ML20210C163
| ML20210C163 | |
| Person / Time | |
|---|---|
| Site: | Millstone, Nine Mile Point, Seabrook, Haddam Neck File:Connecticut Yankee Atomic Power Co icon.png |
| Issue date: | 07/19/1999 |
| From: | Sheron B NRC (Affiliation Not Assigned) |
| To: | Travers W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML20137X925 | List: |
| References | |
| 2.206, NUDOCS 9907230356 | |
| Download: ML20210C163 (16) | |
Text
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1* ' # ' MEMORANDUM TO: William D. Travers I -191999
< . Exrcutive Director for Optretions-
-THRU- Samuel J. Collins, Director / Original siged by:
Office of Nuclear Reactor Regulation FROM: _ Brian Sheron/0H@=1 signed by:
Associate Director for Project Licensing and Technical Analysis Office of Nuclear Reactor Regulation
SUBJECT:
JUNE 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 June 30,1999.
There are 6 open NRR,1 OE and 2 NMSS petitions.
i Attachment 1 provides the status of petitions for the Offices of Nuclear Material Safety and Safeguards (NMSS), Nuclear Reactor Regulation (NRR) and Office of Enforcement (OE).
Attachment 2 gives the status of petitions that are in a confidential status and for internal distribution only. Attachment 3 shows the age and staff hours expended on open 2.206 petitions ;
as of June 30,1999, including a summary of the status of 2.206 petitions exceeding the 120-day scheduled completion goal. Attachment 4 shows the statistics for the 2.206 petitions processed j 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, making them readily accessible to the public. The URL address is http://www.nrc. gov /NRC/PUBLIC/2206/index.html.
Attachments: As stated 2 CONTACT: Ram Subbaratnam, NRR, 415-1478 *See previous concurrence G:\PDil-2\2206\2200699.WPD DISTRIBUTION: See next page OFFICE PDll/PM LA:PDil PD2/SC PDIDPD NMSS/IMNS DLPM:D ADP RR D: NRR ffs a /IMOB , , [
NAME nam _. Dunnington SP e on b PGoldberg* lins BSh o ' S. Collins DATE 7/k /99 7/8/99 7/% 7Ap99 7/ 8/99 7h99 7/M99 7//9/99 OFFICIAL RECORD COPY '
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rA' 2 Mdnorandum dst:d: July 19, 1999 Distribution:
. Central Files B. McCabe,0CM F. Miraglia, DEDR/OEDO ,
M. Knapp, DEDO /OEDO P. Norry, DEDM/OEDO J. Blaha, AO/EDO -
E. Julian, SECY '
PDil r/f S. Collins, NRR B. Sheron, NRR E. Baker, OD ~
R. Subbaratnam, NRR .
K. Cyr, OGC D. Dambley, OGC L. Chandler, OGC F. Cameron, OGC J. Goldberg, OGC F. Davis, OGC J. Cordes, Jr., OCAA J. Lieberman, OE P. Lohaus, OSP C. Paperiello, NMSS P. Goldberg, NMSS S. Moore, NMSS P. Anderson, OEDO(E-mail)
E. Dunnington, NRR B. Boger, NRR M. Stein, OE G. Caputo, Ol G. Tracy, EDO E. Adensam, NRR J. Zwolinski, NRR H. Berkow, NRR T. Essig, NRR OCA OPA Regional Administrators
' PUBLIC w/att 1, 3, & 4 (Att 2 is "NOT FOR EXTERNAL DISTRIBUTION")
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ouro g 't UNITED STATES
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NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 30666-4001
%.....p July 19, 1999 MEMORANDUM TO: William D. Travers Executive Director for Operations THRU:
Samuel J. Collins, Director 8[h ar Reactor Regulation Office of Nj FROM: f i sfoii","Tssociate Director roject Licensing and Technical Analysis Office of Nuclear Reactor Regulation
SUBJECT:
JUNE 1999 REPORT ON THE STATUS OF PUBLIC PETITIONS 4 UNDER 10 CFR 2.206 The attached monthly report gives the status of 10 CFR 2.206 petitions as of June 30,1999. ;
There are 6 open NRR,1 OE and 2 NMSS petitions. )
t Attachment 1 provides the status of petitions for the Offices of Nuclear Material Safety and Safeguards (NMSS), Nuclear Reactor Regulation (NRR) and Office of Enforcement (OE).
