Petition: 8?' N, supplemented 8/28/95 !
Director's Decision To Be issued by: NRR :
Date Referred to Review Organization: 8/30/95 EDO Number: . 603 6 OGC Number: P 95-015 .
Scheduled Completion Date: 1/30/98
. Last Contact with Petitioner (s): 11/10/97 Petition Manager: S. Dombok Case Attomey: R. Hoofling ,
Issues / Action Requested: The petitioners allege that Northeast Utilitics (NU) has cfflooded more fuel assemblies into the spent fuel pool than ,
permitted under License Amendments 39 nd 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 i for 60 days after the unit is brought into compliance with the license and the design basis, in addition, the petitioners request that the operating license be revoked until the fac3ity is in full compliance with the terms and conditions of its license; ,
before reinstatement of the license, a detailed independent analysis of the obito doso consequences of totalloss of spent fuel pool water be conducted; thet 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 fuellt may offload and that the 1 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 appliwele events be conducted, in the supplement, Mr. Galatis raised additional concoms; These
- concame are that NU also committed violations by offloading
- l more than one-third of a core of fuel at Millstone Units 2 and -
l- 3 and Seabrook Unit 1. !n addition, with regard to Millstone Unit 3, Mr. Galatis is concemed that NU submitted a material ,
L l- .2 Attachment 1 l
i
~
' falso statement to the NRC associated with a license ,
iF -
. amendment and that an unanalyzed condition exists with regard to system piping for full-core offload eventse With _ ;
regard to Seabrook Unit 1, Mr. Galatis is conoemed about
.l 4
technical specification violations associated with a crielity- il 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 - Current Status: Northeast Utilities (NU) oluntaray provided its response to the 8/21/95 letter on 9/22/95 and to ' :s 8/28/95 supplement on 10/11/95. On 9/22/95, the staff contacted E. Hadley 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 1 i- General (IG) as "all as independent NRC reviews. The staff also -_ .
Informed the petitioner that F he wanted to intervene in the Millstone l 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 am6ciment request
- i. and on 11/9/95 issued the amendment and safety evaluation. The L staff reviewed the IG and Ol reports to determine if future inspections i- at Millstone were ne9dedf A spent fuel pool ir.spection was conducted 4 at Millstone in March 1996 to review the 10 CFR 2.206 concems as i 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 meeting was postponed because of
!- poor weather. The meeting that was subsequently held on 4/8/96 was well attended and there was considerable public interest in the issues l- raised in the petition.-- However, the staff did not identify any significant L new safety issues requiring further staff action. On 4/12/96 the staff.
mailed the petitioners and the licensee an ad rance copy of the 4/8/96
[;
i meeting transcript. On 4/24/96 the staff mailed the petitioners the
!- official transcript.
i L On 6/7/96 the staff issued a status update letter to the petitioners. The L
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 1 spent fuel pool issues. The completion date was extended in August 4 1996 to 10131/96, and again in October 1996 to 5/51/97 to allow for u Tadditional staff review. On 9/19/96 the staff issued a status update 1:
3 Attachment 1 ww r.-<4e-e+- e**e e-< we e-t-,e,-- r 5 i- UEN mm -- N + w a* . +m = E i+m---er- e w- > == ---
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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) requinng _l i
information that will prov " i the staff with added assurance that plants 1
are operated ar.d maintal .ed in accordance with their design bases and any de',iatlers are reconciled 'a a timely manner. -
On 12/2646; the i ta# 5 sued a partial Director's Decision (DD 96-23) that addresM,e technice! aspects of the petitioners' requests. The i
~
wrongdoing a spects are still under revisw and will be addressed in a :
subsequent 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. On 4/22/97,-the staffissued a status update letter ,
to the petitioners which included an information copy of a 4/15/97 letter in which the staff answered various spent fuel pool safety questions posed by a member of the public. In May 1997, the completion date was extended to 11/15/97 to allow for completion of the 01 review. On 6/30/97, the staff issued a status update letter to the petitioners, in a letter dated 7/9/97, the petitioners requested that the informal public hearing be reconvened to allow them to submit additional evidence in support of the petition.--In a letter dated 8/25/97, the NRC staff denied the petitioners' request to reconvene the informal public hearing because the petitioners did not provide enough information to allow the staff to determine if the criteria in Management Directive 8.11," Review Process for 10 CFR 2.206 Petitions," regarding informal public hearings were met. The staff requested that the petitioners send the additional evidence to the staff as quickly as possible. The staff will assess the need for reconvening the informal public hearing once the additional evidence is received.
i- ,
! The completion date was extended in October 1997 to 1/30/l#8 to allow time for additional staff review. A status update letter was sent to the petitioner on 11/10/97. See Attachment 3 for further information.
