ML20212C991
| ML20212C991 | |
| Person / Time | |
|---|---|
| Issue date: | 10/24/1997 |
| From: | Zimmerman R NRC (Affiliation Not Assigned) |
| To: | Callan L NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML19313D030 | List: |
| References | |
| 2.206, NUDOCS 9710300236 | |
| Download: ML20212C991 (15) | |
Text
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October 24, 1997 MEMORANDUM TO: L. Joseph Callan Optive Director for Operations FROM: Roy P. Zimmerman ORIG SIGNED BY:
Associate Director for Projects Office of NucIsar Reactor Regulation
SUBJECT:
SEPTEMBER 1997 REPORT ON THE STATUS OF PUBLIC PETITIONS UNDER 10 CFR 2.206 The attached monthly report reflects the status of 10 CFR 2.206 petitions as of the end of September 1997. This report may not reflect changes in status that have occurred since petition managers submitted data on the September status. Attachment 1 gives the status of petitions before the Offices of Nuclear Material Safety and Safeguards and Nuclear Reactor Regulation. Attachment 2 lists decisions before the Commission and the courts. Attachment 3 lists other sensitive matters which are for intemal distribution only.
By issuing the monthly report on the status of pending 10 CFR 2.206 petitions, the staff is documenting its responsiveness to petitioners.
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 bu!!etin 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 ec w/atts: H. L. Thompson, EDO R. L Cangart, 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
, E K. D. Cyr, OGC L. J. Chandler, OGC
@@4 S. J. Collins, NRR C. J. Paperiello, NMSS W. F. Kane, NMSS Regional Administrators D- J. Lieberman, OE jj o E. Julian, SECY OCA OPA g
ho 88 CCNTACT: Janet Kennedy, NRR b g)/TL 4
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Distribution:
Central Files M. Mattia/NMSS P.Lohaus P. Anderson /EDO
! PUBLIC w/att 1 & 2 only (Att 3 is "NOT FOR EXTERNAL DISTRIBUTION") B. Boger l 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 receive a copy of this document, Indicate in the box: "C" = Copy without attachment / enclosure "E" = Copy with attachment / enclosure "N"a No copy DOCUMENT NAME: G:\OCT97RPT.WP gg g 3 {,u OFFICE PM:PD41 E LA:PD31 E NMSS:RMB E ADPR:NRR El NAME- J.KennedyJX. C. Jamersonfm M. Mattia R.P. Zimmer! pan DATE 10/6 97 10//t/97 d 10/14/97(e) 10J/97 (WC' l 4 OFFICIAL REGORD COPY (e) e-mail concurrence q 7- 3 M g.,;6thNL / / D -, .!,I,i .bI.
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- October 24, 1997 MEMORANDUM TO: L. Joseph Callan Executive Director for Operations O '
FROM: Roy P. Zimmerman / I Associate Director fo r jects Othee of Nuclear R rR tion
SUBJECT:
SEPTEMBER 1997 REPORT ON THE STATUS OF PUBLIC PETITIONS UNDER 10 CFR 2.206 The attached monthly report reflects the status of 10 CFR 2.206 petitions as of the end of September 1997. This report may not reflect changes in status that have occurred s!nce petition managers submitted data on the Sapternber status. Attachment 1 gives the status of '
petitions before the Offices of Nuclear Material Safety and Safeguards and Nuclear Reactor Regulation. Attachment 2 lists decisions before the Commission and the courts. Attachment 3 lists other sensitive matters which are for intomal 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.
