ML20199F149
| ML20199F149 | |
| Person / Time | |
|---|---|
| Issue date: | 11/19/1997 |
| From: | Zimmerman R NRC (Affiliation Not Assigned) |
| To: | Callan L NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML20013D107 | List: |
| References | |
| 2.206, NUDOCS 9711240123 | |
| Download: ML20199F149 (17) | |
Text
_ _ _ _ _ _ _ _ - _ _
l November 19, 1997 i
MEMORANDUM TO: L. Joseph Callan Executive Director for Operations FROM: Roy P. Zimmerman Odgind d900d DY Associate Director for Projects Office of Nuclear Reactor Regulation
SUBJECT:
OCTOBER 1997 REPORT ON THE STATUS OF PUBLIC PETITIONS UNDER 10 CFR 2.206 The attached monthly report reflects the statur, of 10 CFR 2.206 petitions as of the end of October 1997. This report may not reflect changes in status that have occurred since petition managers submitted data on the October status. Attachment 1 gives the status of petitions before the Offices of Nuclear Material Safety and Safeguards and Nuclear Reactor Regulation.
' Attachment 2 lists decistor s before the Commission and the courts. Attachment 3 lists other senoitive 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 pettlioners.
L
- To enhance staff responsiveness to the public, those parts of the monthly repori not of a sensitive nature will be placed 1i the Public Document Room and on the NRC Home page, making them readily accessibis 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 ec w/atts! H. L. Thompson, EDO R. L. Bangart, OSP A. C. Thadani, EDO G. P. Caputo, Ol h G ,$
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 l
< l' J. Lieberman, OE OCA E. Julian, SECY OPA y' g (,, ., f Cb , g ( rn 646 CONTACT: Janet Kene,eJy, NRR pp,; X 6 Y- ( 8 D 415-3267 (Syg y /,Q
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oisiews Central Files M. Mattia/NMSS P.Lohaus P. Anderson /EDO W. Travers PUBLIC wlatt 1 & 2 only (Att 3 is "NOT FOR MTERNAL DISTRIBUTION") B. Boger B. McCabe E. Adensam (e) F. Cameron /OGC G. Deegan/NMSS T, Essig R. Zimmerman M. Thadani C. Jamerson (e) 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' a Nocopy DOCUMENT NAME: G:\NOV97RPT.WP &1 1lll1 OFFICE PM.PD41 l E LA:PD31 1E NMSS:RMB lE A'DPR:NRR E NAME- J.Kennedyl C. Hawesdj M. Mattia R.P. Zimmyman DATE 11/13/97 11//7/97 / 11/12/97(e) 11/r;f97 l4 L Anwt nMlp OFFICIAL RECORD COPY (e) e-mail concurrence Je 47 #N/b ppgn g PDR oJ G', \ou\\+ %'g ] .
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%,,*****/[ Noveinber 19, 1997 l
MEMORANDUM TO: L. Joseph Callan Executive Director for Operations FROM: Roy P. Zimmerman Associate Director f f EMU c.is-Office of Nuclear R r' lation SJBJECT: OCTOBE' 1997 REPORT ON T'HE STATUS OF PUBLIC FETITIONJ UNDER 10 CFR 2.206 The attached monthly report reflects the status of 10 CFR 2.206 petitions as of the end of October 1997. This report may not reflect changes in status that have occurred since petition managers submitted data on the Octooer statua. Attachment i 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. 1 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 NRC Home page, making them readily accessible to the public.
Attachments: 1. Report on Status of Public Petitions Under 10 CFR 2.206
- 2. Decislans 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, F.DO 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. Paoeriello, NMSS W. F, Kane. NMSS Regional Administrators J. Lieberman, OE OCA E. Julian, SECY OPA CONTACT: Janet Kennedy, NRR d '. 5-3267
Report on Status of Public Petitions Under 10 CFR 2.206 October 1997 Contents
- Fage Facility Petitioner /EDO No. No.
