ML20199C231
| ML20199C231 | |
| Person / Time | |
|---|---|
| Issue date: | 01/26/1998 |
| From: | Zimmerman R NRC (Affiliation Not Assigned) |
| To: | Callan L NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML20008C258 | List: |
| References | |
| 2.206, NUDOCS 9801290194 | |
| Download: ML20199C231 (19) | |
Text
__. __ . _ _ _ _ . _ _ __ _ _ . . _ _ . . _ _ _ .
January 26, 1998 MEMORANDUM TO: L. Joseph Call:n Ex;cutiva Dir:ctor for Operctions t
l FROM: Roy P. Zimmerman ORIGINAL SIGNED BY B. B0GER FOR:
Associate Director for Projects Office of Nuclear Reactor Regulation
SUBJECT:
DECEMBER 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 December 1997. This report may not reflect changes in status that have occurred since petition managers submitted data on the November 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 internal 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. Those parts of the., monthly report not of a sensitive nature will be placed in the Public Document Room ar,d will be a link on the NRC external 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 Cour'.4
- 3. Internal Distribution Only ,
cc w/atts: H. L. Thompson, EDO R. L. Bangart, OSP A. C. Thadani, EDO G. P. Caputo, Ol P. G. Norry, EDO J. F. Cordes, Jr., OCAA J. Blaha, EDO J. R. Goldberg, OGC K. D. Cyr, OGC L. J. Chandier, OGC ,
S. J. Collins, NRR C. J. Paperiello, NMSS W. F. Kane, NMSS Regional Administrators D(O h J. Lieberman, OE OCA i E. Julian, SECY OPA CONTACT: William Gleaves, NRR 415-1479 Distribution:
toesmalmlesa P.Lohaus P. Anderson /EDO W. Travers PUBLIC w/att 1 & 2 only (Att 3 is "NOT FOR EXTERNAL DISTRIBUTION") 8. Boger B._McCabe E. Adensam (e) F. Cameron /OGC G. Deegan/NMSS T. Essig R. Zimmerman M. Thadani L. Berry W. Gleaves PDil-2 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:\GLEAVES\2 206\EDO2206.DEC l OFFICE PM:P,Qll 2 l E LA:PDll-2, l E NMSS:RMpy E ADPR:NRC E I lNAME W.ldleaves L. Berry Vh G. Deegan (e)%\
R.P. ZimmMman lDATE 1/15/98 illt /98 '
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/ January 26, 1998 MEMORANDUM TO: L. Joseph Callan Executive Director for Operations g
FROM: Roy P. Zimmerman /(f Associate Director for Projects /"
Office of Nuclear Reactor Regulation k
SUBJECT:
DECEMBER 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 December 1997. This report may not reflect changes in status that have occurred since petition managers submitted data on the November 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. Those parts of the monthly report not of a W:.!tive nature will be placed in the Public Document Room and will be a link on the NRC external home page, making them readily accessible to the public.
Attachrnents:
- 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 ec 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, EDO 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: William Gleaves, NRR 415 1479
Report on Status of Public Petitions Under 10 CFR 2.206 December 1997 Contents
- Page Facility Petitlener/EDO No. &
Advanced Medical Systems, Inc. Northeast Ohio Regional Sewer District /10395 1 Envirocare of Utah, Inc. Cochran, Natural Resources Defense Council 2 Millstone Galatis, We the People, Inc./EDO603 2,17 Connecticut Yankee and Millstone Katz, Citizens Awareness Network /GT96919 5 Vermont Yankee Block, Citizens Awareness Network /GT96950 7,15 Millctone and Connecticut Yankee Hadley/GT97140 8 Connecticut Yankee Bassilakis, Citizens Awareness Network /GT97181 9,17 San Onota Nuclear Generating Station Dwyer/GT97339 10 San Onc,tre Nuclear Generating Station Borchmann/GT97494 11 Northern States Power Company Crocker, Prairie Island Coalition /GT97632 12 D.C. Cook, Units 1 and 2 Lochbaum/GT97724 14 Seabrook i Doughty /GT970873 14
- Includes Attachments 2 and 3 s
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t 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 Date Referred to Review Organization: 8/29/94 EDO Number: 10395 OGC Number P 94-020 Scheduled Completion Date: 4/10/98 Last Contact with Petitioner (s): 12/18/97 Petition Manager: J. DeCicco Case Attomey: R. Weisman Issues / Action Requested: Amend AMS license to install, maintain, and operate alarms on all drains from London Ro ed 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 Dictrict 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 samohng system on a proposed lateral sewer line. The completion date was extended in August 1995 to allow time for completion of the staff's review.
