ML18130A805

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LTR-18-0141- Reply to Stephen Comley, We the People a National Whistleblowers Protection, Letter Seabrook Evacuation Plan
ML18130A805
Person / Time
Site: Seabrook NextEra Energy icon.png
Issue date: 05/10/2018
From: Fred Bower
Reactor Projects Branch 3
To: Comley S
We The People
Shared Package
ML18094B068 List:
References
2018-SST-1346, 2018-SST-1409, LTR-18-0141-1
Download: ML18130A805 (5)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION REGION I 2100 RENAISSANCE BLVD., Suite 100 KING OF PRUSSIA, PA 19406-2713 May 10, 2018 Steven B. Comley, Sr.

Founder - We The People A National Whistleblower Protection Non-Profit Association Post Office Box 646 Rowley, MA 01969

SUBJECT:

QUESTIONS AND COMMENTS YOU RAISED IN FEBRUARY, MARCH, AND APRIL 2018 IN MULTIPLE EMAILS AND A CERTIFIED LETTER

[2018-SST-1346 and 1409]

Dear Mr. Comley:

I am responding to your calls to Mr. Richard Barkley of my staff on February 7 and March 27, and your subsequent emails to him on February 22, March 1 and 28, April 6, and May 8, 2018, and your certified letter dated March 16, 2018, all of which included a large number of attachments and a video in one case. On May 2, 2018, you also provided a number of NRC staff present at the Public Annual Assessment Meeting for Seabrook Station (ML18109A015) with packets of documents that you summarized for me in a telephone conversation on May 3, 2018. Your emails, letter and information packet were entered into ADAMS as shown in the enclosed table and my reply will also be added into ADAMS as a public record.

In response to your request for copies of the notes taken at a September 2, 2016, meeting with Deputy Massachusetts State Police Commander Francis Hughes between you, the Commander, and John Giarrusso of the Massachusetts Emergency Management Agency, we suggest that you direct your request to one of these parties or make a public records request to the State of Massachusetts via www.Mass.gov. The NRC was not present at that meeting and thus does not have notes of what was discussed.

Regarding your assertions involving other government entities in Massachusetts (i.e., the Governor, the Attorney General and the Massachusetts Emergency Management Agency (MEMA) and Massachusetts Public Safety Departments) to whom you brought your emergency planning concerns to since September 2016, it is not within our purview to investigate the alleged actions (or alleged lack of action) by state government entities.

While your past concerns are known to the Federal Emergency Management Agency (FEMA)

Region I due to their past communications with you and by our providing carbon copies of some of the NRCs response letters to them and MEMA, Mr. Barkley provided you, by an email dated March 28, 2018, with FEMAs formal notification of a public meeting scheduled for April 6, 2018, following the Biennial Seabrook Emergency Exercise held on April 4, 2018. As we have informed you in previous correspondence and communications, FEMA has jurisdiction of offsite emergency preparedness involving commercial nuclear power plants and they are ultimately the authority that must validate your assertions with the adequacy of emergency preparedness at Seabrook Station. Therefore we thought that it would be best for you to share your concerns directly with FEMA Region I representatives before or following this meeting. It is our understanding you chose not to attend this meeting. On May 2, 2018, at the Public Annual Assessment Meeting for

S. B. Comley 2 Seabrook Station, two NRC staff members from the NRCs Office of Office of Nuclear Security and Incident Response (NSIR) that specialize in emergency preparedness were present for you to discuss your concerns.

On the issue of the NRC supporting past assertions by yourself and We The People, the Office of Inspector General (OIG) maintains copies of their reports dating back to 1995 on the NRCs public website. Any of the six reports you wish to obtain prior to 1995 will need to be obtained from the OIG. The contact information for the OIG can be located on www.nrc.gov.

As previously stated to you back in February 2014 (ML14043A360), the NRC continues to have a vendor inspection program, which is being conducted by NRCs Office of New Reactors. Prior efforts in this area were the responsibility of the Office of Nuclear Reactor Regulation. However, given significant changes in personnel, including retirements, in the NRC organization since you first raised your concerns with counterfeit and substandard parts, it would be unproductive for us to search for who previously managed that effort almost 30 years ago. Current NRCs ongoing actions in this area were discussed in a generic communication to a wide audience in NRC Regulatory Issue Summary (RIS) 2015-08 Oversight Of Counterfeit, Fraudulent, And Suspect Items In The Nuclear Industry, dated June 24, 2015 (ML15008A191).

Thank you for submitting your issues in writing via postal or electronic mail. As I discussed in an April 12, 2017 (ML17104A068), these written communications help us ensure that the public record reflects your issues exactly as you communicate them to us in your written documents and helps prevent misunderstandings. We have carefully evaluated and responded to your input.

