ML20211A391
| ML20211A391 | |
| Person / Time | |
|---|---|
| Issue date: | 09/19/1997 |
| From: | Zimmerman R NRC (Affiliation Not Assigned) |
| To: | Callan L NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML20008A973 | List: |
| References | |
| 2.206, NUDOCS 9709240246 | |
| Download: ML20211A391 (18) | |
Text
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September 19, 1997 MEMORANDUM TO: L. Joseph Callan Executive Director for Operations FROM: Roy P. Zimmerman Orig, signed by it. Zimmerman Associate Director for Projects !
Office of Nuclear Reactor Regulation
SUBJECT:
' AUGUST 1997 REPORT ON THE STATUS OF PUBLIC PETITIONS UNDER 10 CFR 2.206 )
l The attached monthly report reflects the status of 10 CFR 2.206 petitions as of the end of l August 1997. This report may not reflect changes in status that have occurred since petition managers submitted data on the August status. Attachment 1 gives the status of petitions l before the Offices of Nuclear Material Safety and Safeguards and Nuclear Reactor Regulation. Attachment 2 lists decisions before the Commission and the courts. Attachment 3 lists other sensitive matters which are for internal distribution only.
By issuing the monthly report on the status of pending 10 CFR 2.206 petitions, the staff is documenting its responsiveness to petitioners.
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 electionic bulletin board system, making them readily accessible to the public.
Attachments: 1. Report on Status of Public Petitions Under 10 CFR 2.206
- 2. Decisions Pending Before the Commission and the Courts
- 3. Internal Distribution Only cc w/atts: H. L. Thompson, EDO R. L. Bangart, OSP p A. C. Thadani, EDO G. P. Caputo, Ol
!jr P. G. Norry, EDO J. Blaha, EDO J. F. Cordes, Jr., OCAA J. R. Goldberg, OGC
! K. D. Cyr, OGC L. J. Chandler, OGC 13 h i
S. J. Collins, NRR W. F. Kane, NMSS C. J. Paperiello, NMSS Regional Administrators y
2" J. Lieberman, OE E. Julian, SECY OCA OPA -
) qqt'h
? CONTACT: Janet Kennedy, NRR t
415 3267 'C$ U 3 j l Q DistributiotE e n. cereral Fileag) M. Mattla/NMSS P.Lohaus P. Anderson /EDO PUBLIC w/att 1 & 2 only (Att 3 is "NOT FOR EXTERNAL DISTRIBUTION") B. Boger B. McCabe E, Adensam (e) F. Cameron /OGC A. Chaffee G. Deegan/NMSS R. Zimmerman M. Thadani C. Jamerson (e) J. Kennedy PD4-1 r/f Ta recolve a copy of this document. Indicate in the box: "c"
- Copy without attachment / enclosure "W = No copy DOCUMENT NAME: G:\206\SEP97RPT.WP 44a q llg "E" = Copy with attachment 2 / enc g ,q. I 1 T OFFICE PM:PD41 [ E LA:RD31f E NMSS:RMB lE ADPR:NRR E NAME J.' Kennedy.A. C. JarMrson M. Mattia R.P. Zimmerrpan y-C& 0, 7 (,
DATE 09////97 09/ (97 N 09/sy/97(e) 09/j197 (y7)
OFFICIAL RECORD COPY (e) e-mail concurrpge; fw
,u evow trT c o sw 3 oQ l"ss fj % Ryg u m 1 uli
j.a..g-k i y UNITED STATES l P NUCLEAR REOULATORY COMMISSION ;
- wAswiwovow, o.c. secouset s.,*****/';- l September 19, 1997 MEMORANDUM TO: L. Joseph Callan Executive Director for Operations FROM: Roy P. Zimmerman d Associate Director fo s Office of Nuclear R ct Reg at' n
SUBJECT:
AUGUST 1997 REPORT ON THE STATUS OF PUBilC PETITIONS UNDER 10 CFR 2.206 The attached monthly report reflects the status of 10 CFR 2.206 petitions as of the end of August 1997. This report may not reflect changes in status that have occurred since petition managers submhted Jata on the August status. 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 Ilu, other sensitive matters which are for internal distribution only.