1 The staff provided status updates to the petitioner by telephone on 5/30/95,8/1/95,10/3/95,12/4/95,2/12/96,4/16/96,6/18/96,8/20/94, 10/22/96, and 12/20/96. The completion date was extended in January 1997 to 3/30/97 to allow for the staff's review of the draft 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 Attcchment 1 1
The petitioner was contacted by telephone on 4/11/97,6/19/97, 8/19/97, and 10/21/97 and informed of the status of the petition. /,
decision was made by the staff to defer the Directors Decision until completion of the license renewal application review and hearing process, currently scheduled to be completed by April 1998.
Facility: Envirocare of Utah. Inc.
Petitioner: T. Cochran, Natural Resources Defense Council Date of Petition: 12/12/97 Directors Decision To Be lasued by: NMSS Date Referred to Review Organization: 12/18/97 EDO Number: GT970863 OGC Number: P 97-014 Scheduled Completion Date: TBD Last Contact with Petitioner (s): 12/18/97 Petition Manager: H. Lefevre Case Attorney: H. McGurren issues / Action Requested: Immed' ate NRC investigation and suspension of Envirocare's license.
Current Status: The petitioner was contacted by telephone on 12/18/97 and informed of NRC's receipt of the petition. A draft acknowledgment letter, scheduled for issuance in mid Jr.nuary,1990, is being prepared .
NRC's letter of 12/31/97 to Mr. Charles Judd of Envirocare requires that the licensee do the following: (1) respond to each of the allegations raised in the petition, (2) adviso the NRC whether it intends to enforce its Employment Agreement against current and forrner employees who have engaged, or do engage, in protective activities cognizable under Section 211 and other employee protection statutes, and (3) respond to inconsistencies in its employee protection policies as identified in NRC'e 12/08/97 letter, in the 12/31/97 letter, the licensee is required to respond to all NRC questions and requests within 30 days.
Facility: Millatent Petitionets: 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 2 Attachment 1
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4 Scheduled Completion Date: 1/30/98 Last Contact with Petitioner (s): 11/10/97 .
Petition Manager: S. Dembok Case Attorney: R. Hoefling issues / Action Requested: The petitioners allege that Northeast Utilities (NU) has offloaded more fuel assemblies into the spent fuel pool than permitted under License Amendments 39 and 40; that NU has knowingly operated Millstone in violation of its operating licenses; and that NU has submitted material false statements. Petitioners seek institution of a 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 opersting license bw revoked until the facility is in full compliance with the terms and conditions of its license; before reinststement of tne license, a detailed independent analysis of the offsite dose conuquences 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 amcant of spent fuel it may omond and that the amendment be denied; that the NRC retain an independent expert, at NU's expense, to prepare a safety analysis report on the proposed amendment; and that, before the issuance of any amendment, an analysis including both the probability and consequences of applicable events be conducted. 'in the supplement, Mr. Galatis raised additional concems. These concems are that NU also committed violations by offloading more than one-third of a core of fuel at Millstone Units 2 and 3 and Seebrook Unit 1. In addition, with regard to Millstone Unit 3, Mr. Galatis is concerned that NU submitted a material fclos statement to the NRC associated with a license amendment and that an unanalyzed condition exists with regard to systam piping for full-core omond events. With regard to Seabrook Unit 1, Mr. Galatis is concerned about technical specification violations associated with a criticality
- analysis; Finally, the petitioners make the additional request that a public hearing be held in the vicinity of Millstone Unit 1 to permit comment by the public on the issues raised in the petition.