Attachment 2 gives the status of petitions that are in a confidential status and for internal distribution only. Attachment 3 shows the age and staff hours expended on open 2.206 petitions as of June 30,1999, including a summary of the status of 2.206 petitions exceeding the 120-day scheduled completion goal. Attachment 4 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, making them readily accessible to the public. The URL address is http://www.nrc. gov /NRC/PUBLIC/2206/index.html.
Attachments: As stated CONTACT: Ram Subbaratnam, NRR 415-1478 I
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, Report on Status of Public Petitions Under 10 CFR 2.206 l June 30,1999 (Table of Contents)
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Attachment 1 l
Page Facility Petitioner /EDO No. N_o om Envirocare of Utah, Inc. Natural Resources Defense Council / .
G19980767.. .... ... .. .... .. . ......2 l Millstone E. Hadley, We the People,lnc..' ,
EDO603.............................................3 l Connecticut Yankee Bassilakis, Citizens Awareness Network (CAN)/GT97181..................... 4 Seabrook Union of Concerned Scientists (UCS)/
G 1 9 9 9 01 7 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 i
Millstone STAR et al./G19 9 9 0 2 01. . . . . . . . . . . . . . . . . . . . . . 6 Atlas Corporation Dagget, et al./(G 19990011)................. 8 Connecticut Yankee and Millstone Katz, Citizens Awareness Network (C A N)/GT 9 6 919. . .. . . . . . . . . . . . . . . . . .. . . . . . . . . . .. 9 Nine Mile Point Units 1 & 2 R. Norway /G19 9 902 24. . . . . . . . . . . . . . . . . . . . . 10 Nine Mile Point Unit 1
- T. Judson/G19 9 902 6 8..... .... . ..... .... ... 1 1
- New addition to the list during the current month
Attachment 1 R: port on Status of Public P titions Und:r 10 CFR 2.206
. Facility: Envirocare of Utah. Inc. j
- Petitioner: Natural Resources Defense Council J 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 i OGC Number: P-99-01 l Scheduled Completion Date: TBD* '
Last Contact with Petitioner: 5/20/99 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, 1 former President of Envirocare, should not be prohibited from participating in any NRC-licensed I activity.
Background:
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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 revocation of all of Envirocare's licenses, NRC indicated that no immediate action was required to protect public j health and safety. NRC further recognized, and so stated in the February 7,1997, Director's I 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 I NRC should have the requisite reasonable assurance that Envirocare will comply with Commission requirements.
)
The Department of Justice's criminal investigation of Mr. Semnani resulted in his conviction on a single charge of misdemeanor tax fraud. 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 that Mr. Semnani has transmitted documents to the DOE requesting that his debarment be lifted. The Petition Review Board meeting was held on January 20,1999. The petition acknowledgment letter was issued on February 2,1999.
i Current Status:
At his April 15,1999, arraignment, Mr. Anderson pleaded not guilty to six felony criminal counts (extortion, fraud, and tax evasion). His trial, originally scheduled for June 15,1999, has been delayed indefinitely. By letter dated April 5,1999, the staff received Mr. Semnani's rebuttal of issues raised in the Petition. The staff is currently evaluating this voluminous document as well as several letters sent to NRC attesting to Mr. Semnani's character and integrity.
- Schedule for completion will be set following resolution of trial issues.
