MEMORANDUM TO: 

FROM: 

SUBJECT: 

UNITED STATES 

NUCLEAR REGULATORY COMMISSION 

WASHINGTON, D.C. 20555-0001 

October 26, 2016 

Chairman Burns 

Commissioner Svinicki 

Commissioner Baran 

William M. Dean, Director ~ _)1, ~ f'L 

Office of Nuclear Reactor Regulation 

QUARTERLY JULY-SEPTEMBER 2016 REPORT ON THE 

STATUS OF PUBLIC PETITIONS UNDER TITLE 10 OF THE CODE 

OF FEDERAL REGULATIONS, SECTION 2.206 

In accordance with the Staff Requirements Memorandum for SECY-93-355, "Review of 

Regulations and Practice Governing Citizen Petitions Under Title 10 of the Code of Federal 

Regulations (10 CFR) Section 2.206," dated February 3, 1994, the enclosed report gives the 

status of petitions submitted under 10 CFR 2.206, "Requests for action under this subpart." 

This report covers open and closed petitions from July 1 through September 30, 2016, including 

their age statistics. The report also provides the status of incoming letters that the U.S. Nuclear 

Regulatory Commission staff is evaluating to determine whether the letters meet the criteria for 

review under the 10 CFR 2.206 process. This report is available in the Agencywide Documents 

Access and Management System (ADAMS Accession No. ML 16264A 170). 

In SRM-SECY-16-0009, "Recommendations Resulting from the Integrated Prioritization and 

Re-Baselining of Agency Activities," dated April 13, 2016 (ADAMS Accession No. 

ML 16104A 158), the Commission approved the staff's recommendations related to the rebaselining of Agency activities. This included item 94 related to the implementation of 

efficiencies in the 10 CFR 2.206 process. The staff is updating Management Directive 8.11, 

CONTACT: Merrilee J. Banic, NRR/DORL 

301-415-2771 
The Commissioners - 2 -

"Review Process for 10 CFR 2.206 Petitions," to formalize these changes. To the extent that 

the staff's changes would propose to change the scope or frequency of activities tracked by the 

Commission, these would be presented to the Commission for formal direction. 

Enclosure: 

Quarterly 10 CFR 2.206 Status Report 

cc: SECY 

EDO 

OGC 

OCA 

OPA 

CFO 
PETITIONS CLOSED DURING THIS PERIOD 

St. Lucie Plant, Unit 2 

Seabrook Station, Unit 1 

Turkey Point Nuclear 

Generating, Units 3 and 4 

and St. Lucie Plant, Units 1 

and 2 

~ . . 

Southern Alliance for Clean 

Energy 

OED0-15-00026 

Sandra Gavutis, C-10 

Foundation 

OED0-16-00007 

Thomas Saporito 

LTR-16-0123 

2 

3 

4 

CURRENT STATUS OF OPEN PETITIONS 

James A. FitzPatrick Nuclear Beyond Nuclear, et al. 5 

Power Plant G20120172 

Pilgrim Nuclear Power David Lochbaum, Union of 6 

Station Concerned Scientists 

OED0-15-004 79 

All operating reactor Roy Mathew, et al. 7 

licensees OED0-16-00104 

Diablo Canyon Nuclear Friends of the Earth 8 

Power Plant, Units 1 and 2 CLl-15-14 

Indian Point Nuclear David Lochbaum, Union of 9 

Generating, Units 2 and 3 Concerned Scientists 

OED0-16-0411 

CURRENT STATUS OF OPEN PETITIONS UNDER CONSIDERATION 

Turkey Point Nuclear 

Generatinq, Units 3 and 4 

Indian Point Nuclear 

Generatinq, Units 2 and 3 

Diablo Canyon Nuclear 

Power Plant, Units 1 and 2 

Thomas Saporito 

L TR-16-0160 

Friends of the Earth 

L TR-16-0297-1 

David Lochbaum, Union of 

Concerned Scientists 

10 

11 

12 

For each petition listed above, the individual status page summarizes the issues raised by the 

petitioner, the current status, and the next steps. When a petition is received, it is reviewed 

against criteria to determine if it should be accepted for evaluation or rejected. A petition 

undergoing this review is referred to as a petition under consideration. Rejection of a petition is 

communicated in a closure letter. If a petition has been accepted for further evaluation, it is 

considered an open petition until the staff formally grants or denies the requested action in a 

Director's Decision (DD). 