Advanced Medical Systems, Inc. Northeast Ohio Regional Sewer District /10395 1 Millstone Galatis et al>603 2,15 Connecticut Yankee and Millstone Katz, Citizens Awareness Network /GT96919 4 Vermont Yankee Block, Citizent Awareness Network /GT96950 6,14 '
Millstone and Connecticut Yankee Hadley/GT97140 7 Connecticut Yankee Bassilakis, Citizens Awareness Network /GT97181 8,15 San Onofre Nuclear Generating Station Dwyer/GT97339 9 San Onofre Nuc' ear Generating Station Borchmann/GT97494 10 Northern States Power Company Crocker, Prairie Island Coalition /GT97632 11 D.C. Cook, Units 1 and 2 Lochbaum/GT97724 12
' Includes Attachments 2 and 3.
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Attachment 1 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): 10/21/97 Petition Manager: J. DeCicco Case Attorney: R. Weisman issues / Action Requested: Amend AMS license to install, maintain, and operate alarms on all drains from London Road facility.
Current Status: An acknowledgmer.t 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 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 secause 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 now 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 13tter 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.
The petitioner was contseted by telephone on 4/11/97,6/19/97, -
8/19/97, and 10/21/97 and informed of the status of the petition. A
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l decision was made by the staff to defer the Director's Decision until completion of the license renewal application review and hearing i process, currently scheduled to be completed by April 1998. l l
r Facility: Billistans Petitioners: G. Galatis, and E. Hadley on behalf of We the People, Inc. !
Date of Petition: 8/21/95, eupplemented 8/28/95 Director's Decision To Be issued by: NRR }
Date Referred to Review Organization: 8/30/95 l 603 EDO Number: _l OGC Number: P-95-015 !
Scheduled Completion Date: 1/30/98 l Last Contact with Petitioner (s): 11/10/97 :
Petition Manager: S. Dombok l Case Attorney: R. Hoefling 1 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 i statements. Petitioners seek institution of a proceeding to -
suspend the operating license for Millstone Unit 1 for 60 days l 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 facility is in full :
compliance with the terms and conditions of its license; . -
before reinstatement of the license, s detailed independent analysis of the offsite dose consequences of totalloss of apont fuel pool water be conducted; that enforcement action l be taken against NU pursuant to 10 CFR 50.5 and 50.9;_ that ,
actions be taken regarding a proposed license amendment pending before the Commission wherein NU_ seeks to-increase the amount of spent fuel it may offload and that tht, 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 concerns. : These :
7 concerns are that NU also committed violations by offloading more than one-third of a core of fuel at Millstone Units 2 and ,
L 3 and Seabrook Unit 1. In addition, with regard to Millstone
- Unit 3, Mr. Galatis is concemed that NU submitted a material I
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false statement to the NRC associated with a license amendment and thot an unanalyzed condition exists with regard to system piping for full-core offload events With regard to Seabrook Unit 1 Mr. Galatis is concerned about technical specification violations associated with a criticality analysis. Finally, the petitioners mr.ke 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 contactsd the petitioner to inform him that issuance of the acknowledgment letter had been delayed because of ongoing investigations by the CYice of Investigations (01) and the Inspector General (IG) as well as independent NRC reviews. The staff also informed tna pst!!%ner that if he wanted to intervene in the Millstone Unit 1 spent fuel pool amendment, he had until 9/29/95 to do so. The acknowledgment letter was issued on 10/26/95.
The staff completed its review of the licensee's amendment request and on 11/9/95 issued the amendment and safety evaluation. The staff reviewed the IG and Ol reports to determine if future inspections at Millstone were needed. A spent fuel poolinspection was conducted at Millstone in March 1996 to review the 10 CFR 2.200 concerns as well as other spent fuel poolissues. The scheduled completion date was Lxtended in February 1996 to 7/30/93 because of technicalissues 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 Foderal 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 raised in the petition. However, the staff did not identify any significant new safety issues requiring further staff action. On 4/12/96 the staff mailed the petitioners and the licensee an advance copy of the 4/8/96 meeting transcript. On 4/24/96 the staff mailed the petitioners the official transcript.
