ML061790450: Difference between revisions

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{{#Wiki_filter:June 27, 2006Mr. Terry J. LodgeCounsel for Petitioners 316 N. Michigan Street, Suite 520 Toledo, Ohio 43624-1627
{{#Wiki_filter:June 27, 2006 Mr. Terry J. Lodge Counsel for Petitioners 316 N. Michigan Street, Suite 520 Toledo, Ohio 43624-1627


==SUBJECT:==
==SUBJECT:==
REVIEW CONSIDERATION OF 10 CFR 2.206 PETITION REGARDINGPALISADES NUCLEAR PLANT
REVIEW CONSIDERATION OF 10 CFR 2.206 PETITION REGARDING PALISADES NUCLEAR PLANT


==Dear Mr. Lodge:==
==Dear Mr. Lodge:==


Your petition dated April 4, 2006, has been referred to me pursuant to 10 CFR 2.206 of theNuclear Regulatory Commission (NRC) regulations. You requested that the NRC takeenforcement action against the Palisades Nuclear Plant (PNP) by condemning and stopping the use of the two independent spent fuel storage installation (ISFSI) concrete pads holding dry spent fuel storage ca sks on the plant site. As the basis for your request, you state that theconcrete cask storage pads do not conform with NRC regulations for earthquake stability asrequired by 10 CFR 72.212(b)(2)(i)(B) and 72.212(b)(3) and therefore, poses a hazard in the event of an earthquake. I would like to express my appreciation and thanks for your effort in bringing these matters to our attention. Your representatives spoke with our Petition Review Board (PRB) on April 26, 2006, to discussyour petition. You were sent a transcription of the teleconference on May 3, 2006. By letter dated May 4, 2006, the staff acknowledged receipt of your petition and enclosed a copy of NRC publications regarding the 10 CFR 2.206 process, Management Directive 8.11, "ReviewProcess for 10 CFR 2.206 Petitions," and NUREG/BR-0200, "Public Petition.On June 9,2006, you were sent a status letter regarding your petition. The PRB has met and determined that your request to condemn and stop the use of the two ISFSI concrete pads at PNP does not require immediate action.The PRB has determined that your petition is accepted for review in part, specifically withrespect to slope stability of the concrete pad constructed in 2003. Those portions of yourpetition concerning the older concrete pad constructed in 1992 and soil liquefaction related to the newer pad were not accepted for review because those issues have already been the subject of NRC staff review and have been resolved. The staff review of the older pad isdocumented in the Palisades Plant - NRC Final Safety Assessment of ISFSI Support Pad,dated September 20, 1994. In that assessment the staff concluded that the location of thestorage pad at the Palisades site is acceptable to support the concrete storage cask against all effects of the design basis earthquake for the site. The staff resolution of the issue regarding soil liquefaction due to earthquake amplification for the newer pad was documented in NRC Inspection Report 50-255/2006002, dated May 11, 2006.NRC staff review of the slope stability analysis for the newer pad is currently ongoing; however,a revised scheduled has yet to be established. When this technical issue is resolved, the staff will respond to your petition in a timely manner.
Your petition dated April 4, 2006, has been referred to me pursuant to 10 CFR 2.206 of the Nuclear Regulatory Commission (NRC) regulations. You requested that the NRC take enforcement action against the Palisades Nuclear Plant (PNP) by condemning and stopping the use of the two independent spent fuel storage installation (ISFSI) concrete pads holding dry spent fuel storage casks on the plant site. As the basis for your request, you state that the concrete cask storage pads do not conform with NRC regulations for earthquake stability as required by 10 CFR 72.212(b)(2)(i)(B) and 72.212(b)(3) and therefore, poses a hazard in the event of an earthquake. I would like to express my appreciation and thanks for your effort in bringing these matters to our attention.
T. Lodge- 2 -Your petition is being reviewed by the Spent Fuel Project Office within the Office of NuclearMaterial Safety and Safeguards. Ray Wharton is currently the petition manager for your petition. He can be reached by telephone at 301-415-1396 or by e-mail at lrw@nrc.gov
Your representatives spoke with our Petition Review Board (PRB) on April 26, 2006, to discuss your petition. You were sent a transcription of the teleconference on May 3, 2006. By letter dated May 4, 2006, the staff acknowledged receipt of your petition and enclosed a copy of NRC publications regarding the 10 CFR 2.206 process, Management Directive 8.11, "Review Process for 10 CFR 2.206 Petitions, and NUREG/BR-0200, Public Petition. On June 9, 2006, you were sent a status letter regarding your petition. The PRB has met and determined that your request to condemn and stop the use of the two ISFSI concrete pads at PNP does not require immediate action.
.Enclosed for your information is a copy of the Federal Register notice regarding this action thatwill be forwarded to the Office of the Federal Register for publication.Sincerely,/RA By M. Wong Acting For/William H. Ruland, Deputy DirectorSpent Fuel Project Office Office of Nuclear Material Safety and SafeguardsDocket Nos.: 72-7, 50-255
The PRB has determined that your petition is accepted for review in part, specifically with respect to slope stability of the concrete pad constructed in 2003. Those portions of your petition concerning the older concrete pad constructed in 1992 and soil liquefaction related to the newer pad were not accepted for review because those issues have already been the subject of NRC staff review and have been resolved. The staff review of the older pad is documented in the Palisades Plant - NRC Final Safety Assessment of ISFSI Support Pad, dated September 20, 1994. In that assessment the staff concluded that the location of the storage pad at the Palisades site is acceptable to support the concrete storage cask against all effects of the design basis earthquake for the site. The staff resolution of the issue regarding soil liquefaction due to earthquake amplification for the newer pad was documented in NRC Inspection Report 50-255/2006002, dated May 11, 2006.
NRC staff review of the slope stability analysis for the newer pad is currently ongoing; however, a revised scheduled has yet to be established. When this technical issue is resolved, the staff will respond to your petition in a timely manner.
 
