ML20248L862
| ML20248L862 | |
| Person / Time | |
|---|---|
| Site: | Millstone, Browns Ferry, Saint Lucie, Turkey Point, Vermont Yankee, Haddam Neck, San Onofre, Cook  |
| Issue date: | 06/09/1998 |
| From: | Boger B NRC (Affiliation Not Assigned) |
| To: | Callan L NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML20036E417 | List: |
| References | |
| 2.206, DD-98-03, DD-98-3, NUDOCS 9806120020 | |
| Download: ML20248L862 (20) | |
Text
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June 9, 1998 MEMORANDUM TO: L. Josrph Callan Executive Director for Operations FROM: Bruce A. Boger Acting Associate Director for Projects (Original Signed By J. Zwolinski F@
Office of Nuclear Reactor Regulation
SUBJECT:
MAY 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 May 30, 1998. The petition on Seabrook (GT97087.3) for which the DD 98-03 became a final agency action on 4/13/98 is closed.
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 undate. Attachment 2 includes petitions with no status change from the previous update, and Attachment 3 lists other sensitive matters, which are for internal 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 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 Petitions 0nder 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 Pending Before the Commission and the Courts.
cc w/atts: H. L. Thompson, EDO - R. L. Bangart, OSP A. C. Thadani, EDO m G. P. Caputo, 01 lg 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 E. Julian, SECY OCA OPA
.pf W CONTACT: Ram Subbaratnam, NRR, 415-1478 L-W I FTs 2 M (1 -- 5 M b M G:\BRUNSWIC\EDO2206.598 DISTRIBUTION: See next page 1 OFFICE PDll-1/PM LA:PDil-1 PDil-1/ NMSS/IMNS/l (A)Dp (A R
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-385NUWIIIEur~ 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/att 1 & 2 only (Att 3 is "NOT FOR EXTERNAL DISTRIBUTION")
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1 Report on Status of Public Petitions Under 10 CFR 2.206 with Status Change from Previous Update i
May 30,1998 i Attachment 1 Page Facility Petitioner /EDO No. h Commonwealth Edison Company" Robarge, National Whistle Blower Center /G 9 8018 5 .. ..... .. . .. .. . . .. . ...... . 3 Envirocare of Utah, Inc. Cochran, Natural Resources Defense Council /GT970863........ 4 Babcock & Wilcox Citizen's Action for a Safe Environment, et. al...................... 5 '
1 Millstone 1,2,3 Bassilakis, CAN, Gunter, Nuclear Information Resource Service /G 9 80070 ....................... 6 San Onofre Nuclear Generating Station Borchmann/GT97494 ................... 7 St. Lucie/ Turkey Point Saporito, National Litigation Consultants / multiple GTs............ 8 Verment Yankee D aly/G 9 8 0 23 3 . . . ... . . .. ... . . . . .. . . . . . . . . . . 9 San Onofre Nuclear Generating Station D wyer/GT9 7339 . ............. ..... ..... 10 Key.
Denotes Addition to the petition list from previous update 1 !
, i e
Report on Status of Public Petitions Under 10 CFR 2.206 with No Status Change from Previous Update May 30,1998 Attachment 2 l
Advanced Medical Systems, Inc. Northeast Ohio Regional Sewer District /ED0103 9 5 ........................ ...... 1 1 Philadelphia VA Medical Center Lovell, An n/G 980069 .......................... 12 l
Millstone Galatis, We the People, in c./E D O 60 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Connecticut Yankee and Millstone Katz, Citizens Awareness Net w o r k( CAN)/GT9 6919... . . . . . ... . ... ... . . . . 14 Connecticut Yankee Bassilakis, CAN/GT97181...................15 D.C. Cook, Units 1 and 2 Lochb aum/GT9 7 724 ........................ ... 16 Haddam Neck Bloc k, C AN/G 9 8016 8 ....................... .. 17 Browns Ferry 1 Loch b au m/G 9 8019 9.. . ... . .. ... .. ... .. .. ... ... . 18 2
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Report on l
l Status of Public Petitions Under 10CFR 2.206 with 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: GD80185 OGC Number: P-98-006 Scheduled Completion Date: 8/27/98 Last Contact with Petitioner: 4/17/98 Petition Manager: G. Dick Case Attorney: S. Chidakel issues / Action Requested:
Comed's assertion in a pleading associated with a Nuclear Whistleblower case revealed that the filing of a PlF [ Problem Identification Form 1 does not equate to engaging in
- protected activity" fosters an atmosphere of intimidation and chills the reporting of safety concerns; Comed intentionally imposed restrictive confidentiality aimed at prohibiting employees from providing information to the NRC in violation of 10 CFR 50.7.
