ML20247K430

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Forwards Monthly Rept Re Status of 10CFR2.206 Petitions as of 980430.Staff Documenting Responsiveness to Petitioners
ML20247K430
Person / Time
Issue date: 05/13/1998
From: Boger B
NRC (Affiliation Not Assigned)
To: Callan L
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
Shared Package
ML20013J382 List:
References
2.206, NUDOCS 9805220096
Download: ML20247K430 (20)


Text

_ _ _ _ _

May 13, 1998 MEMORANDUM TO: L. Joseph Callan Executive Director for Operations Bruce A. Boger 0:ig.d SWA BD FROM:

Acting AssociatgDirehtbrd^dr Projects Office of Nuclear Reactor Regulation

SUBJECT:

APRll 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 petitions as of April 30, 1998. The report format has been simplified, now containing a short background for each petition, a paragraph summary on the issues / Action requested and current status. Also the other attachments have been modified to provide a more concise overview for those petitions that have substantive status change from the previous month. gives the status of petitions for 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. 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:

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1. Report on Status of Public Petitions Under 10 CFR 2.206 i
2. Decisions Pending Before the Commission and the Courts
3. Sensitive information (Internal Distribution Only)

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Report on Status o' Public PGtitions Undsr 10 CFR 2.206 April 30,1998 Contents

  • Page Facility Petitioner /EDO No.

Seabrook 1'*

  • Doughty /GT970873..................1 Advanced Medical Systems, Inc.

Northeast Ohio Regional Sewer District /EDO10395................ 2 Envirocare of Utah, Inc.

Cochran, Natural Resources Defense Council /GT970863..... 3 Philadelphia VA Medical Center *"

Lovell, Ann /G980069................ 4 l

l Babcock & Wilcox*

  • Citizen's Action for a Safe Environment, et. al................... 5 i

Millstone Galatis, We the People, Inc./ED O 603........................... 6 l

Connecticut Yankee and Millstone Katz, Citizens Awareness l

Network (CAN)/GT96919........... 8 l

l Connecticut Yankee Bassilakis, CAN/GT97181.......... 9 San Onofre Nuclear Generating Station'*

D wyer/GT9 733 9....................... 10 i

j San Onofre Nuclear Generating Station *"

Borchmann/GT97494................11 i

D.C. Cook, Units 1 and 2 Lochbaum/GT9 7 7 24................. 12 Millstone 1,2,3 Bassilakis, CAN, Gunter, Nuclear information Resource Service /G980070................... 13 i

St. Lucie/ Turkey Point'*

Saporito, National Litigation Consultants / multiple GTs..........14 Haddam Neck *

  • Block, CAN/G980168................15 l

Vermont Yankee" D aly/G 9 8023 3........................ 16 Browns Ferry 1 *

  • Lo c h b au m /G 9 8019 9................. 17 Key:

Includes Attachments 1 and 2 Denotes Addition to the petition list from previous update Denotes status change from previous update

Report on Status of Public Petitionc Under 10 CFR 2.206 Facility:

Saabrook Petitioner:

J. Doughty, The Seacoast Anti-Pollution League Date of Petition:

12/18/97 EDO Number:

G970873 OGC Number:

P-97-015 Petition Manager:

C. Smith Case Attorney:

C. Holzie issues / Action Requested:

Petitioner requests that the operating license for Seabrook be suspended, until such time that the following occurs: (1) a through root cause analysis of the leaks that developed in "B" train of RHR piping, (2) a review of the documentation associated with welds in the area of leakage, including inspection reports, (3) a review of the piping qualification, and (4) a review of the procedures for assuring future piping quality. Petitioner requests a determination of the implications of this incident for all plant systems before the plant is allowed to restart.

Current Status:

l A final Director's Decision was issued 3/17/98. The final Director's Decision was subject to review by the Commission for 25 days. Director's Decision 98-03 became a final agency action on 4/13/98. This petition is therefore closed l

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1

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):

4/16/98 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 i

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, 8/20/93,10/22/96, 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.