Facility: Connecticut Yankee and Millstone Units 1. 2. and 3 Petitioners: D. Katz, Citizens Awareness Network (CAN) and P. Gunter, Nuclear
, .. . Information and Resource Service Date of Petition: 11/25/96, as amended 12/23/96 L _ _ Director's Decision To Be issued by: -
NRR L - Date Referred to Review Organization: 12/20/96 u EDO Number: - GT96919 OGC Number: P-96-026 '
4 Attachment 1
. , . _ . . . . - ~ . , .- _ _ _ ___ ._..______m_ _ _ =____C
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~j - -
- y Scheduldd Completion Date: -7/1/g8- . - . _
- Last Contact with Petitioners
- 10/20/g7 (64 Days as of 12/23/g7).
Petition Maneger:- D. Mcdonald
- Case Attomey: R. Hoefling .
, Issues / Action Requested: Petitioners request the staff to take the following actions: (1) ' .
immodistely tuspend 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 that NU made ,
material misrepresentations to the NRC concoming engineering calculations and other information or actions relied upon to assure the adequacy of safety systems at CY l, and Millstone; (3) If an investigation determines that NU i deliberately prcvided insufficient and/or false or misleading
- - information to the NRC, revoke NU's opersiing licenses for ,
'- CY and Millstone, or, if not, keep the reactors off-line pending .
a Department of Justice independent investigation; (4) if the t reactors remain operating, petitioners request tha* th3y 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 L of NU's actions; (6) in the event NU decides to decommission
' eny or all of th9 reactors at issue, petitioners request the NRC not to permit any decommissioning activity to take
- place until the above lasues are resolved; and (7) commence an investigation into how the staff allowed the lilegal situation s
at NU's Connecticut reactors to exist and continue over a
- . decade.
Current Status: The petitioners were contacted by telephone on 12/1g/g6 and informed that the 2.206 precess is a public process. A videotape, which was provided with the petition, has been transcribed and placed in the NRC's Public Document Room and the local public document rooms.
An acknowledgment letter was issued on 1/23/g7. The staff indicated in the acknowledgment lettu that D. Katz, 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 n
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);
4 -The staff received a letter dated 1/12/97 from CAN and NIRS 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 areas, and that the petitioners had not received the stafl's 5- Attachment 1 4
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1
, Lacknowledgment letter. The petitioner was contacted on 1/28/97 and 2/4/97 to discuss the il12/97. letter, it was agreed that the :
acknowledgment letter had addressed the concoms expressed in the ,
' 1/12/97 letter.
l The petitioners were provided a status update letter dated 4/10/97 .
Indicating that the staff continues to review the petition and will_
continue to provide status updates. The staff also followed up with the.
petitioners on the discussion of the IG's involvement by indicating that -
the IG would receivs 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/?/97, the staff received information from the licensee relating to the nitrogen intrusion 0 event at Haddam Neck. As a result, the completion date was extended to 8/31/97. The petitioners requested a copy of calculations performed by the licensee in response to an event resulting in a nitrogen bubble in ,
the reactor vessel at the Haddam Neck plant. The petitioners assert' :
that the calculations had not been performed in accordance with NRC requirements. The calculations had been performed to determine the
- level of the water in the reactor vessel due to the nitrogen bubble. The . -
calculations were provided as an attachment to a status update letter.
to the petitioners dated 7/21/97. A partial Directors Decision (DD l
- 21) was issued to the petitioners on 9/12/97. DD-97-21 partially granted some of the petitioners requests. Request (3) above was partially deferred for the Millstone plants and will be addressed in a subsequent final Director's Decision, currently scheduled for 7/1/98. I Facility: Vermont Yar.kee Petitioner: J. Block on behalf of Citizens Awareness Network. Inc.
