September 12, 2007

MEMORANDUM TO: Luis A. Reyes

Executive Director for Operations

FROM: Bruce A. Boger, Associate Director /RA/

 for Operating Reactor Oversight and Licensing 

Office of Nuclear Reactor Regulation

SUBJECT: AUGUST 2007 REPORT ON THE STATUS OF PUBLIC PETITIONS 

UNDER TITLE 10 OF THE CODE OF FEDERAL REGULATIONS

(10 CFR) SECTION 2.206

In accordance with SECY-93-355, “Review of Regulations and Practice Governing Citizen

Petitions Under Title 10 of the Code of Federal Regulations, Section 2.206,” the enclosed report

gives the status of petitions submitted under 10 CFR 2.206. As of August 31, 2007, there were

no open petitions accepted for review under the 2.206 process in the Office of Nuclear Reactor

Regulation. Information that has changed since the last monthly report is highlighted. 

Enclosure 1 provides a detailed status of the open petitions as of August 31, 2007. 

Enclosure 2 provides the status of incoming letters that the U.S. Nuclear Regulatory

Commission (NRC) 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 August 31, 2007.

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

Agencywide Documents Access and Management System. By making these documents

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

openness in our regulatory process. 

Enclosures: As stated

CONTACT: Tanya M. Mensah, NRR/DPR

 301-415-3610
September 12, 2007

MEMORANDUM TO: Luis A. Reyes

Executive Director for Operations

FROM: Bruce A. Boger, Associate Director /RA/

 for Operating Reactor Oversight and Licensing 

Office of Nuclear Reactor Regulation

SUBJECT: AUGUST 2007 REPORT ON THE STATUS OF PUBLIC PETITIONS 

UNDER TITLE 10 OF THE CODE OF FEDERAL REGULATIONS

(10 CFR) SECTION 2.206

In accordance with SECY-93-355, “Review of Regulations and Practice Governing Citizen

Petitions Under Title 10 of the Code of Federal Regulations, Section 2.206,” the enclosed report

gives the status of petitions submitted under 10 CFR 2.206. As of August 31, 2007, there were

no open petitions accepted for review under the 2.206 process in the Office of Nuclear Reactor

Regulation. Information that has changed since the last monthly report is highlighted. 

Enclosure 1 provides a detailed status of the open petitions as of August 31, 2007. 

Enclosure 2 provides the status of incoming letters that the U.S. Nuclear Regulatory

Commission (NRC) 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 August 31, 2007.

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

Agencywide Documents Access and Management System. By making these documents

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

openness in our regulatory process. 

Enclosures: As stated

CONTACT: Tanya M. Mensah, NRR/DPR

 301-415-3610

DISTRIBUTION: See next page

ADAMS Accession Number: ML072430447 NRR-106

OFFICE PM:PSPB PM:PSPB LA:PSPB BC:PSPB DD:DPR ADRO

NAME HCruz TMensah DBaxley SRosenberg HNieh BBoger

DATE 8/31/07 9/7 /07 9/5/07 9/ 7 /07 9/11 /07 9/12 /07

OFFICIAL AGENCY RECORD
DISTRIBUTION FOR AUGUST 2007 REPORT ON THE STATUS OF PUBLIC PETITIONS

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

Date: September 12, 2007 

PUBLIC

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Status of Open Petitions

Facility Petitioner/EDO No. Page

No Open Petitions

ENCLOSURE 1
Status of Potential Petitions Under Consideration

Facility: Indian Point, Units 2 and 3

Petitioner: Mark Leyse

Date of Petition: April 25, 2007

EDO Number: G20070273 & G20070508

PRB meeting: May 24, 2007 (Teleconference)

Issues/Actions requested:

The petitioner requests that the NRC:

• Revoke the operating license of Indian Point (IP), Units 2 and 3.

• Order the licensee of IP, Units 2 and 3, to immediately suspend operation of IP,

Units 2 and 3. 

• Temporarily shutdown IP, Units 2 and 3. In the event of Option 3, the petitioner

requests that the NRC order the licensee to correct the current deficiencies of

the emergency core cooling system (ECCS) design basis and reconfigure the

power production levels of both plants, making IP, Units 2 and 3, compliant with

10 CFR 50.46(b).

• In the event of a license renewal process, conduct reviews for the license

renewal of IP, Units 2 and 3, that encompass conservative ECCS evaluation

calculations, modeling scenarios where one-cycle fuel would have been heavily

crudded and/or oxidized fuel rods would have crud-induced corrosion failures.