Timeliness goals are established for each open petition as follows: 

• Issue an acknowledgment letter within 35 days of the date of the incoming petition. 

• Issue a proposed DD within 120 days of the acknowledgment letter. 

• Issue a final DD within 45 days of the end of the comment period. 

Enclosure 
- 2 -

CLOSED PETITION 

EDO # OED0-15-00026 (Petition Age: 19 months) 

Facility: 

Licensee Type: 

Petitioner(s): 

Date of Petition: 

DD to be Issued by: 

Proposed DD Issuance: 

Final DD Issuance: 

Last Contact with Petitioner: 

Petition Manager: 

Case Attorney: 

Issues/Actions Requested: 

St. Lucie Plant, Unit 2 

Reactor 

Southern Alliance for Clean Energy 

December 19, 2014 

Office of Nuclear Reactor Regulation 

May 24, 2016 

July 8, 2016 

July 8, 2016 

Dennis Galvin 

Emily Monteith 

The Southern Alliance for Clean Energy (SAGE) originally requested a hearing regarding 

St. Lucie's Unit 2 steam generators. The organization did not ask for any enforcement actions 

against the licensee. Rather, SAGE argued that the staff's inspection and oversight of the 

replacement steam generators constituted a de facto license amendment. 

Background: 

• On December 19, 2014, the Commission denied SACE's request and referred it to the 

Office of the Executive Director for Operations (OEDO) for dispositioning under the 

10 CFR 2.206 process (Memorandum and Order CLl-14-11). 

• For a complete summary of NRC actions through September 2015, see the July-September 

2015 10 CFR 2.206 status report (Agencywide Documents Access and Management 

System (ADAMS) Accession No. ML 15279A566). 

• On December 7, 2015, the petition manager informed the petitioner that the petition was still 

under review. 

• On January 6, 2016, the OEDO approved an extension until June 10, 2016, to issue a 

proposed DD. 

• On February 3, 2016, the petition manager informed the petitioner that the petition was still 

under review. 

• On February 18, 2016, the petition manager informed the petitioner that the inspection 

report related to the petition was issued, and would be considered in the proposed DD. 

• On April 14, 2016, the petition manager informed the petitioner that the Petition Review 

Board (PRB) was developing a DD. 

• On May 24, 2016, the NRC issued a proposed DD (ADAMS Accession No. ML 16055A311). 

Current Status/Next Steps: 

• On July 8, 2016, the NRC issued a final DD (ADAMS Accession No. ML 16167A079). Based 

on NRC's inspection results, the NRC does not have a basis for taking the petitioner's 

requested enforcement actions against the licensee. All actions on this petition are closed. 
- 3 -

CLOSED PETITION 

OED0-16-00007 (Petition Age: 7 months) 

Facility: 

Licensee Type: 

Petitioner(s): 

Date of Petition: 

DD to be Issued by: 

Proposed DD Issuance: 

Final DD Issuance: 

Last Contact with Petitioner: 

Petition Manager: 

Case Attorney: 

Issues/Actions Requested: 

Seabrook Station, Unit 1 

Reactor 

Sandra Gavutis, C-1 O Foundation 

December 22, 2015 

Office of Nuclear Reactor Regulation 

Not Applicable 

Not Applicable 

July 6, 2016 

John Lamb 

Matthew Ring 

The petitioner requested the NRC to issue an order requiring immediate implementation and 

enforcement of ACI 349.3R and ASTM C 856-11 code standards requiring core sampling, and 

petrographic testing for the mechanical properties of tensile strength, Poisson's ratio, modulus 

of elasticity, and compressive strength, specifically for walls of the containment building and 

spent fuel pool at Seabrook Station. 

Background: 

• On December 22, 2015, petitioner filed a petition for an enforcement action under 

10 CFR 2.206. 

• On January 8, 2016, the petition manager acknowledged receipt of the petition, and offered 

the petitioner an opportunity to address the PRB. 

• On January 14, 2016, the petitioner emailed the petition manager requesting a 

teleconference with the PRB. 