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..- Facility: Millstone Petitioners: 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 LScheduled Completion Date: . 7/15/99 Last Contact with Petitioner (s): 4/2/99-Petition Manager: J. Anderson
- Case Attorney: R. Hoefling
. Issues / Action Requested:
The petitioners allege that Northeast Utilities (NU) has offloaded more fuel assemblies into >
the spent fuel poci 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. The petitioners seek a 60-day license suspension for i 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
~ license, a detailed independent analysis of the offsite dose consequences of total loss of spent fuel pool water be conducted; that anforcement action be taken against NU pursuant to 10 CFR 50.5 and 50.9; that actions be taken regarding a proposed license amendment pending before the Commission wherein NU seeks to increase the amount of spent fuel it may offload 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, the petitioners raised additional concerns including concerns at Millstone Units 2 and 3 and Seabrook.
Background:
North' east 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. Region I drafted a Commission paper to resolve the enforcement issues associated with licensee wrongdoing. On 5/19/99, the Commission found the staff's
- approach regarding enforcement acceptable. On 5/25/99, the NRC issued the enforcement action to the licensee.
Current Status:
The DD is in concurrence and is currently scheduled for issuance by July 15,1999.
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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 OGC Number: P-97-003 Scheduled Completion Date: 7/30/99 Last Contact with Petitioners: 5/28/99
, Petition Manager: T. Fredrichs Case Attorney: M. Rafky issues / Action Requested:
The petitioner requested (1) that the NRC commence enforcement action against Connecticut Yankee (CY) (Haddam Neck) by means of a large civil penalty to assure compliance with safety-based radiological control routines, (2) modification of CY's license to prohibit any decommissioning activity, which would include dismantling or decontamination, until CY manages to conduct routine maintenance of the facility withcut any contamination events for at least 6 months, and (3) placement of CY on the NRC's
" watch list."
Background:
An acknowledgment letter was issued on 4/3/97. A partial Director's Decision (DD-97-19) was issued on 9/3/97. DD-97-19 denied requests (2) and (31 above, in a public meeting on 10/27/97,' which the petitioner attended, the staff stated that it was pursuing
- enforcement action regarding the remaining open item in the petition.
Current Status:
The petitioner requested enforcement action on two radiation protection events that occurred in November 1996 and February 1997. Staff enforcement action regarding the November 1996 event was issued as a Notice of Violation on 4/5/99. Enforcement action regarding the February 1997 event was issued as a Notice of Violation on May 12,1999.
The Director's Decision is in concurrence. Anticipated date of issuance of the DD is July 30,1999. There is no change in status for this report. !
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Facility:
Stabrook Petitioner: Lochbaum, Union of Concerned Scientists j Date of Petition: 3/31/99 i Director's Decision To Be issued by: OE Date Referred to Review Organization: 4/12/99 EDO Number: G19990173 OGC Number: P-99-003 Scheduled Completion Date: 8/20/99 Last Contact with Petitioner: 6/9/99 Petition Manager: D. Nelson j Case Attorney: Jack Goldberg issues / Action Requested:
The petitioner requested three specific actions: (1) that the NRC take enforcement action against the individuals alleged to have unlawfully discriminated against a contract electrician in violation of 10 CFR 50.7, as identified in NRC Office of Investigation (01)
J Report 1-1998-005;(2) that the NRC take enforcement action against the individuals j alleged to have created a false record in violation of 10 CFR 50.9, as identified in 01 Ret ;rt i 1-1998-005; and (3) that the petitioner be granted permission to attend an upcoming predecisional enforcement conference between the NRC and the licensee on these matters.
Background:
i The petitioner was contacted on April 15,1999, via telephone, and informed that Virgil l Beaston is the petition manager for his 10 CFR 2.206 request for action. The petitioner was informed that the 2.206 process is a public process and that the NRC would not keep his name and petition confidential. The petitioner stated that he understands that the 2.206 process is a public process and that he did not object to the NRC making his name j and request for action public. The petitioner was also asked whether he had any )
information about the apparent violations referenced in his request for action other than I that provided by the NRC in a March 16,1999, letter to the licensee. The petitioner stated that he had no information other than that information contained in the NRC's letter.
