ML20236Q231
| ML20236Q231 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 07/10/1998 |
| From: | Boger B NRC (Affiliation Not Assigned) |
| To: | Callan L NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML20014A708 | List: |
| References | |
| 2.206, DD-98-04, DD-98-4, NUDOCS 9807200086 | |
| Download: ML20236Q231 (20) | |
Text
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July 10,1998 i
MEMORANDUM TO: L. Joseph Callan l
Executive Director for Operaticns Original Signed by:
l FROM:
Bruce A. Boger Acting Associate Director for Projects Office of Nuclear Reactor Regulation
SUBJECT:
JUNE 1998 REPORT ON THE STATUS OF PUBLIC PETITIONS UNDER 10 CFI; 2.206 The attached monthly report reflects the status of 10 CFR 2.206 petitions as of June 30, 1998. The petition on Millstone (GT980070) for which the DD-98-04 became a final agency action on 6/25/98 is closed. Also the petition on Babcock & Wilcox (G980224) had been closed per NMSS-PRB meeting decision taken on April 22,1998, since the petiton did not qualify to be treated as a petition under 10 CFR 2.206.
Attachments 1,2, and 3 give the status of petitions for the Llfices of Nuclear Material Safety and Safeguards and Nuclear Reactor Regulation. Attachment 1 includes only petitions with status chanae from the orevious uodate. Attachment 2 includes petitions with no status change from the previous update, and Attachment 3 lists otlier sensitive matters, which are for internal distribution only. Please note that Attachrnent 1 also includes first time additions to the list of petitions.
By issuing the monthly report on the status of pending 10 CFR 2.206 petitions, the staff is documenting its responsiveness to petitioners. Those parts of the monthly report not of a sensitive nature will be placed in the Public Document Room and are intended to be a link on the NRC external home page, making them readily accessible to the public. However, this feature is :urrently not in operation.
Attachments:
- 1. List of Public Petitions Under 10 CFR 2.206 with Status Chanae from previous month.
- 2. Report on Status of Public Petitions with No Status Change from previous month.
- 3. Decisions Pct Jing Before the Commission and the Courts.
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%R J. Blaha, EDO J. R. Goldberg, OGC D UJ K. D. Cyr, OGC, L. J. Chandler, OGC S. J. Collins, NRR C. J. Paperiello, NMSS L, Ll-l b 2 W. F. Kane, NMSS Regional Administrators g
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NUCLEAR REGULATORY COMMISSION 2
WASHINGTON. D.C. ensam mg Duly 10,1993 1
MEMORANDUM TO: L. Joseph Callan Executive Director for Operations FROM:
Bruce A. Boger Mk
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Acting Associate Director for Projects Office of Nuclear Reactor Regulation l
SUBJECT:
JUNE 1998 REPORT ON THE STATUS OF PUBLIC PETITIONS UNDER 10 CFR 2.206 The attached monthly report reflects the status of 10 CFR 2.206 petit!ons as of June F 1998. The petition on Millstone (GT980070) for which the DD-98-04 became a fine agency action on 6/25/98 is closed. Also the petition on Babcock & Wilcox (G980224) had been closed per NMSS PRB meeting decision taken on April 22,1998 since the petiton did not qualify to be treated as a petition under 10 CFR 2.206.
Attachments 1,2, and 3 give the status of petitions for the Offices of Nuclear Material Safety and Safeguards and Nuclear Reactor Regulation. Attachment 1 includes only petitions with status chanae from the orevious uodate. Attachment 2 includes petitions with no status change from the previous update, and Attachment 3 lists other sensitive matters, which are for intemal distribution only. Please note that Attachment 1 also includes first time additions to the list of petitions.
By issuing the monthly report on the status of pending 10 CFR 2.206 petitions, the staff is I
documenting its responsiveness to petitioners. Those parts of the monthly report not of a sensitive nature will be placed in the Public Document Room and are intended to be a link on the NRC external home page, making them readily accessible to the public. However, this feature is currently not in operation.
Attachments:
- 1. List of Public Pctitier.s Under 10 CFR 2.206 with Status Chanog from previous month.