• On February 12, 2016, David Lochbaum, of the Union of Concerned Scientists, stated that 

he would participate in the teleconference and submitted comments to support the petition. 

• On February 15, 2016, the petitioner submitted additional comments on her petition. 

• On February 16, 2016, the p~titioner addressed the PRB by teleconference. 

• On February 24, 2016, and March 17, 2016, the PRB met to make an initial 

recommendation on whether to accept the petition. 

• On March 23, 2016, the petition manager informed the petitioner that the initial 

recommendation was to reject the petition because it addresses deficiencies within existing 

rules, and should be handled through a petition for rulemaking, and offered a second 

opportunity to address the PRB. 

• On April 15, 2016, the OEDO issued an extension until July 29, 2016, to issue a letter to the 

petitioner. 

• On June 6, 2016, the petitioner addressed the PRB through a public meeting. 

Current Status/Next Steps: 

• On July 6, 2016, the NRC issued a letter (ADAMS Accession No. ML 16169A 172) informing 

the petitioner that in accordance with Management Directive 8.11, "Review Process for 1 O 

CFR 2.206 Petitions," Handbook 8.11, Part Ill, Section C.2, the PRB rejects the petition 

under the criterion that the request addresses deficiencies within existing NRC rules. All 

actions on this petition are closed. 
- 4 -

CLOSED PETITION 

LTR-16-0123 (Petition Age: 6 months) 

Facility: 

Licensee Type: 

Petitioner(s): 

Date of Petition: 

DD to be Issued by: 

Proposed DD Issuance: 

Final DD Issuance: 

Last Contact with Petitioner: 

Petition Manager: 

Case Attorney: 

Issues/Actions Requested: 

Turkey Point Nuclear Generating, Units 3 and 4 

St. Lucie Plant, Units 1 and 2 

Reactor 

Thomas Saporito 

March 6, 2016 

Office of Nuclear Reactor Regulation 

Not Applicable 

Not Applicable 

September 12, 2016 

Perry Buckberg 

Matthew Ring 

The petitioner requested that the NRC take escalated enforcement action and issue a 

confirmatory order to take Turkey Point and St. Lucie to a cold shutdown mode of operation until 

the licensee meets conditions outlined in the petition concerning the operation of intake cooling 

water structures, piping, and facilities that provide an unauthorized means of entry to the 

protected area of the facilities. 

Background: 

• On March 6, 2016, petitioner filed a petition for an enforcement action under 10 CFR 2.206. 

• On March 30, 2016, the petition manager acknowledged receipt of the petition, and offered 

the petitioner an opportunity to address the PRB, which he accepted. 

• On May 18, 2016, the petitioner supplemented his petition. 

• On May 19, 2016, the petitioner addressed the PRB via teleconference. 

• On May 31, 2016, the PRB met to make an initial recommendation on whether to accept the 

petition for review. 

• On June 29, 2016, the petition manager informed the petitioner that the initial 

recommendation was to reject the petition because the issues have already been reviewed, 

evaluated, and resolved by the NRC. 

Current Status/Next Steps: 

• On July 18, 2016, the PRB held a second teleconference with the petitioner. 

• On September 12, 2016, the NRC issued a letter (ADAMS Accession No. ML 16223A392) 

informing the petitioner that in accordance with Management Directive 8.11, "Review 

Process for 1 O CFR 2.206 Petitions," Handbook 8.11, Part Ill, Section C.2, the PRB rejects 

the petition under the criterion that the petitioner raises issues that have already been 

subject of NRC staff review and evaluation for which a resolution has been achieved. All 

actions on this petition are closed. 
- 5 -

OPEN PETITION 

EDO # G20120172 (Petition Age: 55 months) 

Facility: 

Licensee Type: 

Petitioner(s): 

Date of Petition: 

DD to be Issued by: 

Proposed DD Issuance: 

Final DD Issuance: 

Last Contact with Petitioner: 

Petition Manager: 

Case Attorney: 

Issues/Actions Requested: 

James A. FitzPatrick Nuclear Power Plant 

Reactor 

Beyond Nuclear, et al. 