On 6/7/96 the staff issued a status update letter to the petitioners. The update letter included a 5/21/96 report on the NRC's sursey 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 poolissues. The completion date was extended in August 3
1996 to 10/31/96, and again in October 1990 to 5/31/97 to allow for additional staff review. On 9/19/96 the staffissued a status updato letter to the petitioners and sent the petitioners an NRC memorandum dated 7/26/96 informing the Commission of the resolution of the spent fuel storage pool action plan issues. On 11/15/96 the staff issued a status update letter to the petitioners which included an example of a 10 CFR 50.54(f) letter sent to all plants (except Millstone) requiring information that will provide the staff with added assurance that plants are operated and maintained in accordance with their design bases and any deviations are reconciled in a timely manner.
On 12/26/90, the staff issued a partial Directors Decision (DD 96 23) that addressed the technical aspects of the petitioners' requests. The wrongdoing aspects are still under review and will be addressed in a subsequent Directors Decision. On 2/21/97, the staff issued a status #
update letter to the petitioners which inchded 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 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 cornpletion 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 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 2.200 Petitions," regarding informal public hearings were met. The staff requested that the petitioners send the additior'ai 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. See Attachment 3 for further informatinn.
Facility: Cannecticut Yanken_and_Mlllitont. Units 1. 2. andl Petitioners: D. Katz, Citizens Awareness Network and P. Gunter, Nuclear Information and Resource Service Date of Petition: 11/25/96, as amended 12/23/96 4
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1 Director's Decision To Be lasued 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: 9/12/97 Petition Manager: D. Mcdonald Case Attomey: R. Hoefling lasues/ Action Requested: Petitioners request the staff to take the following actions: (1) immediately suspend or revoke Northeast Utilities' (NU) 2
!icense to operate the Connecticut Yankee (CY) and Mil! stone reactors due to chronic mismanagement; (2) investigate the possibility that NU made material misrepresentations to the NRC conceming engineering calculations and other information or actions relied upon to assure the adequacy of safety systems at CY and Millstone; (3)if an 1:. .tstigation determines that NU deliberately provided insufficient and/or false or misleading information to the NRC, revoke NU's operating licenses for CY and Millstone, or, if not, keep the reactors off-line pending a Department of Justice independent investigation; (4) if the reactors remain operating, petitioners request that they rema!n on the NRC's " watch list"; (5) keep CY and Millstone off line until NU's chronic mismanagement has been analyzed, remedial menagement programs put into effect and the NRC has evaluated and approved the effectiveness of NU's actions; (6)la the event NU decides to decommission any or all of the reactors at issue, petitioners request the NRC not to permit any dccommissioning activity to take place until the above issues are resolved; and (7) commence an investigation into how the staff allowed the illegal sliuation at NU's Connecticut reactors to exist and continue over a decade.
Current Status: The petitionerst were contacted by telephone on 12/19/96 and informed '
that the 2.200 process is a public process. The videotape which was pmvided with the petition has been transcribed and placed in the NRC's PuNic Document Room and the local public document rooms.
An acknowledgment letter was issued on 1/23/97. The staff indicated in the acknowledgment letter that D. Katz, President of CAN had been sd(led to the NRC service lists for the Millstone and Haddam Neck fac lities to assure that the petitioners receive NRC correspondence relovant to the petition. The staff also indicated in the acknowledgment letter that the petition, the supplemental information, and a transcript of 5
the videotape bad been sent to the NRC's Office of tl.e Inspector General (lG).
The staff received a letter dated 1/12/97 from CAN and NIRS expressing (,,oncern 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 coritected on 1/28/97 and 2/4/97 to discuss the 1/12/97 letter. It was agreed that the acknowledgment letter had addressed the concerns expressed in the 1/12/97 letter.