- 2. Report on Status of Public Petitions with No Status Change from previous month.
- 3. Decisions Pendng Before the Commission and the Courts.
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cc w/atts:
H. L. Thompson, EDO R. L. Bangart, OSP W. Travers, D:SPO G. P. Caputo, O!
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: Ram Subbaratnam, NRR 415-1478 9
I, M:m:rcndum dated: May 10.1998
,. Distribution:
Central Files P. Lohaus P. Anderson /EDO W. Travers /SPO B. McCabe E. Adensam F. Cameron /OGC M. Thadani B. Clayton PDil-1 r/f T. Essig B. Clayton P. Goldberg/NMSS B.Boger J. Zwolinski E. Baker /OD M Stein /OE P.T. Kuo R. Subbaratnam PUBLIC w/ett 1 & 2 only (Att 3 is "NOT FOR EXTERNAL DISTRIBUTION")
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Report on Status of Public Petitions Under 10 CFR 2.206 with Status Change from Previous Update June 30,1998 Page Facility Petitioner /EDO No.
hkL Vermont Yankee
- Citizens Awareness Network /G 980358.................... 3 Envirocare of Utah, Inc.
Cochran, Natural Resources Defense Council /GT970863...... 4 San Onofre Nuclear Generating Station Borchmann/GT97494................. 5 St. Lucie/ Turkey Point Saporito, National Litigation Consultants / multiple GTs........... 6 Vermont Yankee D aly/G 9 802 3 3........................... 7 San Onofre Nuclear Generating Station D wyer/GT973 3 9........................ 8 Philadelphia VA Medical Center Lovell, Ann /G980069................. 9 Haddam Neck Block, CAN/G980168...............10 D.C. Cook, Units 1 and 2 Lochbaum/GT97 7 24................. 1 1 Key:
Denotes addition to the petition list from previous update 1
Report on Status of Public Petitions Under 10 CFR 2.206 with No Status Change from Previous Update
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June 30,1998 Commonwealth Edison Company Robarge, National Whistle Blower Center /G9 8 01 8 5.................................. 1 2 Advanced Medical Systems, Inc.
Northeast Ohio Regional Sewer District /ED010 3 9 5............................. 13
. Millstone Galatis, We the People, I nc./E D O 6 03...................................... 14 Connecticut Yankee and Millstone Katz, Citizens Awareness Net wo r k( CAN)/GT 96 919...................... 15 Connecticut Yankee Bassilakis, CAN!GT97181......................16 Browns Ferry 1 Lochbaum/G9 8 019 9.............................. 1 7 2
i Report on Status of Public Petitions Under 10CFR 2.206 with Status Chango from Previous Update
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Facility:
Vermont Yankee Nuclear Power Station Petitioner:
Citizens Awareness Network Date of Petition:
5/27/98 l
Director's Decision To Be issued by:
.NRR Date Referred to Review Organization:
6/2/98 EDO Nurcar:
G980358 OGC Number:
Scheduled Completion Dato:
7/10/98 (Immediate response)
Last Contact with Petitioner:
6/10/98 Petition Manager:
R. Croteau issues / Action Requested:
Immediate enforcenient acti)n by suspending the operating license until the entire facility has been subjected to an independen. 3fety analysis review similar to the one conducted at Maine Yankee
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Atomic Power Station. As an alternative, prior to restart: 1) Require VY management to certify under oath that all back-up safety systems and all security systems are fully operable, and all safety systems and security systems meet and comply with NRC requirements. 2) VY be held to
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compliance with all of the restart criteria and protocols in the NRC Manual. 3) VY only be allowed l
to resume operations after the NRC has conducted a " vertical slice" examination of the degree to which the new design basis documents (DBDs) and FSAR accurately describe at least two of the primary safety systems for the VY reactor. 4) Once operation resumes, VY only be allowed to continue operation for so long as it adheres to its schedule for coming into compliance and completing the DBD and FSAR project. 5) NRC hold a public hearing prior to restart to discuss the changes to the torus, VY DBD and FSAR projects, and VY scheduled completion of those projects in relation to operational safety.
