ML20207M764
| ML20207M764 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee, Haddam Neck, Cook File:Connecticut Yankee Atomic Power Co icon.png |
| Issue date: | 03/16/1999 |
| From: | Zwolinski J NRC (Affiliation Not Assigned) |
| To: | Travers W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML20137B058 | List: |
| References | |
| 2.206, DD-99-01, DD-99-02, DD-99-03, DD-99-04, DD-99-1, DD-99-2, DD-99-3, DD-99-4, NUDOCS 9903190180 | |
| Download: ML20207M764 (18) | |
Text
r March 16, 1999 MEMORANDUM TO: Willi:m D. Trav:rs Ex:;cutiv Direct:r for Operati::ns 1
FROM: John A. Zwolinski, Director / Original signed by:
Division of Licensing Project Management ,
Office of Nuclear Reactor Regulation '
SUBJECT:
FEBRUARY 1999 REPORT ON THE STATUS OF PUBLIC PETITIONS UNDER 10 CFR 2.206 l l
The attached monthly report gives the status of 10 CFR 2.206 petitions as of February 28,1999. During l February, Director's Decisions (DD-99-01) on Haddam Neck (G980568), Director's Decision (DD-99-02)
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on Atlas Corporation (G19980547), Director's Decision (DD-99-03) on D.C. Cook (GT97724) and !
Director's Decision (DD-99-04) on Vermont Yankee (G980233) became final agency actions and were closed. Thus there are 4 active NRR and 3 active NMSS petitions.
I Attachments 1,2,3, and 4 provide the status of petitions for the Offices of Nuclear Material Safety and Safeguards and Nuclear Reactor Regulation. Attachment 1 lists petitions with status change from the previous update including new additions to the list of petitions, Attachment 2 lists petitions with no status change from the previous update, and Attachment 3 gives the status of petitions that are in a confidential status and for internal distribution only. Attachment 4 lists the Director's Decisions / Petitions that have been closed during the current year. )
l Attachment 5 shows the age and staff hours expended on open 2.206 petitions as of February 28, 1999. This table reflects input from the Office of Nuclear Reactor Regulation (NRR), Office of Nuclear Material Safety and Safeguards (NMSS), and the Office of the General Counsel (OGC). Attachment 6 provides a summary of the status of 2.206 petitions exceeding the 120-day scheduled completion goal.
Attachment 7 shows the statistics for the 2.206 petitions processed during 1999.
Those parts of the monthly report not of a sensitive nature and recently issued Director's Decisions are placed in the Public Document Room and on the NRC's external home page, rnaking them readily accessible to the public. The URL address is htto://www.ntc.cov/NRC/PUBLIC/2206/index.html.
Attachments: As stated [9j31 9 0 PDR cc w/atts: F. Miraglia, DEDR/OEDO P. Lohaus, OSP E. Julian, SECY M. Knapp, DEDO /OEDO J. Lieberman, OE G. Caputo, 01 /
P. Norry, DEDM/OEDO J. Cordes, Jr., OCAA OCA J. Blaha, AO/EDO J. Goldberg, OGC OPA /
- K. Cyr, OGC L. Chandler, OGC P. Goldberg, NMSS j3 e
Q S. Collins, NRR Regional Administrators C. Paperiello, NMSS S. Moore, NMSS 3 P, , .
3
, CONTACT: Ram Subbaratnam, NRR, 415-1478 *See previous concurrence Y:\D R P E\P D2-1 \RO BIN SO N\P ETITIO N\220299.WP D DISTRIBUTION: See next page
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[ March 16, 1999 MEMORANDUM TO: William D. Travers Executive Director for Operation
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FROM: John A. Zwolinski, Director \ \ ~
Division of Licensing Project Ma\agement Office of Nuclear Reactor Regulation
SUBJECT:
FEBRUARY 1999 REPORT ON THE STATUS OF PUBLIC PETITIONS UNDER 10 CFR 2.206 The attached monthly report gives the status of 10 CFR 2.206 petitions as of February 28,1999. During February, Director's Decisions (DD-99-01) on Haddam Neck (G980568), Director's Decision (DD-99-02) on Atlas Corporation (G19980547), Director's Decision (DD-99-03) on D.C. Cook (GT97724) and Director's Decision (DD-99-04) on Vermont Yankee (G980233) became final agency actions and were closed. Thus there are 4 active NRR and 3 active NMSS petitions.