By issuing the monthly report on the status of pending 10 CFR 2.206 petitions, the staff is ,
documenting its responsiveness to petitioners.
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 electronic bulletin board system, making them readily accessible to the public.
Attachments: 1. Report on Status of Public Petitions Under 10 CIR 2.206
- 2. Decisions Pending Before the Commission and the Courts
- 3. Internal Distribution Only cc w/atts: H. L. Thompson, EDO R. L. Bangart, OSP A. C. Thadani, EDO G. P. Caputo, 01 P. G. Norry, EDO J. F. Cordes, Jr., OCAA J. Blaha, EDO J. R. Goldberg, OGC K. D. Cyr, OGC L. J. Chandler, OGC S. J. Collins, NRR C. J. Paperiello, NMSS W. F. Kane. NMSS Regional Administrators J. Lieberman, OE OCA E. Julian, SECY OPA CONTACT: Janet Kennedy, NRR 415-3267
'*vv -- .m y
4 d I
i Report on Status of Public Petitions Under 10 CFR 2.206 August 1997 Contents' !
Pa9e i Ensudy Petitioner /EDO No. & l
- Advanced Medical Systems, Inc. Northeast Ohio Regional Sewer -
District /10395 1 Millstone Galatis et al)603 2,16 NationalInstitutes of Health Ma and Zhen9/721 15 i
Northem States Power Company Independent Florence Township /GT96669 Spent Fuel Storage Installation _
/GT96670 4 l San Onofre Nuclear Generating Station Dwyer/GT96778 6 Connecticut Yankee and Millstone Katz, Citizens Awareness :
Network /GT96919 7,15 Vermont Yankee Block,-Citizens Awareness Network /GT96950 9 Millstone and Connecticut Yankee Hadley/GT97140 10 l Connecticut Yankee Bassilakis, Citizens l Awareness Network /GT97181 10,15 ;
Turkey Point & St. Lucie Saporito/GT97311 15 '
San Onofre Nuclear Generating Station Dwyer/GT97339 11 Prairie Island Nuclear Generating Station Prairie Island indian Community / ,
GT97414 15- t San Onofre Nuclear Generating Station Borchmann/GT97494 12 Northem States Power Company Crocker, Prairie Island Coalition /GT97632 13 -
- Includes Attachments 2 and 3. ;
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Attachment 1 Report on Status of Public Petitions Under 10 CFR 2.206 Facility: Advanced Me_dlal 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): 8/10/97 Petition Manager: J. DeCicco Case Attomey: R. Weisman issues / Action Requested: Amend AMS license to install, maintain, and operate alarms on all drains from London Road facility.
Current Status: An acknowledgment letter was issued on 9/7/94. The staff conipleted 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 because of a license amendment request from AMS on 3/22/95, which requested installation of a sampling system on a proposed lateral sewer line. The completion date was extended in August 1995 to allow time for completion of the staffs review. The staff provided status updates to the petitioner by telephone on 5/30/95, 8/1/95, 10/3/95, 12/4/95, 2/12/96,4/16/96, 6/18/96, 8/20/96, 10/22/96, and 12/20/96. The completion date was extended in January 1997 to 3/30/97 to allow for the staffs review of the draft Directors Decision. The staff requested the peti +ioners views regardin0 the in1 pact of a settlement agreement on the petition by letter dated 2/3/97. The petitioners letter dated 3/4/97 indicated that the petitionefs 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 contacted by telephone on 4/11/97,6/19/97 and 8/19/97 and informed of the status of the petition. A decision was made by the staff to defer the Directors Decision until completion of the license renewal application review I
,.l l
and hearing process. As a result, the completion date is being extended until 4/10/98.
FacMy: tillistone :
Petitioners: G. Gala *.is, and E. Hadley on behalf of We the People, Inc. ,
Date of Petition: 8/21/95, supplemented 8/28/95 Director's Decision To Be issued by: NRR' !
