ML24094A084
| ML24094A084 | |
| Person / Time | |
|---|---|
| Issue date: | 04/19/2024 |
| From: | Pelton J Plant Licensing Branch II |
| To: | Mark King Division of Operating Reactor Licensing, NRRON |
| Buckberg P | |
| References | |
| CAC TM3058 10 CFR 2.206 | |
| Download: ML24094A084 (1) | |
Text
April 19, 2024 MEMORANDUM TO:
Michael F. King, Deputy Director Reactor Safety Programs and Mission Support Office of Nuclear Reactor Regulation FROM:
Jamie Pelton, Deputy Director /RA/
Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation
SUBJECT:
200700062 - QUARTERLY JANUARY MARCH 2024 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 January 1 through March 31, 2024, including their age statistics.
Enclosure:
Quarterly 10 CFR 2.206 Status Report January - March 2024 cc: SECY EDO OGC OCA OPA OCFO CONTACT: Perry Buckberg, NRR/DORL 301-415-1383 JAMIE PELTON Digitally signed by JAMIE PELTON Date: 2024.04.19 14:51:42 -04'00'
Enclosure Quarterly Status Report of Public Petitions Submitted Under Title 10 of the Code of Federal Regulations (10 CFR), Section 2.206 January - March 2024 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 PETITIONS CLOSED DURING THIS PERIOD Turkey Point Nuclear Plant Units 3 and 4 and all Pressurized Water Reactors with Renewed Facility Operating Licenses or Under Review Thomas Saporito LTR-23-0216-1 2
All Licensees of commercial boiling water reactors, pressurized water reactors, and AP1000 reactors.
Thomas Saporito OEDO-23-00311 3
OPEN PETITIONS UNDER CONSIDERATION Diablo Canyon Unit 1 San Luis Obispo Mothers for Peace and Friends of the Earth OEDO-23-00350 4
Holtec Beyond Nuclear, Michigan Safe Energy Future, and Dont Waste Michigan OEDO-24-00011 5
Diablo Canyon, Units 1 and 2 San Luis Obispo Mothers for Peace, Friends of the Earth, and Environmental Working Group OEDO-24-00083 6
CLOSED PETITION LTR-23-0216-1 (Petition Age: 4 months)
Issues/Actions Requested:
The petitioner requested that the NRC deny the Subsequent License Renewal (SLR) for Turkey Point because of the claim that the reactor pressure vessel (RPV) condition has not been adequately assessed for the subsequent period of extended operation. The petitioner also requested that all PWRs operating under a RFOL be shut down until licensees can effectively test their RPVs consistent with the petitioners methods and to require all RFOL PWR applicants to assess RPVs consistent with the petitioners methods.
=
Background===
On September 17, 2023, the petitioner filed a petition for enforcement action under 10 CFR 2.206 (ML23262A760).
On October 23, 2023, the portion of the petition related to assessing Turkey Point RPV integrity for the subsequent period of extended operation was screened into the 10 CFR 2.206 process (ML23296A222).
On November 3, 2023, 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 (ML23307A238) in a public meeting.
On November 4, 2023, the petitioner submitted an amendment to the original petition (ML23310A134).
On November 30, 2023, the petitioner addressed the PRB in a public meeting. The meeting transcript is also considered a supplement to the petition (ML23339A188).
Actions Completed This Quarter/Next Steps:
On January 10, 2024, the petition manager informed the petitioner that was that the petition did not meet the MD 8.11 criteria for accepting petitions under 10 CFR 2.206 (ML24023A062).
On January 22, 2024, a closure letter (ML23341A210) was issued stating that the petition does not meet the criteria for consideration under 10 CFR 2.206. All actions on this petition are completed.
Facility:
Turkey Point Nuclear Plant Units 3 and 4 (Turkey Point) and all Pressurized Water Reactors (PWR) with Renewed Facility Operating Licenses (RFOL) or Under with RFOL Applications Under Review Licensee Type:
Power Petitioner(s):
Thomas Saporito Date of Petition:
September 17, 2023 DD may be Issued by:
Office of Nuclear Reactor Regulation Acknowledgment Letter Issued:
Not Applicable Closure Letter Issued:
January 22, 2024 Last Contact with Petitioner:
January 23, 2024 Petition Manager:
Perry Buckberg Case Attorney:
Robert Carpenter CLOSED PETITION OEDO-23-00311 (Petition Age: 6 months)
Issues/Actions Requested:
The petitioner requested the NRC take enforcement action against all licensees of commercial boiling water reactors and pressurized water reactors, including specific actions against licensees of the AP1000 reactors, to enhance requirements to mitigate hydrogen generation during severe accidents.
Background:
On August 27, 2023, the petitioner filed a petition for enforcement action under 10 CFR 2.206 (ML23264A854).
On October 25, 2023 (ML23307A069), 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 November 30, 2023, 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 (ML23334A199) in a public meeting.
On December 1, 2023, the petitioner declined the offer to meet with the PRB and, therefore, withdrew concerns expressed in the petition from the 2.206 process (ML23335A109).
Actions Completed This Quarter/Next Steps:
On February 8, 2024, a closure letter (ML23345A111) was issued stating that the petition does not meet the criteria for consideration under 10 CFR 2.206. All actions on this petition are completed.