Current Status: Northeast Utilities (NU) voluntarily provided its response to the 8/21/95 letter on 9/22/95 and to the 8/28/95 supplement on 10/11/95. On 9/22/95, the staff contacted E. Hadley to inform him that issuance of 3 Attachment 1
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the acknowledgment let'.er had been delayed because of ongoing investigations by the Office of Investigationt (01) and the Inspector
, General (IG) as well as independent NRC reviews. The staff also informed the petitioner that if he wanted to intervena in the Millstone o tJnit 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 amendrnent request and on 11/9/95 issued the ainandment and safety evaluation. The staff reviewed the IG and 01 reports to determine if future inspections at Milistone were needed. A spent fuel poolinspection was conducted at Millstone in March 1996 to review ths 10 CFR 2.206 concems as wel' as other spent fuel poolissues. The scheduled completion date was extended in February 1996 to 7/30/96 because of technloalissues s quiring further staff review. On 2/1/96 and 4/9/96, the staff issued i sisu: Update leMers to the petitioner. On 2/5/96, a FederalRegister 1 notice was issued announcing a 10 CFR 2.206 informal public hearing
]r to be hcid on 3/7/96. The 3/7/96 meeting wcs postponed because of poor weather. The meeting that was subsequently held n 4/8/96 was k well attanded and there was considerable public interest 1 the issues raised in the petition. However, the staff did not identify any significant i
ncs safety issues rquiring further staff action. On 4/12/96 the staff mailed the petitioners and the licensee an advance copy cf the 4/8/96 meeting transcript. On 4/24/96 the staff mailed thi petitioners the official transcript.
On 6/7/96 the staff issued a status update letter to the petitioners. The update letter included a 5/21/96 report on the NRC's survey of refue3ng practices and a 5/17/96 letter from NU that answered an NRC question raised duritig 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 poolissues. The completion date was extended in August 1996 to 10/3146, anJ again in Octcber YJ96 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 pstitioners an NRC memorandum da;ed 7/26/96 informing the Commission of the resolution of the spent fuel stertge pool action plan issues. On 11/15/9S the staff issued a status update letter to ins petitioners which included an example of a 10 CFR 50.54(f) letter sent to a!! plants (except Millstone) requiring information that will provide the staff with added assurance that plants are operated a, .1 maintained in accordancs with their design bases and any deviations are reconciled in a timely mar.nv.
On 12/26/96, the staff issued a partial Director's Decision (DD-96-23) that dddressed the technicti aspects of the petitioners' requests. The 4 Attac'nment !
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wrongdoing aspects are still under review and wiil be addressed in a-subsequent Directors Decision. On 2/21/97, the staffissued a status update letter to the petitioners wliA inclMed 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 coolingi On 4/22/97, the staff issued 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 Ol 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 reco7vened to allow them to submit additional evidence in suppo.'t 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, "Rev;ew 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.
The completion date was extended in October 1997 to 1/30/98 to allow time for additional staff review.- A status update letter was sent to the petitioner on 11/10/97.
Facility: Connecticut Yankee and Millstone Units 1.1. and 3 Petitioners: D. Katz, Citizens Awareness Network (CAN) e.nd P. Gunter, Nuclear Information and Resource Service Date of Petition: 11/25/96, as amended 12/23/96 Directors Decision To Be issued by: NRR Date Referred to Review Organization: 12/20/96 EDO Number: . GT96919 OGC Number: P-96-026 Scheduled Completion Date' 7/1/98 Last Contact with Petitioners: 1/6/98 Petition Manager:l - D. Mcdonald .
Case Attomey. R. Hoefling
- Issues / Action Requested: Petitioners request the staff to take the following actions: (1) immediately suspend or revoke Northeast Utilities' (NU's) license to omrate the Connecticut Yankee (CY) (Haddam -
Neck) and Millstone reactors due to chronic -
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mismanagement; (2) investigate the possibility that NU made -
material misrepresentations to the NRC concoming engineering calculations snd other information or actions relied upon to assure the adequacy of safety systems at CY and Millstone; (3) if an investigation determines that NU deliberately provided insufficient and/or false or misleading -
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 Jusi.co independent investigation; (4) if the reactors remain 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 anal/zed, 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 decommissioning activity to take plata until the above issues are resolved; and (7) commence an investigauon into how the staff all owed the illegal situation at NU's Connecticut reactors to exist and continue over a decade.