Date Referred to Review Organization: 8/30/95 EDO Number. 603 ;
OGC Number: P 95-015 Scheduled Completion Date: 11/15/97 [
1 ast Contact with Petitioner (s): 8/25/97 !
i Petition Manager. S Dombok Case Attomey: R. Hoefling ;
issues / Action Requested: The petitioners allege that Northeast Utilities (NU) has '
offloaded more fuel assemblies into the spent fuel pool than permitted under License Amendments 39 and 40; that NU has knowingly operated Millstone in violation of its f operating licenses; and that NU has submitted material falso statements. Petitioners seek institution of a proceeding to suspend the operating license for Millstone i Unit i for 60 days after the unit is brought into compliance ,
/ with the license and the design basis. In addition, the ,
petitionwrs 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 enforcement action be taken against NU pursuant to 10 CFR 50.5 and 50.9; that actions be taken regarding a proposed license amendment pending before the Commission wherein NU seeks to increase the amount of spent fuelit may offlood 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, M Galatis raises additional concoms These concoms are that NU also committed violations by offloading more than one-third of a core of fuel at Millstone Units 2 and 3 and Seabrook Unit 1. In addition, with regard to Millstone Unit 3, Mr. Galatis is concemed that NU . :
submitted a material falso statement to the NRC associated i
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!t with a license amendment and that an unanalyzed condition exists with regard to system piping for full-core offload .
events. Wlth regard to Seabrook Unit 1, Mr. Galatis is concemed about technical specification violations associated with a criticality analysis. Finally, the petitioners make the additional request that a public hearing be held in the vicinity of Millstone Unit 1 to permit comment by the public on the issues raised in the petition.
Current Status: Northeast Utilities (NU) voluntarily provided its response to the r 8/21/95 letter on 9/22/95 and to the 6/28/95 oupplement on 10/11/95.
On 9/22/95, the staff contacted the petitioner to inform him that
' issuance of the acknowledgment letter had been delayed because of .
ongoing investigations by the Office of Investigations (01) and the Inspector General (lG) as well as independent NRC reviews. The staff also informed the petitioner that if he wanted to intervene in the Millstone Unit i spent fuel pool amendmet, 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 pool inspection was '
conducted at Millstone in March 1996 to review the 10 CFR 2.206 concems as well as other spent fuel pool issues. The scheduled completion date was extended in February 1996 to 7/30/96 b6cause 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 Federal Register notice was issued announcing a 10 CFR >
2.206 informal public hearing to be held on 3/7/96. The 3/7/96 meeting was postponed because of poor weather. The meeting that was subsequently held on 4/8/96 was well attended and there was considerable public interest in the issues 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 updato letter to the petitioners.
The update letter included a 5/21/96 report on the NRC's survey of .
refueling practices and a 5/17/96 letter from NU that answered an NRC question raised during the 4/8/96 informal public hearing. On 7/19/96 the staff issued a status update letter to the' petitioners and sent the petitioners a copy of the NRC inspection report for the-Millstone i spent fuel pool issues, The completion date was
, extended in August 1996 to 10/31/96, and again in October 1996 to 3-
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5/31/97 to allow for additional staff review. On 9/19/96 the staff lasued a status updhte 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 12/26/96, 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 included the slides used by staff of the NRC's Office for Analysis and Evaluation of Operational Data during their 2/5/97 public presentation of their generic assessment of spent fuel cooling. On 4/22/97, the staff issued a status update letter to the petitioners which included an information copy of a 4/15/97 letter in which the staff answered various spent fuel pool safety questions posed by a member of the public. In May 1997, the completion date was extended to 11/15/97 to allow for completion of the Ol review. On 6/30/97, the staff issued a status update letter to the petitioners. In a letter dated 7/9/97, the petitioners requested that the informal public hearing be reconvened to allow them to submit additional evidence in support of the petition, in a letter dated 8/25/97, the NRC staff denied the petitioners' request to reconvene the informal public hearing because the petitioners did not provide enough information to allow the staff to determine if the criteria in Management Directive 8.11. " Review Process for 10 CFR 2.206 Petitions," regarding informal public hearings were met. The staff requested that the petitioners send the additional evidence to the staff as quickly as possible. The staff will assess the need for reconvening the informal public hearing once the additional evidence is received. See Attachment 3 for further information.
