ML070330088

G20060525 - Glenn Adler Ltr. Re 2.206 - South Texas Project Electric Generating Station - Comprehensive Cultural Assessments - Letter to Petitioner Enclosing Final Director'S Decision No. DD-07-01 Under 10 CFR 2.206 and Fr Notice

ML070330088
Person / Time
Site:	South Texas
Issue date:	02/24/2007
From:	Dyer J E Office of Nuclear Reactor Regulation
To:	Adler G Service Employees International Union
Thadani, M C, NRR/DORL/LP4, 415-1476
Shared Package
ML070330052	List: ML070330088 ML070330107
References
2.206, DD-07-01, G20060525, TAC MD2157, TAC MD2158
Download: ML070330088 (5)

Text

February 24, 2007Mr. Glenn AdlerSenior Research Analyst Service Employees International Union 1313 L Street, NW Washington, DC 20005

Dear Mr. Adler:

This letter responds to the petition filed by the Service Employees International Union withMr. Luis Reyes, Executive Director for Operations at the U.S. Nuclear Regulatory Commission (NRC), pursuant to Title 10, Section 2.206, "Requests for Action Under this Subpart," of the Code of Federal Regulations (10 CFR 2.206) on May 16, 2006 (Agencywide DocumentsAccess and Management System (ADAMS) Accession No. ML061460041). In the petition, you requested that the NRC issue demands for information (DFIs) to STP Nuclear Operating Company (STPNOC), licensee for the South Texas Project (STP) Electric Generating Station, to provide the results of assessments of the safety-conscious work environment (SCWE) at STP conducted since January 1, 2004; summaries of action plans and results of actions to remedy the problems revealed by the assessments, including documents mentioned at an August 2005 meeting convened to discuss the STP SCWE; summaries of action plans and results of efforts to remedy problems revealed by such assessments in 2001 and 2003; and all correspondence between the NRC, STPNOC, and Wackenhut Corporation concerning the 2001, 2003, and 2005 comprehensive cultural assessments (CCAs). During a meeting with the Office of Nuclear Reactor Regulation's petition review board, onJune 27, 2006, you clarified the bases of your petition and provided the NRC staff with copies of the supplement to your petition (ADAMS Accession No. ML062070008). The NRC staff sent a copy of the proposed Director's Decision to you and STPNOC forcomment by letters dated November 22, 2006. At your request, the NRC extended the end of the comment period from December 21, 2006, to January 12, 2007. You have since informed us that you do not have any comments.Your petition requested that NRC issue a DFI to obtain information in order to be betterinformed and to better assess the effectiveness of steps taken by STPNOC regarding Wackenhut and other entities who have had persistent problems. Since the NRC already has reviewed and has ready access to all of the information requested by the petition, issuance of the requested DFI to STPNOC would not result in an Order or other action and is not warranted. Since the requested material was not required by the NRC Order (Confirmatory Order Modifying License (Effective Immediately) of June 9, 1998) and was not submitted to the NRC, and is maintained at the licensee's facility and readily accessible to the NRC staff, docketing the requested information is unwarranted. Accordingly, the NRC denies your requests to issue a DFI to STPNOC, and to docket the documents for which a DFI was requested.

G. Adler-2-The staff will file a copy of the Director's Decision (DD-07-01) with the Secretary of theCommission for the Commission to review in accordance with 10 CFR 2.206(c). As provided for by this regulation, the decision will constitute the final action of the Commission 25 days after the date of the decision unless the Commission, on its own motion, institutes a review of the decision within that time. The documents cited in the enclosed decision are available at the NRC Public Document Room, located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland, or electronically from the ADAMS Public Electronic Reading Room on the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. I have also enclosed a copy of the "Notice of Issuance of Director's Decision Under10 CFR 2.206" that has been filed with the Office of the Federal Register for publication.Please feel free to contact Mr. Mohan Thadani, the NRC Petition Manager, at 301-415-1476 todiscuss any questions related to this petition.Sincerely,/RA/J. E. Dyer, DirectorOffice of Nuclear Reactor Regulation

Enclosures:

1. Director's Decision DD-07-01 2. Federal Register Noticecc w/encls: See next page

Package ML070330052; [Incoming ML061460041, Ltr to Petitioner ML070330088, Final Director's Decision ML070330107, FR Notice ML070330128]OFFICENRR/LPL4/PMTech Editor*NRR/LPL4/LANRR/LPL4/BCOENAMEMThadaniHChangLFeizollahiDTeraoLJarriel*

DATE2/16/072/5/072/21/072/16/072/16/07 OFFICEOGCNRR/DORL/DRIV/RA*NRR/D*Via e-mailNAMEJLongo**CHaneyBMallett: CEJ forJDyer**Comments onlyDATE2/13/072/21/072/12/072/24/07 January 2007South Texas Project, Units 1 & 2 cc:Mr. James J. Sheppard President and Chief Executive Officer STP Nuclear Operating Company South Texas Project Electric Generating Station P.O. Box 289 Wadsworth, TX 77483Senior Resident InspectorU.S. Nuclear Regulatory Commission P.O. Box 289 Wadsworth, TX 77483C. Kirksey/C. M. CanadyCity of Austin Electric Utility Department 721 Barton Springs Road Austin, TX 78704Mr. J. J. NesrstaMr. R. K. Temple City Public Service Board P.O. Box 1771 San Antonio, TX 78296INPORecords Center 700 Galleria Parkway Atlanta, GA 30339-3064Regional Administrator, Region IVU.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011Steve WinnNRG South Texas LP 1301 McKinney, Suite 2300 Houston, TX 77010Judge, Matagorda CountyMatagorda County Courthouse 1700 Seventh Street Bay City, TX 77414A. H. Gutterman, Esq.Morgan, Lewis & Bockius 1111 Pennsylvania Avenue, NW Washington, DC 20004E. D. HalpinSite Vice President STP Nuclear Operating Company South Texas Project Electric Generating Station P.O. Box 289 Wadsworth, TX 77483S. M. Head, Manager, LicensingSTP Nuclear Operating Company P.O. Box 289, Mail Code: N5014 Wadsworth, TX 77483Environmental and Natural ResourcesPolicy Director P.O. Box 12428 Austin, TX 78711-3189Jon C. WoodCox, Smith, & Matthews 112 East Pecan, Suite 1800 San Antonio, TX 78205DirectorDivision of Compliance & Inspection Bureau of Radiation Control Texas Department of State Health Services 1100 West 49th Street Austin, TX 78756Brian AlmonPublic Utility Commission William B. Travis Building P.O. Box 13326 1701 North Congress Avenue Austin, TX 78701-3326 January 2007South Texas Project, Units 1 & 2-2-cc-continued:Susan M. Jablonski Office of Permitting, Remediation and Registration Texas Commission on Environmental Quality MC-122 P.O. Box 13087 Austin, TX 78711-3087Mr. Terry Parks, Chief InspectorTexas Department of Licensing and Regulation Boiler Division P.O. Box 12157 Austin, TX 78711Mr. Ted Enos4200 South Hulen Suite 630 Ft. Worth, TX 76109Ken CoatesPlant General Manager STP Nuclear Operating Company South Texas Project Electric Generating Station P.O. Box 289 Wadsworth, TX 77483