Resource limitations prevent us from responding to repetitive correspondence in detail; therefore, we plan to take no further action regarding the information you provided as referenced in the enclosure to this letter. If in the future you provide new information regarding Seabrook Station, or other NRC licensee activity, we will review the information and take appropriate action as it pertains to safety and security.

Finally, as requested, I am sharing your concerns and this reply with the Office of the NRC Chairwoman for whatever action they deem appropriate. I am also sharing this reply with the NRC Office of Inspector General for any action they deem appropriate as well.

Sincerely,

/RA/

Fred L. Bower, Chief Reactor Projects Branch 3 Division of Reactor Projects Docket No. 50-443 License No. NPF-86

[2018-SST-1346]

[2018-SST-1409]

cc w/enclosure:

P. Ford, FEMA, Region I J. Giarusso, MEMA

ML18130A805 Non-Sensitive Publicly Available SUNSI Review Sensitive Non-Publicly Available OFFICE RI/DRP RI/ORA RI/DRP RI/DRP NAME RBarkley BKlukan NLO via email DTifft via email FBower DATE 5/10/18 4/10/18 4/11/18 5/10/18 S. B. Comley 4 Enclosure - List of Related Correspondence with Steve Comley ADAMS PACKAGE NUMBER: ML18102A855 ADAMS Accession Title of Email or Document Number (ML#)

Email to Richard Barkley dated May 8, 2018 - Changes needed at NRC Public Meetings ML18129A121 Documents Submitted to NRC Staff by S Comley at SB AAM_05-02-2018.pdf

Enclosures:

  • Certified Letter and Enclosures dated March 16, 2018 [2018 SST 1409] ML18094B067
  • Packet 2 - Documents Submitted to NRC Staff by S Comley at SB AAM_05 ML18128A121 2018.pdf Email to Richard Barkley dated May 1, 2018 - Getting back to you ML18129A171

Enclosures:

WTP - COMLEY - shorter FINAL version baker letter # 8 Email to Richard Barkley dated April 25, 2018 - Regarding a request to discuss issues ML18129A171 before the May 2 Annual Assessment Meeting Email to Richard Barkley dated April 6, 2018 - Regarding attendance at the FEMA exit ML18101A901 meeting on April 6, 2018 Email from Richard Barkley dated March 28, 2018 - Regarding the Upcoming FEMA exit ML18101A901 meeting - April 6, 2018 Acknowledgement Letter to Steven B. Comley, Sr., Founder - We The People:

Questions And Comments You Raised In Two Emails In February And March 2018 ML18074A309

[2018-SST-1346]

Certified Letter and Enclosures dated March 16, 2018 ML18094B067

[2018-SST-1409]

Video of Merrimac Cable Interview with We The People ML18087A311 Email to Richard Barkley dated March 28, 2018 - Certified letter coming to you ML18101A901

S. B. Comley 5 Email to Richard Barkley dated March 1, 2018 - More evidence to substantiate We The ML18101A901 People's work with First Inspector General, David Williams

Enclosures:

  • WTP - Comley - Millstone Violation Brings NRC Review 1-12-96 (ML15236A273 445/484)
  • WTP - Comley - Comley Group Slams NRC For Issuing Waivers 11-12-1994 (ML15236A273 439/484)
  • WTP - Comley - Boston Herald Public Safety Said To Be At Risk 8-18-1994 (ML15236A273 440/484)
  • WTP - Comley - Whistle-Blowers On Safety Risks Betrayed By NRC (ML15236A273 441/484)
  • WTP - Comley - Boston Globe - US removes a GAG from Seabrook Critic (ML15236A273 443/484)
  • WTP - Comley - Federal Office Finds Plant Parts Faulty (ML15236A273 437/484)
  • WTP - Comley - NYT Stello - Panel Sees Animosity Behind Inquiry (ML15236A273 60/484)

Email to Richard Barkley dated March 1, 2018 - Request for Mr. Daniel Bennett, MA ML18101A901 Secretary of Public Safety to endorse in a letter, WTP's call for the NRC to hold a Hearing for First Responders Enclosures

  • WTP - Comley - MA State Police Trooper Lucin Letter (ML18108A017)
  • WTP - Comley - AJPaglia - Memo To AG of 2-1-18 (ML18108A017)
  • WTP - Comley - Merrimac Letter To NRC of 1-11-18 (ML18032A594)
  • WTP -Comley - Salisbury Letter To NRC of 11-08-17 (ML17348B153)
  • WTP - Comley - NextEra - company uncompromising with safety 1-2 (ML18108A017)

Email to Richard Barkley dated February 22, 2018 - Please Confirm You Could Open the ML18101A901 7 Attachments Above

Enclosures:

  • WTP - Panetta Letter to Justice at ML15236A273 (479/484)
  • WTP - Comley - Leo Norton Letter of 12-12-95 at ML18108A019
  • WTP - Comley - Amesbury - Salisbury Seek Nuclear Plant Hearing at ML18108A019
  • WTP - Comley - NextEra - Company Uncompromising With Safety 1-2 ML18108A019

UNITED STATES NUCLEAR REGULATORY COMMISSION REGION I 2100 RENAISSANCE BLVD., Suite 100 KING OF PRUSSIA, PA 19406-2713 May 10, 2018 Steven B. Comley, Sr.