Attachments 1,2,3, and 4 provide the status of petitions for the Offices of Nuclear Material Safety and Safeguards and Nuclear Reactor Regulation. Attachment 1 lists petitions with status change from the previous update including new additions to the list of petitions, Attachment 2 lists petitions with no status change from the previous update, and Attachment 3 gives the status of petiticns that are in a confidential status and for internal distribution only. Attachment 4 lists the Director's Decisions / Petitions that have been closed during the current year.
Attachment 5 shows the age and staff hours expended on open 2.206 petitions as of February 28, 1999. This table reflects input from the Office of Nuclear Reactor Regulation (NRR), Office of Nuclear Material Safety and Safeguards (NMSS), and the Office of the General Counsel (OGC). Attachment 6 provides a summary of the status of 2.206 petitions exceeding the 120-day scheduled completion goal.
Attachment 7 shows the statistics for the 2.206 petitions processed during 1999. l Those parts of the moathly report not of a sensitive nature and recently issued Director's Decisions are placed in the Public Document Room and on the NRC's external home page, making thern readily j
accessible to the public. The URL address is http://www.nrc. gov /NRC/PUBLIC/2206/index.html. i i
Attachments: As stated l l
cc w/atts: F. Mirail lia, DEDR/OEDO P. Lohaus, OSP E. Julian, SECY l
M. Knapp, DEDO /OEDO J. Lieberman, OE G. Caputo, 01 P. Norry, DEDM/OEDO J. Cordes, Jr., OCAA OCA J. Blaha, AO/EDO J. Goldberg, OGC OPA K. Cyr, OGC L. Chandler, OGC P. Goldberg, NMSS S. Collins, NRR C. Paperiello, NMSS S. Moore, NMSS Regional Administrators I
CONTACT: Ram Subbaratnam, NRR 415-1478 1
1
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I M:morandum dated: March 16, 1999 Distribution:
ICentrat Files?
B. McCabe,0CM PDil-2 r/f l B. Sheron,NRR l E. Baker,OD R. Subbaratnam,NRR F. Davis, OGC P. Anderson,OEDO l F. Cameron,0GC l E. Dunnington,NRR B. Boger,NRR M. Stein, OE G. Tracy,EDO P. Lohaus,OSP i E. Adensam,NRR J. Zwolinski,NRR H. Berkow,NRR T. Essig,NRR G. Edison, NRR PUBLIC w/att 1, 2,4, 5 & 6 only (Att 3 is "NOT FOR EXTERNAL DISTRIBUTION")
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. , , , . r
,...J
s , Report on Status of Public Petitions Under 10 CFR 2.206 with Status Change from Previous Update February 28,1999 (Table of Contents)
Attachnlent 1 .
t Page Facility Petitioner /EDO No.
i-Na Diablo Canyon, Units 1 & 2 UCS/G19980707 , .. . . . . . . .2 Atlas Corporation Dagget, et al.(G19990011)... . . . . . . .3 j
Browns Ferry 1 Lochbaum/G980199.. . . . . ...............4 Envirocare of Utah, Inc. ' Natural Resources Defense Council.. .5 Army Corps of Engineers NRDC/G 19980622/T.Cochran.............. 6 River Bend Union of Concerned Scientists (UCS)! .
G 9 8 0 5 9 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Perry Nuclear Station, Unit 1 Union of Concerned Scientists (UCS)/G19980678............... 8 ,
Attachment 1 !
Report on Status of Public Petitions Under 10CFR 2.206 with Status Change from Previous Update Facility: Diablo Canyon Units 1 and 2 Petitioner: D. Lochbaum Date of Petition: 11/24/98 Director's Decision To Be issued by: NRR Date Referred to Review Organization: 11/30/98 EDO Number: G19980707 CGC Number: P-98-017 Scheduled Completion Date: 4/30/99 Last Contact with Petitioner: 12/23/98 Petition Manager: S. Bloom Case Attorney: S. Chidakel Issues / Action Requested:
The petition requests that the ope. Ping hcenses for Diablo Canyon Units 1 and 2 be modified tu require that the plant's owners have an independent contractor evaluate the facility's safety culture. Additionally, the Union of Concerned Scientists (UCS) requested an informal hearing be held near Diablo Canyon to examine the concerns raised by the !
petition.