Date of Petition: 12/6/96 )
Directors Decision To Be lasued by: NRR !
Date Referred to Review Organization: 1/23/97 ,
EDO Number: GT96950 !
OGC Number: P-96-027 l
. : Scheduled Completion Date: 12131/97 Last Contact with Petitioner: 11/28/97 Petition Manager: C. Smith Case Attomey: R. Hoefling
-lasues/ Action Requested: Petitioner requests the staff to evaluate two memoranda ;
concoming the Vermont Yankee (W) nuclear power station
- and take enforcement action, if it is warranted, based upon the information contained therein. -The first document is a i Citizens Awarenosa IM vork (CAN) memorandum reviewing
) information presented by the licensee at an enforcement
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conference involving the VY residual heat removal system 6 Attachment 1 E
.- - .- . - - , , + . . - , - . . . . - . . . - , . - . - . . . - , - . - - . _ .
~
minimum flow valves. The petitioner raises a concem that .
the corrective action taken by the licensee iri opening these -
-valves may have introduced an unreviewed safety question ;
- with regard to containment isolationi 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, tornado protection, thermal -
- protection for piping lines, equipment operability and equipment testing,.
Current Status: An acknowledgment letter was issued on 2/12/97. A status update letter was sent to the petitioner on 5/1/97. The completion date was l extended in June 1997 to 8/12/97, and again in July 1997 to 9/30/97 to l allow time for additional staff review of the draft Director's Decishn, A j status update letter was sent to the petitioner on 7/29/97. j A partial Director's Decision (0D-97-25) was issued on 10/8/97..
DD 97 25 addressed the staffs review of the LERs which had been :
> closed. A final Director's Decision will be issued following review of the LERs that remain open at this time.
Facility: Millstone 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 Orgenization: 3/17/97
. EDO Number: GT97140 OGC Number: P 97-004
, Scheduled Completion Date: 1/30/98' Last Contact with Petitioners: 12/18/97 Petition Manager: S. Dombek
- Case Attomey
- R. Hoofling ,
losues/ Action Requested: Petitioner proposes the operating licenses of Millstone Units
- 1,2, and 3 and Connecticut Yankee (Haddam Neck) 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 ar:d 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 7 Attachment 1
. . . , . _ , . . . . .~ -.-...#~ . ._o. - . _ , . . . , ,,. . . , . . _ , , , , . . , - . . , . . - - 4.,. ,, ..,v.m.s
. - . -. - - - -. - - . - . - . . - . - . - - - _ ~ . - - - . . - - . - . - -
altemate licensee to operate the facility during any suspension or revocation and would require the licensee to -
post a bond in the amount of $500 million as reasonable ,
assurance that this condition could be fulfilled.'
Current Status: An acknowledgment letter was issued on 4/8/97. The petitioner submitted letters to the staff on 4/16/97 and 7/9/97 requesting the staff to hold a public hearing on the issues mentioned in the petition and, if
- this request was denied, provide the staffs reasons. The staff responded to the petitioner in a letter dated 8/7/97 denying the . 1 petitioners request for an informal public hearing based on guidance -
provided in NRC Management Directive 8.11. The completion date
- was extended in September 1997_ to allow time for staff review of the ,
draft Directors Decision. A status update letter was sent to the petitioner on 10/15/97.
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 Directors Decision To Be lasued by:_ NRR Date Referred to Review Organization: 3/20/97 EDO Number: GT97181 ,
OGC Number: P 97-003 Scheduled Completion Date: 3/31/98 Last Contact with Petitioners: 12/18/97 Petition Manager: M. Fairtile Case Attomey: M. Rafky
- Issues / Action Requested: Petitioners request (1) that the 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-i 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."