Founder - We The People A National Whistleblower Protection Non-Profit Association Post Office Box 646 Rowley, MA 01969

SUBJECT:

QUESTIONS AND COMMENTS YOU RAISED IN FEBRUARY, MARCH, AND APRIL 2018 IN MULTIPLE EMAILS AND A CERTIFIED LETTER

[2018-SST-1346 and 1409]

Dear Mr. Comley:

I am responding to your calls to Mr. Richard Barkley of my staff on February 7 and March 27, and your subsequent emails to him on February 22, March 1 and 28, April 6, and May 8, 2018, and your certified letter dated March 16, 2018, all of which included a large number of attachments and a video in one case. On May 2, 2018, you also provided a number of NRC staff present at the Public Annual Assessment Meeting for Seabrook Station (ML18109A015) with packets of documents that you summarized for me in a telephone conversation on May 3, 2018. Your emails, letter and information packet were entered into ADAMS as shown in the enclosed table and my reply will also be added into ADAMS as a public record.

In response to your request for copies of the notes taken at a September 2, 2016, meeting with Deputy Massachusetts State Police Commander Francis Hughes between you, the Commander, and John Giarrusso of the Massachusetts Emergency Management Agency, we suggest that you direct your request to one of these parties or make a public records request to the State of Massachusetts via www.Mass.gov. The NRC was not present at that meeting and thus does not have notes of what was discussed.

Regarding your assertions involving other government entities in Massachusetts (i.e., the Governor, the Attorney General and the Massachusetts Emergency Management Agency (MEMA) and Massachusetts Public Safety Departments) to whom you brought your emergency planning concerns to since September 2016, it is not within our purview to investigate the alleged actions (or alleged lack of action) by state government entities.

While your past concerns are known to the Federal Emergency Management Agency (FEMA)

Region I due to their past communications with you and by our providing carbon copies of some of the NRCs response letters to them and MEMA, Mr. Barkley provided you, by an email dated March 28, 2018, with FEMAs formal notification of a public meeting scheduled for April 6, 2018, following the Biennial Seabrook Emergency Exercise held on April 4, 2018. As we have informed you in previous correspondence and communications, FEMA has jurisdiction of offsite emergency preparedness involving commercial nuclear power plants and they are ultimately the authority that must validate your assertions with the adequacy of emergency preparedness at Seabrook Station. Therefore we thought that it would be best for you to share your concerns directly with FEMA Region I representatives before or following this meeting. It is our understanding you chose not to attend this meeting. On May 2, 2018, at the Public Annual Assessment Meeting for

S. B. Comley 2 Seabrook Station, two NRC staff members from the NRCs Office of Office of Nuclear Security and Incident Response (NSIR) that specialize in emergency preparedness were present for you to discuss your concerns.

On the issue of the NRC supporting past assertions by yourself and We The People, the Office of Inspector General (OIG) maintains copies of their reports dating back to 1995 on the NRCs public website. Any of the six reports you wish to obtain prior to 1995 will need to be obtained from the OIG. The contact information for the OIG can be located on www.nrc.gov.

As previously stated to you back in February 2014 (ML14043A360), the NRC continues to have a vendor inspection program, which is being conducted by NRCs Office of New Reactors. Prior efforts in this area were the responsibility of the Office of Nuclear Reactor Regulation. However, given significant changes in personnel, including retirements, in the NRC organization since you first raised your concerns with counterfeit and substandard parts, it would be unproductive for us to search for who previously managed that effort almost 30 years ago. Current NRCs ongoing actions in this area were discussed in a generic communication to a wide audience in NRC Regulatory Issue Summary (RIS) 2015-08 Oversight Of Counterfeit, Fraudulent, And Suspect Items In The Nuclear Industry, dated June 24, 2015 (ML15008A191).

Thank you for submitting your issues in writing via postal or electronic mail. As I discussed in an April 12, 2017 (ML17104A068), these written communications help us ensure that the public record reflects your issues exactly as you communicate them to us in your written documents and helps prevent misunderstandings. We have carefully evaluated and responded to your input.

Resource limitations prevent us from responding to repetitive correspondence in detail; therefore, we plan to take no further action regarding the information you provided as referenced in the enclosure to this letter. If in the future you provide new information regarding Seabrook Station, or other NRC licensee activity, we will review the information and take appropriate action as it pertains to safety and security.