Current Status:

There is no change in status for this update. The petitioner's letter dated 3/4/97 indicated I

l that the petitioner's requests are not completely covered by the settlement agreement, and i

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.

l i

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Facility:

Envirocare of Utah. Inc.

Petitioner:

T. Cochran, Natural Resources Defense Council Date of Petition:

12/12/97 Director's Decision To Be issued by:

NMSS Date Referred to Review Organization:

12/18/97 EDO Number:

GT970863 OGC Number:

P-97-014 Scheduled Completion Date:

5/16/98 Last Contact with Petitioner (s):

4/13/98 Petition Manager:

H. Lefevre Case Attorney:

H. McGurren issues / Action Requested:

Immediate NRC investigation and suspension of Envirocare's license.

Background:

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 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 employces who have engaged, or do engage, in protective activities 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.

The staff's letter of 1/16/98 to Thomas Cochran of NRDC indicates: (1) acknowledgment of receipt of the Petition, (2) a request that NRDC provide the names of individuals referenced in the Petition: (3) NRC's referral to the FBI of possible criminal violation of Section 211, (4)

NRC's conclusion that no further immediate action concerning Envirocare's NRC license is warranted, and (5) NRC's providing the Petitioner with a copy of the notice of receipt of the Petition that will be placed in the Federal Reaister. NRDC's 1/21/98 response to NRC's 1/16/98 letter provided the names of 11 individuals (all attorneys, for the most part, affiliated with law firms representing competitors of Envirocare) who may have knowledge of current and former employees (beyond those identified in the Petition) who feel threatened by Envirocare.

Current Status:

There is no change in status for this update. The staff expects to issue letters by

(

May 16,1998 to the individuals affiliated with several law firms and the state of Utah instead of mid-April,1998.

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Facil.;y:

Ebiladelohla VA Medical Center Petitioner:

Ann Lovell Date of Petition:

01/28/98 1

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:

6/30/98 Last Contact with Petitioner (s):

4/23/98 Petition Manager:

T. Taylor Case Attorney:

S. Chidakel Issues / 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 potent:al 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 petitioner 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 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 their views on the central concerns expressed by the petitioner.

We requested a resp nse by 3/31/98. Region I received the licensee's response by letter dated 3/31/98.

Current Status:

The staff is preparing a letter to the petitioner, forwarding the petitioner a copy of the licensee's response. The Board is scheduled to meet again on 6/8/98 to discuss the results of Region l's inspection of the licensee, i

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Facility:

Babcock & Wilcox Petitioner:

Citizen's Action for a Safe Environment, The Kiski Valley Coalition to Save Our Children Date of Petition:

3/26/98 Director's Decision To Be Isse'ed by:

NMSS Date Referred to Review Organization:

4/10/98 EDO Number:

G980224 OGC Number:

P-98-008 Scheduled Completion Date:

5/11/98 Last Contact with Petitioner (s):

4/9/98 Petition Manager:

D. Orlando Case Attorney:

J. McGurren issues / Action Requested:

Petitioners request a hearing on the decommissioning of the former radioactive materials i

burial area known as the Shallow Land Disposal Area in Parks Township, PA.

i l

Background:

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This is a new petition received on March 26,1998.

Current Status:

The petition review board met on April 22,1998, to discuss how to proceed with this request. The response to the petitioners is being reviewed by the NRC Office.of the General Counsel.

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I 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 l

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 Dato:

4/30/98 Last Contact with Petitioner (s):

3/11/98 Petition Manager:

S. Dembek l

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 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 raised additional concerns. These concerns 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 concerned that NU submitted a material false statement to the NRC associated with a license amendment and that an unanalyzed condition exists with regard to system piping for full-core offload events. With regard to Seabrook Unit 1, Mr. Galatis is concerned 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.

