ML070310049

G20070073 - Thomas Gurdziel Ltr. Re 2.206 - Siren/Alarm System at Indian Point, People in the Area Will Not Have a Battery Backup System to Provide Them with Warning in the Event a Serious Problem Occurs at the Plants

ML070310049
Person / Time
Site:	Indian Point
Issue date:	02/20/2007
From:	Ho Nieh NRC/NRR/ADRA/DPR
To:	Tom Gurdziel - No Known Affiliation
Boska J, NRR, 301-415-2901
Shared Package
ml070310059	List: ML070310049
References
2.206, G20070073, TAC MD4211, TAC MD4212
Download: ML070310049 (5)

Text

February 20, 2007 Mr. Thomas Gurdziel 9 Twin Orchard Drive Oswego, NY 13126

Dear Mr. Gurdziel:

In an email addressed to the Office of Public Affairs at the Nuclear Regulatory Commission (NRC), dated January 11, 2007, you requested that Indian Point Nuclear Generating Unit Nos.

2 and 3 be shut down if they do not have a "fully tested, operational, new siren system working at the end of January, 2007." Your email was referred to the Office of Nuclear Reactor Regulation (NRR) pursuant to 10 CFR 2.206 of the NRC's regulations. As the basis for your request, you noted that Indian Point was supposed to have the new siren system working. In a letter dated January 26, 2007, you provided an additional suggestion of an NRC-imposed penalty of a 10% per month power reduction if the new siren system is not operational, and you requested that your letter be considered as a 10 CFR 2.206 petition.

The NRC had issued an Order to Indian Point to install backup power to the Indian Point siren system, as required by the Energy Policy Act of 2005. The deadline in the original Order was January 30, 2007. On January 11, 2007, Entergy, the licensee for Indian Point, submitted a relaxation request to the Order to extend the implementation date to April 15, 2007. On January 23, 2007, the NRC approved Entergy's request after finding that Entergy made a good faith effort to comply with the Order and has demonstrated good cause to relax the Order.

The NRR petition review board (PRB) met on January 24, 2007, to review your email submittal.

The PRB has concluded that your submittal does not meet the criteria for consideration under 10 CFR 2.206 because you did not set forth facts sufficient to constitute a basis for the requested action, in that you did not identify a violation of any NRC requirement nor a public health or safety hazard. The NRC staff informed you of this determination in an email on January 24, 2007. In your response, you indicated that you did not want to meet with the PRB on this matter. In addition, the PRB considered the information in your January 26, 2007, letter and determined that it does not meet the criteria for consideration under 10 CFR 2.206 for the same reason as noted above.

Thank you for your interest in these matters.

Sincerely,

/RA/

Ho K. Nieh, Deputy Director Division of Policy and Rulemaking Office of Nuclear Reactor Regulation Docket Nos. 50-247 and 50-286

Enclosures:

1. Email by Mr. Gurdziel dated January 11, 2007

2. Letter by Mr. Gurdziel dated January 26, 2007 cc w/encls: See next page

February 20, 2007 Mr. Thomas Gurdziel 9 Twin Orchard Drive Oswego, NY 13126

Dear Mr. Gurdziel:

In an email addressed to the Office of Public Affairs at the Nuclear Regulatory Commission (NRC), dated January 11, 2007, you requested that Indian Point Nuclear Generating Unit Nos.

2 and 3 be shut down if they do not have a "fully tested, operational, new siren system working at the end of January, 2007." Your email was referred to the Office of Nuclear Reactor Regulation (NRR) pursuant to 10 CFR 2.206 of the NRC's regulations. As the basis for your request, you noted that Indian Point was supposed to have the new siren system working. In a letter dated January 26, 2007, you provided an additional suggestion of an NRC-imposed penalty of a 10% per month power reduction if the new siren system is not operational, and you requested that your letter be considered as a 10 CFR 2.206 petition.

The NRC had issued an Order to Indian Point to install backup power to the Indian Point siren system, as required by the Energy Policy Act of 2005. The deadline in the original Order was January 30, 2007. On January 11, 2007, Entergy, the licensee for Indian Point, submitted a relaxation request to the Order to extend the implementation date to April 15, 2007. On January 23, 2007, the NRC approved Entergy's request after finding that Entergy made a good faith effort to comply with the Order and has demonstrated good cause to relax the Order.

The NRR petition review board (PRB) met on January 24, 2007, to review your email submittal.

The PRB has concluded that your submittal does not meet the criteria for consideration under 10 CFR 2.206 because you did not set forth facts sufficient to constitute a basis for the requested action, in that you did not identify a violation of any NRC requirement nor a public health or safety hazard. The NRC staff informed you of this determination in an email on January 24, 2007. In your response, you indicated that you did not want to meet with the PRB on this matter. In addition, the PRB considered the information in your January 26, 2007, letter and determined that it does not meet the criteria for consideration under 10 CFR 2.206 for the same reason as noted above.

Thank you for your interest in these matters.