T. Lodge                                     Your petition is being reviewed by the Spent Fuel Project Office within the Office of Nuclear Material Safety and Safeguards. Ray Wharton is currently the petition manager for your petition. He can be reached by telephone at 301-415-1396 or by e-mail at lrw@nrc.gov.
Enclosed for your information is a copy of the Federal Register notice regarding this action that will be forwarded to the Office of the Federal Register for publication.
Sincerely,
                                            /RA By M. Wong Acting For/
William H. Ruland, Deputy Director Spent Fuel Project Office Office of Nuclear Material Safety and Safeguards Docket Nos.: 72-7, 50-255


==Enclosure:==
==Enclosure:==
Federal Register Notice cc: Nuclear Management Company, LLC,       Mailing List T. Lodge- 2 -Your petition is being reviewed by the Spent Fuel Project Office within the Office of NuclearMaterial Safety and Safeguards. Ray Wharton is currently the petition manager for your petition. He can be reached by telephone at 301-415-1396 or by e-mail at lrw@nrc.gov
Federal Register Notice cc: Nuclear Management Company, LLC, Mailing List
.Enclosed for your information is a copy of the Federal Register notice regarding this action thatwill be forwarded to the Office of the Federal Register for publication.Sincerely,/RA By M. Wong Acting For/William H. Ruland, Deputy DirectorSpent Fuel Project Office Office of Nuclear Material Safety and SafeguardsDocket Nos.: 72-7, 50-255
 
T. Lodge                                           Your petition is being reviewed by the Spent Fuel Project Office within the Office of Nuclear Material Safety and Safeguards. Ray Wharton is currently the petition manager for your petition. He can be reached by telephone at 301-415-1396 or by e-mail at lrw@nrc.gov.
Enclosed for your information is a copy of the Federal Register notice regarding this action that will be forwarded to the Office of the Federal Register for publication.
Sincerely,
                                                    /RA By M. Wong Acting For/
William H. Ruland, Deputy Director Spent Fuel Project Office Office of Nuclear Material Safety and Safeguards Docket Nos.: 72-7, 50-255


