ML043150249
| ML043150249 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee  |
| Issue date: | 11/29/2004 |
| From: | Sheron B NRC/NRR/ADPT |
| To: | Reyes L NRC/EDO |
| Skay D, NRR/DLPM, 415-1322 | |
| References | |
| Download: ML043150249 (11) | |
Text
November 29, 2004 MEMORANDUM TO: Luis A. Reyes Executive Director for Operations FROM: Brian W. Sheron, Associate Director /RA/
for Project Licensing and Technical Analysis Office of Nuclear Reactor Regulation
SUBJECT:
OCTOBER 2004 REPORT ON THE STATUS OF PUBLIC PETITIONS UNDER TITLE 10 OF THE CODE OF FEDERAL REGULATIONS, SECTION 2.206 The attached reports give the status of petitions submitted under Title 10 of the Code of Federal Regulations, Section 2.206. As of October 31, 2004, there were two open petitions that were accepted for review under the 2.206 process in the Office of Nuclear Reactor Regulation (NRR). provides a detailed status of the open petitions. provides the status of incoming letters that the staff is reviewing to determine if they meet the criteria for review under the 2.206 process. shows the age statistics for the open 2.206 petitions as of October 31, 2004. shows the age trend of closed petitions for the last 3 years.
This report, Directors Decisions, and other 2.206-related documents are placed in the Agencywide Documents Access and Management System (ADAMS). In making these readily accessible to the public, the staff has identified another vehicle to address our performance goal of ensuring openness in our regulatory process. (Note: Public access to ADAMS has been temporarily suspended so that security reviews of publicly available documents may be performed and potentially sensitive information removed. Please check the NRC Web site for updates on the resumption of ADAMS access.)
Attachments: As stated CONTACT: Donna Skay, NRR/DLPM 415-1322
November 29, 2004 MEMORANDUM TO: Luis A. Reyes Executive Director for Operations FROM: Brian W. Sheron, Associate Director /RA/
for Project Licensing and Technical Analysis Office of Nuclear Reactor Regulation
SUBJECT:
OCTOBER 2004 REPORT ON THE STATUS OF PUBLIC PETITIONS UNDER TITLE 10 OF THE CODE OF FEDERAL REGULATIONS, SECTION 2.206 The attached reports give the status of petitions submitted under Title 10 of the Code of Federal Regulations, Section 2.206. As of October 31, 2004, there were two open petitions that were accepted for review under the 2.206 process in the Office of Nuclear Reactor Regulation (NRR). provides a detailed status of the open petitions. provides the status of incoming letters that the staff is reviewing to determine if they meet the criteria for review under the 2.206 process. shows the age statistics for the open 2.206 petitions as of October 31, 2004. shows the age trend of closed petitions for the last 3 years.
This report, Directors Decisions, and other 2.206-related documents are placed in the Agencywide Documents Access and Management System (ADAMS). In making these readily accessible to the public, the staff has identified another vehicle to address our performance goal of ensuring openness in our regulatory process. (Note: Public access to ADAMS has been temporarily suspended so that security reviews of publicly available documents may be performed and potentially sensitive information removed. Please check the NRC Web site for updates on the resumption of ADAMS access.)