March 9, 2012 

Office of Nuclear Reactor Regulation 

To Be Determined 

To Be Determined 

September 23, 2016 

Booma Venkataraman 

Daniel Straus 

The joint petitioners requested that the FitzPatrick operating license be immediately suspended 

because they believe the operators relied on non-conservative, and wrong assumptions for the 

analysis of the capability of FitzPatrick's pre-existing ductwork containment vent system. The 

joint petitioners requested that the suspension of the operating license be in effect pending final 

resolution of a public challenge to the adequacy of the pre-existing vent line in light of the 

Fukushima Dai-ichi nuclear accident. The joint petitioners did not seek or request that 

FitzPatrick operators now install the Direct Torus Vent System since it was demonstrated to 

have experienced multiple failures to mitigate the severe nuclear accidents at Fukushima 

Dai-ichi. 

Background: 

• On March 9, 2012, the petitioners filed a petition for an enforcement action under 

10 CFR 2.206. 

• For a complete summary of NRC actions through March 2015, see the January-March 2015 

10 CFR 2.206 status report (ADAMS Accession No. ML 15097A477). 

• On June 29, 2015, a second public meeting was held with the petitioners. 

• On July 15, 2015, the PRB met to discuss the petition. The initial recommendation, which 

the petition manager conveyed to the petitioner on October 4, 2012, was to accept and hold 

in abeyance three issues addressing containment venting under severe accident conditions, 

and the design of vent systems being able to accommodate hydrogen gas. 

• On November 12, 2015, the petition manager informed the petitioners that the petition was 

still under review. 

• On May 26, 2016, the petition manager informed the petitioners that the petition was still 

under review. 

Current Status/Next Steps: 

• On July 20, 2016, the PRB met to discuss the agency's resolution of issues relating to the 

petition. 

• On July 26, 2016, and September 23, 2016, the petition manager informed the petitioners 

that the petition was still under review. 
- 6 -

OPEN PETITION 

OED0-15-00479 (Petition Age: 15 months) 

Facility: 

Licensee Type: 

Petitioner(s): 

Date of Petition: 

DD to be Issued by: 

Proposed DD Issuance: 

Final DD Issuance: 

Last Contact with Petitioner: 

Petition Manager: 

Case Attorney: 

Issues/Actions Requested: 

Pilgrim Nuclear Power Station 

Reactor 

David Lochbaum, Union of Concerned Scientists 

June 24, 2015 

Office of Nuclear Reactor Regulation · 

To Be Determined 

To Be Determined 

August 16, 2016 

Booma Venkataraman 

Robert Carpenter 

The petitioner requested that NRC take enforcement action regarding the inclusion of heavy 

rainfall events within the licensing basis for the Pilgrim Nuclear Power Station. The petitioner 

cited a letter dated March 12, 2015 (ADAMS Accession No. ML 15075A082}, from Entergy 

Nuclear Operations, Inc. (the licensee) to NRC, which contained a flood re-evaluation 

report in response to NRC's 50.54(f) letter, dated March 12, 2012 (ADAMS Accession 

No. ML 12073A348), to satisfy one of NRC's post-Fukushima mandates. The petitioner noted 

that doors exist at Pilgrim to protect equipment from submergence during heavy rainfall events, 

but such events are not included in the current licensing basis. 

Background: 

• On June 24, 2015, the petitioner filed a petition for an enforcement action under 

10 CFR 2.206. 

• For a complete summary of NRC actions through December 2015, see the 

October-December 2015 1 O CFR 2.206 status report (ADAMS Accession 

No. ML 16007A313). 

• On February 11, 2016, the NRC issued an acknowledgement letter (ADAMS Accession 

No. ML 15356A735) accepting the petition for review. 

• On April 8, 2016, and on June 6, 2016, the petitioner manager informed the petitioner that 

his petition was still under review. 

Current Status/Next Steps: 

• On August 8, 2016, the petition manager informed the petitioner that his petition was still 

under review. 

• On August 8, 2016, the petitioner requested clarification on the staff interim position on the 

flooding hazard re-evaluation submitted for Pilgrim. 

• On August 16, 2016, the NRC responded to the petitioner's request for clarification. 