I As the basis for the request, the petition states that the recent revoking of the security access authorization for an operator at the plant may have a " chilling effect" with others at the plant and could lead to obvious negative safety implications. The petitioner is concerned about the clear indications that the safety culture at Diablo Canyon is not !
conducive to employee's raising safety concerns without fear of retaliation.
Background:
A Petition Review Board meeting was held on 12/7/98. The acknowledgment letter and Federal Reoister notice were issued on December 30,1998. A public meeting was he'd as scheduled on January 15,1999, wlth PG&E and its contractor to discuss the results of its seiety-conscious survey with NRC. This was followed by a public comment period.
Synergy presented both pos:...e and negative findings and PG&E stated that it would be following up on the recommendations from the report to correct the negative comments from the survey.
Curreat Status:
The Director's Decision (DD-99-05) on the petition was issued on March 12,1999. The decision will become a i al agency action after the Commission's 25-day review period.
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i 2 I
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. l Facility: ATLAS CORPORATION -
Petitioner: Earth Justice Legal Defense Fund Date of Petition: 1/11/99 Director's Decision To Be issued by: NMSS Date Referred to Review Organization: 1/12/98 EDO Number: G19990011 l OGC Number: P-99-02 '
Scheduled Completion Date: 5-26-99 Last Contact with Petitioner: 2-10-99 Petition Manager: Myron Fliegel ;
Case Attorney: J. McGurren Issues / Action Requested:
5 Petitioners request NRC to take six immediate actions to halt impacts to and to ensure the
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conservation of the endangered species of fish in the Colorado River near the Atlas site.
i
Background:
[
On August 2,1988, Atlas submitted an application for a license amendment to revise its site reclamation p!an for uranium mill tailings at its no longer operating site near Moab, ;
Utah. On March 30,1994, notice of intent to prepare an Environmental Impact Statement l was published in the Federal Reaister. In January 1996, the Draft EnvironmentalImpact l Statement was published for public comment. On July 29,1998, the U.S. Fish and {
Wildlife Service, in accordance with Section 7 of the Endangered Species Act (ESA), issued a final biological opinion for impacts to Federally listed endangered species from the ,
reclamation of the Atlas mill tailings site. On October 12,1998, and November 13,1998, I petitioners notified NRC of their intent to sue under the ESA. On December 16,1998, !
petitioners filed a Motion for Preliminary injunction against NRC in the U.S. District Court, ;
District of Utah. A Petiticn Review Board meeting was held on January 26,1999, and the -
petitioner's requests for immediate action were denied by a letter of that date. In the letter, it was noted that none of the six items identified in the petition addresses a health, .
safety, or environmental concern that requires emergency steps before a complete review )
as provided for in 10 CFR 2.206. l Current Status:
An acknowledgment letter was published in the Federal Reaister on February 12,1999,
. with a pre-publication copy sent to the petitioner on February 10,1999.
3 i
Facility: Browns Ferry Nuclear Plant Unit 1 Petitioner: D.Lochbaum Date of Petition: 4/5/98 Director's Decision To Be issued by: NRR Date Referred to Review Organization: 4/6/98 EDO Number: G980199 OGC Number: P-98-007 Scheduled Completion Date: 3/9/99 Last Contact with Petitioner: 10/26/98 Petition Manager: A. DeAgazio Case Attorney: R. Hoefling issues / Action Requested:
The petitioner asked for an informal hearing requesting that (1) the operating license for Browns Ferry, Unit 1, be revoked and (2) the NRC should require the Tennessee Valley Authority (TVA) to submit either a decommissioning plan or lay-up plan for Browns Ferry, Unit 1. As the basis for the Union of Concerned Scientists (UCS) request, the petitioner asserts that because Browns Ferry, Unit 1, has been on " administrative hold" since June 1, 1985, and has not been operating since then, revocation of the operating license and requiring relicensing, if TVA later decides to restart Unit 1, is a better, safer process than is the currc at inspection Manual Chapter 0350 restart process. Further, the petitioner asserts that requiring a decommissioning plan would provide assurance that the irradiated fuel is stored safely and that Un:ts 2 and 3 are sufficiently independent of Unit 1 for safe operation.
