ML080080297

G20070540/LTR-07-0459 - Sherwood Martinelli Ltr from J. E. Dyer 2.202, 2.206, and 2.802 Petitions Regarding Indian Point, Units 2 and 3

ML080080297
Person / Time
Site:	Indian Point
Issue date:	02/01/2008
From:	Dyer J Office of Nuclear Reactor Regulation
To:	Martinelli S Friends United for Sustainable Energy (FUSE)
Pickett D, NRR/DORL, 415-1364
Shared Package
ML080140342	List: ML080080297
References
G20070540, LTR-07-0459
Download: ML080080297 (13)

Text

February 1, 2008 Mr. Sherwood Martinelli Friends United for Sustainable Energy 351 Dyckman Street Peekskill, NY 10566

Dear Mr. Martinelli:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter dated June 25, 2007. Friends United for Sustainable Energy (FUSE) submitted a petition pursuant to Title 10, Sections 2.202, 2.206, and 2.802 of the Code of Federal Regulations (10 CFR 2.202, 10 CFR 2.206, and 10 CFR 2.802) to Chairman Dale Klein, Mr. Richard Barkley, and Dr. Pao-Tsin Kuo of the NRC regarding the Indian Point Nuclear Generating Unit Nos. 2 and 3.

The FUSE petition included a request for rulemaking concerning 10 CFR Part 54, Requirements for Renewal of Operating Licenses for Nuclear Power Plants, and requested that the NRC not consider any new license renewal applications until NRC regulations are revised. The petition asserts that the current regulations found in 10 CFR Part 54 are prejudiced and biased, presume that license renewal is a foregone conclusion for all licensees, usurp stakeholder rights protected under the First Amendment of the Constitution, and abridge citizens rights to due process and equal protection. This request for rulemaking was denied.

This denial was published in the Federal Register on November 8, 2007 (72 FR 63141).

The FUSE petition also requested that the NRC refrain from taking any actions relative to the license renewal of Indian Point until NRC amends 10 CFR Part 54 as requested. Because this request is for a licensing action, and not for an enforcement-related action, it does not meet the criteria for acceptance in the 10 CFR 2.206 process (see NRC Management Directive (MD) 8.11, Review Process for 10 CFR 2.206 Petitions). Ms. Susan Shapiro of FUSE was notified of this decision on September 4, 2007, via e-mail from Mr. Douglas Pickett of my staff.

Finally, FUSE requested that, pursuant to 10 CFR 2.206, the NRC immediately suspend the Indian Point licenses until the issues described in the petition at Indian Point are remedied to full compliance with all local, State, and Federal laws. The NRCs Petition Review Board (PRB) met expeditiously to consider the request for immediate suspension of the Indian Point licenses.

The PRB concluded that the FUSE petition did not set forth facts sufficient to constitute a basis for the requested actions. Specifically, the petition did not identify any significant safety issues that would justify an immediate shutdown. Therefore, this request has been denied. Ms. Susan Shapiro of FUSE was notified of this decision on September 4, 2007.

The issues identified by FUSE include radiological contamination through groundwater leakage from the Indian Point Unit 2 spent fuel pool, the licensees failure to implement a new emergency notification siren system as required by NRC Orders, and various other safety, security, and enforcement issues identified over the past 6 years of plant operations.

S. Martinelli On December 21, 2007, a conference call was held with you, the PRB, and a representative of Entergy Nuclear Operations, Inc., the licensee for Indian Point Nuclear Generating Unit Nos. 2 and 3. During this conference call, you provided additional details regarding, among other things, underground leakage of contaminated water at the Indian Point facility and the failure to implement the new emergency notification siren system in a timely manner. A transcript of this discussion, which is enclosed for your information, can be found at Agencywide Documents Access and Management Systems, Accession No. ML080140267.

The PRBs final recommendation is to accept for review pursuant to 10 CFR 2.206, FUSEs concerns regarding the underground leakage of contaminated water at the Indian Point facility and the failure to implement the new emergency notification siren system in a timely manner.