Background:

Northeast U*ilities (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 E. Hadley 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 6

General (IG) as well as independent NRC reviews. The staff also informed the petitioner that if he wanted to intervene in the Millstone Unit 1 spent fuel pool amendment, 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. A spent fuel pool inspection was conducted at Millstone in March 1996 to review the 10 CFR 2.206 concerns as well as other spent fuel pool issues.

l On 12/26/96, the staff issued a partial Director's Decision (DD-96 23) that addressed the technical aspects of the petitioners' requests.

Current Status:

l There is no change in status for this update. The wrongdoing aspects are still under review and will be addressed in a subsequent Director's Decision. The completion date l

was extended to 6/30/98 to allow time for additional staff review. A status update i

letter was sent to the petitioner on 3/11/98.

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Facility:

Connecticut Yankee and Millstone Units 1. 2, and 3 Petitioners:

D. Katz, Citizens Awareness Network (CAN) and P. Gunter, Nuclear Information and Resource Service 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:

4/17/98 Petition Manager:

D. Mcdonald Case Attorney:

R. Hoefling issues / Action Requested:

Petitioners request the staff to take the following actions: (1) immediately suspend or revoke Northeast Utilities' (NU's) license to operate the Connecticut Yankee (CY)

(Haddam Neck) and Millstone reactors due to chronic mismanagement; (2) investigate the possibility that NU made material misrepresentations to the NRC concerning engineering calculations and other information or actions relied upon to assure the adequacy of safety systems at CY and Millstone:(3) if an investigation determines that NU deliberately provided insufficient and/or false or misleading information to the NRC, revoke NU's operating licenses for CY and Millstone, or, if not, keep the reactors off-line pending a Department of Justice independent investigation; (4) if the reactors remain 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:

A Director's Decision (DD-97 21) addressing most of the issues was issued to the petitioners on 9/12/97. DD-97-21 partially granted some of the petitioner's requests.

Current Status:

There is no change in status for this update.

Request (3) above was partially deferred for the Millstone plants and will be addressed in a subsequent final Director's Decision, currently scheduled for 7/1/98.

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Facility:

Connecticut Yankee Petitioners:

R. Bassilakis, Citizens Awareness Network (CAN) and P. Gunter, Nuclear information and Resource Service (NIRS)

Date of Petition:

3/11/97 Director's Decision To Be issued by:

NRR Dete Referred to Review Organization:

3/20/97 EDO Number:

GT97181 OGC Number:

P 97-003 Scheduled Completion Date:

9/30/98 Last Contact with Petitioners:

4/20/98 Petition Mansger:

T. Fredrichs Case Attorney:

M. Rafky 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."

l

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 (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 enforcement action regarding the remaining open item in the petition. See Attachment 3 for further details.

i Current Status:

There is no change in status for this update. Request (1) regarding enforcement action has been deferred and will be the subject of a final Director's Decision, currently scheduled for 9/30/98.

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Facility:

San Onofre Nuclear Geners. tina Station Petitioner:

S. Dwyer Date of Petition:

4/25/97 Director's Deci::lon To Be is.tued by:

NRR Date Referred to Review Organization:

5/2/97 EDO Number:

GT97339 OGC Number:

P 97-009 Scheduled Completion Date:

5/29/98 Last Contact with Petitioner:

4/20/98 i

Petition Manager:

M. Fields i

Case Attorney:

H. McGurren

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Issues / Action Requested:

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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 l

the steam generator internal tube supports similar to that identified in Unit 3. Further, l

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 l

could be done at the same time.

l

Background:

An acknowledgment letter was issued on 6/26/97 denying the petitioner's request to l

immediately shut down the San Onofre Nuclear Generating Station. The licensee l

submitted information in a letter dated 10/17/97 that the staff is using to reply to the l

petitioner's concerns.

The staff's course of action involved reviewing the inspection l

results of both units, most recently during mid cycle outages conducted in Feb-April, 1998.

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Current Status:

I l

inspection findings are being finalized for issuance and will be used in the final Director's Decision.