l To enhance staff respons!veness to the public, those parts of the monthly report not of a '
sensitive nature will be placed in the Public Document Room a )d on the electronic 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 A. C. Thadani, EDO G. P. Caputo, 01 P. G. Norry, EDO J. F, Cordes, Jr., OCAA i 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 l CONTACT: Janet Kennec'y, NRR 415-3267 l
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Report on Status of Public Petitions Under 10 CFR 2.206 l
September 1997 Contents
- Page FacMy Petitioner /EDO % h Advanced Medical Systems, Inc. Northeast Ohio Regional Sewer District /10395 1 l Millstone Galatis et al./603 2,14 I NationalInstitutes of Health Ma and Zheng/721 13 I Norther 1 States Power Company Independent Florence Township /GT96669 Sps
- Fuel Stora9e Installation /GT96670 13 San ur 're Nuclear Generating Station Dwyer/GT96778 13 Connect ., ; Yankee and Millstone Katz, Citizens Awareness Network /GT96919 4,13 Vermont Yankee Block, Citizens Awareness Network /GT96950 6,13 Millstone and Connecticut Yankee Hadley/GT97140 7 Connecticut Yankee Bassilakis, Citizens Awareness Network /GT97181 8 San Onofre Nuclear Generating Station Dwyer/GT97339 9 San Onofre Nuclear Generating Station Borchmann/GT97494 9 Northem States Power Company Crocker, Prairie Island Coalition /GT97632 10
- includes Attachments 2 and 3. 4
Attachment 1 Report on Status of Public Petitions Under 10 CFR 2.206 Facility: Advanced Medical Systems. Inc.
Petitioner: Northeast Ohio Regional Sewer District .
Date of Petition: 8/19/94 Directors Decision To Be lasued 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): 8/19/97 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 completed its research of Picker Corporation's (previous licensee) license file to establish use/ discontinuance of flow rate alarms in the 1970s. On 12/29/94 the Sewer District requested a license renewal hearing per Subpart L,10 CFR 2.1205. The staff met on 3/14/95 to discuss the petition. The scheduled completion date was delayed in June 1995 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 staff's review. The staff provided status updates to the petitioner by telephone on 5/30/95, 8/1/95,10/3/95,12/4/95, 2/12/96,4/16/96,6/18/96, 8/20/96, 10/22/96, and 12/20/96. The completion date was extended in January 1997 to 3/30/97 to allow for the staffs review of the draft Directors Decision. The staff requested the petitioners views ,
regarding the impact of a settlement agreement on the petition by letter dated 2/3/97. The petitioners letter dated 3/4/97 indicated that the petitioners requests are not completely covered by the settlement agreement, and the petition remains relevant. The completion date was extended in March 1997 to 7/30/97 to allow time for license renewal proceedings. 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 1
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and hearing process. As a result, the completion dat'is being extended until 4/10/98.
Facility: Millstone 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 Date Referred to Review Organization: 8/30/95 EDO Number: 603 OGC Number: P 95-015 Schedulad Completion Date: 11/15/97 Last Contact with Petitioner (s): 8/25/97 Petition Manager: S. Dembek Case Attomey: R. Hoefling issues / Action Requested: The petitioners allege that Northeast Utilities (NU) has offloaded more fael assemblies into the spent fuel pool than permitted under License Amendments 39 and 40; that NU has knowingly operated Millstone in violation of its operating licenses; and that NU has submitted material false statements. Petitioners seek institution of a
, proceeding to suspend the operating license for Millstone Unit 1 for 60 days after the unit is brought into compliance with the license and the design basis, in addition, the petitioners request that the operating license be revoked until the facility is in full compliance with the terms and conditions of its license; before reinstatement of the license, a detailed independent analysis of the offsite dose consequences of totalloss of spent fuel pool water be conducted; that enforcement action be taken against NU pursuant to 10 CFR 50.5 and 50.9; that actions be taken regarding a proposed license amendment pending before the Commission wherein Nu seeks to increase the amount of spent fuelit 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, Mr. Galatis raises additional concems. These concems are that NU also committed violations by offloading more than one third of a core of fuel at Millstone Units 2 and 3 and Seabrook Unit 1. In addition, with regard to Millstone Unit 3, Mr. Galatis is concemed that NU submitted a material false statement to the NRC associated 2-
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' with a license amendment and that an unanalyzed condition exists with regard to system piping for full-core offload events. Wth regard to Seabrook Unit 1, Mr. Galatis is concemed about technical specification violations ossociated with a crit lcality analysis. Finally, the petitioners make the additional request that a public hearing be held in the vicinity of Millstone Unit 1 to penait comment by the public on the issues raised in the petition.
i Current Status: Northeast Utilities (NU) voluntarily provided its response to the 8/21/95 letter on 9/22/95 and to the 8/28/95 supplement on 10/11/95.