Facility: M911!19.tn States Power Company ISFS]
Petitioner. Florence Township, MN Date of Petitions: 8/26/96 4
Director's Decision To Be bsued by: NMSS Cate Referred to Review Organization: 9/13/96 EDO Number: GT96669/GT96670 OGC Number: P 96-021 Scheduled Completion Date: 9/26/97 Last Contact with Petitioner (s): 8/4/g7 Petition Manager: M. Delligatti Case Attomey: L Clark lasues/ Action Requested: Petition requests that the NRC take various actions regarding Northem States Power Company's (NSP) application for an Independent Spent Fuel Storage Installation (ISFSI). Specifically, petitioner requests that the NRC reject NSP's application for an ISFSI, or, in the attemative, suspend taking any action on the application pending the completion of litigation in the State courts.
Requests that NSP be required to name the local govemments expected to respond in the event of an emergency and allow 60 days for local govemments to comment on the proposed emergency plan. Requests the NRC take enforcement action against NSP for violating the requirements of 10 CFR 72.32(a)(14) by not permitting the petitioner to comment on the proposed emergency plan before submission to the NRC. Specifically, the NRC is asked to impose a penalty in the amount of one million dollars and require NSP to compensate petitioner in the amount of $7500 for time expended by its Board and attomey in attempting to obtain the emergency plan before submission to the NRC.
Current Status: The attomey for the petitioner was informed on 10/3/96 that the 2.206 process is a public process. The staff has determined that only the request for enforcement action falls within the purview of 10 CFR 2.206. All other aspects of the petition will be considered as p part of NSP's application for the offsite ISFSI. An acknowledgment letter was issued on 10/11/96.
The petitioner's attomey was informed by the staff on 11/22/96 that the petition addressed issues that were also part of adjudicatory proceedings associated with petitions to intervene. Therefore, no Director's Decision could be made until the adjudicatory proceedings were completed. Furthermore, the applicant has requested, and the staff has granted, a request that the license application review be suspended pending completion of Minnesota State judicial i proceedings which could critically impact the continuation of the
! - project. Subsequently, the Atomic Safety Licensing Board Panel L which had scheduled a pre-hearing con'erence on the petitions to 5
intervene also suspended its proceedings until the State court acti is completed. The petitioner was contacted on 1/2/97 and informed of the status of the petition.
At the request of the Deputy Director, Nuclear Material Safety and Safeguards, the Office of the General Counsel was contacted to confirm that no action was possible on this petition until the adjudicatory proceedings described above are completed. The petitioner contacted the staff by telephone on 4/1/97 and was apprised that the status of the petition was unchanged.
The Minnesota State House of Representatives recently passed a b removing the requirement for away from-reactor storage, Tt.e companien Senate bill does not contain the same language. On 5/13/97, the Minnesota Court of Appeals ruled that the Minnesota Environmental Quality Board acted appropriately when it stopped th siting process for the off site faellity and in certifying NSP's good fait efforts. The court allows a 30-day appeal period and NSP indicated that it will take no action until the appeal period ends. The petitioner was notified of this decision by letter dated 6/2/97.
On 6/12/97, the Prairie Island Dakotas filed an appeal of the Minnesota Court or Appeals decision with the Minnesota Supreme effectively ending State litigation. NSP submitt NRC to withdraw the application for an ISFSI and the request was granted. The staffis cunently drafting a director's decision. The petitioner 8/4/97. was informed of the status of the petition by telephone on Facility: -
Petitioner: San S. DwyerOnofre Nuclear Generatino Station Date of Petition:
9/22/96, as supplemented 12/10/96 and 6/3/97 Director's Decision To Be issued by: NRR Date Referred to Review Organization:
EDO Number 10/24/96 OGC Number: GT98778 Scheduled Completion Date: P 96-024 9/30/97 Last Contact with Petitioner (s):
Petition Manager: 9/4/97 Case Attomey: M. Fields H. McGurren issues / Action Requested:
Requests the NRC shut down the San Onofre Nuclear Generating Station "as soon as possible" pending a complete review of the "new seismic risk.",
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Current Status: lne petitioner was contacted by Intemet electronic mail on 10/16/96 and informed that the 2.206 process is a public process. An acknowledgment letter was issued on 11/22/96. A second letter was sent to the staff from the petitioner on 12/10/96 which provided additionalinformation regarding the petition. A supplemental acknowledgment letter to the petitioner in response to the 12/10/96 letter was issued on 2/6/97. The 2/6/97 letter informed the petitioner that the stnif's review of the petition would be placed on hold until all the relevant information in support of the petition (as alluded to in the 12/10/96 supplement) had been provided to the staff. In a letter dated 5/1/97, the staff informed the petitioner that we were renewing our review of his concems.- On 6/3/97, the petitioner provided a second supplement to the original petition. As a result of this additional information, the completion date was extended to 9/5/97, and then 9/30/97 to allow additional time for staff review.