The PRB has taken the further step of consolidating the concern regarding the failure to implement the siren system in a timely manner with a similar issue raised in the FUSE petition of September 28, 2007. This step is being taken due to the similarity of the issues, because both petitions were submitted at approximately the same time, and because you are the principal external stakeholder for both petitions. Therefore, the underground leakage of contaminated water will be addressed through the FUSE petition of June 25, 2007, and the failure to implement the new emergency notification siren system in a timely matter will be addressed through the FUSE petition of September 28, 2007.

The FUSE petition of June 25, 2007, raised a multitude of other concerns which do not meet the criteria for acceptance in the 10 CFR 2.206 process (see MD 8.11). The listing below provides a few examples of specific concerns that do not meet the above criteria. This list is not exhaustive, but is illustrative.

The request does not ask for an enforcement-related action or fails to provide sufficient facts to support the petition but simply alleges wrongdoing, violations of NRC regulations, or existence of safety concerns:

• Page 7. On September 21, 2001, the NRC admits uncertainty that the nations 103 plants could withstand the same kind of impact that leveled the World Trade Center.

• Page 9. On September 8, 2003, the Union of Concerned Scientists and Riverkeeper formally petition the NRC to order the immediate shutdown of both nuclear power reactors because the plants containment sumps are almost certain to be blocked with debris during an accident.

• Page 10. On June 2, 2004, Dr. Erik Larsen, medical director of the STAT Flight emergency helicopter operation at the Westchester Medical Center, raises concerns that the Westchester Medical Center could fall apart with as few as 50 people seeking treatment after an accident at Indian Point.

The request addresses deficiencies within existing NRC rules. This type of request is more appropriately addressed as a petition for rulemaking:

• Page 6. The Design Basis Threat is woefully inadequate to protect the spent fuel pools in the case of a nuclear incident.

S. Martinelli

• Page 14. Title 10 of the Code of Federal Regulations Part 54, which outlines regulations for license renewal, fails to meet the requirements of the Atomic Energy Act of 1946 and 1954.

The request raises issues that have already been the subject of NRC staff review and evaluation either on that facility, other similar facilities, or on a generic basis, for which a resolution has been achieved, the issues have been resolved, and resolution is applicable to the facility in question:

• Page 8. On November 16, 2002, a failed circuit breaker caused the automatic shutdown of Indian Point Nuclear Generating Unit No. 3.

• Page 10. On September 2, 2004, Indian Point Nuclear Generating Unit No. 2 was shut down because of problems maintaining proper water levels in one of the plants four steam generators.

• Page 11. On August 1, 2005, the NRC issued a White Finding to Entergy for their failed response to a nitrogen gas leak first discovered in April 2005.

• Page 16. The Petitioner states that the decommissioning fund for Indian Point is inadequate as it is not properly adjusted for inflation and not properly adjusted for newly discovered underground leakage of contaminated water.

As provided by Section 2.206, we will take action on the FUSE concern regarding underground leakage of contaminated water within a reasonable time. I have assigned Mr. Douglas Pickett to be the petition manager for this petition. Mr. Pickett can be reached at 301-415-1364. Your petition is being reviewed by the Office of Nuclear Reactor Regulation. Included in your petition are several assertions that the NRC has failed to fulfill its responsibility as a regulator, and is not enforcing its regulations with respect to Indian Point. Therefore, I have referred to the NRC Office of the Inspector General those allegations of NRC wrongdoing contained in your petition.

S. Martinelli Enclosed for your information is a copy of the notice that is being filed with the Office of the Federal Register for publication. Also enclosed for your information is a copy of MD 8.11, along with the associated brochures NUREG/BR-0200, Public Petition Process, and NUREG/BR-0215, Public Involvement in the Nuclear Regulatory Process, prepared by the NRC Office of Public Affairs.