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 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 Heddam 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 un event resulting in a nitrogen bubble in the reactor vessel at the Haddam Neck plant. The petitioners essert that the calculations had not been performed in accordance with NRC requirements. The calculations had been performed to determine the level raf 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 partini Directors Decision (DD 97-
- 21) was issued to the petitioners on 9/12/97. DD 97-21 partially granted some of the petitioner's requests. Request (3) above was partially deferred for the Millstone plants and will be addressed in a subsequent final Directors Decision, currently scheduled for 7/1/98.
Facility: VeHDont Yankee Petitioner: J. Block on behalf of Citizens Awareness Network, Inc.
Date of Petition: 12/6/96 Directors Decision To De issued by: NRR Date Referred to Review Organization: 1/23/97 EDO Number: GT96950 OGC Number: P 96-027 Scheduled Completion Date: 12/31/97 Last Contact with Petitioner: 10/8/97 Petition Manager: C. Smith 6
l i
Case Attomey! R. Hoefling ;
lasues/ Action Requested: Petitioners request 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 '
Citizens Awareness Network (CAN) memorandum reviewing information presented by the licensee at an enforcement :
conference involving the W residual heat removal (RHR) system minimum flow valves. The petitioner raises a conoom that the corrective action taken by the licensee in opening these valves may have introduced an unroviewed .
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 protection, thermal protection for piping lines, equipment operability and 3 equipment testing. :
Corrent 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 extended in June 1997 to 8/12/97, and again in July 1997 to 9/30/97 to allow time for addificnal staff review of the draft Directors Decision. A status update letter was serit to the petitioner on 7/29/97.
A partial 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.
A final Directors Decision will be issued following review of the LERs ,
that remain open at this time, Facility: Millatene and Connecticut Yankee Petitioner: E. Hadley on behalf of A. Cizek Date of Petition: 3/3/97 Directors Decision To Be lasued by: NRR Date Referred to Review Organization: 3/17/97 EDO Number: -GT97140 OGC Number: P-97-004 i Scheduled Completion Date: 1/30/98 Last Contact with Petitioners: 10/15/97 L, 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 each be modified to 7 ,
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i 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 altomate licensee to operate the facility during any suspension or revocation and would require the licensee to post a bono in ine amount of
$500,000,000 as reasonable assurance that this condition could os 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 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 Yanken 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: 9/3/97 Petition Manager: M. Fairtile Case Attorney: 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 8
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 (Haddern Neck) on the NRC's " watch list."
CurroM Status: An acknowled9 ment letter was asued on 4/3/97. In May 1997 the scheduled corrpletion date was .>xtended to 8/8/07 to allow time for additional staff review. The potP. loner 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 denied requests (2) and (3) above. Request (1) regarding enforcement action has been deferred and will be the subject of a final Directors Decision, currently scheduled for 3/31/98c See Attachment 3 for further details. -
Facility: San Onofre Nuclear Generating St.ation 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: 9/4/97 Petition Manager: M. Fields Case Attomey; H. McGurren issues / Action Ruquested: 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 generatcr intomat 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 retrofP. ting 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 (SONGS). The licensee submitted information regarding the petitioner's concems in a letter dated 10/17/97, in 9
response to the staffs request. As a result, the completion date has ;
been extended to 1/27/98.
Facility: San Onofre Nuclear Generating Station Petitioner: P. Borchmann Date of Petition: 6/23/97, as supplemented 10/21/97 .
I Director's Decision To Be issued by: NRR Date Referred to Review Organization: 7/3/97 EDO Number: GT97494 OGC Number: P 97-011 l Scheduled Completion Date: 1/15/98 Last Contact with Petitioner: 9/22/97 '
Pet 4 ion Manager: B. Westreich Case Attorney: 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 piens for both San Diego and Orange County; (2) l 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 wate: proof 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 er 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 spe nt fuel from SONGS; (11) SONGS and Southem Califomin Ediaon are more interested in profit than safety; and (1:!)
questions regarding SONGS increase in liability insurarce.