Background:
The request was based on 50.72 reports and other information already available to the NRC. No new issues were presented. The plant restarted from the outage prior to receiving this request in NRR.
Current Status:
l Immediate response is in concurrence denying the request for immediate action. The licensee will be requested to address the issues raised by the petitioner. Following the licensee's response, a l
director's decision will be prepared.
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Facility:
Envirocare of Utah. Inc.
Petitioner:
T. Cochran, Natural Resources Defense Council (NRDC)
Date of Petition:
12/12/97 j
Director's Decision To Be issued by:
NMSS Data Refarred to Review Organization:
12/18/97 i
EDO Number:
GT970863; GT980293 OGC Number:
P-97-014 Scheduled Completion Date:
8/31/98 Last Contact with Petitioner:
5/20/98 Petition Manager:
H. Lefevre Case Attorney:
H. McGurren issues / Action Requested:
Immediate NRC investigation and suspension of Envirocare's license, l
Background:
j The Petitioner was contacted by telephone on 12/18/97 and informed of NRC's receipt of the petition. NRC's letter of 12/31/97 to Mr. Charles Judd of Envirocare requires that the
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licensee do the following: (1) respond to each of the issues raised in the petition, (2) advise the NRC whether it intends to enforce its Employment Agreement against current and former employees who have engaged, or do engage, in protective activitics cognizable under Section 211 of the Energy Reorganization Act (Section 211) and other employee protection statutes, and (3) respond to inconsistencies in its employee protection policies as identified in NRC's 12/08/97 letter, j
l NRDC's 1/21/98 response to NRC's 1/16/98 letter provided the names of 11 individuals who may have knowledge of current and former employees who feel threatened by Envirocare.
The staff issued, on 5/13/98, letters to three law firms and the State of Utah confirming that the identified individuals had responded with the requested information or otherwise. The Petitioner submitted another petition on 5/06/98. The Petition Review Board (PRB) in its 5/19/98 board meeting determined that it providad no new information. The board decided that the 5/06/98 petition (EDO Control: G98620^; wouia oe gn ped with the existing petition of 12/12/97. The Petitioner was informed by voice mail on 5/20/98 of NRC's receipt of the 5/06/98 petition and an acknowledgment letter was issued on 6/9/98.
Current Status:
Evaluation of information gathered in anticipation of preparation of Director's Decision by the end of August 1998.
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m Facility:
San Onofre Nur'mGenerating Station Petitioner:
P. Borchmann Date of Petition:
6/23/97, 6/28/L., and 7/11/97, as supplemented 10/21/97 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:
6/5/98 Last Contact with Petitioner:
4/20/98 Patition Manager:
B. Westreich Case Attorney:
H. McGurren issues / Action Requesteo:
Demands that the NRC extend the curren: San Onofre Nuclear Generating Station (SONGS)
Unit 3 refueling outage until a!! outstanding public safety concerns 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 nas failed to establish requirements and procedures for licensee monitoring any leaks in the spent fuel pool; (8) local population will not respond to an emergency at SONGS because of conditioned response to military training at Camp Pendleton or because of lack of attention due to listening to tapes or compact disks; (9) reliance on civi'ian personnel to respond to an emergency;(10) no safe disposal plan exists for the spent fuel from SONGS; (11) SONGS and Southern California Edison are more interested in profit than safety; and (12) questions regarding SONGS increase in liability insurance.
Background:
The petitioner was contacted by talephone on 2/19/98 to discuss the status of the petition.
An acknowledgment letter to the original three letters which denied the petitioner's request for immediate action was issued on 9/22/97. The petitioner sent a response dated 10/21/97 to the 9/22/97 acknowledgment letter.
An acknowledgment letter to the 10/21/97 petitioner's letter was issued on 2/17/98.
Current Status:
The Director's Decision (DD-98-05) was issued on June 5,1998 as scheduled. This decision w!il become an final agency action on July 1,1998.