Attachments: As stated CONTACT: Donna Skay, NRR 415-1322 DISTRIBUTION: See next page ADAMS Accession Number: ML043150249 OFFICE PM:PDI-1 LA:PDI-1 D:PDII DD:DLPM ADPT:NRR NAME DSkay SLittle HBerkow JLyons BSheron DATE 11/15/04 11/15/04 11/15/04 11/17/04 11/23/04 OFFICIAL RECORD COPY
DISTRIBUTION FOR OCTOBER 2004 REPORT ON THE STATUS OF PUBLIC PETITIONS UNDER TITLE 10 OF THE CODE OF FEDERAL REGULATIONS, SECTION 2.206 Dated: November 29, 2004 PUBLIC PDI-1 Reading File EMerschoff, DEDR/ EDO MVirgilio, DEDMRS/ EDO PNorry, DEDM/ EDO WKane, DEDH/ EDO WDean, AO/ EDO TBergman, OEDO PAnderson, OEDO (Email after this document has been put into ADAMS)
EJulian RLaufer CHolden JDyer, NRR RBorchardt, NRR BSheron, NRR CMohrwinkel, NRR KCyr, OGC LChandler, OGC SLewis, OGC JCordes, Jr., OCAA FCongel, OE PLohaus, STP JStrosnider, NMSS PGoldberg, NMSS CAbrams, NMSS BBoger, NRR GCaputo, OI LMarsh, NRR HBerkow, NRR DSkay, NRR OCA OPA OCM/DOC Regional Administrators SLittle
Status of Open Petitions Facility Petitioner/EDO No. Page Vermont Yankee Nuclear New England Coalition Power Station G20040284......................................................1 All BWRs with Mark I and II containments Nuclear Security Coalition G20040549.......................................................3 Attachment 1
Report on Status of Public Petitions Under 10 CFR 2.206 Facility: Vermont Yankee Nuclear Power Station Petitioner: Raymond Shadis, New England Coalition Date of Petition: April 22 and September 10, 2004 Directors Decision to be Issued by: NRR EDO Number: G20040284 Proposed DD Issuance: December 27, 2004 Final DD Issuance: TBD Last Contact with Petitioner: September 22, 2004 Petition Manager: Alan Wang Case Attorney: Stephen Lewis Issues/Actions requested:
That the Nuclear Regulatory Commission (NRC or the Commission) order a halt to all fuel movement at Vermont Yankee Nuclear Power Station (Vermont Yankee) until such time as Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc. (Entergy or the licensee) has rendered an accurate and NRC-verified account of the location, disposition, and condition of all irradiated fuel, including fuel currently loaded in the reactor core.
Background:
On April 21, 2004, Vermont Yankee formally notified the NRC that two short spent fuel rod segments were not in the spent fuel pool (SFP) in the location specified in documents. The segments are described as about 7 inches long and 17 inches long, respectively. Both are approximately the diameter of a pencil. These segments had been placed in a special container at the bottom of the SFP in 1980. The licensee initiated an investigation to attempt to locate the missing segments. On May 19, 2004, Entergy reported to the NRC that the visual inspection of the SFP was essentially complete. A camera search of the SFP did not detect the unaccounted for spent fuel rod segments.
The NRC staff contacted the petitioner on April 28, 2004, to discuss the 2.206 process.
Following this call, the NRC sent a letter to the petitioner notifying him that all fuel movements had been completed for the current refueling outage prior to the NRCs receipt of his petition. The staff concluded that the petitioner had not identified a safety concern that would prevent the plant from restarting.
The Petition Review Board (PRB) held a teleconference with the petitioner on May 5, 2004. During this teleconference, the petitioner clarified his request to exclude fuel movements associated with locating the missing fuel pin segments from the scope of his request. Following the teleconference, the PRB met in a closed session and determined that the petition satisfied the criteria for review under the 2.206 process. An acknowledgment letter was issued to the petitioner on May 28, 2004.
The NRC determined that its Directors Decision would be based partly on the actions
taken by the licensee to locate the missing fuel. The NRC staff called the licensee on May 11, 2004, and discussed with them a request to document the actions they are taking and the results of these actions. The requests discussed in this phone call are described in a letter to Entergy dated May 21, 2004. By letter dated June 8, 2004, Entergy submitted its response to the NRCs request.
On July 13, 2004, Entergy notified the NRC that the fuel rod segments had been located in the SFP. The pieces had been stored in a unique aluminum cylinder which was previously thought to be part of an existing in-pool structure.
The petitioner supplemented his petition on September 10, 2004. The supplement requested further verification of the current inventory of special nuclear material on site.
The PRB held a second teleconference with the petitioner on September 22, 2004.
Based on the new information in the supplement and additional requests for action, the NRC staff extended the expected completion date of its review to December 27, 2004.
Current Status:
On October 5, 2004, the NRC issued a letter to the licensee requesting specific information to assist in its review of the petition.
On October 25, 2004, the NRC issued a second acknowledgment letter to the petitioner in response to the supplement dated September 10, 2004, and subsequent teleconference.
Facility: All Boiling-Water Reactors (BWRs) with Mark I and II containments Petitioner: Nuclear Security Coalition Date of Petition: August 10, 2004 Directors Decision to be Issued by: NRR EDO Number: G20040549 Proposed DD Issuance: 2/15/05 Final DD Issuance TBD Last Contact with Petitioner: 10/19/04 Petition Manager: Peter Tam Case Attorney: Stephen Lewis Issues/Actions requested:
That the NRC:
(1) Issue a demand for information to the licensees for all Mark I and II BWRs and conduct a 6-month study of options for addressing structural vulnerabilities; (2) Present the findings of the study at a national conference attended by all interested stakeholders, providing for transcribed comments and questions; (3) Develop a comprehensive plan that accounts for stakeholder concerns and addresses structural vulnerabilities of all Mark I and II BWRs within a 12-month period; (4) Issue Orders to the licensees for all Mark I and II BWRs compelling incorporation of a comprehensive set of protective measures, including structural protections; and (5) Make future operation of each Mark I and II BWR contingent on addressing its structural vulnerability with participation and oversight by a panel of local stakeholders.