Sincerely,

/RA/

Ho K. Nieh, Deputy Director Division of Policy and Rulemaking Office of Nuclear Reactor Regulation Docket Nos. 50-247 and 50-286

Enclosures:

1. Email by Mr. Gurdziel dated January 11, 2007

2. Letter by Mr. Gurdziel dated January 26, 2007 cc w/encls: See next page Package=ML070310059, Letter= ML070310049, Enclosures= ML070260087, ML070320370 OFFICE LPL1-1/PM LPL1-1/LA LPL1-1/BC(A) DD/DPR NAME JBoska SLittle D. Pickett H. Nieh DATE 2/15/07 2/12/07 2/12/07 2/20/07 Official Record Copy

LETTER TO MR. GURDZIEL DATED G20070073 PUBLIC LPL1-1 R/F RidsNrrDorl RidsNrrDorlLpla RidsNrrDirsItsb RidsNrrPMJBoska RidsNrrLASLittle RidsNrrWpcMail ECobey, RI GLongo, OGC HNieh RidsOGCMailCenter RidsEDOMailCenter RidsOpaMail RidsRgn1MailCenter RidsAcrsAcnwMailCenter cc: Plant Mailing list

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

Mr. Gary J. Taylor Ms. Charlene D. Faison Chief Executive Officer Manager, Licensing Entergy Operations, Inc. Entergy Nuclear Operations, Inc.

1340 Echelon Parkway 440 Hamilton Avenue Jackson, MS 39213 White Plains, NY 10601 Mr. John T. Herron Mr. Michael J. Columb Senior Vice President and Director of Oversight Chief Operating Officer Entergy Nuclear Operations, Inc.

Entergy Nuclear Operations, Inc. 440 Hamilton Avenue 440 Hamilton Avenue White Plains, NY 10601 White Plains, NY 10601 Mr. James Comiotes Mr. Fred R. Dacimo Director, Nuclear Safety Assurance Site Vice President Entergy Nuclear Operations, Inc.

Entergy Nuclear Operations, Inc. Indian Point Energy Center Indian Point Energy Center 450 Broadway, GSB 450 Broadway, GSB P.O. Box 249 P.O. Box 249 Buchanan, NY 10511-0249 Buchanan, NY 10511-0249 Mr. Patric Conroy Mr. Paul Rubin Manager, Licensing General Manager, Plant Operations Entergy Nuclear Operations, Inc.

Entergy Nuclear Operations, Inc. Indian Point Energy Center Indian Point Energy Center 450 Broadway, GSB 450 Broadway P. O. Box 249 P.O. Box 249 Buchanan, NY 10511-0249 Buchanan, NY 10511-0249 Assistant General Counsel Mr. Oscar Limpias Entergy Nuclear Operations, Inc.

Vice President Engineering 440 Hamilton Avenue Entergy Nuclear Operations, Inc. White Plains, NY 10601 440 Hamilton Avenue White Plains, NY 10601 Mr. Peter R. Smith, President New York State Energy, Research, and Mr. Christopher Schwarz Development Authority Vice President, Operations Support 17 Columbia Circle Entergy Nuclear Operations, Inc. Albany, NY 12203-6399 440 Hamilton Avenue White Plains, NY 10601 Mr. Paul Eddy New York State Department Mr. John F. McCann of Public Service Director, Licensing 3 Empire State Plaza Entergy Nuclear Operations, Inc. Albany, NY 12223 440 Hamilton Avenue White Plains, NY 10601

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

Regional Administrator, Region I Mr. William T. Russell U.S. Nuclear Regulatory Commission PWR SRC Consultant 475 Allendale Road 400 Plantation Lane King of Prussia, PA 19406 Stevensville, MD 21666-3232 Senior Resident Inspectors Office Mr. Jim Riccio Indian Point 2 Greenpeace U. S. Nuclear Regulatory Commission 702 H Street, NW P.O. Box 59 Suite 300 Buchanan, NY 10511 Washington, DC 20001 Senior Resident Inspectors Office Mr. Phillip Musegaas Indian Point 3 Riverkeeper, Inc.

U. S. Nuclear Regulatory Commission 828 South Broadway P.O. Box 59 Tarrytown, NY 10591 Buchanan, NY 10511 Mr. Mark Jacobs Mr. Charles Donaldson, Esquire IPSEC Assistant Attorney General 46 Highland Drive New York Department of Law Garrison, NY 10524 120 Broadway New York, NY 10271 Mr. Michael Kansler President Mayor, Village of Buchanan Entergy Nuclear Operations, Inc.

236 Tate Avenue 440 Hamilton Avenue Buchanan, NY 10511 White Plains, NY 10601 Mr. Raymond L. Albanese Four County Coordinator 200 Bradhurst Avenue Unit 4 Westchester County Hawthorne, NY 10532 Mr. William DiProfio PWR SRC Consultant 139 Depot Road East Kingston, NH 03827 Mr. Garry Randolph PWR SRC Consultant 1750 Ben Franklin Drive, 7E Sarasota, FL 34236