March 13, 2006

MEMORANDUM TO: Luis A. Reyes

Executive Director for Operations

FROM: Gary M. Holahan, Associate Director /RA/

 for Risk Assessment and New Projects

Office of Nuclear Reactor Regulation

SUBJECT: FEBRUARY 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 February 28, 2006, there were two open petitions

that were 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 petitions.

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 February 28, 2005.

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. 

Enclosures: As stated

CONTACT: Donna Williams, NRR/DPR

 301-415-1322
March 13, 2006

MEMORANDUM TO: Luis A. Reyes

Executive Director for Operations

FROM: Gary M. Holahan, Associate Director /RA/

 for Risk Assessment and New Projects

Office of Nuclear Reactor Regulation

SUBJECT: FEBRUARY 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 February 28, 2006, there were two open petitions

that were 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 petitions.

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 February 28, 2005.

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. 

Enclosures: As stated

CONTACT: Donna Williams, NRR/DPR

 301-415-1322

DISTRIBUTION: See next page

ADAMS Accession Number: ML060680303

OFFICE PM:PSPB LA:PSPB DD:DPR ADRA

NAME DWilliams DBaxley HNieh GHolahan

DATE 3/10/06 3/9/06 3/9/06 3/13/06

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

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

Date: March 13, 2006

PUBLIC

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Status of Open Petitions

Facility Petitioner/EDO No. Page

Vermont Yankee Jonathan Block

G20050706.........................................................1

All operating and decommissioned David Lochbaum and others

power reactors and research and G20060099.........................................................2

test reactors

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

Facility: Vermont Yankee

Petitioner: Jonathan Block

Date of Petition: October 11, 2005

Director’s Decision to be Issued by: NRR

EDO Number: G20050706

Proposed DD Issuance: December 7, 2005

Final DD Issuance: March 4, 2006

Last Contact with Petitioner: March 4, 2006

Petition Manager: Jim Shea

Case Attorney: Giovonna Longo

Issues/Actions requested:

That the NRC issue an emergency order for a temporary closure or de-rating of the

Vermont Yankee Nuclear Power Station (VY) as a result of flood damage to the city of

Keene, town of Hinsdale in New Hampshire, and other portions of New Hampshire that

are part of existing evacuation routes for VY and are within the effluent pathway in an

emergency event. 

Background:

During a telephone conversation with the petition manager on October 18, 2005, the

petitioner informed the staff that he had received information from FEMA regarding the

State of New Hampshire’s awareness of evacuation issues at the time of the flooding

and that alternate routes had been evaluated. Therefore the staff determined that the

emergency request for temporary plant closure or de-rating was not necessary and was

subsequently denied by the NRC’s Petition Review Board (PRB). The petitioner further

emphasized his broader concern regarding demonstration that FEMA and the State of

New Hampshire actually have plans for an evacuation if an event occurred at VY

simultaneously with a natural disaster such as the recent flooding. During the call, the

petition manager informed the petitioner that his request met the criteria for review

under 10 CFR 2.206. The petitioner was offered an invitation to address the PRB with

additional information to support the petition but declined.

A combined acknowledgement letter and proposed Director’s Decision was issued on

December 7, 2005. The letter requested comments within 30 days. In its proposed

Decision, the staff denied the Petitioner’s request to shut down or de-rate the station

because it concluded that there was no threat to the public health and safety. During

the recent flooding, the State had established and coordinated potential alternate

evacuation routes in the event of an accident at Vermont Yankee, and safe operation of

the station was not threatened by the flooding. 

Current Status:

No comments were received on the proposed Director’s Decision. The staff issued the

final Decision on March 4, 2006.
- 2 -

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: March 1 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 petitioner 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.

Current Status:

The staff has 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 June 29, 2006, the staff informed the petitioner

that the petition had been accepted for review under 10 CFR 2.206.

The staff has offered the petitioner an opportunity to address the PRB. The petitioner

has accepted and a meeting will be scheduled at a mutually agreeable date and time.
Status of Potential Petitions Under Consideration

Facilities: Peach Bottom and Three Mile Island

Petitioner: Eric Epstein

Date of Petition: November 18, 2005

EDO Number: G20050793

PRB meeting: December 21, 2005

Issues/Actions requested:

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

Generation Company, requiring them to demonstrate that emergency preparedness

planning for day care and nursery school populations within each facilities’ Emergency

Planning Zone is adequate or that adequate interim compensatory actions have been

taken. The petitioner also requests that the indirect license transfers associated with

the PSEG-Exelon merger be held in abeyance until the licensees can demonstrate

compliance with the licenses with regards to emergency planning.

Current Status:

The petitioner addressed the PRB during a teleconference on December 21, 2005. 

Based on the information provided in the petition and the teleconference, and in

consultation with FEMA, the staff determined that the petition does not meet the criteria

for review under 10 CFR 2.206. The NRC based its decision on the adequacy of

emergency preparedness for commercial nuclear power plants on a review of the FEMA

findings and determinations regarding the State and local emergency plans and on the

NRC assessment of the licensee’s onsite emergency plans. Demanding information

from the licensee would not facilitate our assessments since we are already engaged in

discussions with the Department of Homeland Security (DHS) and offsite response

organizations regarding this matter. The questions about the evacuation of childcare

facilities are currently being considered by the NRC, DHS, and the appropriate offsite

response organizations as a result of mr. Epstein’s inquiries, other activities within

Pennsylvania (e.g., legislation related to licensing childcare facilities), the Commission’s

directions to the NRC staff associated with the denial of the petition for rulemaking, and

the DPO filed by a member of the NRC staff.

Enclosure 2
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 TBD 03/01/06

35

6/29/06 TBD

NRR Vermont Yankee/

Jonathan Block

10/11/05 N/A 11/30/05

28

12/07/05

57

03/04/06

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.

Enclosure 3