• The next step is to prepare a proposed DD. 
- 7 -

OPEN PETITION 

OED0-16-00104 (Petition Age: 7 months) 

Facility: 

Licensee Type: 

Petitioner(s): 

Date of Petition: 

DD to be Issued by: 

Proposed DD Issuance: 

Final DD Issuance: 

Last Contact with Petitioner: 

Petition Manager: 

Case Attorney: 

Issues/Actions Requested: 

All operating reactor licensees 

Reactor 

Roy Mathew, et al. 

February 19, 2016 

Office of Nuclear Reactor Regulation 

To Be Determined 

To Be Determined 

June 24, 2016 

Tanya Mensah 

David Cylkowski 

The petitioners requested that either (1) the NRC issue orders that require immediate corrective 

actions, including compensatory measures to address the operability of electric power systems 

in accordance with their plant technical specification, and to implement plant modifications in 

accordance with current NRC regulatory requirements and staff guidance, or (2) issue orders to 

immediately shutdown the nuclear power plants that are operating without addressing the 

significant design deficiency identified in NRC Bulletin 2012-01, "Design Vulnerability in Electric 

Power System" (ADAMS Accession No. ML 12074A115), contending that licensees are not in 

compliance with their Technical Specifications 3.8.1 (typical) requirements related to on-site and 

off-site power systems. 

Background: 

• On February 19, 2016, the petitioners filed a petition for an enforcement action under 

10 CFR 2.206. 

• On February 24, 2016, the petition manager acknowledged receipt of the petition, and 

offered the petitioners an opportunity to address the PRB, which the petitioners declined. 

• On March 14, 2016, the PRB met to determine whether there was a need to take immediate 

actions, and to make an initial recommendation on the petition. 

• On March 15, 2016, the petition manager informed the petitioners of the PRB's decision to 

deny the request for immediate action, and the PRB's initial recommendation to accept the 

petition for review. The petition manager also offered the petitioners a second opportunity to 

address the PRB, which was declined on the basis that the petition contained all of the 

relevant facts. 

• On March 21, 2016, the NRC issued a letter to the petitioner (ADAMS Accession 

No. ML 16069A214) denying the request for immediate action, and accepting the petition for 

review. 

• On June 10, 2016, the OEDO approved an extension request to issue a proposed DD by 

December 16, 2016, because the petitioners' concerns are still under NRC evaluation. 

• On June 24, 2016, the petition manager informed the petitioners of the next step to issue the 

proposed DD. 

Current Status/Next Steps: 

• The next step is to prepare a proposed DD. 
- 8 -

OPEN PETITION 

CL/-15-14 (Petition Age: 17 months) 

Facility: 

Licensee Type: 

Petitioner(s): 

Date of Petition: 

DD to be Issued by: 

Proposed DD Issuance: 

Final DD Issuance: 

Last Contact with Petitioner: 

Petition Manager: 

Case Attorney: 

Issues/Actions Requested: 

Diablo Canyon Nuclear Power Plant, Units 1 and 2 

Reactor 

Friends of the Earth 

May 21, 2015 

Office of Nuclear Reactor Regulation 

To Be Determined 

To Be Determined 

July 20, 2016 

Lisa Regner and Margaret Watford 

Emily Monteith 

The petition was referred to the 10 CFR 2.206 process by the Commission. The petitioners 

claim that the NRC is allowing the licensee to operate Diablo Canyon outside of the plant's 

licensing basis with respect to the analysis of new seismic data following discovery of the 

Shoreline Fault in 2008. 

Background: 

• On May 21, 2015, the Commission referred, in part, by way of SECY-15-0028, "Pacific Gas 

and Electric Company (Diablo Canyon Power Plant Units 1 and 2), Petition to Intervene and 

Request for Hearing by Friends of the Earth," to the OEDO for consideration under the 

10 CFR 2.206 process. 

• For a complete summary of NRC actions through December 2015, see the 

October-December 2015 1 O CFR 2.206 status report (ADAMS Accession 

No. ML 16007A313). 

• On January 7, 2016, the petition managers informed the petitioners that the petition was 

being accepted, and offered them another opportunity to address the PRB. 

• On February 9, 2016, the petitioners submitted a written supplement to the petition in lieu of 

addressing the PRB. 

• On March 16, 2016, the PRB met to discuss the supplement, and accepted the petition for 

review. 

• On April 14, 2016, the NRC issued an acknowledgement letter to the petitioners accepting 

the petition for review (ADAMS Accession No. ML 16084A717). 