Current Status: An acknowledgment letter was issued on 4/3/97, in May 1997 the -
scheduled completion date was extendM to 8/8/97 to allow time for additional staff review. The petitioner was contacted by telephone on '
_7/9/97 and informed of the status of the petition.--The scheduled completion date was extended in July 1997.to 8/22/97. A partial Directors Decision (DD-97-19) was issued on 9/3/97, DD-97-19 L denied requests (2) and (3) above. Request (1) regarding enforcement i 8' Attachment 1 m
. . . . .-~ - - - , _ . -- --, . - , , , , - , ~ - - . ,
-i action has been deferred and will be the subject of a final Directors Decision, currently scheduled for 3/31/98. _ in_ a public mooting on _
110/27/97, which the petitioner attended, the staff stated that it was ,
pursuing enforcement action regarding the remaining open item in the
- petition. See Attachment 3 for further details.
s Facility:- San Onofre Nuclear Generating Station Petitioner:: - S. Dwyer.
- Date of Petition: L 4/25/97- ,
Directors. Decision To Be issued by: NRR-Date Referred to Review Organization: 5/2/97 EDO Number: GT97339 OGC Number: P-97-009 Scheduled Completion Date: 1/27/98 .
- Last Contact with Petitioner: 11/21/97 >
Petition Manager: M. Fields Case Attomey: H. McGurren -
lasues/ Action Reouested: Petitioner believes that San Onofre will not be able to withstand a major seismic event due to the degradation of
- steam generator intomal tube supports, in addition, petitioner requests that a thorough investigation should be done in Unit 2 to find any corrosion of the steam generator intomal tube supports similar to that identified in Unit 3.
Further, petitioner requests that a general seismic evaluation upgrade should be done for the San Onofre steam generators and a ret *cfitting 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 - ,
petitioners request to immediately shut down the San Onofre Nuclear Generating Station. The licensee submitted information regarding the petitioners concems in a letter dsted 10/17/97, in response to the
- staffs request. As a result, the completion date has been extended to 4
1/27/98.
+
4 9 Attachment 1 0
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Facility: San Onofre Nuclear Generating Station Petitioner: P. Borchmann Date of Petition: 6/23/97, as supplemented 10/21/97 <
Director's Decision To Be Iss,ued by: NRR Date Referred to Review Organization: 7/3/97 -
EDO Number: GT97494 ,
OGC Number: P-97-011 Scheduled Cempletion Date: 1/15/98 Last Contact with Petitioner: 9/22/97 (92 Days as of 12/23/97)
Petition Manager: B. Westreich Case Attomey: H. McGurren lasut s/ Action Requested: Demands that the NRC extend the current San Onofre 3 Nuclear Gerversting Station (SONGS) Unit 3 refueling outage until all outstanciing 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 1 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; (ts) 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.
Cdrrent Status: The petition manager contacted the petitioner by telephone on 7/25/97 to discuss the status of the petition.. An acknowledgment letter was issued on 9/22/97.
10 Attachment 1
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. Facility::- Northern States Power Company '
- Petitioner: _ . G. Crocker, Prairie Island Coalition Date of Petition: 8/26/97J >
. _ Director's Decision To Be lasued by: _ .NRR-Date Referred to Review Organization: C'2/97 y EDO Number: GT97632 ,
OGC Number: P-97-012 '
Scheduled Completion Date: 100/98 Last Contact with Petitioner: 11/24/97 Petition Manager:- W. Reckley Case Attomey: L. Clark 4
lasues/ Action Requested: - Petitioner requests the staff to: (1) suspend Northem States l Power Company's (NSP) Materials License No. SNM 2506 - i*
r for cause under 10 CFR 50.100 until all material issues regarding the maintenance, unloading, and decommissioning processes and procedures, as described in ibis petition and ,
< ' a previous petition submitted by the Prairie Island Indian l Community, have been adequately' addressed and resolved, ;
and until the maintenance and unloading procedures in question are safely demonstrated under the scrutiny of independent third party review of the TN 40 cask seal l maintenance and unloading procedure; (2) determine that -
NSP violated 10 CFR 72.122(f) by using a cask design that .