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l Facility:
St. I waa 1 & 2. Turkey Point 3 & 4
- Petitioners: -
T. Saporito, Jr. National Litigation Consultants Date of Petitions:
2/26, 2/27, 3/6, and supplemented 3/15, 3/17, 3/29, 3/30, and 4/4/98 Director's Decision To Be issued by:
NRR Date Referred to Review Organization:
3/2/98 EDO Numbers:
G980124/125, G980138, G980203/204/232 OGC Number:
P-98-003 Scheduled Completion Date:
10/28/98 Last Contact with Petitioners:
6/5/98 Petition Manager:
W. Gleaves Case Attorney:
S. Chidakel issues / Action Requested:
Petitioner rQuests the NRC (1) take escr.<aty; enforcement action, including modifying, suspending, or revoking FPL's operating licenses untilit demonstrates that there is a work environment which encourages employees to raise safety concerns directly to the NRC, and issuing civil penalties for violations of the NRC's requirements; (2) permit you to intervene in a public hearing regarding whether FPL has violated the NRC's employee protection regulations and require FPL to allow NLC to assist its employees in understanding and exercising their rights under these regulations: (3) conduct investigations and require FPL to obtain appraisals and third-party oversight in order to determine whether its work environment encourages emp!cyees to freely raise nuclear safety concerns; (4) Inform all employees of their rights under the Energy Reorganization Act and NRC's regulations to raise such concerns; and (5) establish a website on the Internet to allow employees to raise concerns to the NRC.
Background:
The Petition Review Board met on March 19,1998, to discuss the ongoing proceeding. The staff intends to group a large number of issues into specific categories and address each category. The acknowledgment letter and Federal Realster notice were issued on May 4, 1998.
01 issues will be forwarded to 01 for their action. The licensee has been requested to address the individual issues, within the limits of privacy for named Individuals.
Current Status:
Responses from'the Region ll Office and from Florida Power & Light are expected in the second week of July. In the interim, the Division of Reactor Projects is in the process of addressing, by separate letter, comments by the Petitioner that did not meet the criteria for consideration under 10 CFR 2.206. These comments included a request for NRC to provide a vehicle on the internet by which licensee personnel could submit safety concerns, and a request for leave to intervene in public hearings.
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Facility:
Vermont Yankee Nucler2r Power Station M. Daly. New En9 :ad Coalition on Nuclear Pollution, Inc.
Petitioner:
1 Date of Petition:
4/10/98 Director's Decision To Be issued by:
NRR Date Referred to Review Organizati:>n:
4/15/98 EDO Number:
G980233 OGC Number:
Scheduled Completion Date:
9/15/98
!.ast Contact with Petitioner:
5/13/98 Petition Manager:
R. Croteau Case Attorney:
H. McGurren issues / Action Requested:
The Petitioner requests that the NRC issue an order requiring that the licensee's more limiting administrative limits, which preclude Vermont Yankee Nuclear Power Station (Vermont Yankee) from operating with a torus water temperature above 80 F cr with service water injection water temperature greater than 50 F, shall remain in force until certain conditions are met. The conditions ir'clude a complete reconstitution of the licensing basis for the maximum torus water temperature, submittal to the NRC of a TS amendment request establishing the correct maximum torus water temperature, and completion of NRC review of the amendment request.
Background:
The current TS specify a maximum torus temperature of 100 F, however, the licensee determined that 90'F had been used as an input to the containtnent response analysis. The j
liccnsee then instituted administrative controls to limit torus temperature to 90'F while a TS
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change was prepared. While performing preliminary calculations and evaluations to verify the j
adequacy cf the 90"F limit, the licenses determined that it was necessary to further reduce the administrative limit to 80 F until the final analysis was completed. This issue was I
discussed with the licensee in a series of meetings on March 5, March 24, and April 7,1998.
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During the meetings the licensee indicated that the adequacy of a 99+ initial torus temperature would be confirmed and a TS amendment request would be. submitted before restart from the outage (May 1998).
The licensee intends to restart the plant, I
administratively courolling torus temperature to 90 F, while the NRC reviews the TS change.
PRB met on 4/16/98 and a letter denying the petitioner's immediate requast was issued on May 13,1998. The licensee has submitted the TS amendment specifying a torus water i
temperature limit of 90'F and the staff is reviewing the submittal.