• On June 21, 2016, the PRB met to review a summary of the petitioner's concerns and the 

preliminary resolution for the proposed DD. 

• On June 21, 2016, the licensee announced that it had reached an agreement with several 

groups, including Friends of the Earth, to discontinue seeking license renewal and to 

shutdown the units in 2025. 

Current Status/Next Steps: 

• On August 2, 2016, the OEDO approved an extension until January 31, 2017, to issue a 

proposed DD. 

• -On July 20, 2016, the petitioner's legal representatives directed NRC to continue working on 

the petition, despite the news of the licensee's shutting down in 2025. 
- 9 -

OPEN PETITION 

OED0-16-00411 (Petition Age: 3 months) 

Facility: 

Licensee Type: 

Petitioner(s): 

Date of Petition: 

DD to be Issued by: 

Proposed DD Issuance: 

Final DD Issuance: 

Last Contact with Petitioner: 

Petition Manager: 

Case Attorney: 

Issues/Actions Requested: 

Indian Point Nuclear Generating, Units 2 and 3 

Reactor 

David Lochbaum, Union of Concerned Scientists 

June 30, 2016 

Office of Nuclear Reactor Regulation 

To Be Determined 

To Be Determined 

September 7, 2016 

Douglas Pickett 

Christopher Hair 

Citing the discovery of unexpected degradation of the baffle-former bolts at the Indian Point 

Nuclear Generating Unit 2, the petitioner requested that NRC issue an order requiring the 

licensee to inspect the baffle bolts and to install the down-flow to up-flow modifications on Unit 2 

during its next refueling outage, issue a demand for information requiring the licensee to submit 

an operability determination regarding continued operation of Unit 3 until its baffle bolts can be 

inspected per the Material Reliability Project, 227-A, and issue a demand for information 

requiring the licensee to submit an evaluation of the performance, role and operating experience 

of the metal impact monitoring system in detecting and responding to indications of loose parts, 

such as broken baffle bolts, within the reactor coolant system. 

Background: 

• On June 30, 2016, the petitioners filed a petition for an enforcement action 1 O CFR 2.206. 

Current Status/Next Steps: 

• On June 30, 2016, the petition manager acknowledged receipt of the petition and offered the 

petitioner an opportunity to address the PRB. 

• On July 28, 2016 the petitioner addressed the PRB by teleconference. 

• On August 4, 2016, the PRB met to make an initial recommendation regarding the petition. 

The decision was to accept it for review. 

• On August 4, 2016, the petition manager informed the petitioner that the petition was being 

accepted for review and offered a second opportunity to address the PRB. The petitioner 

declined the offer. 

• On September 7, 2016, an acknowledgement letter (ADAMS Accession No. ML 16231A140) 

was issued to the petitioner accepting the petition for review. 

• · The next step is to issue the proposed DD. 
- 10 -

OPEN PETITION UNDER CONSIDERATION 

LTR-16-0160 (Petition Age: 6 months) 

Facility: 

Licensee Type: 

Petitioner(s): 

Date of Petition: 

DD to be Issued by: 

Proposed DD Issuance: 

Final DD Issuance: 

Last Contact with Petitioner: 

Petition Manager: 

Case Attorney: 

Issues/Actions Requested: 

Turkey Point Nuclear Generating Units 3 and 4 

Reactor 

Thomas Saporito 

March 23, 2016 

Office of Nuclear Reactor Regulation 

To Be Determined 

To Be Determined 

August 30, 2016 

Audrey Klett 

Matthew Ring 

The petitioner requested that the NRC take escalated enforcement action and issue a 

confirmatory order to take Turkey Point to a cold-shutdown mode of operation until the licensee 

meets the conditions outlined in the petition concerning the discharge of radioactive isotopes 

and other contaminants into the surrounding environment. 

Background: 

• On March 23, 2016, the petitioner filed a petition for an enforcement action under 

10 CFR 2.206. 

• On March 29, 2016, the petition manager acknowledged receipt of the petition and offered 

the petitioner an opportunity to address the PRB, which he accepted. 

• On April 7, 2016, the PRB met to decide whether the NRC needed to take any immediate 

actions and determined that the petition did not raise public health or safety issues that 

necessitated immediate enforcement action to shutdown Turkey Point. 