Background:
The petitioners requested a teleconference to address the PRB. Due to difficulties in coordinating the availability of the petitioners, the teleconference was not scheduled until September 23, 2004. The teleconference was subsequently changed to a public meeting to accommodate petitioners who requested to be present.
Current Status:
Following the meeting on September 23, 2004, the PRB met in a closed session and determined that the petition satisfied the criteria for review under the 2.206 process. An acknowledgment letter was issued to the petitioner on October 19, 2004. The Petition Manager met with staff from NSIR and the Office of Research to discuss the issues raised in the petition. The staff agreed that the response to the specific requests will be dependent on the NRCs response to a National Academy of Sciences (NAS) report on fuel pool vulnerabilities. The NAS report is expected to be issued publicly by December 31, 2004. The PRB decided to stop the clock on this petition, as of October 19, 2004, until the NAS report is issued. The petitioner was notified of this action on November 22, 2004.
Status of Potential Petitions Under Consideration Facility: FitzPatrick Petitioner: Citizens Awareness Network Date of Petition: October 27, 2004 EDO Number: G20040743 PRB meeting: TBD Issues/Actions requested:
That the NRC modify or suspend the operating license for FitzPatrick until the following actions are completed:
- 1. Conduct physical tests of the ventilation and heat-up rates of the pump rooms under simulated fire scenarios, with verification of the test results by an independent third party, followed by an open public meeting;
- 2. Seal floor/ceiling penetrations between the basement level pump rooms and the first floor;
- 3. Provide alternate cooling and ventilation for Emergency Service Water (ESW) and Fire Safety related pump rooms; and
- 4. Verify the adequacy of completed actions by NRC inspection team.
Background:
The petition states that the licensees have failed to fulfill commitments to resolve inadequate fire protection and ventilation affecting the ESW and Fire Safety Related Pump rooms.
Current Status:
The NRC staff has contacted the petitioner and offered to hold a meeting or teleconference for the petitioner to address the Board and provide clarification or additional information.
Attachment 2
Facility: Vermont Yankee Nuclear Power Station Petitioner: Paul Blanch and Arnold Gundersen Date of letter: July 29, 2004 (G20040511)
Responsible Office: NRR PRB meeting: July 29, 2004, and August 26, 2004 Issues/Actions requested:
That the NRC issue a Demand for Information requiring Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc. to provide the NRC with information that describes how Vermont Yankee complies with the General Design Criteria.
Status:
By letter dated August 20, 2004, the NRC staff notified the petitioners that this request would not be treated under 2.206 because it involves a licensing action which is currently open for members of the public to request a hearing. Per the NRCs procedures, a request will not be treated under 2.206 if it can be resolved through the hearing process. Subsequent to be being notified of this decision, the petitioners requested an opportunity to address the Petition Review Board. This teleconference was held on August 26, 2004. The staff is reviewing the information provided in the teleconference and will respond to the petitioners with a followup letter.
AGE STATISTICS FOR AGENCY 2.206 PETITIONS ASSIGNED FACILITY Incoming PRB Acknowledgment Proposed DD Date for Comments if not meeting the Agencys petition meeting1 letter / issuance final DD/ Completion Goals ACTION days from Date/ age3 age 4 OFFICE incoming2 NRR All BWRs with 8/10/04 9/23/04 10/19/04 02/15/05 TBD Due to scheduling difficulties, a meeting with the Mark I and II 70 petitioner and licensee was delayed to 9/23/04.
containments NRR Vermont Yankee 4/22/04 5/11/04 5/28/04 9/27/04 TBD The clock was restarted due to receipt of supplement 36 12/27/04 on 9/10/04
- 1) Goal is to hold a PRB meeting, which the petitioner is invited to participate in, within 2 weeks of receipt of petition (there is often a delay of up two weeks from the date that the letter is issued until it is received by the reviewing organization).
- 2) Goal is to issue acknowledgment letter within 5 weeks of the date of incoming petition.
- 3) Goal is to issue proposed DD within 120 days of the acknowledgment letter.
- 4) Goal is to issue final DD within 45 days of the end of the comment period.
Attachment 3