Current Status:
Amendment is under review by the staff.
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Attachmerit 1 l
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Facility:
San Onofre Nuclear Generatina Station Petitioner:
S. Dwyer Date of Petition:
4/25/97 Director's Decision To Be issued by:
NRR Date Referred to Review Organization:
5/2/97 EDO Number:
GT97339 OGC Number:
P-97-009 Scheduled Completion Date:
6/12/98 Last Contact with Petitioner:
4/20/98 Petition Manager:
M. Fields Case Attorney:
H. McGurren issues / Action Requested:
Petitioner believes that San Onofre will not be able to withstand a major seismic event due to the degradation of steam generator internal tube supports. In addition, petitioner requests that a thorough investigation should be done in Unit 2 to find any corrosion of the steam generator internal 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.
Background:
An acknowledgment letter was issued on 6/26/97 denying the petitioner's request to immediately shut down the San Onofre Nuclear Generating Station. The staff's course of action involved reviewing tha inspection results of both units, most recently during mid cycle outages conducted in Feb-April,1998. Inspection findings are being finalized for issuance and will be used in the final Director's Decision. An acknowledgment letter was issued on 6/26/97 denying the petitioner's request to immediately shut down the San Onofre Nuclear Generating Station.
Current Status:
l The Director's Decision (DD-98-06) was issued on June 11, 1998, as schedu!ed. This l
decision will become an final agency action on July 6,1998.
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8 Attachm6nt 1
i Fr5:ility:
Philadalchia VA Medical Center Pe!itioner:
Ann Lovell Date of r'etition:
01/28/98 Director's Decision To Be issued by:
NMSS Date Referred to Review Organization:
2/4/98 EDO Number:
G980069 OGC Number:
P-98-001 Scheduled Completion Date:
8/14/98 Last Contact with Petitioner (s):
6/24/98 Petition Manager:
T. Taylor Case Attorney:
S. Chidakel Is!,ues/ Action Requested:
Request NRC to immediately suspend or revoke the NRC Operating License issued as they are operating in a manner in which there is potential to present a significant danger to medical center patients, staff, and the general public.
Background:
A copy of the Petition was provided to the Office of the Inspector General on 2/12/98. An acknowledgment letter was sent to the petitior.er on 2/27/98, and a Federal Reaister notice announcing the receipt of the Petition was filed with the Office of the Federal Register for publication. The Petition Review Board is scheduled to meet again on 6/8/98 to discuss the results of Region l's inspection of the licensee.
The Petition Review Board met on 2/10/98 to discuss the petition. A letter was sent to the VA Philadelphia on February 27,1998, informing them of receipt of the petition and requested theli views on the central concerns expressed by the petitioner. Region I received the licensee's response by letter dated 3/31/98. A letter was sent to the Petitioner on April 23, 1998, providing the Petitioner with a copy of the PVAMC's response to the petition, and updating the Petitioner on the status of the Petition.
Current Status:
The Petition Review Board met on 6/8/98 to discuss the results of Region l's inspection of the licer.see, performed in the first week of June. The staff is working on the Director's Decision, which is scheduled to be completed by August 14,1998. A letter was sent to the Petitioner on Jur.e 24,1998, providing the Petitioner with an update on the status of the Petitior:.
9 Atf achment 1 l
Facility:
Haddam Neck Nuclear Power Station Petitioner:
J. Block Date of Petition:
3/13/98 Director's Decision To Be issued by:
NRR Date Referred to Review Organization:
3/20/98 EDO Number:
G980168 OGC Number:
f-4/ A J4 Scheduled Completion Date:
N M ei Last Contact with Petitioner:
7/1/98 Petition Manager:
T. Fredric.ns Case Attorney:
M. Raf ky issues / Action Requested:
Petitioners requested immediats suspension of the licensee's operating license. Petitioners present three issues in support of their request: 1) that contaminated materials were released offsite,2) that on-site radiological f ailure.s have occurred, and 3) that the licensee's planned procedure to ventilate the spent fuel building through open doors and roof hatches, in the event that the spent fuel pool cooling system becomes inoperable and cannot be restored, constitutes an unmonitored, tr. planned release of radiation.
