January 19, 2005

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: DECEMBER 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 December 31, 2004, there were three open petitions that

were accepted for review under the 2.206 process in the Office of Nuclear Reactor Regulation

(NRR). 

Attachment 1 provides a detailed status of the open petitions.

Attachment 2 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.

Attachment 3 shows the age statistics for the open 2.206 petitions as of December 31, 2004.

Attachment 4 shows the age trend of closed petitions for the last 3 years.

This report, Director’s 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. 

Attachments: As stated

CONTACT: Donna Skay, NRR/DLPM

 415-1322
January 19, 2005

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: DECEMBER 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 December 31, 2004, there were three open petitions that

were accepted for review under the 2.206 process in the Office of Nuclear Reactor Regulation

(NRR). 

Attachment 1 provides a detailed status of the open petitions.

Attachment 2 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.

Attachment 3 shows the age statistics for the open 2.206 petitions as of December 31, 2004.

Attachment 4 shows the age trend of closed petitions for the last 3 years.

This report, Director’s 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. 

Attachments: As stated

CONTACT: Donna Skay, NRR

 415-1322

DISTRIBUTION: See next page

ADAMS Accession Number: ML050060236

OFFICE PM:PDI-1 LA:PDI-1 D:PDII DD:DLPM ADPT:NRR

NAME DSkay SLittle HBerkow JLyons BSheron

DATE 01/12/05 01/12/05 01/12/05 01/18/05 01/19/05
DISTRIBUTION FOR DECEMBER 2004 REPORT ON THE STATUS OF PUBLIC PETITIONS

UNDER TITLE 10 OF THE CODE OF FEDERAL REGULATIONS, SECTION 2.206

Dated: January 19, 2005

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
 Attachment 1

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

Vermont Yankee Nuclear Power Station Paul Blanch and Arnold Gundersen

G20040511.......................................................5
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

Director’s Decision to be Issued by: NRR

EDO Number: G20040284

Proposed DD Issuance: December 27, 2004

Final DD Issuance: TBD

Last Contact with Petitioner: December 27, 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 NRC’s

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.
-2-

The NRC determined that its Director’s 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 NRC’s 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. 

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.

On November 19, 2004, Entergy submitted a letter that provided information on its

investigation in response to the NRC’s request dated October 5, 2004. 

Current Status:

The NRC issued a proposed Decision for comment on December 27, 2004. Comments

are due by January 26, 2005.
-3-

Facility: All Boiling-Water Reactors (BWRs) with Mark I 

and II containments

Petitioner: Nuclear Security Coalition

Date of Petition: August 10, 2004

Director’s Decision to be Issued by: NRR

EDO Number: G20040549

Proposed DD Issuance: TBD

Final DD Issuance TBD

Last Contact with Petitioner: November 22, 2004

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.

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 petitioners on October 19, 2004.

The staff determined that the response to the specific requests in the petition will be

dependent on the NRC’s response to a National Academy of Sciences (NAS) report on

fuel pool vulnerabilities. The PRB decided to stop the clock on this petition, as of

October 19, 2004, until the NAS report is issued publicly. The petitioner was notified of

this action on November 22, 2004.
-4-

Current Status:

On November 29 and December 6, 2004, the petitioners submitted, via e-mail,

supplemental information for their petition. The supplemental information consisted of

media reports of potential terrorist targets.
-5-

Facility: Vermont Yankee Nuclear Power Station

Petitioner: Paul Blanch and Arnold Gundersen

Date of Petition: July 29, 2004 as supplemented on December 8,

2004

Director’s Decision to be Issued by: NRR

EDO Number: G20040511

Proposed DD Issuance: TBD

Final DD Issuance TBD

Last Contact with Petitioner: December 16, 2004

Petition Manager: Donna Skay

Case Attorney: Stephen Lewis

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.

Background:

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 NRC’s

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. 