==Enclosure:==
==Enclosure:==
Federal Register Notice cc: Nuclear Management Company, LLC,       Mailing ListDistribution: G20060369NMSS r/fSFPO r/fRidsEDOMailCenterRidsNmssOd        DPstrakEHeumannPGoldbergDStarkeyMRodgersG:\SFPO\Wharton\2.206 Petition\Review Letter.wpdML061790447OFCSFPOESFPOSFPOSFPO NAMELRWhartonEZiegler RNelson MRahimi forWRuland MWong for DATE06/21/0606/21/0606/27/0606/27/06OFFICIAL RECORD COPY Palisades Plant cc:
Federal Register Notice cc: Nuclear Management Company, LLC, Mailing List Distribution: G20060369 NMSS r/f          SFPO r/f RidsEDOMailCenter      RidsNmssOd    DPstrak EHeumann          PGoldberg        DStarkey        MRodgers G:\SFPO\Wharton\2.206 Petition\Review Letter.wpd                          ML061790447 OFC          SFPO        E    SFPO          SFPO                  SFPO NAME        LRWharton        EZiegler      RNelson MRahimi for  WRuland MWong for DATE        06/21/06        06/21/06      06/27/06              06/27/06 OFFICIAL RECORD COPY
Robert A. Fenech, Senior Vice PresidentNuclear, Fossil, and Hydro Operations Consumers Energy Company 1945 Parnall Rd.
Jackson, MI  49201Arunas T. Udrys, EsquireConsumers Energy Company 1 Energy Plaza Jackson, MI  49201Regional Administrator, Region IIIU.S. Nuclear Regulatory Commission Suite 210 2443  Warrenville RoadLisle, IL  60532-4351SupervisorCovert Township


P. O. Box 35 Covert, MI  49043Office of the GovernorP. O. Box 30013 Lansing, MI  48909U.S. Nuclear Regulatory CommissionResident Inspector's Office Palisades Plant 27782 Blue Star Memorial Highway Covert, MI  49043Michigan Department of Environmental QualityWaste and Hazardous Materials Division Hazardous Waste and Radiological Protection Section Nuclear Facilities Unit Constitution Hall, Lower-Level North 525 West Allegan Street P.O. Box 30241 Lansing, MI  48909-7741Michigan Department of Attorney GeneralSpecial Litigation Division 525 West Ottawa St.
Palisades Plant cc:
Sixth Floor, G. Mennen Williams BuildingLansing, MI 48913Michael B. SellmanPresident and Chief Executive Officer Nuclear Management Company, LLC 700 First Street Hudson, MI 54016Jonathan Rogoff, EsquireVice President, Counsel & Secretary Nuclear Management Company, LLC 700 First Street Hudson, WI 54016Douglas E. CooperSenior Vice President - Group Operations Palisades Nuclear Plant Nuclear Management Company, LLC 27780 Blue Star Memorial Highway Covert, MI 49043Stephen T. Wawro, Director of Nuclear Assets Consumers Energy Company Palisades Nuclear Plant 27780 Blue Star Memorial Highway Covert, MI 49043Laurie A. Lahti, ManagerRegulatory Affairs Nuclear Management Company, LLC Palisades Nuclear Plant 27780 Blue Star Memorial Highway Covert, MI 49043}}
Robert A. Fenech, Senior Vice President      Michigan Department of Attorney General Nuclear, Fossil, and Hydro Operations        Special Litigation Division Consumers Energy Company                    525 West Ottawa St.
1945 Parnall Rd.                            Sixth Floor, G. Mennen Williams Building Jackson, MI 49201                            Lansing, MI 48913 Arunas T. Udrys, Esquire                    Michael B. Sellman Consumers Energy Company                    President and Chief Executive Officer 1 Energy Plaza                              Nuclear Management Company, LLC Jackson, MI 49201                            700 First Street Hudson, MI 54016 Regional Administrator, Region III U.S. Nuclear Regulatory Commission          Jonathan Rogoff, Esquire Suite 210                                    Vice President, Counsel & Secretary 2443 Warrenville Road                        Nuclear Management Company, LLC Lisle, IL 60532-4351                        700 First Street Hudson, WI 54016 Supervisor Covert Township                              Douglas E. Cooper P. O. Box 35                                Senior Vice President - Group Operations Covert, MI 49043                            Palisades Nuclear Plant Nuclear Management Company, LLC Office of the Governor                      27780 Blue Star Memorial Highway P. O. Box 30013                              Covert, MI 49043 Lansing, MI 48909 Stephen T. Wawro, Director U.S. Nuclear Regulatory Commission            of Nuclear Assets Resident Inspector's Office                  Consumers Energy Company Palisades Plant                              Palisades Nuclear Plant 27782 Blue Star Memorial Highway            27780 Blue Star Memorial Highway Covert, MI 49043                            Covert, MI 49043 Michigan Department of Environmental Quality Laurie A. Lahti, Manager Waste and Hazardous Materials Division      Regulatory Affairs Hazardous Waste and Radiological            Nuclear Management Company, LLC Protection Section                          Palisades Nuclear Plant Nuclear Facilities Unit                      27780 Blue Star Memorial Highway Constitution Hall, Lower-Level North        Covert, MI 49043 525 West Allegan Street P.O. Box 30241 Lansing, MI 48909-7741}}