An acknowledgment letter was sent to the petitioner on April 20,1999. The acknowledgment letter stated that requests (1) and (2) above are being treated as proper requests for action under 10 CFR 2.206. The petitioner's request to attend the predecisional enforcement conference with the licensee was denied.
Current Status:
Region I held an enforcement conference with the . licensee and the individuals concerned on June 2,1999. Region Iis now in the process of developing a proposed enforcement i strategy. OE review of the petitioner's request is scheduled for completion by July 30 and i issuance of the DD is scheduled for August 20,1999. OE is on track to meet or exceed these dates. Since Virgil Beaston has left the NRC, Dave Nelson is the new petition manager for OE and the petitioner will be informed of the above change.
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Facility: Millstone Units 2 & 3 Petitioner: STAR et al.-
Date of Petition: '3/31/99 i
I Director's Decision To Be issued by: NRR Date Referred to Review Organization: 4/20/99 EDO Number: G19990201' OGC Number: P-99-05 Scheduled Completion Date: 9/14/99*
i Last Contact with Petitioner: 6/30/99 l . Petition Manager: John Nakoski
! Case Attorney: Jack Goldberg issues / Action Requested: ,
The petitioners' letter contained two petition requests. In the first petition request, three specific actions were requested: (1) that the NRCimmediately suspend Northeast Utilities' license [s] to operate the Millstone power station until there are reasonable assurances that
[,
' adequate protective measures can and will be taken in the event of a radiological emergency
. for Fisheru Island,' NY: (2) that the operating license [s] should be suspended until such time as "a range of protective actions have been developed for the plume exposure pathway EPZ
- (emergency planning zone] for emergency workers and the public;" and (3) that these matters be the subject of a public hearing, with full opportunity for public comment. The fundamental basis for the requests is the petitioners' claim that the Millstone Nuclear Power l Station is not being operated within the law. Specifically, the petitioners stated that the I site is in violation of 10 CFR 50.54(q) and 10 CFR 50.47 with regard to emergency planning requirements because Fishers Island, New York, located within the 10-mile EPZ for Millstone, does not have a functional evacuation plan. The petition requests that.the EPZ be extended to include the mainland, which begins at 11-12 miles from the Millstone facility.
. This would require revising the regulations and the current licensing basis. The requested action, in.effect, constitutes a petition for rulemaking.
' In the second petition request, the petitioners requested that the NRC institute a proceeding, !
. pursuant to'10 CFR 2.202, to suspend the operating license (s) for the Millstone Nuclear )
l Power Station until the facility is in full compliance with the law. Specifically, in the second petition request, the petitioners maintain that all of the required factors in 10 CFR ;
50.54(s)(1): " demography, topography, land characteristics, access routes, and
, jurisdictional boundaries" are ignored in emergency planning for the Millstone Nuclear Power l Station and, as such,10 CFR 50.54(q) and 10 CFR 50.47 are violated.
Background:
The Petition Review Board (PRB) met on the two petitions on April 26,1999.. The PRB determined that the petitioners' request for immediate action to suspend the license was to be denied. This recommendation was made because the current emergency response plan,
' endorsed by FEMA, is in force at Millstone. The PRB also determined that the second petition request for a hearing pursuant to 10 CFR 2.202 should be denied. This recommendation was made for two reasons: first, it did not meet the Management Directive 8.11 criteria for a 2.206 petition, and second, it is, in effect, a petition for rulemaking for ;
10 CFR 50.47(c)(2),10 CFR 50.54(s)(1), and Appendix E to Part 50. The petitioners were 6
contacted on April 27,1999, and informed of the NRC's denial of their request to immediately suspend the operating licenses of Millstone, as well as their request for a public hearing. However, the petitioners' concerns related to further evaluating the current EPZ and request for expansion of the current 10-mile zone were sent to FEMA by letter dated June 4,1999.