Current Status: The petition manager contacted the petitioner by telephone on 7/15/97 to discuss the status of the petition. An acknowledgment letter was
- issued on 9/22/97.
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Facility: Northern States Power Campany Petdioner: G. Crocker, Prairie Island Coalition Date of Petition: 8/26/97 Director's Docisbn 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: 10/2/97
' Petition Manager: W. Reckley Case Attomey: L. Clark issues /Act!on Requested: Petitioner requests the staff to: (1) suspend Northem States -
Power Company's (NSP) Materials License No. SNM 2506 for cause under 10 CFR 50.100 until all matori al 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 ano 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) by using a cask design that requires periodic 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 using a cask that must be pieced into the pool for necessary maintenance and/or unloading procedures, while such pisoement will prematurely degrade the fuel and pose '
operational safety problems with respect to its ultimate and necessary 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 material information regarding maintenance and unloading of TN-40 casks in their ISFSI application and in subsequent submissions regarding cask maintenance and unloading issues; (7) determine that NSP violated 10 CFR 72.12 by 11
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. deliberately and knowlingly submitting incomplete and li
' inaccurate matenal information regarding maintenance and .
,. unloading of TN-40 casks in their ISFSI application and in l subsequent submissions regarding cask maintenance and - !
unloading issues; (8) require NSP to pay a substantial _
penalty for each cask loaded !n violation of NRC regulations; i (9) administer such other sanctions for the above violations i 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 i
.an oppor1 unity to comment on draft findings after investigation by the NRC; (ii) order modification of NSP's technical specifications to ensure a demonstrated ability to i safely maintain, unload, and decommission TN-40 casks; = l and (12) review N3P's processes and procedures for maintenance, unloading, and decommissioning, and if NSP .
does not possess capabi0tv to unload casks, order NSP to ;
bu'Id a " hot shop" for air unloading of casks and tiansfer 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 d3 gradation acceptable under 10 CFR 72.122(h); (2) define the parameters of retrievability iequired under 10 CFR 72.122(l); and (3) amend current licenses and .:
rules for prospective licensing proceedings to require l demonstration of a safe cask unloading ability before a cask i may be used at an ISFSI, Current Status: The petitioner was informed during a telephone conversation on g/8/g7 .
that the 2.206 process is a public process. An acknowledgment letter was issued on 10/2/g7 Tne acknowledgment letter informed the petitioner that the staff would process the last three requests in the ,
petition in accordance_with 10 CFR 2.802, " Petition for Rulemaking."
Facility: Donald C. Cook. Unita 1 and 2 Petitioner: D. Lochbaum, Union of Concemoed Scientists .
Date of Petition: 1C/g/g7 ,
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Director's Decision To Be issued by: NRR Date Referred to Review Organization: 10/15/97 EDO Number: GT97724 ;
OGC Number: P 97-0* 3 Scheduled Completion Date: 1/30/98 Last Contact with Petitioner: 11/10/97
, Petition Manager: J. Hickman <
Case At'orney: 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 petitioner also requests that a public hearing into this tratter be held in the Washington, D.C. area prior to the first unit at D.C. Conk being authorized to restari so that the petitioner can present information supporting the contentions in this petition.
Current Status: The petitioner was contacted by telephono on 11/10/97 and informed of the status of the petition. A draft acknowledgment letter is being reviewed by the stsff.
END OF STATUS REPORT 13
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t Attachment 2 Decisions Pending 9efore the Commission and the Coutts Petitioner: Block on behalf of Citizens Awareness Network, Inc.
Facility /EDO NO,: Vermont Yankee /GT96950 Decision No/(Date): DD 97 25 (10/8/97)(Partial)
Comments: Granted in part. Denied in part.
END OF DECISIONS PENDING b
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