Petitioner requests: 1) Irnmediate issuance of a show cause order requiring Comed to explain why the filing of a PlF 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 civil penalty for taking action that Comed knew or should have known would chill employees from filing PlFs( Level lli violation for a 10 CFR 5 50.7 issued on November 28, 1995, ses EA 95-235); 3) Require the licensee to post a public apology for claiming that the filing of a PlF does not constitute protected activity; 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 individuals under similar restrictive confidentiality terms notice that they are now free to communicate information to the NRC;
- 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 (the date of the federal Reaister notice of 10 CFR 550.7(f) was published).
Background:
This is a new petition received on March 24,1998. One of the petitioners, Mr. Robarge, has an active Department of Labor Discrimination Case (98-ERA-2) and these issues arose during the Discovery portion of the case.
1 Current Status: '
Petition Review Board (PRB) met on 4/9/98 and an acimowledgment letter was issued on April 29,1998. Based on the PRB meeting's decision, a request for additionalinformation was sent on May 20,1998 to the licensee in which the ficansee was requested to respond to the petition and provide the staff with a the copy of letter referenced in the petition.
3 Attachment 1
l Facility: Envirocare of Utah. Inc.
Petitioner: T. Cochran, Natural Resources Defense Council (NRDC)
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;GT980293 OGC Number: P 97-014 Scheduled Completion Date: TBD; Awaiting 01 report and Staff Evaluation of 01 Report 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.
Background:
The Petitioner was contacted by telephone on 12/18/97 and inforrned 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 employees 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 idenufied 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 attomeys, 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:
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. Upon review of this new petition, the Petition Review Board (PRB)in its E.19/98 board meeting determined that it provided no new information. The board decided that the 5/06/98 petition (EDO Control: G980293) .
would be grouped with the existing petition of 12/12/97. The Petitioner was informed by l voice mail on 5/20/98 of NRC's receipt of the 5/06/98 petition. A formal acknowledgment letter to the petitioner's letter is planned for issuance by early June 1998.
4 Attachment 1
l 1-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 issued 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 burial area known as the Shallow Land Disposal Area in Parks Township, PA.
Background:
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. On May 13,1998, NRC staff responded to the petitioners March 26,1998, request and indicated that since the petitioner did '1ot explicitly request NRC to undertake an enforcement action, the March 26,1998 letter would not be treated as a a petition under i 10 CFR 2.206. The staff indicated that when the decommissioning plan was submitted to !
NRC, the petitioners could request a hearing on the mattsrs raised in their March 26,1998, request. The petition is therefore closed.
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l 5 Attachment 1
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Facility: G.r.e L:..;a 1. 2 & 2 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 lasued by: NRR Date Referred to Review Organization:
2/4/98 EDO Number: GT980070 ,
OGC Number: P 98-002 Scheduled Completion Date: 7/10/98 1.ast Contact with Petitioners: 5/12/98 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 j 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 i 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 L the Nuclear Oversight Focus 98 List and the reported licensee management attempt to destroy the list to the Department of Justice for investigation of a potential coverup.
q l= .
Background:
i The acknowledgment letter was sent to the petitioners on 3/11/98. On 3/27/98, the r- petitioners were sent a copy of the Millstone licensee's response to a 2/10/98 NRC request l for additionalinformation. PRS met on 2/23/98 and determined that there may be need for l- OE and 01 involvement, but wanted to see how the licensee responded to the NRC's February 10,1998 letter.-
g Current Status: -
l u
On 5/12/98, the petitioners were sent a copy of the licensee's April 24,1998, supplemental' !
response letter. The staff completed its review of the licensee's responses and performed 8 interviews of licensee personnel to verify key aspects of the licensee's written responses.
The D; rector's Decision has been drafted and is in concurrence.
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-6 Attachment 1 i
Facility: San Onofra Nuclear Generating Station .
Petitioner: P. Borchmann Date of Petition: )
6/23/97,6/28/97, 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 Petition Manager: B. Westreich Case Attorney: H. McGurren 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 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; (8) locci 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 l listening to tapes or compact disks; (9) reliance on civilian. personnel to respond to an
- emergency; (10) no safe disposai plan exists for the spent fuel from SONGS; (11) SONGS and l 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 th petition.