Background:
l This is a new petition received on March 20,1998. An acknowledgment letter was issued on 4/22/98.
Current Status:
RAI sent to licensee on 5/28/98 requesting their pit.ns for using the roof hatch for ventilation, and requesting dose projections if that ventilation path is used. A copy of the RAI was sent to petitioners. RAI response from licensee received 6/29/98.
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Facility:
Donald C. Cook. Units 1 and 2 Petitioner:
D. Lochbaum, Union of Concerrced Scientists Date of Petition:
10/9/97 Director's Decision To Be issued by:
NRR Date Referred to Review Organization:
10/15/97 EDO Number:
GT97724 OGC Number:
P-97-013 Scheduled Completion Date:
8/8/98 I
Last Contact with Petitioner:
6/25/98 Petition Manager:
John Stang Case Attorney:
R. Hoefling issues / Action Requested:
Petitioner requests that the operating licenses for Donald C. Cook Units 1 and 2 be modified, j
revoked, or, suspended until there is reasonable assurance that their systems are in conformance with design and licensing bases requirements. The petitioner also requests that a public hearing into this matter be held in the Washington, DC area prior to the first unit at D.C. Cook being authorized to restart so that the petitioner can present information supporting the contentions in this petition.
Background:
The acknowledgment letter was issued on 12/9/97. The petitioner sent in a letter on 1/6/98 objecting to the use of the MD 8.11 criteria to determine if a public hearing would be held without first asking him if he had new information to present. The letter stated that he did have new information but did not provide it. A public meeting (not hearing) was held on 1/12/98 to allow the petitioner to present his concerns.
The petitioner sent in an addendum to the petition on 1/12/98, which provided a written copy of the issues he presented at the 1/12/98 meeting. In addition, the petitioner submitted a request on 1/15/98, to review the draft confirmatory action letter (CAL) followup inspection report prior to Cook being authorized to restart. An acknowledgment letter for both the 1/12 and 1/15/98 requests was issued on February 23.1998. The petitioner was contacted by phone on 2/10/98 to clarify how issues he raised in the 1/12/98, letter were addressed in the acknowledgment letter, and to provide him with a general status update on Cook and the CAL. The petitioner was contacted by phone on 2/23/98, to advice him of a meeting to be held at the Cook site to discuss their status en the CAL and other issues. On6/25/98 the petitioner was contacted to give a status update and to provide clarifications on the petition response.
Current Status:
RAI requesting licensee to respond to questions in the petition was issued on 6/13/98. RAI requested a 30-day response from the licensee. NRC intends to grant the petitioner's request i
for an informal public hearing.
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Report on Status of Public Petitions Under 10CFR 2.206 with No Status Change from Previous Update Facility:
Commonwealth Edison Comoany Petitioner:
National Whistleblower Center and Randy Robarge Date of Petition:
3/24/98 Director's Decision To Be issued by:
NRR Date Referred to Review Organization:
3/30/98 EDO Number:
G980185 OGC Number:
P-98-006 Scheduled Completion Date:
8/27/98 Last Contact with Petitioner:
6/22/98 Petition Manager:
G. Dick Case Attorney:
S. Chidskel issues / Action Requested:
Petitioner requests: 1) Immediate issuance of a show cause order requiring Comed to explain why the filing of a PlF [ Problem identification Form] does not constitute core protected activity under section 211 of the Energy Reorganization Act,42 USC 5 5851 (1993); 2) The issuance of a LevelI violation and appropriate civ i panalty for taking action that Comed knew l
or should have known would chill employees from filing PlFs; 3) Require the licensea to post
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a public apology for claiming that the filing of a PIF does not constitute protected activity;
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- 4) Issue a show cause order to Comed requiring it to explain under oath why the imposition of restrictive confidentially clauses prohibiting employees from directly communicating information to the NRC should not be prohibited; 5) Require Comed to transmit to all
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individuals under similar restrictive confidentiality terms notice that they are now free to i
communicate information to the NRC; and 6) Require licensee to release to the NRC copies of all restrictive. confidentially agreements entered into by Comed and any subcontractors employed by Comed since March 21,1990.