Background:
This petition was received on April 5,1998. The 2.206 Petition Review Board convened in mid-April 1998, and endorsed a proposed course of action. The acknowledgment letter was issued April ?9,1998, with a decision not to hold an informal hearing on the UCS petition. The petitioner sent in another letter dated June 5,1998, requesting the staff reconsider conducting a public hearing. The staff has determined that while the 2.206 petition alone does not meet the criteria contained in Management Directive 8.11 regarding a hearing, the staff has chosen to conduct an informal hearing near the Browns Ferry site to afford the petitioner, I;censee, and members of the public an opportunity to provide relevant information to the staff. A Federal Reaister notice (63 FR 51626) to hold an informal hearing in the Browns Ferry area was issued on September 28,1998. An informal hearing was held in the Browns Ferry area on October 26,1998. The information presented at the hearing by the petitioner and the licensee has been reviewed and will be used as appropriate to arrive at the Director's Decision.
Current Status:
Director's Decision has been completed and is currently in concurrence.
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Facility: Envirocare of Utrh. Inc.
.Pstition:r: Natural Resources Defense Council
. Date of Petition: 12/30/98 Director's Decision To Be issued by: NMSS/DWM Date Referred to Review Organization: 12/30/98 EDO Number: G19980767 OGC Number: P-99-01 Scheduled Completion Date: 6-2-99 Last Contact with Petitioner: 01/26/99 Petition Manager: Harold Lefevre Case Attorney: J. McGurren issues / Action Requested:
The petitioner requests that the NRC issue an order to show cause why Khosrow B. Semnani, former President of Envirocare, should not be prohibited from participating in any NRC-licensed activity.
Background:
The petitioner correctly points out that in the February 7,1997, denial of the Natural Resources Defense Council's (NRDC's) petition of January 8,1997, requesting revocatior of all of Envirocere's licenses, NRC indicated that no immediate action was required to protect public health and safety. NRC further recognized, and so stated in the February 7,1997, Director's Decision, that the on-going (at that time) criminal investigation centering on Mr. Semnani's alleged bribery of Mr. Larry Anderson (former Director of the Utah Division of Radiation Control) may raise potential issues of integrity, which, if proven, may raise questions as to whether the NRC should have the requisite reasonable assurance that Envirocare will comply with Commission requirements.
The Department of Justice's (Justice's) criminal investigation of Mr. Semnani resulted i.n his conviction on a single charge of misdemeanor tax fraud. Mr. Semnani has not been convicted of bribery. According to documents recently received by NRC, Mr. Semnani's agreement with Justice indicates that he was extorted by Mr. Anderson. Mr. Anderson has not been convicted of extortion. To the best of the staff's knowledge, no Justice charges have been filed against Mr.
Anderson. Additionally, a civil trial to determine whether Mr. Anderson is legally entitled to
- nonies allegedly owned him by Mr. Semnani has yet to be held.
Mr. Semnani entered into an agreement with the Department of Energy (DOE) in 1997 wherein he, in light of possible economic sanctions against Envirocare, agreed to debar himself as president of Envirocare. This DOE /Mr. Semnani agreement remains in effect although it is the staff's understanding (through newspaper accounts) that Mr. Semnani has recently approached the DOE requesting that his debarment be lifted. The PRB meeting was held on January 20, 1999.
Current Status:
An acknowledgment letter was issued on Feb. 2,1999. NRC's responses to letters received from Mr. Semnani's attorney (Jan.12,1999) and NRDC's Mr. Cochran (Jan.19,1999) are expected to be issued by mid-March,1999.
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. . . i Facility: Multiole Sites under the United States Formerly !