Current Status: The petitioners were contacted by telephone on 12/19/96 and informed a that the 2.206 process is a public process. A videotape, which was provided with the petition, ha6 been transcribed and placed in the NRC's Public Document Room and ths local public document rooms.
An acknowledgment letter was issued on 1/23/97. The staff indicated in the acknow'.edgment letter that D. Katz, Preeident of CAN, had been added to the NRC service lists for the Millstone and Haddam Neck facilities to assure that the petitioners receive NRC correspondence ;
relevant to the petition. - The staff also indicated in the acknowledgment letter that the petition, the supFA emental information, and a transcript of I the videotaps had been sent to the NRC's Office of tho inspector ,
General (IG). ,
The staff received a letter dated 1/12/97 from CAN and NIRS 6xpressing 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 staffs acknowledgment letter. The petitioner was contacted on 1/28/97 and 2/4/97 to discuss the 1/12/97 letter. It was agreed that the acknowledgment letter had addressed the concems expressed in the -
1/12/97 letter.-
The petitioners were provided a status update letter dateo 4/10/97
- indicating that the staff continues to review the petition and will 6 ' Attachment 1 t
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continue to provide status updates. Tha staff also followed up with the petitioners on the discussion of the IG's involvement by indicating that the 1G would receive all correspondence relating to the petition for its consideration, in May 1997, the r:ompletion date was extended to 7/11/97 to allow time for further staff reviaw. 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. 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 acuxdance with NRC regtdroments. The calculatioris 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 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 Directors Decision, currently scheduled for 7/1/98.
P Facility: Vermont Yankee Petitioner: J. Block on behalf of Citizens Awareness Network, Inc.
Date of Petition: 12/6/96
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Directors Decision To Be issued by: NRR
- Date Referred to Review Organization: 1/23/97 EDO Number: GT96950 OGC Number: P-96-027 1 Scheduled Completion Date: 12/31/97 Last Contact with Petitioner: 12/29/97 i Petition Manager: - C. Smith Case Attomey: R. Hoefling issues / Action Requested: Petitioner requests the staff to evaluate two memoranda -
concoming the Vermont Yankeo (W) 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 information presented by the licensee at an enforcement conference involving the W residual heat removal system minimum flow valves. The petitionar raises a concem that the corrective action taken by the licensee in opening these valves may have introduced an unreviewed safety question with regard to containment isolation. The second document is a CAN memorandum reviewing certain licensee event !
7 Attachment 1
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reports (LERs) submitted by the licensea on a variety of issues such as fire protection, tornado protection, thermal protection for piping lines, equipment operability and equipment testing.
Current Status: A partici Directors Decision (DD-97 25) was issued on 10/8/97.
DD-97-25 addressed the staff's review of the LERs which had been closed. The final Directors "scision (DD-97-26) was issued on 12/29/97. DD-97-26 addressed the three remaining LERs that had not yet been evaluated by the staff when the partial Directors Decision was issued. DD-97-26 also provided a response to a November 7, 1997 letter from the Petitioner conceming the partial Directors Decision issued on v?s/97.
Facility: Millstone and Connecticut Yanken Petitioner: E. Hadley on behalf of A. Cizek Date of Petition: 3/3/97 Directors Decision To B3 issued by: NRR Date Referred to Review Organization: 3/17/97 EDO Number: eT97140 OGC Number: P-97-004 Scheduled Completion Date: 1/30/98 Last Contact with Petitioners: 12/18/97 Petition Manager: S. Dembek Case Attomey: R. Hoefling issues / 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 violttions) that would trigger the operating license being suspended for a period of not less than 90 days and not more than 180 dsys. 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 violation:, 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 NF .; 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 million as reasonable assurance that this condition could be fulfilled.
8 Attachment 1
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- Current Status:- - An acknowledgment letter was issued on 4/8/97. The petitioner submitted letters to the staff on 4/18/97 and 7/9/97 requesting the staff -
to hold a public hering 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 -
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 dmft Directors Decision. A status update letter was sent to the petitioner on 10/15/97.
