June 8, 2006

MEMORANDUM TO: Luis A. Reyes

Executive Director for Operations

FROM: Gary M. Holahan, Associate Director /RA by DBMatthews for/

 for Risk Assessment and New Projects

Office of Nuclear Reactor Regulation

SUBJECT: MAY 2006 REPORT ON THE STATUS OF PUBLIC PETITIONS 

UNDER TITLE 10 OF THE CODE OF FEDERAL REGULATIONS,

SECTION 2.206

The enclosed report gives the status of petitions submitted under Title 10 of the Code of

Federal Regulations, Section 2.206. As of May 31, 2006, there was one open petition that was

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

(NRR). Information that has changed since the last monthly report is highlighted.

Enclosure 1 provides a detailed status of the open petition.

Enclosure 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.

Enclosure 3 shows the age statistics for the open 2.206 petitions as of May 31, 2006.

This report, Director’s Decisions, and other 2.206-related documents are placed in the

Agencywide Documents Access and Management System (ADAMS). By making these

documents readily accessible to the public, the staff is addressing the performance goal of

ensuring openness in our regulatory process. 

Enclosures: As stated

CONTACT: Donna Williams, NRR/DPR

 301-415-1322
June 8, 2006

MEMORANDUM TO: Luis A. Reyes

Executive Director for Operations

FROM: Gary M. Holahan, Associate Director /RA by DBMatthews for/

 for Risk Assessment and New Projects

Office of Nuclear Reactor Regulation

SUBJECT: MAY 2006 REPORT ON THE STATUS OF PUBLIC PETITIONS 

UNDER TITLE 10 OF THE CODE OF FEDERAL REGULATIONS,

SECTION 2.206

The enclosed report gives the status of petitions submitted under Title 10 of the Code of

Federal Regulations, Section 2.206. As of May 31, 2006, there was one open petition that was

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

(NRR). Information that has changed since the last monthly report is highlighted.

Enclosure 1 provides a detailed status of the open petition.

Enclosure 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.

Enclosure 3 shows the age statistics for the open 2.206 petitions as of May 31, 2006.

This report, Director’s Decisions, and other 2.206-related documents are placed in the

Agencywide Documents Access and Management System (ADAMS). By making these

documents readily accessible to the public, the staff is addressing the performance goal of

ensuring openness in our regulatory process. 

Enclosures: As stated

CONTACT: Donna Williams, NRR/DPR

 301-415-1322

DISTRIBUTION: See next page

ADAMS Accession Number: ML061560109

OFFICE PM:PSPB LA:PSPB DD:DPR ADRA

NAME DWilliams DBaxley HNieh DMatthews for

GHolahan

DATE 6/5/06 6/5/06 6/6/06 6/08/06

OFFICIAL AGENCY RECORD
DISTRIBUTION FOR MAY 2006 REPORT ON THE STATUS OF PUBLIC PETITIONS UNDER

TITLE 10 OF THE CODE OF FEDERAL REGULATIONS, SECTION 2.206

Date: June 8, 2006

PUBLIC

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Status of Open Petitions

Facility Petitioner/EDO No. Page

All operating and decommissioned David Lochbaum and others

power reactors and research and G20060099.........................................................1

test reactors

Enclosure 1
Report on Status of Public Petitions Under 10 CFR 2.206

Facilities: All operating and decommissioned power reactors

and all operating and decommissioned research

and test reactors

Petitioners: David Lochbaum and others

Date of Petition: January 25, 2006, as supplemented February 2,

2006

Director’s Decision to be Issued by: NRR

EDO Number: G20060099

Proposed DD Issuance: June 29, 2006

Final DD Issuance: TBD

Last Contact with Petitioner: May 9, 2006

Petition Manager: Bill Reckley

Case Attorney: Giovonna Longo

Issues/Actions requested:

The petitioner is requesting that the NRC issue a Demand for Information requiring

licensees to submit information related to monitoring of radioactively contaminated water

and leakage detection systems.