Utilized Sites Remedial Action Proaram (FUSRAP) ;
Petitioner: Thomas Cochran, Natural Resources Defense I Council James Sottile, IV, Caplin & Drysdale !
Christian R. Pastore, Caplin & Drysdale i Date of Petition: 10/15/98
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Director's Decision To Be issued by: OGC ,
Date Referred to Review Organization: 10/21/98 !
EDO Number: G19980622 ,
OGC Number: P-98-015 ;
Scheduled Completion Date: 2/15/99 4 Last Contact with Petitioner: 3/1/99 Petition Manager: J. Lusher i Case Attorney: H. Newsome [
Issue / Action Requested: '
i The petitioners have recuested that NRC exert authority to ensure that the Corps of
. Engineers' handling of radioactive materials in connection with the Formerly Utilized Sites i Remedial Action Program (FUSRAP) is effected in accord with a properly issued license and i all other applicable requirements. i
Background:
f I
i Until recently, FUSRAP was administered by the Department of Energy. In October of i 1997, Congress transferred funding for FUSRAP from DOE to the Corps of Engineers.
NRDC believes that the Corps should obtain an NRC license to conduct activities under :
FUSRAP. At this time, NRC has not required the Corps to obtain a license. Office of the l
General Counsel (OGC) is currently reviewing NRDC's request. An acknowledgment letter 1 was issued on November 30,1998. t I
Current Status .
s The petitioner was sent copies of the DOE and Corps responses to the petition on February 17,1999. Additionally, OGC completed the draft Director's Decision denying the Petition. The letters transmitting the Director's Decision to the petitioner and the FRN have been completed and the Director's Decision is with NMSS management for review and I approval. ;
! i 6 !
t i 1
Facility: River Bend Station Petitioner: D. Lochbaum Date of Petition: 9/25/98 Director's Decision To Be issued by: NRR Date Referred to Review Organization: 9/29/98 '
EDO Number: G980592 OGC Number: P-98-14 Scheduled Completion Date: 4/1/99 Last Contact with Petitioner: 2/22/99 Petition Manager: R. Fretz Case Attorney: R. Hoefling issues / Action Requested:
The petition requested enforcement action to require an immediate shutdown of the River _;
Bend Station (RBS) and that the f acility remain shut down until all failed fuel assemblies are removed from the reactor core. The RBS licensee, Entergy Operations, Inc., had recently filed NRC Daily Event Report No. 34815, in which it reported "a possible defect in fuel cladding." As an alternate action, the petitioner also stated that RBS could be restarted following the proposed shutdown after its design and licensing bases were updated to ;
permit operation with failed fuel assemblies. In addition, the petitioner requested a public '
hearing to present new plant-specific information regarding the operation of RBS, as well as to discuss a UCS report dated April 2,1998, entitled
- Potential Nuclear Safety Hazard / Reactor Operation With Failed Fuel Cladding."
Background:
An acknowledgment letter was issued on 10/29/98. Since the petition did not provide specific information which would lead the staff to conclude that an urgent safety problem '
existed, the petitioner's request for the immediate shutdown of RBS was denied.
However, in the acknowledgment letter the NRC offe. red the petitioner an opportunity for an inforrnal public hearing. On 11/6/98, the petitioner responded to the NRC's acknowledgment letter, and accepted the offer for an informal public hearing. The response for this petition is being coordinated with a similar petition associated with Perry Nuclear plant. The NRC has written to the licensee, in a letter dated 12/1/98, requesting '
their participation in the hearing and a formal response to the issues raised in the 9/25/98 Petition.
Current Status:
An informal public hearing was held on February 22,1999, as scheduled. This provided an opportunity for the petitioner and the public to provide their inputs, which will be useful in the preparation of the Director's Decision.
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Facility: Perry Nuclear Station, Unit 1 Petitioner: D. Lochbaum ;
Date of Petitior,' 11/9/98 .