Current Status:

On April 25, 2007, the petitioner filed a petition for an enforcement action pursuant to

10 CFR 2.206. On May 24, 2007, the petitioner addressed the PRB by teleconference. 

A transcript of the teleconference (Agencywide Documents Access and Management

System (ADAMS) Accession No. ML071500238) was made publically available to

supplement the petition. The PRB denied the petitioner’s request for immediate action

because the petitioner did not identify an immediate safety concern. In addition, the

PRB determined that the petition did not meet the criteria for acceptance under

10 CFR 2.206 because the petitioner did not provide facts sufficient to constitute a basis

for the requested action. Specifically, the petitioner did not identify any facts to indicate

that IP2 or IP3 is in violation of any NRC requirement, or that operation of IP2 or IP3

presents a safety concern. In a letter dated May 31, 2007, the PRB documented its

decision to the petitioner (ADAMS Accession No. ML071500238). In a letter dated

July 17, 2007, the petitioner requested that the Executive Director for Operations

overrule the PRB’s decision not to accept the petition for review under the 2.206

process. In a letter dated August 21, 2007, the NRC Executive Director for Operations

concurred with the PRB's decisions and documented this decision to the petitioner

(ADAMS Accession No. ML072140819). The NRC previously reviewed the emergency

core cooling system evaluation calculations for IP2 and IP3 in accordance with NRC

review criteria and found them acceptable. 

ENCLOSURE 2
-2-

Facility: Indian Point, Units 2 and 3

Petitioner: Friends United for Sustainable Energy (FUSE - Susan Shapiro)

Date of Petition: June 25, 2007

EDO Number: G20070540

PRB meeting: TBD

Issues/Actions requested:

The petitioners state that current NRC regulations are prejudiced and biased, usurp

Stakeholder rights and presume that license renewal is a foregone conclusion, so long

as the licensee spends enough money, and follows guidelines essentially drafted by the

powerful nuclear industry lobby, the Nuclear Energy Institute ("NEI"). 

1. The petitioners request that the NRC issue an order enjoining the NRC from

considering any new license applications until the NRC regulations are revised to

protect the Constitutional First Amendment Rights, as well as the Equal

Protection and Due Process Rights of Stakeholders. 

2. Based upon the safety and security concerns identified on pages 4-14 of the

petition (allegations), the petitioner requests that all licenses for IP be suspended

until the site is in full compliance with all local, state and federal laws, statutes,

rules and regulations. 

3. Request for rulemaking (Part 54). 

Current Status:

On June 25, 2007, the petitioner filed a petition for an enforcement action pursuant to

10 CFR 2.206. On August 15, 2007, the Petition Manager contacted the petitioner to

acknowledge receipt of the 2.206 petition. The petitioner requested that the allegations

contained within the June 25, 2007, letter be handled in accordance with the 2.206

process. The PRB met internally on August 20, 2007, and August 27, 2007, to discuss

the petitioner’s requests for immediate action (Items #1 and #2). On 

September 5, 2007, the petition manager informed the petitioner of the PRB’s decision

to deny the requests for immediate action. A teleconference was scheduled for the

petitioner to address the PRB on September 6, 2007. On September 5, 2007, the

petitioner requested that the PRB delay the teleconference until October 2007, so that

FUSE could focus its resources on responding to the Opportunity for Hearing for the

Indian Point License Renewal. The petition manager is in the process of coordinating a

new teleconference date.
-3-

Facility: Vermont Yankee

Petitioner: New England Coalition (NEC), Raymond Shadis

Date of Petition: August 27, 2007

EDO Number: G20070597

PRB meeting: Wednesday, September 12, 2007 (teleconference)

Issues/Actions requested:

The petitioner asks that the NRC act immediately to restore reasonable assurance of adequate

protection of public heath and safety that is now degraded by the failure of the licensee and its

employees to report adverse conditions leading to a reduction in plant safety margins.

The petitioner requests:

1. NRC completion of a Diagnostic Evaluation Team examination or Independent 

Safety Assessment of Vermont Yankee to determine the extent of condition of 

non-conformances, reportable items, hazards to safety, and the root causes 

thereof.

2. NRC completion of a safety culture assessment to determine why worker

safety concerns were not previously reported and the why assessments of

safety culture under the Reactor Oversight Process failed to capture the fact or

reasons that safety concerns have gone unreported.

3. Derate Vermont Yankee to 50% of licensed thermal power with a mandatory 

hold at 50% until a thorough and detailed structural and performance analysis of 

the cooling towers, including the alternate cooling system, has been completed 

by the licensee; reviewed and approved by NRC; and until the above steps have 

been completed.

4. NRC investigation and determination of whether or not similar nonconforming 

conditions and causes exist at other Entergy-run nuclear power plants.

If prompt action can not be taken through the 10 CFR 2.206 process, then NEC

recommends that the NRC exercise its statutory discretion to halt power operation until it

can be determined to what extent Vermont Yankee is being operated in an unanalyzed

condition and until it can be determined that reduction in margins of public health and

safety have been restored and do so prior to screening NEC’s letter for acceptance into

the 2.206 process. 

Current Status:

On August 27, 2007, the petitioner filed a petition for an enforcement action pursuant to

10 CFR 2.206. The NRC staff is reviewing the petition to determine if it meets the

criteria for review under 10 CFR 2.206. The petitioner has requested an opportunity to

address the PRB during a teleconference on Wednesday, September 12, 2007. 
 

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/age4

Comments if not meeting th

Completion Goals

NRR No Open Petitions

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.