Finally, as requested, I am sharing your concerns and this reply with the Office of the NRC Chairwoman for whatever action they deem appropriate. I am also sharing this reply with the NRC Office of Inspector General for any action they deem appropriate as well.

Sincerely,

/RA/

Fred L. Bower, Chief Reactor Projects Branch 3 Division of Reactor Projects Docket No. 50-443 License No. NPF-86

[2018-SST-1346]

[2018-SST-1409]

cc w/enclosure:

P. Ford, FEMA, Region I J. Giarusso, MEMA

ML18130A805 Non-Sensitive Publicly Available SUNSI Review Sensitive Non-Publicly Available OFFICE RI/DRP RI/ORA RI/DRP RI/DRP NAME RBarkley BKlukan NLO via email DTifft via email FBower DATE 5/10/18 4/10/18 4/11/18 5/10/18 S. B. Comley 4 Enclosure - List of Related Correspondence with Steve Comley ADAMS PACKAGE NUMBER: ML18102A855 ADAMS Accession Title of Email or Document Number (ML#)

Email to Richard Barkley dated May 8, 2018 - Changes needed at NRC Public Meetings ML18129A121 Documents Submitted to NRC Staff by S Comley at SB AAM_05-02-2018.pdf

Enclosures:

  • Certified Letter and Enclosures dated March 16, 2018 [2018 SST 1409] ML18094B067
  • Packet 2 - Documents Submitted to NRC Staff by S Comley at SB AAM_05 ML18128A121 2018.pdf Email to Richard Barkley dated May 1, 2018 - Getting back to you ML18129A171

Enclosures:

WTP - COMLEY - shorter FINAL version baker letter # 8 Email to Richard Barkley dated April 25, 2018 - Regarding a request to discuss issues ML18129A171 before the May 2 Annual Assessment Meeting Email to Richard Barkley dated April 6, 2018 - Regarding attendance at the FEMA exit ML18101A901 meeting on April 6, 2018 Email from Richard Barkley dated March 28, 2018 - Regarding the Upcoming FEMA exit ML18101A901 meeting - April 6, 2018 Acknowledgement Letter to Steven B. Comley, Sr., Founder - We The People:

Questions And Comments You Raised In Two Emails In February And March 2018 ML18074A309

[2018-SST-1346]

Certified Letter and Enclosures dated March 16, 2018 ML18094B067

[2018-SST-1409]

Video of Merrimac Cable Interview with We The People ML18087A311 Email to Richard Barkley dated March 28, 2018 - Certified letter coming to you ML18101A901

S. B. Comley 5 Email to Richard Barkley dated March 1, 2018 - More evidence to substantiate We The ML18101A901 People's work with First Inspector General, David Williams

Enclosures:

  • WTP - Comley - Millstone Violation Brings NRC Review 1-12-96 (ML15236A273 445/484)
  • WTP - Comley - Comley Group Slams NRC For Issuing Waivers 11-12-1994 (ML15236A273 439/484)
  • WTP - Comley - Boston Herald Public Safety Said To Be At Risk 8-18-1994 (ML15236A273 440/484)
  • WTP - Comley - Whistle-Blowers On Safety Risks Betrayed By NRC (ML15236A273 441/484)
  • WTP - Comley - Boston Globe - US removes a GAG from Seabrook Critic (ML15236A273 443/484)
  • WTP - Comley - Federal Office Finds Plant Parts Faulty (ML15236A273 437/484)
  • WTP - Comley - NYT Stello - Panel Sees Animosity Behind Inquiry (ML15236A273 60/484)

Email to Richard Barkley dated March 1, 2018 - Request for Mr. Daniel Bennett, MA ML18101A901 Secretary of Public Safety to endorse in a letter, WTP's call for the NRC to hold a Hearing for First Responders Enclosures

  • WTP - Comley - MA State Police Trooper Lucin Letter (ML18108A017)
  • WTP - Comley - AJPaglia - Memo To AG of 2-1-18 (ML18108A017)
  • WTP - Comley - Merrimac Letter To NRC of 1-11-18 (ML18032A594)
  • WTP -Comley - Salisbury Letter To NRC of 11-08-17 (ML17348B153)
  • WTP - Comley - NextEra - company uncompromising with safety 1-2 (ML18108A017)

Email to Richard Barkley dated February 22, 2018 - Please Confirm You Could Open the ML18101A901 7 Attachments Above

Enclosures:

  • WTP - Panetta Letter to Justice at ML15236A273 (479/484)
  • WTP - Comley - Leo Norton Letter of 12-12-95 at ML18108A019
  • WTP - Comley - Amesbury - Salisbury Seek Nuclear Plant Hearing at ML18108A019
  • WTP - Comley - NextEra - Company Uncompromising With Safety 1-2 ML18108A019