Director's Decision To Be issued by: NRR Date Referred to Review Organization: 11/13/98 EDO Number: G19980678 OGC Number: P-98-16 Scheduled Completion Date: 4/11/99 Last Contact with Petitioner: 2/22/99 Petition Manager: D. Pickett Case Attorney: R. Hoefling :
Issues / Action Requested:
The Petition requested enforcement action to require an immediate shutdown of the Perry Nuclear Power Plant (PNPP) and that the facility remain shut down until all failed fuel :
assemblies are removed from the reactor core. As an alternate action, the petitioner asserted that PNPP could be restarted after its design and licensing bases were vpdated to permit operation with failed fuel assemblies. Additionally, the petitioner requested an ;
informal public hearing to present new information on reactor operation with failed fuel assemblies as well as to discuss the April 1998 UCS report on reactor operation with f ailed l fuel assemblies. As the basis for the request, the Petition states that operation with one or ,
more failed fuel assemblies is not permitted by Perry's design and licensing bases. More i specifically, UCS contends that Perry is also violating its worker radiation protection program (ALARA) licensing basis.
l
Background:
A PRB meeting was held on November 23,1998, to screen the petition. Since the petition -
did not provide specific information which would lead the staff to conclude that an urgent safety problem existed, the petitioner's request for the immediate shutdown of PNPP was ,
denied. However, in the acknowledgment letter, the NRC offersd the petitioner an !
opportunity for an informal public nearing that will be coordinated with a similar petition ,
associated with River Bend Station. The acknowledgment letter and Egderal Reaister l notice denying the petitioner's request for an irnmediate shutdown were issued on December 16,1998.
Current Status: j An informal public hearing was held on February 22,1999, as scheduled. This provided an opportunity for the petitioner and the public to provide their inputs, which will be useful in the preparation of the Director's Decision.
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. _. - I
Report on Status of Public Petitions Under 10 CFR 2.206 with No Status Change from Previous Update February 28,1999 (Table of Contents)
Attachment 2. I l
i Page Facility Petitioner /EDO No.
No.
Connecticut Yankee Bassilakis, Citizens Awareness Network (CAN)/GT97181 ................2 Connecticut Yankee and Millstone Katz, Citizens Awareness Network (CAN)/GT96919........ .. . .3 Millstone Galatis, We the People, Inc./EDO603. .. ... ... . .... .... .. . 4
Attachment 2 Report on Status of Public Petitions Under 10CFR 2.206 with No Status Change from Previous Update f 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 !
Director's Decision To Be issued by: NRR Date Referred to Review Organization: 3/20/97 EDO Number: GT97181 i OGC Number: P-97-003 Scheduled Completion Date: 4/30/99 Last Contact with Petitioners: 1/15/99 '
Petition Manager: T. Fredrichs ,
Case Attorney: M. Rafky ,
issues / Action Requested:
Petitioners request (1) that the NRC commence enforcement action against Connecticut ,
Yanker 'r.Y) (Haddam Neck) by means of a large civil penalty to assure compliance with safety- .ed radiological control routines, (2) modification of CY's license to prohibit any decomn. ,ioning activity, which would include dismantling or decontamination, until CY (
manages to conduct routine maintenance of the facility without any contamination events ,
for at least 6 months, and (3) placement of CY on the NRC's " watch list."
Background:
1 An acknowledgment letter was issued on 4/3/97. The petitioner was contacted by )
telephone on 7/9/97 and informed of the status of the petition. A partial Director's Decision (DD-97-19) was issued on 9/3/97. L 97-19 denied requests (2) and (3) above.
In a public meeting on 10/27/97, which the petitioner attended, the staff stated that it was l pursuing enforcement action regarding the remaining open item in the petition. Request (1) '
regarding enforcement action has been deferred and will be the subject of a final Director's Decision, currently scheduled for 4/30/99.
Current Status:
There is no change in status for this update. I 2
Facility: Connecticut Yankee and Millstone Units 1.
- 2. and 3 Petitioners: D. Katz, Citizens Awareness Network (CAN) and P. Gunter, Nuclear laformation and Resource Service '
Date of Petition: 11/25/96, as amended 12/23/96 ;
Director's Decision To Be issued by: NRR ,
Date Referred to Review Organization: 12/20/96 EDO Number: GT96919 '
OGC Number: P-96-026 Scheduled Completion Date: TBD' t Last Contact with Petitioners: 2/1/99 Petition Manager: S. Dembek Case Attorney: R. Hoefling issues / Action Requested: !