On 9/22/95, the staff contacted 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 (IG) as well as independe,11 NRC reviews. The staff also informed the petitioner that if he wanted to intervene in the Mllistone Unit i spent fuel pool amendment, he had until 9/29/95 to do so. The acknowledgment letter was issued on 10/26/95.-
The staff onmpleted 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 because of technicalissues requiring further staff review. On 2/1/96 and 4/9/96, the staff issued status update letters to the petitioner. On 2/5/96, a 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 petiticn.
However, the staff did not identify any significant new safety issues requiring further staff action. On 4/12/96 the staff mailed the petitioners and the licensee an advance copy of the 4/8/96 meeting transcript. On 4/24/96 the staff mailed the petitioners the official ,
transcript. !
On 6/7/96 the staff issued a status update letter to the petitioners.
The update letter included a 5/21/96 report on the NRC's survey of refueling practices and a 5/17/96 letter kom NU that answered an 4 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 poolissues. The completion date was extended in August 1996 to 10/31/96, and again in October 1996 to
l 5/31/97 to allow for additional staff review On 9/19/96 the staff issued a status update letter to the petitioners and sent the 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 wh!ch included an example of a 10 CFR 50.540 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 Director's 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 Director's 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 l to allow for completion of the Ol review, On 6/30/97, the staff issued I a status update letter to the petitioners. In a letter dated 7/9/97, the petitioners requested that the informal public hearing be reconvened 1 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 6.11. " 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: Connecticut Yankee and Millstone Units 1. 2. and 3 Petitioners: D. Katz, Citizens Awareness Network and P. Gumer 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
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OGC Number. P 96-026 Scheduled Completion Date: 7/1/98 Last Contact with Petitioners: 9/12/g7 Petition Manager: D. Mcdonald .
Case Attomey: R. Hoefling issues / Action Requested: Petitioners request the staff to take the following actions: j (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 concoming engineering calculations and other information or actions relied upon to l assure the adequacy of safety systems at CY and Millstone; j
(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 rusctors off-line pending a Department of Justice independent investigation; (4) if the reactors remain operating, petitioners request that they remain on the hRC's " watch list"; (S) keep CY and Millstone off-line until NU's eionic mismanagement has been analyzed, remedia! 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, Current Status:
The petitioners were contacted by telephone on 12/19/96 and !
informed that the 2.206 process is a public proces.. The videotape l 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 acknowiedgment letter that D. Katz, President of CAN had been acded to the NRC service lists for the Millstone and Haddam Neck facilities to assure that the petitioners receive NRC l correspondence relevani to the pedion. The staff also indica'ad in the sanowledgment letter that the petition, the supplementai 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 5-
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of the petition relating to the NRC staff, that the IG should be I involved in those areas, and that the petitioners had not received the staffs acknowledgment letter. The petitioner was contacted on 1/28/97 and 2/4/97 to discuss the 1/12/97 letter. It was agreed that the acknowledgment letter had addressed the concems expressed in the 1/12/97 letter.
The petitioners were provided a status update letter 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 performed by the licensee in response to an event resulting in a nitrogen bubble in the reactor vessel at the Haddam Neck plant. The petitioners assert that the calculations had l
not been performed in acco-dance with NRC requirements. The calculations had been perfor ned to determine the level of the water in the reactor vessel due to the nitrogen bubble. The calculations were provided as an attachment to a status update letter to the petitioners dated 7/21/97. A piirtial 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 ,
deferred for the Millstone plants and will be addressed in a '
subsequent final Directors Decision, currently scheduled for 7/1/98.
Facility: Vermont Yankee Petitioner: J. Block on behalf of Citizen; Awareness Network, Inc.
l Date of Petition: 12/6/96 l Directors Decision To Be issued by: NRR Date Referred to Review Organization: 1/23/97 EDO Number: GT96950 OGC Number: P-96-027 Scheduled Completion Date: 12/31/97 Last Contact with Petitioner, 10/8/97 Petition Manager: V.Rooney Case Attomey: R. Hoefling issues / Action Requested: Petitioners request the staff to evaluate two memoranda conceming the Vermont Yankee (VY) nuclear power station and take enforcement action, if it is warranted, based upon
the information containeo therein. The first document is a Citizens Awareness Network (CAN) memorandum reviewing information presented by the licensee at an enforcement conference involving the VY residual heat removal (RHR) system 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 second document is a CAN memorandum reviewing certain licensee event reports (LERs) submitted by the licensee on a variety of issues such as fire protection, tomado protection, thermal protection for piping lines, equipment operability and equipment testing.