Background:
This is a new petition received on March 24,1993. One of the petitioners, Mr. Roberge, has an active Department of Labor Discrimination Case (98-ERA-2) and these issues arose during the Discovery portion of the case. Petition Review Board (PRB) met on 4/9/98 and an acknowledgment letter was issued on April 29,1098. The licensee was requested to respond to the petition and provide the staff with a the copy of letter referenced in the petition.
Awaiting licensse's response to staff RAI of 5/20/98.
1 Current Status:
i i,
There is no change in status for this update.
12 Attachm:nt 2
Facility:
Advanced Medical Systems. Inc.
Petitioner:
Northeast Ohio Regional Sewer District Date of Petition:
8/19/94 Director's 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:
9/10/98 Last Contact with Petitioner (s):
6/19/98 Petition Manager:
J. DeCicco Case Attorney:
R. Weisman issues / Action Requested:
Amend AMS license to install, maintain, and operate alarms on all drains from the London
- Road facility.
Background:
An acknowledgment letter was issued on 9/7/94. On 12/29/94 the Sewer District requested a license renewal hearing per Subpart L,10 CFR 2.1205. 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 staff requested the petitioner's views regarding the impact of a settlement agreement on the petition by letter dated 2/3/97. The petitioner's letter dated 3/4/97 indicated that the petitioner's requests are not completely covered by the settlement agreement, and the petition remains relevant. A decision was made by the staff to defer the Director's Decision until completion of the license renewal application review process, currently scheduled to be completed by September 1998.
Current Status:
There is no change in status for this update.
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l Facility:
Millstone Petitioners:
G. Galatis and E. Hadley on bthalf of We the People, Inc.
Date of Potition:
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:
12/30/98 Last Contact with Petitioner (s):
5/5/98 Petition Manager:
S. Dembek Case Attorney:
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 operating licenses; and that NU has submitted material false statements. Petitioners seek a 60 day license suspension for Millstone Unit 1 (after the unit is brought into compliance with the license and the design basi.i). 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 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 'he amount of spent fuelit may offload and that the amendment be denied; that the NRC sotain an independent expert, at NU's expense, to prepare a safety analysis report on the proposed amendment; and that, before the issuance of any amendment, an analysis including both the probability and consequences of applicable events be conducted. in the supplement, Mr. Galatis raised additional concerns including concerns at Millstone Units 2 and 3 and Seabrook.
Background:
Northeast Utilities (NU) provided its responses in 9/22/95 and 10/11/95 letters. The acknowledgment letter was issued on 10/26/95. On 12/26/96, the staff issued a partial Director's Decision (DD-96-23) that addressed the technical aspects of the petitioners' requests.
The wrongdoing aspects are still under review ed will be addressed in a subsequent Director's Decision. The completion date was extenced to 6/30/98 to allow time for additional staff review. A status update letter was sent to the petitioner on 5/5/98.
Current Status:
There is no change in status for this update.
14
Facility:
Connecticut Yankeg_pnd Millstone Units 1. 2 and 3 Petitioners:
D. Katz, Citizens Awareness Network (CAN) and P. Gunter, Nuclear information and Resource Service Date of Petition:
11/25/96, as amended 12/23/96 1
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:
4/17/98 Petition Manager:
D. Mcdonald Case Attomey:
R. Hoefling issues /Ac' ion Requested:
Petitioners request the staff to take the following actions: (1) ir< nediately suspend or revoke Northeast Uti?ities' (NU's) license to operate the Connecticut Yankee (CY) (Haddam Neck) and Millstone reactors due to chronic mismanagement;(2) investigate the possibility that NU made material misrepresentations to the NRC concerning engineering calculations and other information or actions relied upon to assure the adequacy of safety systems at CY and Millstone: (3) if an investigation determines that NU deliberately provided insufficient and/or false or misleading information to the NRC, revoke NU's operating licenses for CY and Millstone, or, if not, keep the reactors off-line pending a Department of Justice independent investigation;(4)if the reactors remain operating, petitioners request that they remain on the NRC's " watch list"; (5) keep CY and Millstone off-line until NU's chronic mismanagement has been analyzed, remedial management programs put into effect and the NRC has evaluated and approved the effectiveness of NU's actions; (6) in the event NU decides to decommission any
{
or all of the reactors at issue, petitioners request the NRC not to permit any decommissioning activity to take place until the above issues are resolved; and (7) commence an investigation into how the staff allowed the illegal situation at NU's Connecticut reactors to exist and continue over a decade.
