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 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, 2007 Mr. Glenn Adler Senior 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 with Mr. 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 Documents Access 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 Regulations petition review board, on June 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 Directors Decision to you and STPNOC for comment 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 better informed 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 licensees 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 The staff will file a copy of the Directors Decision (DD-07-01) with the Secretary of the Commission 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 Directors Decision Under 10 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 to discuss any questions related to this petition.

Sincerely,

/RA/

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

Enclosures:

1. Directors Decision DD-07-01

2. Federal Register Notice cc w/encls: See next page

Package ML070330052; [Incoming ML061460041, Ltr to Petitioner ML070330088, Final Directors Decision ML070330107, FR Notice ML070330128]

OFFICE NRR/LPL4/PM Tech Editor* NRR/LPL4/LA NRR/LPL4/BC OE NAME MThadani HChang LFeizollahi DTerao LJarriel*

DATE 2/16/07 2/5/07 2/21/07 2/16/07 2/16/07 OFFICE OGC NRR/DORL/D RIV/RA* NRR/D *Via e-mail NAME JLongo** CHaney BMallett: CEJ for JDyer **Comments only DATE 2/13/07 2/21/07 2/12/07 2/24/07

South Texas Project, Units 1 & 2 cc:

Mr. James J. Sheppard A. H. Gutterman, Esq.

President and Chief Executive Officer Morgan, Lewis & Bockius STP Nuclear Operating Company 1111 Pennsylvania Avenue, NW South Texas Project Electric Washington, DC 20004 Generating Station P.O. Box 289 E. D. Halpin Wadsworth, TX 77483 Site Vice President STP Nuclear Operating Company Senior Resident Inspector South Texas Project Electric U.S. Nuclear Regulatory Commission Generating Station P.O. Box 289 P.O. Box 289 Wadsworth, TX 77483 Wadsworth, TX 77483 C. Kirksey/C. M. Canady S. M. Head, Manager, Licensing City of Austin STP Nuclear Operating Company Electric Utility Department P.O. Box 289, Mail Code: N5014 721 Barton Springs Road Wadsworth, TX 77483 Austin, TX 78704 Environmental and Natural Resources Mr. J. J. Nesrsta Policy Director Mr. R. K. Temple P.O. Box 12428 City Public Service Board Austin, TX 78711-3189 P.O. Box 1771 San Antonio, TX 78296 Jon C. Wood Cox, Smith, & Matthews INPO 112 East Pecan, Suite 1800 Records Center San Antonio, TX 78205 700 Galleria Parkway Atlanta, GA 30339-3064 Director Division of Compliance & Inspection Regional Administrator, Region IV Bureau of Radiation Control U.S. Nuclear Regulatory Commission Texas Department of State Health Services 611 Ryan Plaza Drive, Suite 400 1100 West 49th Street Arlington, TX 76011 Austin, TX 78756 Steve Winn Brian Almon NRG South Texas LP Public Utility Commission 1301 McKinney, Suite 2300 William B. Travis Building Houston, TX 77010 P.O. Box 13326 1701 North Congress Avenue Judge, Matagorda County Austin, TX 78701-3326 Matagorda County Courthouse 1700 Seventh Street Bay City, TX 77414 January 2007

South Texas Project, Units 1 & 2 cccontinued:

Susan M. Jablonski Ken Coates Office of Permitting, Remediation Plant General Manager and Registration STP Nuclear Operating Company Texas Commission on South Texas Project Electric Environmental Quality Generating Station MC-122 P.O. Box 289 P.O. Box 13087 Wadsworth, TX 77483 Austin, TX 78711-3087 Mr. Terry Parks, Chief Inspector Texas Department of Licensing and Regulation Boiler Division P.O. Box 12157 Austin, TX 78711 Mr. Ted Enos 4200 South Hulen Suite 630 Ft. Worth, TX 76109 January 2007