In addition, on August 30, 2004, the New England Coalition filed a request for hearing

on the Vermont Yankee power uprate. Among the contentions submitted was a

contention that the licensee failed to maintain adequate documentation to determine

design basis conformance. 

Current Status:

On December 8, 2004, the petitioners sent a letter to Chairman Diaz requesting that he

personally intervene in Entergy’s application for an extended power uprate (EPU)

amendment at Vermont Yankee. The letter discusses issues related to the recent VY

engineering inspection and concerns related to VY regulatory compliance. In an e-mail

dated December 9, 2004, Mr. Blanch requested that this letter be considered as a

supplement to his and Mr. Gundersen’s 10 CFR 2.206 petition dated July 29, 2004.

On November 22, 2004, the Atomic Safety and Licensing Board ruled that the hearing

contention related to this issue from the New England Coalition (supported by

declaration from Mr. Blanch) was not admissible. The PRB held a meeting on

December 14, 2004, and determined that the petition met the criteria of 10 CFR 2.206.

The staff contacted the petitioners on December 16, 2004, and notified them that the

petition had been accepted. An acknowledgement letter will be sent documenting this

decision. 
Status of Potential Petitions Under Consideration

Facility: FitzPatrick

Petitioner: Citizens Awareness Network

Date of Petition: October 27, 2004 as supplemented on

November 16, 2004

EDO Number: G20040743

PRB meeting: December 7, 2004

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 former and current licensees have failed to fulfill

commitments to resolve inadequate fire protection and ventilation affecting the ESW

and Fire Safety Related Pump rooms.

Current Status: 

On December 7, 2004, the Petition Review Board held a teleconference with the

petitioners to clarify the issues raised in the petition and to determine if the petitioners

had any additional information to support the basis for the petition. During the call, the

petitioners stated that information was provided separately to the OIG from one of the

petitioners and that the petitioners would like this information included as a supplement

to the petition. 

On December 17, 2004, the information provided to the OIG was made available to the

PRB. This information is being reviewed by the staff to determine if it contains

substantive new information beyond that previously evaluated. The results will then be

presented to the PRB to aid in the PRB's determination as to whether the petition should

be accepted into the 10 CFR 2.206 process.
-2-

Facility: Vermont Yankee

Petitioner: New England Coalition

Date of Petition: December 7, 2004

EDO Number: G20040831

PRB meeting: Scheduled for January 6, 2005

Issues/Actions requested:

That the NRC order the shutdown of Vermont Yankee and/or take other such action as

is within the NRC’s discretion to restore reasonable assurance of adequate protection

until such time as the licensee has provided a workable emergency warning or alert

system and the NRC has verified its operability.

Background:

The petitioners state that the public warning system is inoperable and the licensee has

established an extremely poor record in the area of emergency response. 

In October 2004, the NRC conducted an inspection of the emergency preparedness

program at Vermont Yankee and issued a preliminary white finding based on the failure

to maintain the alert notification system.

Current status: 

The NRC contacted the petitioner and offered him an opportunity to address the Petition

Review Board. The teleconference was held on January 6, 2005.
AGE STATISTICS FOR AGENCY 2.206 PETITIONS

ASSIGNED

ACTION

OFFICE

FACILITY Incoming 

petition

PRBmeeting1

Acknowledgment 

letter / 

days fromincoming2

Proposed DDissuanceDate/ age3

Date for

final DD/

age 4

Comments if no

Com

NRR All BWRs with

Mark I and II

containments

8/10/04 9/23/04 10/19/04

70

02/15/05 TBD Due to scheduling 

petitioner and lice

The clock was stop

until the NRC re

NRR Vermont Yankee 4/22/04 5/11/04 5/28/04

36

10/25/04

45

9/27/04

12/27/04

63

TBD The clock wa

supple

NRR Vermont Yankee 7/29/04 8/26/04 TBD

1) Goal is to hold a PRB meeting, which the petitioner is invited to participate in, within 2 weeks of receipt 

often a delay of up two weeks from the date that the letter is issued until it is received by the reviewing 

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.