Background:
j l
A Director's Decision (DD-97-21) addressing most of the issues was issued to the petitioners j
on 9/12/97. DD 97-21 partially granted some of the petitioner's requests. Request (3) l PboVe Was partially deferred for the Millstone plants and will be addressed in a subsequent final Director's Decision, currently scheduled frr 7/1/98.
l 1
Current Status:
There is no change in status for this update.
15
i Facility:
Connecticut Yankee Petitioners:
R. Bassilakis, Citizens Awareness Network (CAN) and P. Gunter, j
Nuclear Information and Resource Service (NIRS)
Date of Petition:
3/11/97 l
l Director's Decision To Be issued by:
NRR Date Referred to Review Organization:
3/20/97 l
EDO Number:
GT97181 l
OGC Number:
P-97-003 I
j Scheduled Completion Date:
12/31/98 Last Contact with Petitioners:
7/1/98 Petition Manager:
T. Fredrichs Case Attorney:
M. Raf ky issues / Action Requested:
Petitioners request (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 without 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. The petitioner was contacted by telephone on 7/9/97 and informed of the status of the petition.
A partial Director's Decision I
(DD-97-19) was issued on 9/3/97. DD-97-19 denied requests (2) and (3) above. In a public meeting on 10/27/97, which the petitioner attended, the staff stated that it was pursuing i
enforcement action regarding the remaining open item in the petition.
Request (1) regarding j
enforcement action has been deferred and will be the subject of a final Director's Decision, j
currently scheduled for 9/30/98.
l l
Current Status:
1 There is no change in status for this update.
l l
16
S Facility:
Browns Earry Nuclear Plant Unit 1 Petitioner:
D.Lochbaum Date of Petition:
4/5/98 Director's Decision To Be issued by:
NRR Date Referred to Review Organization:
4/6/98 EDO Number:
G980199 OGC Number:
Scheduled Completion Date:
4/29/98(Acknowledgment letter) 7/31/98 Decision Last Contact with Petitioner:
5/4/98 Petition Manager:
A. DeAgazio Case Attorney:
R. Hoefling issues / Action Requested:
The petitioner asked for an informal hearing requesting that the Operating License for Browns Ferry, Unit 1 be revoked and 2) that NRC should require the Tennessee Valley Authority (TVA) to submit either a decommissioning plan or lay-up plan for Brown's Ferry, Unit 1. As the basis for the Union of Concenrned Scientist (UCS) request, the petitioner asserts that because Browns Ferry Unit 1 has been on " administrative hold" since June 1,1985, and has not been operated since then, revocation od the operating license and requiring relicensing, if TVA later decides to restart Unit 1, is a better, safer process than is the current inspection Manual Chapter 0350 restart process. Further, the petitioner asserts that requiring a decommissioning plan would provide assurance that the irradiated fuel is stored safely and that Units 2 and 3 are sufficiently independent of Unit 1 for safe operation.
B ckground:
This is a new petition received on April 5,1998. The 2.206 petition review board convened in mid April 1998, and endorsed a proposed course of action. The acknowledgment letter was issued 4/29/98 with a decision not to hold an informal hearing on the UCS petitlen. The petitioner sent in another letter dated June 5,1998, requesting the staff reconsider conducting a public hearing. The staff has determined that while the 2.206 petition alone, does not meet the criteria contained in the Management Directive 8.11 regarding a hearing, the staff has chosen to conduct an informal hearing, near the Browns Ferry site to afford the petitioner, licensee and the members of the public the opportunity to provide relevant information to the staff.
Current Status:
There is no change in status for this update.
17
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