Sincerely,

/RA/

J. E. Dyer, Director Office of Nuclear Reactor Regulation

Enclosures:

1. Transcript of December 21, 2007, telephone conference call

2. Federal Register Notice

3. Management Directive 8.11

4. NUREG/BR-0200

5. NUREG/BR-0215 cc w/encl 2: See next page.

ML080140342 (package)

ML080080297 (Acknowledgement Letter and Federal Register Notice)

ML072190190 (Incoming petition)

ML080140267 (Transcript)

ML041770328 (Management Directive 8.11)

ML050900248 (NUREG/BR-0200)

ML003762531 (NUREG/BR-0215) *Concurred via email OFFICE PM/LPL1-1 PM/LPL1-1 LA/LPL1-1 Tech Editor*

NAME DPickett JBoska SLittle HChang (MOBrien for)

DATE 1 / 24 /08 1 / 17 / 08 1 / 16 / 08 1 / 18 / 08 OFFICE BC/LPL1-1 DD/DPR D/DORL D/NRR NAME MKowal HNieh CHaney JDyer DATE 1 / 18 / 08 1 / 23 / 08 1 / 29 / 08 2/01/ 08 Indian Point Nuclear Generating Unit Nos. 2 & 3 cc:

Mr. Michael R. Kansler Mr. John A. Ventosa President & CEO / CNO GM, Engineering Entergy Nuclear Operations, Inc. Entergy Nuclear Operations, Inc.

1340 Echelon Parkway 440 Hamilton Avenue Jackson, MS 39213 White Plains, NY 10601 Mr. John T. Herron Mr. John F. McCann Sr. Vice President Director, Nuclear Safety & Licensing Entergy Nuclear Operations, Inc. Entergy Nuclear Operations, Inc.

1340 Echelon Parkway 440 Hamilton Avenue Jackson, MS 39213 White Plains, NY 10601 Sr. Vice President Ms. Charlene D. Faison Engineering & Technical Services Manager, Licensing Entergy Nuclear Operations, Inc. Entergy Nuclear Operations, Inc.

1340 Echelon Parkway 440 Hamilton Avenue Jackson, MS 39213 White Plains, NY 10601 Mr. Fred R. Dacimo Mr. Ernest J. Harkness Site Vice President Director, Oversight Entergy Nuclear Operations, Inc. Entergy Nuclear Operations, Inc.

Indian Point Energy Center 1340 Echelon Parkway 450 Broadway, GSB Jackson, MS 39213 P.O. Box 249 Buchanan, NY 10511-0249 Mr. Patric W. Conroy Director, Nuclear Safety Assurance Mr. Anthony Vitale - Acting Entergy Nuclear Operations, Inc.

General Manager, Plant Operations Indian Point Energy Center Entergy Nuclear Operations, Inc. 450 Broadway, GSB Indian Point Energy Center P.O. Box 249 450 Broadway, GSB Buchanan, NY 10511-0249 P.O. Box 249 Buchanan, NY 10511-0249 Mr. Robert Walpole Manager, Licensing Mr. Oscar Limpias Entergy Nuclear Operations, Inc.

Vice President Engineering Indian Point Energy Center Entergy Nuclear Operations, Inc. 450 Broadway, GSB 1340 Echelon Parkway P. O. Box 249 Jackson, MS 39213 Buchanan, NY 10511-0249 Mr. Joseph P. DeRoy Mr. William C. Dennis Vice President, Operations Support Assistant General Counsel Entergy Nuclear Operations, Inc. Entergy Nuclear Operations, Inc.