Latest revision as of 17:56, 23 November 2019

G20060369 - 06/27/06 - Ltr. to T.J. Lodge, Counsel for Petitioners Re Review Consideration of 10 CFR 2.206 Petition Regarding Palisades Nuclear Plant
ML061790450
Person / Time
Site: Palisades  Entergy icon.png
Issue date: 06/27/2006
From: Ruland W
NRC/NMSS/SFPO
To: Lodge T
- No Known Affiliation
Wharton L, NMSS/SFPO, 301-415-1396
Shared Package
ML061790447 List:
References
2.206, 50-255, 72-7 (2.206), G20060369, RAS 13883
Download: ML061790450 (4)


Text

June 27, 2006 Mr. Terry J. Lodge Counsel for Petitioners 316 N. Michigan Street, Suite 520 Toledo, Ohio 43624-1627

SUBJECT:

REVIEW CONSIDERATION OF 10 CFR 2.206 PETITION REGARDING PALISADES NUCLEAR PLANT

Dear Mr. Lodge:

Your petition dated April 4, 2006, has been referred to me pursuant to 10 CFR 2.206 of the Nuclear Regulatory Commission (NRC) regulations. You requested that the NRC take enforcement action against the Palisades Nuclear Plant (PNP) by condemning and stopping the use of the two independent spent fuel storage installation (ISFSI) concrete pads holding dry spent fuel storage casks on the plant site. As the basis for your request, you state that the concrete cask storage pads do not conform with NRC regulations for earthquake stability as required by 10 CFR 72.212(b)(2)(i)(B) and 72.212(b)(3) and therefore, poses a hazard in the event of an earthquake. I would like to express my appreciation and thanks for your effort in bringing these matters to our attention.

Your representatives spoke with our Petition Review Board (PRB) on April 26, 2006, to discuss your petition. You were sent a transcription of the teleconference on May 3, 2006. By letter dated May 4, 2006, the staff acknowledged receipt of your petition and enclosed a copy of NRC publications regarding the 10 CFR 2.206 process, Management Directive 8.11, "Review Process for 10 CFR 2.206 Petitions, and NUREG/BR-0200, Public Petition. On June 9, 2006, you were sent a status letter regarding your petition. The PRB has met and determined that your request to condemn and stop the use of the two ISFSI concrete pads at PNP does not require immediate action.

The PRB has determined that your petition is accepted for review in part, specifically with respect to slope stability of the concrete pad constructed in 2003. Those portions of your petition concerning the older concrete pad constructed in 1992 and soil liquefaction related to the newer pad were not accepted for review because those issues have already been the subject of NRC staff review and have been resolved. The staff review of the older pad is documented in the Palisades Plant - NRC Final Safety Assessment of ISFSI Support Pad, dated September 20, 1994. In that assessment the staff concluded that the location of the storage pad at the Palisades site is acceptable to support the concrete storage cask against all effects of the design basis earthquake for the site. The staff resolution of the issue regarding soil liquefaction due to earthquake amplification for the newer pad was documented in NRC Inspection Report 50-255/2006002, dated May 11, 2006.