Petitioners request the staff to take the following actione: (1) immediately suspend or revoke Northeast Utilities' (NU's) license to operate the Connecticut Yankee (CY) (Haddam -
Neck) and Millstone reactors due to chronic mismanagement; (2) investigate the possibility ;
that NU made material misrepresentations to the NRC concerning engineering calculations and 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 Justice 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 analyzed, remedial management programs put into effect and the NRC has evaluated and approved the effectiveness of NU's actions; (6) in the event NU decides to decommission any or all of the reactors at issue, petitioners request the NRC not to permit any decommissioning activity to take place until the above issues are resolved; and (7) commence an investigation into how the staff allowed the illegal situation at NU's Connecticut reactors to exist and continue over a decade.
i
Background:
A partial Director's Decision (DD-97-21) addressing most of the issues was issued to the ]
petitioners on 9/12/97. DD-97-21 partially granted some of the petitioner's requests.
l Request (3) above was partially deferred for the Millstone plants and will be addressed in a j subsequent final Director's Decision. )
l Current Status: l There is no change in status for this update. l
- Uncertainty in date is due to requirement to issue pending Enforcement Action (EA) pnor '
to issuing final portion of DD. Once EA is issued a schedule for completion of DD will be developed.
3
Facility: Millstons l
, Petitioners: G. Galatis and E. Hadley on behalf of We
. the People, Inc.
Date of Petition: 8/21/95, supplemented 8/28/95 Director's Decision To Be issued by: NRR l Date ' Referred to Review Organization: 8/30/95 EDO Number: 603 OGC Number: P-95-015 i Scheduled Completion Date: TBD* 1 Last Contact with Petitioner (s): 2/1/99 Petition Manager: S. Dembek Case Attorney: R. ~Hoefling issues / Action Requested: I I
The petitioners allege that Northeast Utilities (NU) has offloaded more fuel assemblies into the spent fuel pool than permitted under License Amendrmnts 39 and 40; that NU has 1 knowingly operated Millstone in violation of its operating licenses; and that NU has !
submitted material false statements. Petitioners seek a 60-day license suspension for j Millstone Unit 1 (after the unit is brought into compliance with the license and the design basis). The petitioners also request that the operating license be revoked until the facility is ,
in full compliance with the terms and conditions of its license; before reinstatement of the I license, a detailed independent analysis of the offsita dose consequences of totalloss of )
spent fuel pool water be conducted; that enforcement action be taken against NU pursuant I to 10 CFR 50.5 and 50.9; that actions be taken regarding a proposed license amendment pending before the Commission wherein NU seeks to increase the amount of spent fuelit may offload and that the amendment be denied; that the NRC retain an independent expert, I' 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 including concerns at Millstone Units 2 and 3 and Seabrook. l
)
Background:
Northeast Utilities (NU) provided its responses in 9/22/95 and 10/11/95 letters. The acknowledgment letter was issued on 10/26/95. On 12/26/96, the staff issued a partial Director's Decision (DD-96-23) that addressed the technical aspects of the petitioners' requests. The staff conducted an informal public hearing with the petitioner on April 18, 1998. The wrongdoing aspects are still under review and will be addressed in a subsequent final Director's Decision. An enforcement panel met on 10/13/98. Region I has drafted a Commission paper to resolve the enforcement issues associated with this petition. Final resolution and the schedule for completion of the petition will occur following resolution of enforcement issues.
Current Status:
There is no change in status for this update.
- Uncertainty in date is due to requirement to issue pending Enforcement Action (EA) prior to issuing final portion of DD. Once EA is issued a schedule for completion of DD will be developed.
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4
m94 Attachment 4 Report on Status of Public Petitions Under 10 CFR 2.206 for DDs issued and/or losed During the Calender Year 1999 NRR:
OGC Nurnber Facility Name Petition Manager DD Date Closure Date G980568 Haddam Neck T. Fredrichs 1/12/99 2/8/99 G980358 Vermont Yankee R. Croteau 12/7/98 1/5/99 ;
GT97724 D.C. Cook J. Stang 2/11/99 3/11/99 G980233 Vermont Yankee R. Croteau 2/10/99 3/11/99 G19980707 Diablo Canyon S. Bloom 3/12/99
NMSS:
G19980547 Atlas Corporation Myron Fliegel 1/20/99 2/16/99 Denotes petitions that will be closed after the Commission's 25-day review period.