Current Status: An acknowledgment letter was issued on 2/12/97. A status update
, letter was sent to the petitioner on 5/1/97. The completion date was ,
extended in June 1997 to 8/12/97, and again in July 1997 to 9/30/97 to allow time for additional staff review of the draft Director's Decision. A status update letter was sent to the petit!oner on 7/29/97, t
A partial D&ectors Decision (DD 97 25) was issued on 10/8/97. DD-97-25 addreced the staff s review of the LERs which had been closed. A final Directors Decision will be issued following review of the LERs that remain open at this time, i
l Facility: Millstone 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: 10/31/97 Last Contact with Petitioners: 8/7/97 Petition Manager: S. Reynolds Case Attomey: R. Hoefling lasues/ 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 first four provisions would j 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 dayc. The fifth provision would specify that the operating
license be revoked if within 5 years of a license suspension (based on the first four provisions) after three additional violations are issued. The sixth provision would specify that the facility could not be operated pending any appeals to the revocation. The seventh provision would establish a mechanism for NRC to designate an appropriate altomate licensee to operate the facility during any suspension or revocation and would require the licenses to post a bond in the amount of $500,000,000 as reasonable assurance that this condition could be fulfkd.
Current Status: An acknowledgment letter was issued on 4/8/97.1he petitioner l submitted letters to the staff on 4/16/97 and 7/9/97 requesting the l staff to hold a public hearing on the issues mentioned in the petition and, if this request was denied, provide the staffs reasons. The staff responded to the petitioner in a letter dated 8/7/97 denying the petitioner's request for an informal public hearing based on guidanos provided in NRC Management Directive 8.11. The completion date was extended in September 1997 to allow time for staff review of the draft Director's Decision.
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 Disctor'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: 10/31/97 Last Contact with Petitioners: 9/3/97 Petition Manager: M. Fairtile Case Attomey: M. Rafky issues / Action Requested: Petitioners request (1) that the NRC commenci enforcement action against Connecticut Yankee (CY) by meca.s 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 decontaminstion, until CY manages to conduct 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 letter was issued on 4/3/97. In May 1997 the scheduled completion date was extended to 8/8/97 to allow time for additional staff review. The petitioner was contacted by telephone 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 Nuclear Generating Station '.
Petitioner - 8. Dwyer Date of Petition: 4/25/97 Directors Decision To Be issued by: NRR Date Referred to Review Organization: 5/2/97 EDO Nu.aber: GT97339 OGC Number. P G A009 Scheduled Completion Dste: 10/30/97 Last Contact with Petitione. 9/4/97 Petition Manager. M. Fields Case Attomey: H. McGurren issues / Action Requested: Petitioner believes that San Onofre will not be able to l withstand a major seismic event due to the degradation of steam generator intomal tube supports. In addition, petitioner requests that a thorough investigation should be done in Unit 2 to find any corrosion of the steam generator ;
intomal tube supports similar to that identified in Unit 3. !
Further, petitioner requests that a general seismic
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evaluation upgrade should be done for the San Onofre j 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 petitioners 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 1
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i Director's Decision To Be issued by: NRR Date Referred to Review Organization: 7/3/97 EDO Number: GT97494 OGC Number: P-97-011 Scheduled Completion Date: 1/15/98 '
Last Contact with Petitioner: 9/22/97 Petition Manager: B. Westreich Case Attomey: H. McGurren lasues/ Action Requested: Demands that the NRC extend the current San Onofre Nuclear Generating Station (SONGS) Unit 3 refueling i outage until all outstanding public safety concems are fully '
resolved including: (1) serious flaws in the SONGS emergency evacuation plans for both San Diego and Orange County; (2) undersized pressurizer; (3) SONGS mismanagement in loss of coolant accident (LOCA) dose calculations; (4) Unit 1 spent fuel pool is not designed for permanent storage; (5) high density racks in Units 2 and 3 spent fuel pools increase the probability of accidental criticality as degradation of 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 licensee monitonng sny leaks in the spent fuel pool; (8) local population will rot respond to an emergency at SONGS because of conditioned response to military training at Camp Pendleton or because 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; (11) SONGS and Southem Califomia Edison are more interested in profit than safety; and (12) questions regarding SONGS increase in liability insurance.