Facility: Connecticut Yankee and Millstone Units 1. 2. and 3 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 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: 7/1/98 Last Contact with Petitioners: 9/12/97 Petition Manager: D. Mcdonald Case Attomey: R. Hoefling lasutts/ Action Requested: Petitioners request the staff to take the following actions:
(1) immediately suspend or revoke Northeast Utilities' (NU) license to operate the Connecticut Yankee (CY) and Millstone 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 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 t%partment 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 7
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 .eactors to exist and continue over a decade.
Current Status: The petitionv,s were contacted by telephone on 12/19/96 and informed that the 2.200 process is a public process. The videotape which was provided with the petition has been transcribed and placed in the NRC's Public Document Room and the local public document rooms. An acknowledgment letter was issued on 1/23/97. The staff indicated in the acknowledgment letter that D. Katz, President of CAN had been added to the NRC service lists for the Millstone and Haddam Neck facilities to assure that the petitioners receive NRC correspondence relevant to the petition. The staff also indicated in the acknowledgment letter that the petition, the supplemental information, and a transcript of the videotape had been sent to the NRC's Office of the inspector General (IG).
The staff received a letter dated 1/12/97 from CAN and NIRS expressing concem that the staff should not respond to the portions of the petition relating to the NRC staff, that the IG should be involved in those areas, and that the petitioners had not received the staff's acknowledgment letter. The petitioner was contacted on 1/28/97 and 2/4/97 to discuss the 1/12/97 letter. It was agreed that the acknowledgment letter had addressed the concems expressed in the 1/12/97 letter.
The petitioners were provided a status update letter 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 Haddam Neck. As a result, the completion date was extended to 8/31/97. The petitioners requested a copy of calculations perfomied by the licensee in response to an event resulting in a nitrogen bubble in the reactor vessel at the Haddam Neck plant. The petitioners assert that the calculations had not been performed in accordance with NRC requirements. The 8-
i calculations had been performed to determine the level of the water ,
t in the reactor vessel due to the nitro 9en bubble. The calculations were provided as an attachment to a status update letter to the !
petitioners dated 7/21/97. A partial Directors Decision (DD-97 21) -
was issued to the petitioners on 9/12/97. DD-97 21 partially granted some of the petitioners requests, Request (3) above was partially l deferred for the Millstone plants and will be addressed in a subsequent final Directors Deelslon, currently scheduled for 7/1/98. :
Facility: Vermont Yankee Petitioner: J. Block on behalf of Citizens Awareness Network, Inc, Date of Petition: 12/6/96 Directors Decision To Be issued by: NRR Date Referred to Review Organization: 1/23/97 .
EDO Number: GT96950 ;
OGC Number: P 96-027 Schaduled Completion Date: 9/30/97 Last Contact with Petitioner: 7/29/97 '
Petition Mana9er: V. Rooney 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) syh'em minimum flow valves. The petitioner raises a concem that the corrective action taken by the licensee in opening these valves may have introduced an unreviewed safety question with regard to containment isolation. The i second document is a CAN memorandum reviewing certain licensee event reports (LERs) submitted by the licensee on a vsriety of issues such as fire protection, tomado protection, thermal protection for piping lines, equipment operability and equipment testing.
Cunent Status: An acknowledgment letter was issued on 2/12/97. A draft Directors .
Decision has been prepared and is under staff review. 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 additional staff review of the draft Directors Decision. A status update letter was sent to the petitioner on 7/29/97.