An acknowledgment letter to the original three letters which denied t% 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 completion date was extended to 6/05/98 due to delays with the review of the emergency plan. The Director's Decision is in concurrence.
7 Attachment 1
.-__--___--____-_______A
Facility: St. Lucia 1 & 2. Turkey Point 3 & 4 PMitioners: 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: 4/14/98 Petition Manager: W. Gleaves Case Attorney: S. Chidakel issues / Action Requested:
Petitioner requests the NRC (1) take escalated enforcement action, including modifying, suspending, or revoking FPL's operating licenses until it 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 employees to freely raise nuclear safety concerns; (4) inform cil 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:
1he petition manager telephoned the petitioner on 4/7/98 and 4/14/98. The Petition Review Board met in 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. Much of the petition is repetitive to past issues, previously addressed.
Current Status:
On 4/14/98, the petition manager contacted the petitioner to discuss the public nature of the petition process. The acknowledgment letter and Federal Reaister notice were issued on May 4,1998. The new issues have been divided among a team from 01, OGC, NRR/ Projects, and Region ll. 01 issues will be forwarded to 01 for their action. Previously addressed issues will be referred to information contained in previous director's decisions. The licensee has been requested to address the individual issues, within the limits of privacy for named individuals, as quickly as possible. The Jicensee's response will be compared and validated against staff responses.
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8 Attachment 1 j
Facility: Vermont Yankee Nuclear Power Station Petitioner: M. Daly, New England Coalition on Nuclear Pollution, Inc.
Date of Petition: 4/10/98 i
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) l- Last 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 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 i establishing the correct maximum torus water temperature, and completion of NRC review of the amendment request.
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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 containment response analysis. The '
licensee then instituted administrative controls to limit torus temperature to 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 was completed. This issue was 1 discussed with the licensee in a series of meetings on March 5, March 24, and April 7,1998. l 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 outage (May 1998). The licensee intends to restart the plant, administratively controlling torus temperature to 90'F, while the NRC reviews the TS change. ,
Current Status:
PRB met on 4/16/98 and a letter denying the petitioner's immediate request was issued on May 13,1998. The licensee has submitted the TS amendment specifying a torus water temperature limit of 90'F and the staff is reviewing the submittal. The Director's Decision l will be issued once the staff has reviewed the TS amendment specifying the maximum torus i water temperature (expected to be 90*F) and written a Safety Evaluation.
9 Attachment 1
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Facility: San Onofra Nuclear Generatina Station Petitioner: S. Dwyer Date of Petition: 4/25/97 I 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 sin.ilar 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.
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Background:
An acknowledgment letter was issued on 6/26/97 denying the petitioner's request to i immediately shut down the San Onofre Nuclear Generating Station. The licensee submitted j information in a letter dated 10/17/97 that the staff is using to reply to the petitioner's !
concerns . The staff's course of action involved reviewing the 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. '
Current Status:
The Director's Decision is in concurrence and willissued by June 12,1998.
l i 10 Attachment 1
l 1
Report on Status of Public Petitions Under 10CFR 2.206 with No Status Change from Previous Update f Facility: MYAnced. Medical Systems, Inc.
Petitioner: Northeast Ohio Regional Sewer District Date of Petition: 8/19/94 1
Director's Decision To Be issued by: NMSS Date Referred to Review Organization: 8/29/94 EDO Number: 10395 OGC Number: P-S4-020 Scheduled Completion Date: 9/10/98 Last Contact with Petitioner (s): 4/16/98 Petition Manager: J. DeCicco Case Attorney: l 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 Sower 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 i regarding the impact of a settlement agreement on the petition by letter dated 2/3/97. The I 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: I 1
There is no change in status for this update. 1 l
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I 11 Attachment 2 l
___________________a
Facility: Philadelphia VA Medical Center Petitioner: Ann Lovell Date of Petition: 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: 6/30/98 I Last Contact with Petitioner (s): 4/23/98
- Petition Manager: T. Taylor Case Attorney: S. Chidakel 1
L_ lssues/ 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:
i A copy of :he 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 Register 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 i . 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 response by
- 3/31/98. Region I received the licensee's response by letter dated 3/31/98. A letter was sent t
- to the Petitioner on April 23, 1998,- providing the Petitioner'with a copy of the PVAMC's l response to the petition, and updating the Petitioner on the status of the Petition. The j Petition Review Board is scheduled to meet again on 6/8/98 to discuss the results of Region l l's inspection of the licensee. '
Current Status:
There is no change in status for this update.