Current Status:
The acknowledgment letter and FR notice on the petition were issued on May 14,1999. A letter to FEMA, as discussed above, was sent on June 4,1999. The letter to FEMA was forwarded to the petitioner in a letter dated June 30,1999.
- This projection of completion date is based on receiving a response from FEMA by August 16,1999.
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,4 4 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 OGC Number: P-99-02 Scheduled Completion Date: TBD*
Last Contact with Petitioner: 5/27/99 Petition Manager: Myron Fliegel Case Attorney: J. McGurren Issues / Action Requested:
The petitioners request NRC to take six immediate actions to halt impacts to and to ensure the conservation of the endangered species of fish in the Colorado River near the Atlas site.
Background:
On August 2,1988, Atlas submitted an application for a license amendment to revise its site reclamation plan for uranium mill tailings at its no longer operating site near Moab, Utah.
On March 30,1994, a notice of intent to prepare an EnvironmentalImpact Statement was published in the Federal Reaister, in January 1996, the Draft EnvironmentalImpact 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 j 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, 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 petition was filed on January 11,1999, requesting the NRC to take six immediate actions related to potential impact on endangered fish in the Colorado River due to contaminants from the Atlas Uranium mill tailings pile. A Petition Review Board meeting was held on January 26,1999, and the petitioners' 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. An acknowledgment letter for this petition was published in the Federal Reaister on February 12,1999. ]
l Current Status: l 1
On May 13,1999, a supplement to the 2.206 petition was sent to NRC requesting immediate action on severalitems. On May 27,1999, the NRC wrote to the petitioners, I acknowledging receipt of the supplement, denying immediate action, and notifying j petitioners that NRC was deferring action on the 2.206 petition, pending a decision by the Atomic Safety and Licensing Board (ASLB) on the petitioners' request for hearing on similar ,
issues. There is no change in status for this update. I
' Revised completion date will be set following ASLB's decision on the petition supplement. l 8
O Facility: Connecticut Yankee and Millstone Units 1. 2. and 3 Petitioners: D. Katz, Citizens Awareness Network (CAN) and ,
P. Gunter, Nuclear Information and Resource Service l Date of Petition: 11/25/96, as amended 12/23/96 l Director's Decision To Be issued by: NRR )
Date Referred to Review Organization: 12/20/96 {
EDO Number: GT96019 i OGC Number: P-96-026 4 Scheduled Completion Date: TBD* I Last Contact with Petitioners: 6/3/99 Petition Manager: R. Eaton Case Attorney: R. Hoefling i
Issues / Action Requested: l The petitioners request the staff to take the following actions: (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 .mrating, petitioners request that they remain on the NRC's " watch list"; (5) keep CY and faillstone 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.
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.
Request (3) above was partially deferred for the Millstone plants and will be addressed in a subsequent final Director's Decision.
Current Status: l DD-97-21 partially granted some of the petitioners' requests. Request (3) above was partially deferred for the Millstone plants and will be addressed in a subsequent final Director's Decision. There is no change in status for this update.
- Schedule for cornpletion will be set following resolution of enforcement issues.