Facdity. 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 .,
000 Number: P 97-003 Scheduled Corapletion Date: 3/31/98- ,
- Last Contact with Petitioners: 12/18/97 Petition Manager: M. Fairtile Case Attemey: M. Rafky
- Issues / Action Requested: Petitioners request (1) that the NRC commence enforcement action a9ainst Connecticut Yankee (CY) (Haddam Neck) by means of a large civil penalty to assuro comp l lance with safety-based radiological control routines, (2) modification of CY's license to prohibit any decoinmissioning activity, which
- would include dismantling or decontamination, until CY manages to conduct routine mrintenance 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 extended to 8/8/97 to allow time for additional staff review. The petitioner was contacted by telephone en 7/9/97 and informed of the status oide petition. The scheduled' o completion date was extended in July 1997 to 8/22/97. ' A partial Director's Decision (00-97-19) _was issued on 9/3/97.- DD-97-19 denied requests (2) and (3) above. Request (1) regarding enforcement action has been deferred and will be the subject of a final Director's Decision, currently scheduled for 3/31/98. In a public meeting on
- 1
- 10/27/97, which the petitioner attended, the staff stated that it was 9 Attachment 1 v
pursuing enforcement action regarding the remaining open item in the petition. See Attachment 3 for further details.
Facility: San OnofreJuclear Ger.aratina StatlDD Petitioner S. Dwyer Date of Petition: 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 Attorney: H. McGurren issues / Action Requested: Petitioner believes that San Onofre will not be able to 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 icentified in Unit 3.
Further, petitioner requests that a general seismic evaluation upgrade should be done for the San Onofre steam generators and a retrofitting upgrade of the steam qenerator supports could be done at the same time.
Curent 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 licenseo submitted information regarding the petitioner's concems in a letter dated 10/17/97, in response to the staff's request. As a result, the completion date has been extended to 1/27/98.
10 Attachment 1 l
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Facility: San Onofre Nualear Generating Station
- Petitioner: P Borchmann:
Date of Petition: 6/23/97,6/28/97, and 7/11/97, as supplemented 10/21/97 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 Completion Date: 1/15/98 Last Contact with Petitioner: 12/30/97 Petition Manager: B. Westreich Case Attomey: H. McGurren issues / Action Requested: Demands that the NRC extand 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 Oianga 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 ma+srials 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 ao 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 ta,ws 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 Edisca are more interested in profit than safety; and (12)-
questions regarding SONGS increase in liability insurance.
. Current Status: The petitioner was contacted by telephone on 12/23/97 - te discuss ihe status of the petition. An acknowledgment letter to de original three letters which denied the petitioners request for immediate action was issued on 9/22/97. Tie petitioner sent a response dated 10/21/97 to
' the 9/22/97 acknowledgment letter. An acknowledgment le".or to the 10/21/97 is being developed. Reviews associated with the EP plan
- issues are being coordinated with FEMA and contacts related to
. contractor reviews of these issues are being put in place, di 11 Attachment 1
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i Facility: Northern States Power Company Petitioner: G. Crocker, Prairie Island Coalition Date of Petition: 8/26/97 Director's Decision To Be issued by: NRR Date Referred to Review Organization: 9/2/97 EDO Number: GT97632 OGC Number: P-97-012 Scheduled Completion Date: 1/30/98 Last Contact with Petitioner: 12/29/97 Petition Manager: W. Reckley Case Attorney: L. Clark issues / Action Requested: Petitioner requests the staff to: (1) suspend Northern States Power Company's (NSP) Materials License No. SNM-2506 for cause under 10 CFR 50.100 until all material issues regarding the maintenance, unloading, and decommissioning processes and procedures, as described in this petition and a previous petition submitted by the Prairie Island Indian 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 maintenance and unloading procedure; (2) determine that NSP violated 10 CFR 72.122(f) t y using a cask design that requires periciic seal maintenance and emergency seal replacement that must be performed in the plant storage pool; (3) determine that NSP violated 10 CFR 72.122(h) by us!ag a cask that must be placed into the pool for necessary maintre ance and/or stoading procedures, while such placement will premuurely degrade the fuel and pose operational safety problems with respect to its ultimate and necessa y removal 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 TN-40 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 materialinformation regarding maintenance and unloading of TN-40 casks in their ISFSI application and in subsequent 12 Attachment 1
I submissions regarding cask maintenance and unloading issues; (7) determine that NSP violated 10 CFR 72.12 by deliberately and knowingly submitting incomplete and inaccurate material information regarding maintenance and unloading of TN 40 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 e.ask ioaded in violation of NRC regulations; (9) administer such other sanctions for the above violations of NRC regulations as the NRC deems necessary and appropriate; (10) provide petitioner the opportunity to participate in a public review of maintenance, unloading, and 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 TN-40 casks; and (12) review NSP's orocesses and procedures for maintenance, enloading, and decommissioning, and if NSP 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 them.al shock and corrosion inherent in dry cask storage and usage and to define the parameters of degradation acceptable under 10 CFR 72122(h); (2) define the parameters of retnevability 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 ISFSt.