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j Facility:

San Onofra Nuclear Generatina Station Petitioner:

P. Borchmann Date of Petition:

6/23/97,6/28/97, and 7/11/97, as supplemented 10/21/97 Directet'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:

5/21/98 Last Contact with Petitioner:

4/20/98 Petition Manager:

B. Westreich l

Case Attorney:

H. McGurren l

issues / Action Requested:

Demands that the NRC extend the current San Onofre Nuclear Generating Station (SONGS) Unit 3 refueling outage until all outstanding public safety concerns are fully resolved including: (1) serious flaws in the SONGS emergency evacuation plans for l

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 monitoring any leaks in the spent fuel pool;

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(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 civilian 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 telephone on 2/19/98 to discuss the status of the petition. An acknowledgment letter to the original three letters which denied the 1

petitioner's request for immediate action was issued on 9/22/97. The petitioner sent l

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:

Reviews associated with the emergency plan issues are being coordinated with FEMA.

The completion date was extended to 5/21/98 due to delays with the review of this I

plan.

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Facility:

Donald C. Cook. Unita 1 and 2 Petitioner:

D. Lochbaum, Union of Concerned 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 Last Contact with Petitioner:

04/28/98 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, 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 i

acknowledgment letter, and to provide him with a general status update on Cook and the CAL.

Current Status:

There is no change in status for this update. The petitioner was contacted by phone on 2/23/98, to advise him of a meeting to be held at the Cook site to discuss their status on the CAL and other issues. On 4/28/98 the petitioner was contacted to give a status update and to provide clarifications on the petition response.

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Facility:

Millstone Units 1. 2. & 3 Petitioners:

R. Bassilakis, Citizens Awareness Network (CAN) and P. Gunter, Nuclear Information and Resource Service (NIRS)

Date of Petition:

2/2/98 Director's Decision To Be issued by:

NRR Date Referred to Review Organization:

2/4/98 EDO Number:

GT980070 OGC Number:

P-98-002 Scheduled Completion Date:

7/10/98 Last Contact with Petitioners:

3/27/98 Petition Manager:

S. Dembek Case Attorney:

M. Rafky issues / Action Requested:

The Petition requests three actions: (1) The revocation of the license to operate Millstone Units 1,2, and 3 as the result of ongoing intimidation and harassment of its work force by NU management; (2) The revocation of the license to operate Millstone Units 1,2, and 3 as the result of persistent licensee defiance to adherence to NRC regulations and directives to create a " questioning attitude" for its workers to challenge management on nuclear safety issues without fear of harassment, intimidation, or reprisals by NU; and (3) That NRC refer the Nuclear Oversight Focus 98 Ust and the reported licensee management attempt to destroy the list to the Department of Justice for investigation of a potential coverup.

Background:

The acknowledgment letter was sent to the petitioners on 3/11/98. On 3/27/98, the petitioners were sent a copy of the Millstone licensee's response to a 2/10/98 NRC request for additional information.

Current Status:

There is no change in status for this update.

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--_______________-.--__________________U

Facility:

St. Lucia 1 & 2. Turkav Point 3 & 4 l

Petitioners:

T. Saporito, Jr. National Litigation Consultants l

Date of Petitions:

2/26, 2/27, 3/6, and supplemented 3/15, 3/17, 3/29, 3/30, and 4/4/98 i

Director's Decision To Be issued by:

NRR l

Date Referred to Review Organization:

3/2/98 l

EDO Numbers:

G980124/125, G980138, G980203/204/232 OGC Number:

P-98-003 Scheduled Completion Date:

10/28/98 Last Contact with Petitioners:

4/14/98 Petition Manager:

W. Gleaves l

Case Attorney:

S. Chidakel issues / Action Requested:

Petitioner requests the NRC (1) take escalated enforcement action, including modifying, l

suspending, or revoking FPL's operating licenses until it demonstrates that there is a work l

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 l

a public hearing regarding whether FPL has violated the NRC's employee protection regulations l

and require FPL to allow NLC to assist its employees in understanding and exercising their l

rights under these regulations; (3) conduct investigations and require FPL to obtain appraisals l-and third party oversight in order to determine whether its work environment encourages employees 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 manager telephoned the petitioner on 4/7/98. The petitioner informed the petition manager that more supplements should be expected. The 2.206 petition review board met in March,1998 to discuss the ongoing proceeding. The staff intends to group a large number of issues into specific categories and address each category. Much of these petition is repetitive to past issues, previously addressed.