Background:

The petitioners provided several examples of the release from various nuclear facilities

of water containing radioactive materials. The petitioners contend that the multiple

examples raise the possibility of similar unmonitored releases at other nuclear facilities.

The staff determined that the petition meets the criteria for review under 10 CFR 2.206. 

By letter dated February 2, 2006, the petitioner supplemented his petition to add three

new petitioners. By letter dated March 1, 2006, the staff informed the petitioner that the

petition had been accepted for review under 10 CFR 2.206.

The staff met with the petitioner on April 5, 2006. The meeting handouts and transcript

are available on the NRC public webpage

(www.nrc.gov/reactors/operating/ops-experience/tritium/public-meetings.html).

By letter dated April 17, 2006, Connecticut Yankee Atomic Power Company submitted

comments on the petition, specifically providing information on activities at the Haddam

Neck Plant.

Current Status:

By letter dated April 26, 2006, the petitioner submitted a letter which discusses the

merits of the petition versus the NRC undertaking rulemaking to address the issue of

groundwater contamination.
-2-

The NRC held a public meeting with the Nuclear Energy Institute on May 9, 2006. The

industry participants announced and described an initiative that would apply to all

operating and decommissioning power reactors. The initiative proposes to address the

issue of unmonitored releases of radioactive liquid effluents by having each licensee

perform assessments, monitoring, and additional reporting to the NRC and local

authorities. Many of the petitioners participated in the meeting.
Status of Potential Petitions Under Consideration

Facility: Palisades Nuclear Power Plant

Petitioners: Terry Lodge, Counsel for Petitioners 

Date of Petition: April 4, 2006

EDO Number: 20060369

PRB meeting: April 26, 2006

Issues/Actions requested:

That the NRC condemn and force a halt to the use of the two concrete pads holding dry casks

storing used nuclear fuel at the Palisades Nuclear Power Plant. The petitioners state that the

pads, on which radioactive waste are stored, do not conform with longstanding NRC

requirements for earthquake stability standards because they were built on compacted sand

and other subsurface materials, dozens of feet above bedrock. In particular, the petitioners

claim that the pads are in violation of requirements in 10 CFR 72.212(b)(2)(i)(B).

Current Status:

The staff held a teleconference with the petitioners on April 26, 2006. The petitioners informed

the staff that they would submit a supplement to the petition. The staff delayed making a

decision on whether the petition met the criteria of 10 CFR 2.206 pending receipt of the

supplement. 

On May 4, 2006, the staff sent a letter to the petitioner, acknowledging receipt of the petition

and providing a transcript of the teleconference. As of May 31, 2006, the petitioner had not

provided a supplement to the petition. 

One of the issues raised in the petition is also the subject of an open inspection item that is

currently under review. Upon resolution of the open inspection item, the staff will determine if a

separate review should be opened under the 2.206 process.

Enclosure 2
- 2 -

Facility: South Texas Project

Petitioners: Service Employees International Union

Date of Petition: May 16, 2006

EDO Number: G20060525

PRB meeting: TBD

Issues/Actions requested:

That the NRC issue a Demand for Information that would require STPNOC to provide the NRC

with copies of:

(1) any assessments of the safety conscious work environment at STP conducted

since January 1, 2004, and

(2) summaries of any associated action plans and the results of efforts to remediate

problems revealed by these surveys and surveys in 2001 and 2003.

Current Status:

The staff contacted the petitioner on June 1, 2006, to inform him that we have received the

petition and to offer an opportunity to address the board.
Enclosure 3

AGE STATISTICS FOR AGENCY 2.206 PETITIONS

Assigned

Action

Office

FACILITY/

Petitioner

Incoming 

petition

PRB

meeting1

Acknowledgment 

letter/days from

incoming2

Proposed DD

issuance

Date/age3

Date for

final 

DD/age 4

Comments if not

meeting the

Agency’s

Completion Goals

NRR All operating and

decommissioned

power reactors

and test and

research reactors/

David Lochbaum

and others

01/25/06 04/05/06 03/01/06

35

06/29/06 TBD

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

petition.

2) Goal is to issue acknowledgment letter within 35 days 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.