• On April 22, 2016, the petition manager informed the petitioner of the decision. 

• On May 8, 2016, and May 9, 2016, the petitioner supplemented his petition. 

• On May 10, 2016, the petitioner addressed the PRB via a teleconference. 

• On May 23, 2016, the petitioner requested several versions of the updated final safety 

analysis report. 

• On June 9, 2016, and June 30, 2016, the PRB met to discuss the petition review scope and 

status. The PRB determined that the request either did not meet the criteria for review 

because the issues are not sufficiently supported, are outside of the NRC's jurisdiction to 

enforce, are not for enforcement related action, or the issues raised have already been the 

subject of NRC evaluation and resolved. 

Current Status/Next Steps: 

• On August 9, 2016, and August 11, 2016, the petition manager informed the petitioner of the 

PRB's recommendation that the request did not meet the criteria for review and offered him 

a second opportunity to address the PRB which he accepted. 

• On August 24, 2016, the petitioner requested a ninety day delay from September 1, 2016, to 

address the PRB because he was submitting a FOIA request related to his petition. 

• On August 30, 2016, the petition manager granted the request to delay addressing the PRB. 
- 11 -

OPEN PETITION UNDER CONSIDERATION 

L TR-16-0297-1 (Petition Age: 4 months) 

Facility: 

Licensee Type: 

Petitioner(s): 

Date of Petition: 

DD to be Issued by: 

Proposed DD Issuance: 

Final DD Issuance: 

Last Contact with Petitioner: 

Petition Manager: 

Case Attorney: 

Issues/Actions Requested: 

Indian Point Nuclear Generating, Units 2 and 3 

Reactor 

Friends of the Earth, Nuclear Information and Resource 

Service, and Hudson River Sloop Clearwater 

May 24, 2016 

Office of Nuclear Reactor Regulation 

To Be Determined 

To Be Determined 

July 29, 2016 

Douglas Pickett 

Christopher Hair 

Citing the unexpected degradation of the reactor vessel baffle-former bolts identified during the 

spring 2016 refueling outage at Indian Point Unit 2, the petitioners requested that the 

Commission take the following enforcement actions (1) prohibit the restart of Unit 2 until the 

Commission is satisfied that the unit can be safely restarted, and (2) order the immediate 

shutdown of Unit 3 so that the baffle-former bolts in that unit may be inspected. 

Background: 

• On May 2, 2016, the Friends of the Earth submitted a FOIA request (2016-0457) for all NRC 

documentation between March 7 and May 2, 2016, concerning reactor vessel baffle-former 

bolts at Indian Point. This was an extensive request and the FOIA staff believes it will take 

an additional 7-8 months to provide a complete response. 

• On May 24, 2016, the petitioners filed a petition for an enforcement action directly with the 

Commission. The petition was subsequently referred for action under 1 O CFR 2.206. 

• On June 3, 2016, the PRB met regarding the request for prohibiting the restart of Unit 2, and 

the immediate shutdown of Unit 3. On that day, the petition manager informed the petitioner 

that the request for immediate actions was denied because there were no immediate safety 

significant concerns which would adversely impact the public's health and safety. 

• On June 14, 2016, the petitioners informed the petition manager that they rejected the 

NRC's treating the petition under the 2.206 process, and disagreed with the denial of the 

request for immediate actions. 

• On June 16, 2016, the petitioner filed a petition for Writ of Mandamus with the United States 

Court of Appeals for the District of Columbia Circuit, compelling the NRC to prevent restart 

of the facility until the agency issued a reasoned decision on the petition. 

• On June 22, 2016, the Nuclear Information and Resource Service and the Hudson River 

Sloop Clearwater requested to be co-petitioners to the original petition. 

• On June 23, 2016, the Writ of Mandamus was denied. 

• On June 24, 2016, the staff granted the requests to become co-petitioners. 