Current Status:

On 4/14/98 the petition manager contacted the petitioner to discuss the petition. The acknowledgment letter and Federal Reaister notice have been developed.

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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:

P-98-004 Scheduled Completion Date:

8/20/98 Last Contact with Petitioner:

4/22/98 l

Petition Manager:

T. Frederichs Case Attorney:

M. Rafky issues / Action Requested:

Petitioners requested immediate suspension of the licensee's operating license. Petitioners present three issues in support of their request: 1) that contaminated materials were released i

offsite, 2) that on site radiological failures 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 can not be restored, i

constitutes an unmonitored, unplanned release of radiation.

Background:

This is a new petition received on March 20,1998.

1 Current Status:

l l

An acknowledgment letter was issued on 4/22/98.

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l Facility:

Vermont Yankee Nuclear Power Station Petitioner:

M. Daly, New England Coalition on Nuclear Pollution, Inc.

Date of Petition:

4/10/98 Director's Decision To Be issued by:

NRR Date Referred to Review Organization:

4/15/98 EDO Number:

G980233 OGC Number:

Scheduled Completion Date:

5/15/98 (Immediate Response)

Last Contact with Petitioner:

4/16/98 Petition Manager:

R. Croteau Case Attorney:

H. McGurren issues / Action Requested:

l 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 or with service water injection water temperature greater than 50 F, shall remain in force until certain conditions are met. The conditions include 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:

This is a new petition received on March 26,1998. 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 containment response analysis. The licensee then instituted administrative controls to limit torus temperature tn 90 F while a TS change was prepared. While performing preliminary calculations and evaluations to verify the adequacy of the 90 F limit, the licensee determined that it was necessary to further reduce the administrative limit to 80'F until the final analysis is completed. This issue was discussed with the licensee in a series of meetings on March 5, March 24, and April 7,1998. During the meetings the licensee indicated that the adequacy of a 90 F initial torus temperature would be confirmed and a TS amendment request would be submitted before restart from the current outage (May 1998). The licensee intends to restart the plant, administrative!y controlling torus temperature to 90 F, while the NRC reviews the TS change.

Current Status:

This petition was discussed at the 2.206 board meeting conducted in mid April,1998. As a l

result, a letter responding to the petitioner's immediate request was generated and scheduled to be issued in early May,1998. The Director's Decision will be issued once the staff has reviewed the TS amendment specifying the maximum torus water temperature (expected to be 90 F) and written a safety evaluation.

I 16 l

Facility:

Browns Ferry Nuclear Plant Unit 1 Petitioner:

D.Lochbaum Date of Petition:

4/5/98 Director's Decision To Be issued by:

NRR Date Referred to Review Organization:

4/6/98 l

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 (1) that the Operating License for Browns Ferry, Unit 1 be revoked and 2) that the NRC should require the Tennessee Valley Authority (TVA) to submit either a decommissioning plan or a lay-up plan for Browns Ferry, Unit 1. As the basis for the Union of Concerned 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 of 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.

Background:

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.

Current Status:

The acknowledgment letter was issued 4/29/98 with a decision not to hold an informal hearing on the UCS petition.

17

Memorandum dated:

May 13, 1998 Distribution:

Centratfiles P. Lohaus P. Anderson /EDO W. Travers /SPO B. McCabe E. Adensam F. Cameron /OGC M. Thadani B. Clayton PDil-3 r/f T. Essig B. Clayton P.Goldberg/NMSS Ei.Boger F.Hebdon J. Zwolinski E. Baker /OI M. Stein /OE P.T.Kuo R.Subbaratnam PUBLIC w/att 1 only (Att 2 is "NOT FOR EXTERNAL DISTRIBUTION")

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