- Current Status: The petition manager contacted the petitioner by telephone on 4
7/25/97 to discuss the status of the petition. An acknowledgment letter was issued on 9/22/97.
Facility: Northern States Power Company Petitioner: G. Crocker, Prairie Island Coalition Date of Petition: . 8/26/97
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i Director's Decision To Be issued by: NRR Data Referred to Review Organization: 9/2/97 EDO Number: GT97632 OGC Numben P-97-012 Scheduled Completion Date: 1/30/98 Last Contact with Petitioner: 10/2/97 Petition Manager: W. Reckley
< Case Attomey: L Clark lasues/ 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 l lasues regarding the maintenance, unloading, and decommissioning processes and procedures, as described in this petition and a previous petition submitted by the Prairie Island Indian Community, have been adequately addressed and resolved, and until the maintenance and
, unloading procedures in question are safely demonstrated under tta scrutiny of independent third party review of the :
TN 40 e ask seal maintenance and unloadireg procedure; (2) detr.11ne that NSP violated 10 CFR 72.122(f) by using a cask design that requires periodic seal maintenance and emergency seal replacement that must be performed in the plant storage pool; (3) determine that _NSP violated 10 CFR 72.122(h) by using a cask ' hat 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 necessary removal from dry cask storage; (4) determine that NSP violated 10 CFR 72.122(l) by loading casks and storing them under their license before it had procedures adequate to safely unload and decommission the TN 40 casks; (5) determine that NSP violated 10 CFR 72.130 by using the TN 40 cask and falling to make provisions capable of accorrplishing the removal of radioactive wastes and contaminated materials at the time the ISFSI is permanently decommissioned; (6) determine that NSP violated 10 CFR 72.11 by failing to provide and include complete and accurate material information regarding maintenance and unloading of TN 40 casks in their ISFSI application and in subsequent submissions regarding cask maintenance and unloading issues; (7) determine that NSP violated 10 CFR 72.12 by 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
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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, j and decommissioning processes and procedures in question and an opportunity to comment on draft findings after investigation by the NRC; (11) order modification of NSP's technical specifications to ensure a demonstrated i ability to safely maintain, unload, and decommission TN40 casks; and (12) review NSP's processes and procedures for l
' maintenance, unloading, and decommissioning, and if NSP does not possess capability to unload casks, order NSP to build a " hot shop" for air unloadino < < casks and transfer of the fuel. '
l Pursuant to 5 U.S.C. 553(e), petitioner also requests a l formal rulemaking proceeding to: (1) solicit informatlan 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 ISFSt.
Current Status: The petitioner was informed during a telephone conversation on 9/8/97 that the 2.206 process is a public process. An acknowledgment letter was issued on 10/2/97. The acknowledgment letter informed the petitioner that the staff would process the last three requests in the petition in accordance with 10 CFR 2.802,
" Petition for Rulemaking."
END OF STATUS REPORT
Attachment 2 Decisions Pending Before the Commission and the Courts 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 No./(Date): DD 97 21 (9/12/97) (Partial)
Comments: Petitioner's 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 Director's Decision, i Petitioners: Ma and Zheng Facility /EDO No.: NationalInstitutes of Health /721 Decision No./(Date): DD-97 22 (9/17/97) (Final)
Comments: Granted in part. Denied in part.
Petitioner: Dwyer Facility /EDO No.: San Onofre Nuclear Generatina Station /GT96778 Decision No./(Date): DD 97 23 (9/19/97) (Final)
Comments: Denied.
Petitioner. Florence Township, MN Facility /EDO No.: Northern States Power Company Independent Fuel Storano latiallation/GT96669/GT96670 Decision No./(Date): DD-97-24 (9/26/97) (Final)
Comments: Denied.
Petitioner: Block on behalf of Citizens Awareness Network, Inc.
Facility /EDO NO.: Vermont Yankee /GT96950 Decision No/(Date): DD-97 25 (10/8/97) (Partial)
Comments: Granted in part. Denied in part.
END OF DECISIONS PENDING
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