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Facility: Nine Mile Point Unit 1 &2 Petitioner: Robert T. Norway Date of Petition: April 5,1999 Director's Decision To Be issued by: NRR Date Referred to Review Organization: 4/29/99 EDO Number: G1990224 OGC Number: -
Scheduled Completion Date: 10/9/99 Last Contact with Petitioners: 5/10/99 Petition Manager: D. Hood Case Attorney: J. Goldberg issues / Action Requested:
(1) The petitioner requests that the NRC "take immediate action to issue a Show Cause Order or Civil Penalty against Niagara Mohawk Power Corporation and its senior nuclear and corporate management (Enforcement Sanctions) for 1) submitting an altered employee record, under fraudulent pretenses, to the Nuclear Regulatory Commission on May 10,1996 and 2) for their actions for placing confidential and fraudulent statements pertaining to [his) work performance, a false written record of what the Administrative Law Judge (ALJ) had determined in Discrimination Case 95-ERA-005 and the confidential and fraudulent 1994 employee evaluation (which the Administrative Law Judge had found to be altered) into federal custody and into public record. These actions are in clear Violation of 10 CFR 2.790(a) and 10 CFR 50.9." (2) The petitioner also requests that the NRC "take immediate action and issue a Show Cause Order or Civil Penalty against Niagara Mohawk Power Corporation and its senior nuclear and corporate management (Enforcement Sanctions) for Discrimination in Violation of 10 CFR 50.7 land] 10 CFR 2.790... for their actions ...
allowing confidential, false and fraudulent documentation that is disparaging, deleterious and damaging to [his] goodwill, integrity and reputation to be placed into permanent public record." (3) The petitioner also requests that NRC " forward a complaint to the Office of the inspectors [ sic] General for an investigation of possible deliberate misconduct or negligence on the part of members of the NRC for failing to take proper action in this discrimination case, allowing NMPC representatives to place f alse and fraudulent documents in NRC custody and for allowing these documents to be placed into public record."
Background:
A Petition Review Board (PRB) meeting on the petition was held on May 5,1999. The PRB recommended that the petition manager solicit a written response from the licensee to be reviewed by OE. A letter requesting a licensee response on the petition was issued on May 10,1999, and a response was requested by early July 1999.
I Current Status: i i
An acknowledgment letter and FR notice on the petition were issued on June 9,1999, and l June 15,1999, respectively. The issues regarding request (3) of the petitioner has been forwarded to the Office of Inspector General on May 17,1999, for review and suitable action.
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.l Facility: Nine Mile Point Unit 1 Petitioners: -Tim Judson Syracuse Peace Council, et 'a!.
Date of Petition: May 24,1999
' Director's Decision To Be issued by: NRR
- Date Referred to Review Organization: 5/24/99 EDO Number: G19990268
' OGC Number: -
. Scheduled Completion Date: 10/24/99-Last Contact with Petitioners: 6/11/99 Petition Manager: D.Hobd Case Attorney: J. Goldberg issues / Action Requested:
The petitioners request that NRC suspend NMPC's operating license for NMP1 by postponing the scheduled restart date until (1) NMPC releases the most recent inspection data on the plant's core shroud, (2) a public meeting can be held in Oswego County to
' review this inspection data and the... repair design to core shroud welds V-9 and V-10, and
. (3) an adequate public review of the safety of the plant's continued operation is accomplished. This request is based upon the assertions of "new and unreviewed"
.information and " safety concerns."
Background:
A Petition Review' Board (PRB) meeting on the petition was held on June 2,1999. The PRB
' determined that the request for immediate action to revoke or suspend the operating license for NMP1 by postponing the scheduled restart date should be denied because the cracked vertical welds (V9 and V10) have been repaired, restoring these shroud welds to their design bases; the licensee is following relevant staff-approved industry guidance (e.g.,
several BWRVIP reports) for outage activities; and the staff has already evaluated most of the NMP1-specific issues raised in the petition. These include a 1997 modification to the tie rod base support design (redesign of wedge-retaining clip), previous restart and operation I contingent upon a mid-cycle reinspection of vertical welds, extended operation to the end of
' the full cycle,' and the shroud reinspection plan for the current refueling outage (RFO15).
Also, the licensee's repair of V9 and V10 welds was in accordance with a staff-approved repair / inspection plan.
' Current' Status:
An acknowledgment letter and FR notice on the petition were issued on June 11,1999. A director's decision is in preparation and is on track for completion by the scheduled due date. '
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