May 9, 2006

MEMORANDUM TO: Luis A. Reyes

Executive Director for Operations

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

 for Risk Assessment and New Projects

Office of Nuclear Reactor Regulation

SUBJECT: APRIL 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 April 30, 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 April 30, 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
May 9, 2006

MEMORANDUM TO: Luis A. Reyes

Executive Director for Operations

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

 for Risk Assessment and New Projects

Office of Nuclear Reactor Regulation

SUBJECT: APRIL 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 April 30, 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 April 30, 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: ML061240484

OFFICE PM:PSPB LA:PSPB DD:DPR ADRA

NAME DWilliams DBaxley HNieh GHolahan

DATE 5/5/06 5/4/06 5/5/06 5/9/06

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

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

Date: May 9, 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: 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.

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 March 1, 2006, the staff informed the petitioner

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

Current Status:

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

meeting transcript when it has been completed) 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.
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 have

informed the staff that they will submit a supplement to the petition. Another PRB meeting to

determine whether the petition meets the criteria of 10 CFR 2.206 will be held following receipt

of the supplement. 

Facility: Fermi, Unit 2

Petitioners: Andrew V. Antrassian, Recording Secretary

Local 223, Fermi Division

Utility Workers Union of America, AFL-CIO 

Date of Petition: April 5, 2006

EDO Number: G20060381

PRB meeting: April 19, 2006

Issues/Actions requested:

That the NRC take action as may be proper to prevent the operating authority at Fermi, Unit 2

from being divided in a manner which hinders and obstructs the preferred, normal, and natural

progression of non-licensed operator to licensed reactor operator. The basis for this request is

a proposed action by the reactor operators to seek representation by a separate and distinct

union than non-licensed operators. 

Current Status:

The staff has reviewed the request and determined that it does not meet the criteria of 10 CFR

2.206 because union issues are not within the jurisdiction of the NRC, and the petitioners do not

assert that the action is in violation of any NRC regulation.

Enclosure 2
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.