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 petitioner that the staff would process the last ttlee 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. Reference documents used oy the staff in its review of the petition were provided to the petitioner in a letter dated 12/29/97.
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Facility: DnDald C. Cook. Units 1 and 2 Petitioner: D. Lochbaum, Union of Concemed Scientists Date of Petition: 10/9/97 Directors Decision To Be issued by: NRR Date Referred to Rev;ew Organization: 10/15/97 EDO Number: GT97724 OGC Number: P-97-013 Scheduled Ccmpletion Date: 1/30/98 Last Contact with Petithner: 11/10/97 Petition Manager: J. Hickman Case Attomey: R. Hoefling lasues/ Action Requested: Petitioner requests that the operating licenses for Dor.ald C.
Cook Units 1 and 2 be modified, revoked, or suspended until there is reasonable assurance that their systems are M conformance with design and licensing bases requirements.
The petitioner 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: T5e acknowledgment letter was issued on December 9,1997. The petitioner was contacted by telephone on 12/19/97 and 1/5/98 to discuss the status of the petition. The petitioner sent in a letter on 1/6/97 objecting to the use of the MD 8.11 criteria to determir e if a public hearing would be held without first asking him li 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 f scheduled for 1/12/98 to allow the petitioner to cresent his concems.
Facility: Seabrook Petitioner: J. Doughty, Tne Seacoast Anti-Pollution League f Date of Petition: 12/18/97 Directors Decision To Be issued by: NRR Date Referred to Review Organization: 12/19/97 EDO Number: G970873 3 OGC Number: P-97-015 Scheduled Completion Date: ti/15/98
' Last Contact with Petitioner: 12/20/97
- Petition Manager: C. Smith Case Attomey: C. Holzle 14 Attachment 1
Issues / Action Requested: Petitioner requests that the operating licenses for Seabrook be suspended, until such time that the following occurs: (1) a thorough root cause analysis of the leaks that developed in
- B' train of RHR piping, (2) a review of the documentati:n associated with welds in the area of the leakage, including inspection reports, (3) a review of the piping qualification, and (4) a review of the procedures for assuring future piping .
quality.
h Petitioner requests a determination of the implications of this incident for all plant systems before the plant is allowcd to restart.
Current Status: The Petition Review Board met on 1/7/97 and aporoved a resolut:on plan and schedule. The acknowledgment letter willinclude a denial of the Petitioner's request to delay the plant start-up.
END OF STATUS REPORT
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Decisions Pending Before the Commission and the Courts Facility: Eermont Yankee Petitic.ier; J. Block on behalf of Citizens Awareness Network, Inc.
Date of Pe'~lon: 12/6/96 Date of F.. I Director's Decision: 12/29/97 Deadline for
\ Commission Action: 2/2/98 The final Director's Decision (DD 97-26) was issued on 12/29/97. DD-97 26 addressed the three remaining LERs that had not yet been evaluated by the staff when the partial Director's Decision (DD-97-25) was issued. DD-97-26 also provided a response to a November 7,1997, i
letter from the Petitioner conceming the partial Director's Decision issued on 10/8/97.
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