f 12' Attachment 2 l
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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 Scheduled Completion Date: 4/30/98 Last Contact with Petitioner (s): 5/5/98 Petition Manager: S. Dembek Case Attorney: R. Hoefling issues / Action Requested: ,
i 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 i operated Millstone in violation of its operating licenses; and that NU has submitted material false statements. Petitioners seek a 60 day license susponsion for Millstone Unit 1 (after the I unit is brought into compliance with the license and the design basis). The petitioners also request that the operating license be revoked until the facility is in full compliance with the ;
terms and conditions of its license; before reinstatement of the license, a detailed independent analysis of the offsite dose consequences of total loss of spent fuel pool water be conducted; I 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 fuel it may offload and that the amendment be denied; that the NRC retain an independent expert, at NU's expense, to prepare a safety analysis report on the proposed amendment; and that, before the issuance of any amendment, an analysis including both the Ivobability 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. 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. 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. The completion date was extended to 6/30/98 to allow time for additional staff review. A status update letter was sent to the petitioner on 5/5/98.
l Current Status:
There is no change in status for this update.
13 Attachment 2
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Facility: Cen.-Met Yankan and "_"~1 tone L;.L 1c 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 misrepresentatioris 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 i 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 l
or all of the reactors at issue, petitioners request the NRC not to permit any decommissioning j activity to take place until the above issues are resolved; and (7) commence an investigation j into how the staff allowed the illegal situation at NU's Connecticut reactors to exist and continue over a decade.
Background:
I - 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. Request (3) above was partially deferred for the Millstone plants and will be addressed in a subsequent ;
L final Director's Decision, currently scheduled for 7/1/98. ;
l Current Status:
.There is no change in status for this update.
!' 14 Attachment 2
),
Facility: Connecticut Yankaa Petitioners: R. Bassilakis, Citizens Awareness Network (CAN) and P. Gunter, i Nuclear information and Resource Service (NIRS) .
Date of Petition: 3/11/97 Director's Decision To Be issued by: NRR Date Referred to Review Organization: 3/20/97 EDO Number: GT97181 OGC Number: P-97-003 Scher'aled Completion Date: 9/30/98 Last Contact with Petitioners: 4/20/98 Petition Manager: T. Fredrichs Case Attorney: M. Rafky
. Issues / Action Requested: i
~ 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 (DD-97-19) was issued on 9/3/97. DD-97-19 denlea 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. 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.
Current Status:
.There.is no change in status for this update.
15 Attachment 2
o Facility: Donald C. Cook. Units 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 L 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 supportirig 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 I 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 j 1/12/98 to allow the petitioner to present his concerns. 1 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 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
- j. . response.
l Current Status:
There is no charige in status for this update. 1 i
16 Attachment 2
, Facility: - Haddam Neck Nuclear Power Station Petitioner: J. Block Date of Petition: 3/13/98
( Director's Decision To Be issued by: NRR l Date Referred to Review Organization: 3/20/98 EDO Number: G980168 l OGC Number: P-98-004 j Scheduled Completion Date: 8/20/98 Last Contact with Petitioner: 4/22/98 Petition Manager: T. Fredrichs Case Attorney: M. Rafky l
' Issues / Action Requested:
I i .
Petitioners requested immediate suspension of the licensee's operating license. Petitioners l present three issues in support of their request: 1) that contaminated materials were released j offsite, 2) that on-site radiological failures have occurred, and 3) that the licensee's planned l 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, l constitutes an unmonitored, unplanned release of radiation.
(~ Backgrounds i
- l. l l .This is a new petition received on March 20,1998. An acknowledgment letter was issued
- ' on 4/22/98. {
Current Status: l There is no change in status for this update, i
l l
l l-l L.
)
1 17 Attachment 2 L
l l
i Facility: Browns Ferry Nuclear Plant Unit 1 Petitioner: D.Lochbaum Date of Petition: 4/5/98 Director's Decision To Be issued by: NRR I 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 (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 fuelis 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 l In mid April,1998 and endorsed a proposed course of action. The acknowledgment letter j was issued 4/29/98 with a decision not to hold an informal hearing on the UCS petition, j l
Current Status:
There is no change in status for this update.
'i I
18 Attachment 2 l
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