1340 Echelon Parkway 440 Hamilton Avenue Jackson, MS 39213 White Plains, NY 10601

Indian Point Nuclear Generating Unit Nos. 2 & 3 cc:

Mr. Paul Tonko Mr. Raymond L. Albanese President and CEO Four County Coordinator New York State Energy, Research, and 200 Bradhurst Avenue Development Authority Unit 4 Westchester County 17 Columbia Circle Hawthorne, NY 10532 Albany, NY 12203-6399 Mayor, Village of Buchanan Mr. John P. Spath 236 Tate Avenue New York State Energy, Research, and Buchanan, NY 10511 Development Authority 17 Columbia Circle Mr. William DiProfio Albany, NY 12203-6399 PWR SRC Consultant 48 Bear Hill Road Mr. Paul Eddy Newton, NH 03858 New York State Department of Public Service Mr. Garry Randolph 3 Empire State Plaza PWR SRC Consultant Albany, NY 12223-1350 1750 Ben Franklin Drive, 7E Sarasota, FL 34236 Regional Administrator, Region I U.S. Nuclear Regulatory Commission Mr. William T. Russell 475 Allendale Road PWR SRC Consultant King of Prussia, PA 19406 400 Plantation Lane Stevensville, MD 21666-3232 Senior Resident Inspector=s Office Indian Point 2 Mr. Jim Riccio U. S. Nuclear Regulatory Commission Greenpeace P.O. Box 59 702 H Street, NW Buchanan, NY 10511 Suite 300 Washington, DC 20001 Senior Resident Inspector=s Office Indian Point 3 Mr. Phillip Musegaas U. S. Nuclear Regulatory Commission Riverkeeper, Inc.

P.O. Box 59 828 South Broadway Buchanan, NY 10511 Tarrytown, NY 10591 Mr. Charles Donaldson, Esquire Mr. Mark Jacobs Assistant Attorney General IPSEC New York Department of Law 46 Highland Drive 120 Broadway Garrison, NY 10524 New York, NY 10271

7590-01-P U.S. NUCLEAR REGULATORY COMMISSION ENTERGY NUCLEAR OPERATIONS, INC.

ENTERGY NUCLEAR INDIAN POINT 2, LLC ENTERGY NUCLEAR INDIAN POINT 3, LLC INDIAN POINT NUCLEAR GENERATING UNIT NOS. 2 AND 3 DOCKET NOS. 50-247 AND 50-286 LICENSE NOS. DPR-26 AND DPR-64 RECEIPT OF REQUEST FOR ACTION UNDER 10 CFR 2.206 Notice is hereby given that by petition dated June 25, 2007, Friends United for Sustainable Energy (FUSE, the Petitioner) has requested that pursuant to 10 CFR 2.206, the NRC take action with regard to the Indian Point Nuclear Generating Unit Nos. 2 and 3 (Indian Point). The petition requested that the NRC issue orders, effective immediately, to suspend the Indian Point licenses until such time as the issues described in the petition can be remedied to a point of full compliance with all local, State, and Federal laws.

The request is being treated pursuant to 10 CFR 2.206 of the Commissions regulations.

The request has been referred to the Director of the Office of Nuclear Reactor Regulation (NRR). On September 4, 2007, the Petitioner was notified that its request for immediate action is denied. The Petitioner participated in a conference call with the NRR Petition Review Board (PRB) on December 21, 2007, to discuss the petition. The additional information provided by the Petitioner was considered by the PRB before making its final recommendation. By letter dated February 1, 2008, the Director accepted for review pursuant to 10 CFR 2.206 the Petitioners concerns regarding the licensees failure to implement the new emergency notification siren system in a timely manner and the underground leakage of contaminated

water at the Indian Point facility. As provided by Section 2.206, appropriate action will be taken on this petition within a reasonable time.

A copy of the petition can be located at Agencywide Documents Access and Management Systems, Accession No. ML072140693, and is available for inspection at the Commissions Public Document Room, located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

J. E. Dyer, Director Office of Nuclear Reactor Regulation Dated at Rockville, Maryland this 1st day of February 2008.

Enclosure 1 Transcript of December 21, 2007, Teleconference ADAMS Accession No. ML080140267

Enclosure 3 Management Directive 8.11 Review Process for 10 CFR 2.206 Petitions ADAMS Accession No. ML041770328

Enclosure 4 NUREG/BR-0200 Public Petition Process ADAMS Accession No. ML050900248

Enclosure 5 NUREG/BR-0215 Public Involvement in the Nuclear Regulatory Process ADAMS Accession No. ML003762531