October 18, 2007 

MEMORANDUM TO: Luis A. Reyes 

Executive Director for Operations 

FROM: Bruce A. Boger, Associate Director 

 for Operating Reactor Oversight and Licensing /RA/ 

Office of Nuclear Reactor Regulation 

SUBJECT: SEPTEMBER 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, AReview 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 September 30, 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 September 30, 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 September 30, 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 

 

 
October 18, 2007 

MEMORANDUM TO: Luis A. Reyes 

Executive Director for Operations 

FROM: Bruce A. Boger, Associate Director 

 for Operating Reactor Oversight and Licensing /RA/ 

Office of Nuclear Reactor Regulation 

SUBJECT: SEPTEMBER 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, AReview 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 September 30, 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 September 30, 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 September 30, 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: ML072820159 NRR-106 

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

NAME HCruz TMensah DBaxley SRosenberg HNieh BBoger 

DATE 10/5/07 10/17/07 10/15/07 10/17/07 10/17/07 10/18/070 

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

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

Date: October 18, 2007 

PUBLIC 

PSPB Reading File 

RidsEdoMailCenter 

EmileJulian 

PatriciaAnderson 

RidsNrrOd 

RidsNrrAdro 

RidsOgcMailCenter 

RidsOpaMail 

RidsOcaMailCenter 

RidsOeMailCenter 

RidsNrrWpcMail 

JosephDeCicco 

PatriciaRathbun 

GuyCaputo 

HollyCruz 

MarkKowal 

DougPickett 

JamesKim 

JohnBoska 

RidsNrrDpr 

RidsNrrDprPspb 

RidsNrrLADBaxley 

RidsNrrPMTMensah 

RidsRgn1MailCenter 

RidsRgn2MailCenter 

RidsRgn3MailCenter 

RidsRgn4MailCenter 
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: 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. Due to multiple failed attempts to contact the petitioner by telephone, the petition 

manager contacted the petitioner by email on September 26, 2007, to inform her of the 

current status of the petition and to coordinate a date for a PRB meeting. The petition 

manager will continue to make reasonable attempts to contact the petitioner. The PRB 

will meet internally in October to make an initial recommendation. 

ENCLOSURE 2
 

-2-

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. 

 
 

-3- 

Current Status: 

On August 27, 2007, the petitioner filed a petition for an enforcement action pursuant to 10 CFR 

2.206. On September 6, 2007, the petitioner was notified by phone call that the requested 

immediate action to derate or shutdown the Vermont Yankee Power Plant was denied since the 

petition did not identify any safety hazards sufficient to either derate or shutdown the plant. On 

September 12, 2007, the NRC staff held a teleconference with the petitioner, providing the 

opportunity to address the Petition Review Board (PRB). The PRB made an initial 

recommendation that the petition met the criteria for review under 10 CFR 2.206, and notified 

the petitioner by phone of its decision to accept the petition only with respect to the review of 

technical concerns with the cooling towers on September 26, 2007. The petitioner requested a 

second opportunity to address the PRB by teleconference. This teleconference was held on 

October 3, 2007. In an email dated October 3, 2007, the petitioner forwarded additional press 

articles to supplement the original petition request. The PRB will convene in an internal meeting 

to consider the additional information provided by the petitioner during the October 3, 2007, 

teleconference and determine if it meets the criteria for review under 10 CFR 2.206. 

Facility: Indian Point (IP); ADAMS 

Petitioner: Friends United for Sustainable Energy (FUSE-Sherwood Martinelli) 

Date of Petition: September 21, 2007 

EDO Number: G20070670 

PRB meeting: TBD 

Issues/Actions requested: 

The petitioner states document access on the Agencywide Documents Access and 

Management System (ADAMS) is not adequate, and further, historical documents have 

not been transferred, making the review of documents necessary for IP2 and IP3 license 

renewal impossible. The petitioner states that it is impossible to have an accurate picture 

of the General Design Criteria (GDC) for IP, which is critical to understanding the LRA 

(License Renewal Application). The petition also states that citizens cannot adequately 

review aging management programs proposed by the licensee (IP2 and 3) when Chapter 

14 of the updated final safety analysis report (UFSAR), cannot be reviewed fully since the 

NRC has almost fully redacted under the name of national security. 

1. The petitioner asks for an order from the NRC that would put every historical 

document into ADAMS, and those pertaining to IP, organized into a centralized 

folder. The file would be further broken down into three sub-folders, one for each 

reactor licensee, and a forth for all documents that discuss one or more Entergy 

sites that include one or more of the IP reactors. 

