ML061790450

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
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: ML061790450 ML061790474
References
2.206, 50-255, 72-7 (2.206), G20060369, RAS 13883
Download: ML061790450 (4)

Text

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

SUBJECT:

REVIEW CONSIDERATION OF 10 CFR 2.206 PETITION REGARDINGPALISADES NUCLEAR PLANT

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.

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

.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

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

.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

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:

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.

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