Not considered to be a petition under 10 CFR 2.206 l
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ATTACHMENT 5 AGE AND RESOURCE EXPENDITURES FOR AGENCY 2.206 OPEN PETITIONS l As of February 28,1399 i
ASSIGNED PETITION OGC FAC1UTY AGE Scheduled RESWRCES Resov,cee ACTION NUMBER NUMBER WONMS Cornpletion sy c c OFFICE HOURS), h NMSS G19980547 P 98-12 ATLAS CORPORATION 8 4 1/9/99 79 55.5 NMSS G19980622 P-98-015 FUSRAP 3 2/15/99 74 O NMSS G19990011 P-9942 ATLAS CORPORATION 1 5-26-99 5 34.5 NMSS GT970863 P-97-14 ENVIROCARE OF UTAH, INC.' 13 9/4/98 787.5 351 I
NMSS GT970767 P-99-01 ENVIROCARE OF UTAH, INC. 1 6-2-99 251 281.5 NRR G19980678 P-98-16 PERRY NUCLEAR STATION UNIT ' 2 4/11/99 140.5 8 NRR G199800707 P-98-17 Diablo Canyon 2 4/30/99 42 5.5 NRR G980592 P-98 14 River Bend 4 4/1/99 528.8 44.5 NRR G980568 P-98-13 HADDAM NECK' 4 1/25/99 70.6 14 NRR EDO 603 P-95-015 MILLSTONE 40' TBD* 920 66.2 NRR GT96919' P-96-026 CONNECTICUT YANKEE AND MILLSTONE 25 TBD* 520.5 146 NRR GT971818 P-97-OO3 CONNECTICUT YANKEE 23 4/30/99 245 28.5 NRR GT97724 P-97-013 D. C. COOK 1, 2 8 15 2/22/99 768.5 133 NRR G980199 P-98-OO7 BROWNS FERRY 1,2,3 11 3/9/99 511.5 54 NRR G980233 P-98-09 VERMONT YANKEE 8 10 1/28/99 93.5 19
' Staff professional time only - does not include management or administrative time.
2 Denotes petitions closed out 2
Partial DD issued.
- Schedule for completion will be set following resolution of enforcement issues.
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I ATTACHMENT 6 2.206 PETITIONS EXCEEDING THE 120-DAY GOAL OFFICE OF NUCLEAR REACTOR REGULATION as of February 28,1999 EDO/ PETITIONER / FACILITY DIVISION 60-DAY SCHEDULED AGE' COMMENTS ACTION CONTACT COMPLETION (in DATE Months)
EDO-603/Galates. et aIJ Millstone DRPE Yes TBD 40 Partial DD issued. Enforcement panel was held on 10/13/98. F nat resolution not reached. Schedule for completion will be set following resolution of enforcement issues.
GT96919/ Citizens Awareness Network, DRPE Yes TBD 25 Partial DD issued 2/11/98. Wrongdoing aspects still under review NucIear 1nfarmation Resource by DoJ. Schedule for completion will be set following resolution of Service / Connecticut Yankee and Millstone enforcement issues.
GT97181/ Citizens Awareness Network, DRPM Yes 12/31/98 23 Department of justice has released the issues for NRC disposition.
Nuclear Inf ormation Resource Region I and OE are evaiuating the issues.
Service / Connecticut Yankee G980199/D.Lochbaum/ Browns Ferry DRPE Yes 2/23/99 11 Director's Decision is in concurrence.
- The MD 8.11 goal is to issue a Director's Decision (DD) within 120 days of the date of issuance of the acknowledgment letter.
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F Attachment 7 i Statistics for Petitions Processed under 10 CFR 2.206 durina 1999(EOM 2/99) '
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! New Petitions Received 1 Average Age, Open L, Moe, Open
/ Average Age, Closed 3 DDeleeued O 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Age (months) or Numbers t
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