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Facility: Millst9.De and Connecticut Yankee Petitioner: E. Hadley on behalf of A. Cizek Date of Petition: 3/3/97 Director's Decision To Be lasued by: NRR Date Referred to Review Organization: 3/17/97 EDO Number: GT97140 OGC Number: P 97-004 Scheduled Completion Date: 9/30/97 Last Contact with Petitioners: 8/7/97 Petition Manager. S. Reynolds Case Attomey: R. Hoofling issues / Action Requested: Petitioner proposes the operating licenses of Millstone Units 1,2, and 3 and Connecticut Yankee each be modified to include seven provisions. The fiist 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 attemate licensee to operate the facility during any suspension or revocation and would require the licensee to post a bond in the amount of $500,000,000 as reasonable assurance that this condition could be fulfilled.
Current Status: An acknowledgment letter was issued on 4/8/97. The petitioner submitted letters to the staff on 4/16/97 and 7/9/97 requesting the staff to hold a public hearing on the issues mentioned in the petition and, if this request was denied, provide the staff's reasons. The staff responded to the petitioner in a letter dated 8/7/97 denying the petitioner's request for an informal public hearing based on guidance provided in NRC Management Directive 8.11.
Facility: ConnectiquiYanket 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: 10/31/97 Last Contact with Petition 6a: 9/3/97 ,
Petition Manager M. Felitile Case Attomey: 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 hith 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 c.onduct routine maintenance of the facility without any contamination events for at least 6 months, and (3) placement of CY (Haddam Neck) on the NRC's " watch list."
Current Status: An acknowledgment le"er was issued on 4/3/97. In May 1997 the scheduled completion date was extended to 8/8/97 to allow time for additional staff review. The petitioner was contacted by telephone 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-9719) was issued on 9/3/97. DD 9719 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 10/31/97.
Facility: San Onofre Nucitar Generatina Station Petitioner: S. Dwyer Date of Petition: 4/25/97 Directors Decision To Be issued by: NRR Date Referred to Review Organization: S/2/97 EDO Number: GT97339 OGC Number: P 97-009 Scheduled Completion Date: 10/30/97 Last Contact with Petitioner: 9/4/97 Petition Manager: M. Fields Case Attomey: H. McGurren issues / Action Requested: Petitioner believes that San Onofre will not be able to withstand a major selsmic event due to the degradation of steam generator intemal tube supports, in addition, L
petitioner requests that a thorough investigation should be done in Unit 2 to find any corrosion of the steam generator intemal tube supports similar to that identified in Unit 3.
Further, petitioner requests that a general seismic evaluation upgrade should be done for the San Onofre steam generators and a retrofitting upgrade of the steam generator supports could be done at the same time.
Current Status: An acknowledgment letter was issued on 6/26/97 denying the petitioner's request to immediately shut down the San Onofre Nuclear Generating Station (SONGS).
Facility: San Onofre Nuclear Generatina Station Petitioner. P. Borchmann Date of Petition: 6/23/97 Director's Decision To Be Issued by: NRR Date Referred to Review Organization: 7/3/97 EDO Number GT97494 OGC Number. P 97-011 Scheduled Completion Date: 1/15/98 Last Contact with Petitioner: 7/25/97 Petition Manager. B. Westreich Case Aitomey: H. McGurren issues / Action Requested: Demands that the NRC extend the current San Unofre Nuclear Generating Station (SONGS) Unit 3 refueling outage until all outstanding public safety concems are fally resolved including: (1) serious flaws in the SONGS emergency evacuation plans for both San Diego and Orange County; (2) undersized pressurizer; (3) SONGS mismanagement in loss-of-coolant accident (LOCA) dose calculations; (4) Unit 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 enticality as degradation of materials occurs and break up of pool during a seismic event; (6) the condition of the spent fuel pool waterproof membrane is unknown; (7) NRC has failed to establish requirements and procedures for licentee monitoring any leaks in the spent fuel pool; (8) local population will not respond to an emergency at SONGS because of conditioned response to military training at Camp Pendleton or becobse oflack of attention due to listening to tapes or compact disks; (9) reliance on civilian personnel to respond to an emergency; (10) no safe disposal plan exists for the spent fuel from SONGS;
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O (ii) SONGS and Southem Califomia Edison are more interested in profit than safety; and (12) quesMons regarding SONGS increase in liability insurance.
Current Status: The petition manager contacted the petitioner by telephone on 7/25/97 to discuss the status of the petition. An acknowledgment letter is being drafted.