Facility:
All NRC Licensees of commercial boiling water reactors, pressurized water reactors, and AP1000 reactors Licensee Type:
Power Petitioner(s):
Thomas Saporito Date of Petition:
August 27, 2023 DD to be Issued by:
Office of Nuclear Reactor Regulation Acknowledgment Letter Issued:
Not Applicable Closure Letter Issued:
February 8, 2024 Last Contact with Petitioner:
February 8, 2024 Petition Manager:
James Kim Case Attorney:
Robert Carpenter OPEN PETITION UNDER CONSIDERATION OEDO-23-00350 (Petition Age: 6 months)
Issues/Actions Requested:
The petitioners requested that the NRC take enforcement action against Pacific Gas and Electric Co. by ordering immediate closure of Diablo Canyon Power Plant, Unit 1 pending the completion of a series of remedial actions to assess reactor pressure vessel embrittlement.
Background:
On September 14, 2023, the petitioners filed a request for hearing under 10 CFR 2.309 (ML23257A302).
On September 25, 2023, the request was referred to the 10 CFR 2.206 process, by the NRC Office of the Secretary (SECY).
On October 6, 2023, the petition was assigned to the Office of Nuclear Reactor Regulation, via ticket OEDO-23-0350.
On November 6, 2023, the petition manager informed the petitioners that the NRC had determined that immediate action was not warranted. The petition manager informed the petitioners that a PRB would begin its evaluation of the petition (ML23335A101).
Actions Completed This Quarter/Next Steps:
On March 8, 2024 (ML23334A199), the petition manager informed the petitioners 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 and offered the petitioners an opportunity to address the PRB in a public meeting.
On March 19, 2024, the petitioners requested additional time to consider the public meeting offer.
Facility:
Diablo Canyon Unit 1 (Diablo)
Licensee Type:
Power Petitioner(s):
San Luis Obispo Mothers for Peace and Friends of the Earth Date of Petition:
September 14, 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:
March 19, 2024 Petition Manager:
Natreon Jordan Case Attorney:
Robert Carpenter OPEN PETITION UNDER CONSIDERATION OEDO-24-00011 (Petition Age: 4 months)
Issues/Actions Requested:
The petitioners requested that the NRC take enforcement action against Holtec Palisades LLC and Holtec Decommissioning International (Holtec) alleging that Holtec misused decommissioning funds at the Palisades Nuclear Plant.
Background:
On December 5, 2023, the petitioners filed a request for hearing under 10 CFR 2.309 (ML23339A192).
On December 18, 2024, the request was referred to the 10 CFR 2.206 process, by the SECY (ML23352A325).
Actions Completed This Quarter/Next Steps:
On January 16, 2024, the petition was assigned to the Office of Nuclear Reactor Regulation, via ticket OEDO-24-00011.
On February 1, 2024, the petition manager informed the petitioners that the NRC had determined that immediate action was not warranted. The petition manager also informed the petitioners that the contention regarding the misuse of decommissioning funding had screened into the 2.206 process (ML24032A244).
On February 15, 2024, the petition manager provided a status update to the petitioners.
On February 29, 2024 (ML24061A014), the petition manager informed the petitioners 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 and offered the petitioners an opportunity to address the PRB in a public meeting.
On March 20, 2024, the petitioners agreed to hold a public meeting on April 10, 2024 (ML24085A152).
Facility:
Holtec Licensee Type:
Power Petitioner(s):
Beyond Nuclear, Michigan Safe Energy Future, and Dont Waste Michigan Date of Petition:
December 5, 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:
March 25, 2024 Petition Manager:
James Kim Case Attorney:
Robert Carpenter OPEN PETITION UNDER CONSIDERATION OEDO-24-00083 (Petition Age: 1 months)
Issues/Actions Requested:
The petitioners requested that the NRC take enforcement action against Pacific Gas and Electric Co. by ordering immediate closure of Diablo Canyon, Units 1 and 2 due to the assertion that there is unacceptable risk of a seismically induced severe accident.
Actions Completed This Quarter/Next Steps:
On March 4, 2024, the petitioners submitted a petition to the NRC (ML24067A066).
On March 12, 2024, the petition was referred to the 10 CFR 2.206 process, by the SECY (ML24072A529).
On March 14, 2024, the petition was assigned to the Office of Nuclear Reactor Regulation, via ticket OEDO-24-00083.
On March 28, 2024, the petition manager informed the petitioners that the NRC had determined that immediate action was not warranted. The petition manager informed the petitioners that a PRB would begin its evaluation of the petition (ML24088A238).
The PRB will continue to evaluate the petition in accordance with MD 8.11 Section III.C to determine if it should be accepted into the 10 CFR 2.206 process.
Facility:
Diablo Canyon Unit 1 and Unit 2 Licensee Type:
Power Petitioner(s):
San Luis Obispo Mothers for Peace, Friends of the Earth, and Environmental Working Group Date of Petition:
March 4, 2024 DD to be Issued by:
Office of Nuclear Reactor Regulation Acknowledgment Letter Issued:
Not Applicable Closure Letter Issued:
Not Applicable Last Contact with Petitioner:
March 28, 2024 Petition Manager:
Perry Buckberg Case Attorney:
ML24094A084 OFFICE NRR/DORL/LPL22/PM NRR/DORL/LPL2-2/LA NRR/DORL/LPL2-2/BC NRR/DORL/DD NAME PBuckberg ABaxter DWrona JPelton DATE 4/ /2024 4/05/2024 4/12/2024 4/19/2024