Current Status/Next Steps: 

• The next step is for the petitioners to address the PRB, which the petitioners want to defer 

until the NRC provides a complete response to their FOIA request. 
- 12 -

OPEN PETITION UNDER CONSIDERATION 

OED0-16-00436 (Petition Age: 3 months) 

Facility: 

Licensee Type: 

Petitioner( s): 

Date of Petition: 

DD to be Issued by: 

Proposed DD Issuance: 

Final DD Issuance: 

Last Contact with Petitioner: 

Petition Manager: 

Case Attorney: 

Issues/Actions Requested: 

Diablo Canyon Nuclear Power Plant, Units 1 and 2 

Reactor 

David Lochbaum, Union of Concerned Scientists 

July 14, 2016 

Office of Nuclear Reactor Regulation 

To Be Determined 

To Be Determined 

September 13, 2016 

Margaret Watford 

Christopher Hair 

The petitioner requested that the NRC "issue a Demand for Information pursuant to 10 CFR 

2.204 to PG&E requiring the company to provide the NRC with a written explanation as to why 

its June 17, 2015, license amendment request failed to provide complete and accurate 

information needed by the NRC staff to complete its review and the measures it will implement 

so as to comply with 1 O CFR 50.9 in future submittals to the NRC." 

Background: 

• On July 14, 2016, the petitioners filed a petition for an enforcement action 10 CFR 2.206. 

Current Status/Next Steps: 

• On July 19, 2016, the petition manager acknowledged receipt of the petition and offered the 

petitioner an opportunity to address the PRB. 

• On August 2, 2016, the petitioner addressed the PRB by teleconference. 

• On August 8, 2016, the OEDO approved an extension until November 11, 2016 to issue a 

letter to the petitioner. 

• On August 12, 2016, and on August 23, 2016, the PRB met to make an initial 

recommendation, which was to accept the petition for review. 

• On September 13, 2016, the petition manager informed the petitioner of the intial 

recommendation to accept the petition and offered the petitioner a second opportunity to 

address the PRB. 
The Commissioners - 2 -

"Review Process for 10 CFR 2.206 Petitions," to formalize these changes. To the extent that 

the staff's changes would propose to change the scope or frequency of activities tracked by the 

Commission, these would be presented to the Commission for formal direction. 

Enclosure: 

Quarterly 10 CFR 2.206 Status Report 

cc: SECY 

EDO 

OGC 

OCA 

OPA 

CFO 

DISTRIBUTION: 200700062 

PUBLIC 

RidsNrrOd 

RidsNrrDprPgcb 

RCarpenter, OGC 

RidsRgn3MailCenter 

SSanders, NRR/DPR 

RidsRgn4MailCenter 

DHills, Region Ill 

RidsRgn1 MailCenter 

TFarnholtz, Region IV 

RidsRgn2Mai1Center 

BKlukan, Region I 

RidsEdoMailCenter 

MWatford, NRR/DORL 

RidsOgcMailCenter 

TMensah, NRR/DPR 

RidsOpaMail 

Jlamb, NRR/DORL 

RidsOcaMailCenter 

BVenkataraman, NRR/DORL 

RidsOeMailGenter 

EMonteith, OGG 

RidsNrrMailCenter 

RGuzman, NRR/DORL 

RidsNrrDorllpl 1-1 

DPickett, NRR/DORL 

RidsNrrDorllpl4 

PBuckberg, NRR/DORL 

RidsNrrDorllpl2-1 

AKlett, NRR/DORL 

RidsNrrDorllpl 1-2 

RidsNsirOd 

RidsNrrDpr 

SStuchell, NRR/DPR 

RBarkley, Region I 

TWertz, NRR 

RidsNrrDorllpl2-2 

DGalvin, NRR/DORL 

RidsNrrDorllpl3-1 

MBanic, NRR/DPR 

Slewman, OGC 

LBaer, OGC 

LRegner, NRR/DORL 

GHair, OGG 

ADAMS Accession Nos.: Package: ML16264A166; Memo: ML16264A169; 

Enclosure: ML 16264A 170; *concurrence via e-mail NRR-106 

OFFICE NRR/DPR/PGCB/PM NRR/DPR/PGCB/LA* NRR/DPR/PGCB/BC 

NAME MBanic (TMensah for) ELee (w/comment) SStuchell 

DATE 09/22/2016 09/21/2016 10/13/2016 

OFFICE NRR/DORL/D NRR/D 

NAME ABoland WDean (MEvans for) 

DATE 10/13/16 10/26/16 

OFFICIAL RECORD COPY