ML23276A574
| ML23276A574 | |
| Person / Time | |
|---|---|
| Issue date: | 10/16/2023 |
| From: | Jamie Heisserer Division of Operating Reactor Licensing |
| To: | Mark King Division of Operating Reactor Licensing |
| Buckberg P | |
| References | |
| 200700062, CAC TM3058 | |
| Download: ML23276A574 (1) | |
Text
October 16, 2023 MEMORANDUM TO:
Michael F. King, Deputy Director Reactor Safety Programs and Mission Support Office of Nuclear Reactor Regulation FROM:
Jamie M. Heisserer, Deputy Director /RA/
Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation
SUBJECT:
200700062 - QUARTERLY JULY - SEPTEMBER 2023 REPORT ON THE STATUS OF PUBLIC PETITIONS SUBMITTED UNDER TITLE 10 OF THE CODE OF FEDERAL REGULATIONS, SECTION 2.206 (CAC NO. TM3058)
This memorandum transmits the quarterly status report of petitions being evaluated under Title 10 of the Code of Federal Regulations (10 CFR), Section 2.206, Requests for action under this subpart. This report covers open and closed petitions from July 1 through September 30, 2023, including their age statistics.
Enclosure:
Quarterly 10 CFR 2.206 Status Report July - September 2023 cc: SECY EDO OGC OCA OPA OCFO CONTACT: Perry H. Buckberg, NRR/DORL 301-415-1383
Enclosure Quarterly Status Report of Public Petitions Submitted Under Title 10 of the Code of Federal Regulations (10 CFR), Section 2.206 July - September 2023 For each open or closed petition listed below, the individual status page summarizes the issues raised by the petitioner, the background, and the next steps.
When a petition is received, the submittal is evaluated against the screening criteria in Management Directive (MD) 8.11, Review Process for 10 CFR 2.206 Petitions, to determine if consideration by a Petition Review Board (PRB) is warranted or if the submittal will be dispositioned outside of the 10 CFR 2.206 process. If a submittal is currently being screened, it will not be included in this report. If a submittal has been screened and dispositioned outside of the 10 CFR 2.206 process, the submitter will be notified, and the submission will not be included in this report.
If PRB consideration is warranted, the petition will be referred to as an open petition under consideration in this report. If a PRB makes its final determination to not accept a petition for further review, the submitter will be notified, and the petition will be listed as a closed petition.
If a PRB accepts a petition for further review under 10 CFR 2.206, the petition will continue to be listed as an open petition under consideration until the U.S. Nuclear Regulatory Commission (NRC or the Commission) staff formally grants or denies the requested actions in a Directors Decision (DD). After issuing a DD, the petition will be listed as a closed petition.
Licensee/Facility Petitioner/Ticket No.
Page OPEN PETITIONS UNDER CONSIDERATION All Licensees Mark Leyse OEDO-23-00103 2
OPEN PETITION UNDER CONSIDERATION OEDO-23-00103 (Petition Age: 7 month)
Issues/Actions Requested:
The petitioner requested the NRC order licensees to promptly transfer all sufficiently cooled spent fuel assemblies from spent fuel pools to dry cask storage as a means to reduce the likelihood of zirconium fires when spent fuel pool water levels are low.
Background:
On February 28, 2023, the petitioner filed a petition for enforcement action under 10 CFR 2.206 (ML23061A054).
On March 14, 2023 (ML23074A279), the petition manager informed the petitioner that the NRC had determined that immediate action was not warranted. The petition manager informed the petitioner that a PRB would begin its evaluation of the petition.
On March 26, 2023, the petitioner submitted a supplement (ML23087A167) to the original petition.
On March 31, 2023, the NRC staff acknowledged receipt of the supplement, responded to the petitioner question regarding immediate action determinations, and stated that the supplement will be evaluated with the original petition (ML23090A158).
On April 18, 2023, the petitioner submitted a supplement (ML23087A167) to the original petition.
On April 21, 2023, the NRC staff acknowledged receipt of the supplement, stated that the supplement will be evaluated with the original petition, and stated that PRB evaluation of the petition for acceptance is ongoing (ML23090A158).
On May 11, 2023, June 6, 2023, and June 27, 2023, the petition manager informed the petitioner that the PRB was still performing its initial evaluation of the petition.
Actions Completed This Quarter/Next Steps:
On July 21, 2023 (ML23202A067), the petition manager informed the petitioner that the PRBs initial assessment was that the petition did not meet the MD 8.11 criteria for accepting petitions under 10 CFR 2.206. The petition manager offered the petitioner an opportunity to address the PRB.
Facility:
All NRC Licensees with Spent Fuel Pools Licensee Type:
Power Petitioner(s):
Mark Leyse Date of Petition:
February 28, 2023 DD to be Issued by:
Office of Nuclear Reactor Regulation Acknowledgment Letter Issued:
Not Applicable Closure Letter Issued:
Not Applicable Last Contact with Petitioner:
September 29, 2023 Petition Manager:
Perry Buckberg Case Attorney:
Robert Carpenter On September 12, 2023, the petitioner addressed the PRB in a public meeting and provided written supplements to the petition (ML23256A313). The meeting transcript is also considered a supplement to the petition (ML23258A163).
The PRB continues to evaluate the petition, as supplemented, in accordance with MD 8.11 Section III.C to determine if it should be accepted into the 10 CFR 2.206 process.
ML23276A574 OFFICE NRR/DORL/LPL4/PM NRR/DORL/LPL2-2/LA NRR/DORL/LPL2-2/BC NRR/DORL/DD NAME PBuckberg RButler DWrona JHeisserer DATE 10/3/2023 10/5/2023 10/12/2023 10/16/2023