E requires periodic seal maintenance and emergency seal
- replacement that must be p.irformed in the plant storage pool; (3) determine that NSP violated 10 CFR 72.122(h) by using a cask that must be placed into the pool for necessary maintenance and/or unloading procedures, while such placement will prematurely degrade the fuel and pose
- operational safety problems with respect to its ultimate and . ;
- necessary temoval from dry cask storage; (4) determine that
- NSP_ violated 10 CFR 72.122(l) by loading casks and storing them under their license before it had procedures adequate to safely unload and decommission the TN-40 casks; (5) determine that NSP violated 10 CFR 72.130 by using the 4 TN40 cask and failing to make provisions capable of.'
accomplishing the removal of radioactive wastes and contaminated materials at the time the ISFSI is permanently
- decommissioned; (6) determine that NSP violated 10 CFR 72.11 by failing to provide and include complete and accurate
- - - - - material information regarding maintenance and unloading of -
-TN-40 casks in their ISFSI application and in subseque d submissions regarding cask maintenance and unloading
[ _ _
issues; (7) determine that NSP violated 10 CFR 72.12 by
- : 11 Attachment 1 y y ,- -1r Awwe,-er ---w+p- --
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deliberately and knowlingly submitting incomplete and
. inaccurate material information regarding maintenance and unloading of TN40 casks in their ISFSI application and in -
subsequent submissions regarding cask maintenance and -
unloading issues; (8) require NSP_ to pay a substantial . _
penalty for each cask loaded in violation of NRC regulations; -
(9) administer such other sanctions for the above violations :
of NRC regulations as the NRC deems necessary and 1 - appropriate; (10) provide petitioner the opportunity to participate in a public review of maintenance, unloading, and -- s decommissioning processes and procedures in question and -
an opportunity to comment on draft findings after -
investigation by the NRC; (11) order modification of NSP's technical specifications to ensure a demonstrated ability to safely maintain, unload, and decommission TN40 casks; and (12) review NSP's procewes and procedures for ,
maintenance, unloading, and decommissioning, and if NSP l does not possess capability to unload casks, order NSP to build a " hot shop" for air unloading of casks and transfer of the fuel.
- Pursuant to 5 U.S.C. 553(e), petitioner also requests a formal rulemaking proceeding to: (1) solicit information and review current information regarding thermal shock and corrosion inherent in dry cask storage and usage and to define the parameters of degradation acceptable under 10 CFR 72,122(h); (2) define the parameters of retrievability required under 10 CFR 72.122(l); and (3) amend current licenses and rules for prospective licensing proceedings to require demonstration of a safe cask unloading ability before a cask may be used at an ISFSI.
- Current Status
- The petitioner was informed during a telephone conversation on 9/8/97 that the 2.206 process is a public process. An acknowledgment letter was issued on 10/2/97. The acknowledgment letter informed the petit 5ner that the staff would process the last three requests in the
- . . petition in accordance with .10 CFR 2.802, " Petition for Rulemaking "
The petitioner was contacted by telephone on 11/24/97 and informed of the status of the petition.
12- -Attachment 1
-e e -<r -r = -h-*-- mue - - - +- +eei:*-weo er eri-M-- . w e 'w-
- re-in- u- ,--. v--v~ iw - r=+w
. . - - - - - . . . ~ . . . .- - - . . . . . - . . , . - - . . - . - - - . . . . .
l :, u l
' Facility: Donald C. Cook. Units 1 and 2 '
, Petitioner: D. - Lochbaum, Union of Concernced Scientists :
- Date of Petition: 10/9/97- -
! Director's Decision To Be issued by:
NRR l Date Referred to Review Organization: 10/15/97 l
. EDO Number: GT97724 OGC Number: . . P-97-013 Scheduled Completion Date: 1/30/98 Last Contact wRh Petitioner:1 11/10/97 Petition Manager: J. Hickman
- ' Case Attorney
- R. Hoefling . !
issues / Action Requested; . Petitioner 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 petit'onor also requests that a public hearing into this matter be held in the Washington,' DC area prior to the first unit at D.C. Cook being authorized to restart so that the petitioner can present information supporting the contentions in this petition.
. Current Status: The petitioner was contacted by telephone on' 11/10/97 and informed of the status of the petition. A draft acknowledgment letter is being reviewed by the staff.
END OF STATUS REPORT i
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n 13 Attachment 1
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f Decisions Ponding Before the Commission and the Courts
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