NRC staff review of the slope stability analysis for the newer pad is currently ongoing; however, a revised scheduled has yet to be established. When this technical issue is resolved, the staff will respond to your petition in a timely manner.

T. Lodge Your petition is being reviewed by the Spent Fuel Project Office within the Office of Nuclear Material Safety and Safeguards. Ray Wharton is currently the petition manager for your petition. He can be reached by telephone at 301-415-1396 or by e-mail at lrw@nrc.gov.

Enclosed for your information is a copy of the Federal Register notice regarding this action that will be forwarded to the Office of the Federal Register for publication.

Sincerely,

/RA By M. Wong Acting For/

William H. Ruland, Deputy Director Spent Fuel Project Office Office of Nuclear Material Safety and Safeguards Docket Nos.: 72-7, 50-255

Enclosure:

Federal Register Notice cc: Nuclear Management Company, LLC, Mailing List

T. Lodge Your petition is being reviewed by the Spent Fuel Project Office within the Office of Nuclear Material Safety and Safeguards. Ray Wharton is currently the petition manager for your petition. He can be reached by telephone at 301-415-1396 or by e-mail at lrw@nrc.gov.

Enclosed for your information is a copy of the Federal Register notice regarding this action that will be forwarded to the Office of the Federal Register for publication.

Sincerely,

/RA By M. Wong Acting For/

William H. Ruland, Deputy Director Spent Fuel Project Office Office of Nuclear Material Safety and Safeguards Docket Nos.: 72-7, 50-255

Enclosure:

Federal Register Notice cc: Nuclear Management Company, LLC, Mailing List Distribution: G20060369 NMSS r/f SFPO r/f RidsEDOMailCenter RidsNmssOd DPstrak EHeumann PGoldberg DStarkey MRodgers G:\SFPO\Wharton\2.206 Petition\Review Letter.wpd ML061790447 OFC SFPO E SFPO SFPO SFPO NAME LRWharton EZiegler RNelson MRahimi for WRuland MWong for DATE 06/21/06 06/21/06 06/27/06 06/27/06 OFFICIAL RECORD COPY

Palisades Plant cc:

Robert A. Fenech, Senior Vice President Michigan Department of Attorney General Nuclear, Fossil, and Hydro Operations Special Litigation Division Consumers Energy Company 525 West Ottawa St.

1945 Parnall Rd. Sixth Floor, G. Mennen Williams Building Jackson, MI 49201 Lansing, MI 48913 Arunas T. Udrys, Esquire Michael B. Sellman Consumers Energy Company President and Chief Executive Officer 1 Energy Plaza Nuclear Management Company, LLC Jackson, MI 49201 700 First Street Hudson, MI 54016 Regional Administrator, Region III U.S. Nuclear Regulatory Commission Jonathan Rogoff, Esquire Suite 210 Vice President, Counsel & Secretary 2443 Warrenville Road Nuclear Management Company, LLC Lisle, IL 60532-4351 700 First Street Hudson, WI 54016 Supervisor Covert Township Douglas E. Cooper P. O. Box 35 Senior Vice President - Group Operations Covert, MI 49043 Palisades Nuclear Plant Nuclear Management Company, LLC Office of the Governor 27780 Blue Star Memorial Highway P. O. Box 30013 Covert, MI 49043 Lansing, MI 48909 Stephen T. Wawro, Director U.S. Nuclear Regulatory Commission of Nuclear Assets Resident Inspector's Office Consumers Energy Company Palisades Plant Palisades Nuclear Plant 27782 Blue Star Memorial Highway 27780 Blue Star Memorial Highway Covert, MI 49043 Covert, MI 49043 Michigan Department of Environmental Quality Laurie A. Lahti, Manager Waste and Hazardous Materials Division Regulatory Affairs Hazardous Waste and Radiological Nuclear Management Company, LLC Protection Section Palisades Nuclear Plant Nuclear Facilities Unit 27780 Blue Star Memorial Highway Constitution Hall, Lower-Level North Covert, MI 49043 525 West Allegan Street P.O. Box 30241 Lansing, MI 48909-7741