2. The petitioner requests the NRC rules relating to proprietary requests by 

licensees be weighed against the public’s right to know. This includes making 

documents/information public, even if it would hurt the company's financial 
 

-4- 

interests, and/or see them lose their edge in the industry, if the need to know of 

the public is more important. 

3. The petitioner requests that every proprietary document pertaining to IP be 

reviewed under NRC rules and regulations, and where possible, released to the 

public via ADAMS. For those documents the NRC deems proprietary, the 

petitioner asks the NRC to require the licensee to place into the public domain via 

ADAMS the required detailed summary. 

4. The petitioner requests the NRC order its staff and Entergy to provide to the 

public a full and un-redacted version of the UFSAR for both plants so that the 

public can fully understand the risks associated with IP, and adequately weigh the 

proposed aging management plans found in the licensee’s LRA. 

5. The petitioner requests a “stay of the clock” until this review is complete, and all 

proprietary document issues have been resolved. Further, the petitioner requests 

the petition be expedited through the decision making process to facilitate 

meeting the deadline for filing contentions of November 30, 2007. 

Current Status: 

By letter dated September 21, 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. 

Facility: Indian Point (IP), Units 2 and 3 

Petitioner: Friends United for Sustainable Energy (FUSE-Sherwood Martinelli) 

Date of Petition: September 21, 2007 

EDO Number: G20070671 

PRB meeting: TBD 

Issues/Actions requested: 

The petitioner states the NRC and the Nuclear Energy Institute (NEI) have wrongfully 

concluded that the likelihood of a terrorist attack on a nuclear reactor site is insufficient to 

warrant consideration in the environmental impact statement (EIS) scoping process. 

1. The petitioner requests the environmental costs of a terrorist attack be included in 

the EIS scoping process for the IP nuclear reactors. Specifically, the petitioner 

requests the EIS scoping process include the environmental cost studies for 

individual targeted terrorist attacks on individual locations/components at the 

facility. In addition, the petitioner requests the environmental costs of a targeted 

terrorist attack on multiple locations/components of the facility be included. 
 

-5- 

Current Status: 

By letter dated September 21, 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. 

Facility: Indian Point (IP), Units 2 and 3 

Petitioner: Friends United for Sustainable Energy (FUSE-Sherwood Martinelli) 

Date of Petition: September 28, 2007 

EDO Number: G20070700 

PRB meeting: TBD 

Issues/Actions requested: 

The petitioner states Entergy has not taken adequate action to ensure the IP2 and 3 

emergency sirens are fully operational. 

1. The petitioner requests that the NRC issue an order to place IP2 and 3 in cold 

shutdown until their emergency sirens are fully approved by the Federal 

Emergency Management Agency (FEMA) and the NRC, and the system is 

operating within 96 percent. 

2. The petitioner requests the NRC fine Entergy $130,000 per day from 

September 28, 2007, forward until they have complied with the NRC's order. 

Current Status: 

By letter dated September 28, 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. 

Facility: Indian Point (IP) 

Petitioner: Friends United for Sustainable Energy (FUSE-Sherwood Martinelli) 

Date of Petition: September 28, 2007 

EDO Number: G20070701 

PRB meeting: TBD 

Issues/Actions requested: 

The petitioner states IP1 is in violation of its SAFESTOR status, citing the following 

concerns: 
 

-6- 

1. Various components of IP1 are being used to support the activities and 

 operations of other NRC-licensees, specifically IP2 and 3. 

2. IP1 has failed to repair leaking spent fuel pools (SFP) so that current spent fuel 

rods could be moved into a refurbished SFP, allowing the current SFP to be 

drained and restored to design basis. 

3. IP1 is cross contaminating waste streams with a separate NRC licensee by using 

the IP2 SFP to transfer separately licensed materials into dry cask storage. 

4. IP1 is allowing mixed wastes to be stored in the IP1 containment area, and in 

various non-specifically identified burial sites risking human health and the 

environment. The mixed waste burial sites are not fully identified and monitored, 

thus creating possible migration pathways for human ingestion. 

5. Entergy is attempting to modify the license for IP1 to bring back into operation the 

IP1 crane to co-mingle licensee spent fuel waste streams by moving IP1 rods into 

the IP2 SFP. The IP2 SFP is to the point of bursting, and cannot provide 

adequate rack space for a full core emergency dump after the spring turn around 

unless they can begin moving fuel from the pool in large quantities this fall. 

The petitioner requests the NRC remove IP1 from SAFESTOR, and move it into official 

full decommissioning status, with decommissioning to begin immediately. 

Current Status: 

By letter dated September 28, 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. 
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 

meeting the A

Completion 

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.