Facility: M9dtitHLRtaltpf_gwer Company Petitioner. G. Crocker, Prairie Island Coalition Date of Petition: 8/26/97 Directer's Decision To Be lasued by: NRR Date Referred to Review Organization: 9/2/97 EDO Number: GT97632 OGC Number. P 97-012 Scheduled Completion Date: 1/30/08 Last Contact with Petitioner:
Petition Manager. W. Rockley Case Attomey: L. Clark issues / Action 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 material issues regarding the maintenance, unloading, and decommissioning processes and procedures, as described in this petitiun and a previous petition submitted by the Prairie Island Indian Community, have been adequately addressed and resolved, and until the maintenance and unloading procedures in question are safely demonstrated under the scrutiny of intiependent third party review of the TN-40 cask seal maintenance and unloading procedure; (2) determins that NSP violated 10 CFR 72.122(f) by using a cask design that requires periodic seal maintenance and emergency seat 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 placed into the pool for necessary maintenance and/or unloading procedures, while such placement will prematurely degrade the fuel and pose operational safety problems with respect to its ultimate and necescary 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 unfoad and decommission the TN-40 casks; (5) determine that NSP violated 10 CFR 72.130 by using the TN-40 cask and falling to
I 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 falling 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 deliberately and knowlingly submitting incomplete and inaccurate material information regarding maintenance and unloading of TN 40 casks in their ISFSI application and in subsequent submissions regarding cask maintenance and unloading issues, (8) require NSP to pay a substantial penalty for ,
each cask loaded in violation of NRC regulations; (g) administer such other sanctions for the above violations of NRC regulations as the NRC deems necessary and appropriate; (10) provide petitioner the opportunity to participate in a public review of maintenance, unloading, at.J decommissioning processes and procedures in question and an opportunity to comment on draft findings after investigation by the NRC; (11) order modification of NSP's technical specifications to ensure a demonstrated ability to safely maintain, unload, and decommission TN 40 casks; and (12) review NSP's processes and procedures for maintenance, unloading, and decommissioning, and if NSP does not possess capability to unload casks, order NSP to build a hot shop" for air unloading of casks and transfer of the fuel.
Pursuant to 5 U.S.C. 553(e), petitioner also requests a formal rulemaking proceeding to: (1) solicit information and review current information regarding thermal shock and corrosion inherent in dry cask storage and usage and to define the parameters of degradation acceptable under 10 CFR 72.122(h); (2) define the parameters of retrievability required under 10 CFR 72.122(l); and (3) amend current licenses and rules for prospective licensing proceedings to require demonstration of a safe cask unloading ability before a cask may be used at an ISFSI.
Current Status: An acknowledgment letter is being drafted.
END OF STATUS REPORT
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Attachment 2 .
Decisions Pending Before the Commission and the Courts Petitioner: Prairie Island Indian Community Facility /EDO No.: Prairie Island Nuclear Generatina Station /GT97414 Decision Nol(Date): DD 9718 (8/29/97) (Final)
Comments: Denied. ,
Petitioners: Bassilakis, Citizens Awareness Network and Gunter, Nuclear infomiation and Resource Sewice Facility /EDO No.: Qpanuticut Yankee /GT97181 Decision Nol(Date): DD-9719 (9/3/97) (Partial)
Comments: Petitioners request for a civil penalty has been deferred and will be the subject of the final Directors Decision. The remaining (9 quests were denied.
Petitioner: Saporito Facility /EDO No.: Iurkov Pt. and St. Lucle/GT97311 Decision Nol(Date): DD 97 20 (9/8/97) (Final)
Comments: Petitioners request for an interview regarding the substance of the petition was granted. The remaining requests were denied.
Petitioner: Katz, Citizens Awareness Network and Gunter, Nuclear Information and Resource Service Facility /EDO No.: Connecticut Yankee and Millstone 1. 2. and 3/GT96919 Decision Nol(Date): DD 97 21 (9/12/97) (Partial)
Comments: Petitioners requests were partially granted. The request for action following completion of the wrongdoing investigation has been deferred and will be the subject of the final Directofs Decision.
Petitioners: Ma and Zheng Facility /EDO No.: NationalInstitutes of Health /721 Decision Nol(Date): DD 97 22 (9/17/97) (Final)
Comments: Granted in part. Denied in part.
END OF DECISIONS PENDING