MEMORANDUM TO: L. Joseph Callan

Executive Director for Operations

FROM: Bruce A. Boger

Acting Associate Director for Projects

Office of Nuclear Reactor Regulation

SUBJECT: SEPTEMBER 1998 REPORT ON THE STATUS OF PUBLIC

PETITIONS UNDER 10 CFR 2.206

The attached monthly report reflects the status of 10 CFR 2.206 petitions as of September

30, 1998. During the month, Director’s Decisions (DD-98-07) on the petition on Philadelphia VA

Medical Center (G980069) and (DD-98-08) on the petition on Commonwealth Edison Company

(G980185) became final agency actions and were closed. Also, during the month, the

Director’s Decision (DD-98-09) on the petition on Envirocare of Utah, Inc. (GT970863) was

issued on September 14, 1998.

Attachments 1, 2, 3, and 4 give the status of petitions for the Offices of Nuclear Material Safety

and Safeguards and Nuclear Reactor Regulation. Attachment 1 includes only petitions with

status change from the previous update, Attachment 2 includes petitions with no status change

from the previous update, and Attachment 3 lists other sensitive matters, which are for internal

distribution only. Please note that Attachment 1 also includes first time additions to the list of

petitions. Attachment 4 lists the Director’s Decisions/Petitions that have been closed during the

year.

By issuing the monthly report on the status of pending 10 CFR 2.206 petitions, the staff is

documenting its responsiveness to petitioners. Those parts of the monthly report not of a

sensitive nature are placed in the Public Document Room and are placed as a link on the NRC

external home page, making them readily accessible to the public. The URL address for the

WWW link is http://irm25/NRC/PUBLIC/2206/index.html.

Attachments:

1. List of Public Petitions Under 10 CFR 2.206 with Status Change from previous month.

2. Report on Status of Public Petitions with No Status Change from previous month.

3. Decisions Pending Before the Commission and the Courts.

4. Decisions Issued and/or Closed During the Year 1998

cc w/atts: H. Thompson, EDO R. Bangart, OSP W. Kane, NMSS

W. Travers, EDO C. Paperiello, NMSS J. Lieberman, OE

P. Norry, EDO J. Cordes, Jr., OCAA E. Julian, SECY

J. Blaha, EDO J. Goldberg, OGC G. Caputo, OI

K. Cyr, OGC L. Chandler, OGC OCA

S. Collins, NRR Regional Administrators OPA

CONTACT: Ram Subbaratnam, NRR

 415-1478
MEMORANDUM TO: L. Joseph Callan

Executive Director for Operations

FROM: Bruce A. Boger

Acting Associate Director for Projects

Office of Nuclear Reactor Regulation

SUBJECT: SEPTEMBER 1998 REPORT ON THE STATUS OF PUBLIC PETITIONS

UNDER 10 CFR 2.206

The attached monthly report reflects the status of 10 CFR 2.206 petitions as of September

30, 1998. During the month, Director’s Decisions (DD-98-07) on the petition on Philadelphia VA

Medical Center (G980069) and (DD-98-08) on the petition on Commonwealth Edison Company

(G980185) became final agency actions and were closed. Also, during the month, the

Director’s Decision (DD-98-09) on the petition on Envirocare of Utah, Inc. (GT970863) was

issued on September 14, 1998.

Attachments 1, 2, 3, and 4 give the status of petitions for the Offices of Nuclear Material Safety

and Safeguards and Nuclear Reactor Regulation. Attachment 1 includes only petitions with

status change from the previous update, Attachment 2 includes petitions with no status change

from the previous update, and Attachment 3 lists other sensitive matters, which are for internal

distribution only. Please note that Attachment 1 also includes first time additions to the list of

petitions. Attachment 4 lists the Director’s Decisions/Petitions that have been closed during the

year.

By issuing the monthly report on the status of pending 10 CFR 2.206 petitions, the staff is

documenting its responsiveness to petitioners. Those parts of the monthly report not of a

sensitive nature are placed in the Public Document Room and are placed as a link on the NRC

external home page, making them readily accessible to the public. The URL address for the

WWW link is http://irm25/NRC/PUBLIC/2206/index.html.

Attachments:

1. List of Public Petitions Under 10 CFR 2.206 with Status Change from previous month.

2. Report on Status of Public Petitions with No Status Change from previous month.

3. Decisions Pending Before the Commission and the Courts.

4. Decisions Issued and/or Closed During the Year 1998

cc w/atts: H. Thompson, EDO R. Bangart, OSP W. Kane, NMSS

W. Travers, EDO C. Paperiello, NMSS J. Lieberman, OE

P. Norry, EDO J. Cordes, Jr., OCAA E. Julian, SECY

J. Blaha, EDO J. Goldberg, OGC G. Caputo, OI

K. Cyr, OGC L. Chandler, OGC OCA

S. Collins, NRR Regional Administrators OPA

CONTACT: Ram Subbaratnam, NRR, 415-1478 *See previous concurrence

J:\2206\1998\1998\PERSONALWEB\NRC\PUBLIC\2206\1998\September\edo2206.wpd 

DISTRIBUTION: See next page

OFFIC

E

PDII-1/PM* LA:PDII-1* PDII-1/PD* NMSS/IMNS/

IMOB*

(A)DPRE:D* (A)ADPR:NRR

NAME RSubbaratnam DUNNINGTON PTKUO PGOLDBERG JZWOLINSKI BBOGER

DATE 10/ 9 /98 10/9 /2 10/ 9 /98 10/ 6 /98 10/ 9 /98 10/ / 98

OFFICIAL RECORD COPY

Memorandum dated: _____________________________

Distribution:
Central Files P. Tressler/EDO W. Dean

B. McCabe F. Cameron/OGC P. Lohaus

PDII-1 r/f E. Dunnington E. Adensam

P. Goldberg/NMSS B. Boger J. Zwolinski

E. Baker/OD M. Stein/OE P.T. Kuo 

R. Subbaratnam L. Davis/OGC T. Essig

PUBLIC w/att 1, 2, & 4 only (Att 3 is "NOT FOR EXTERNAL DISTRIBUTION")
Report on Status of Public Petitions

Under 10 CFR 2.206 with Status Change from Previous Update

September 30, 1998

Attachment 1

Page

Facility Petitioner/EDO No. No.

St. Lucie/Turkey Point Saporito, National Litigation 

 Consultants/multiple GTs......................3

D.C. Cook, Units 1 and 2 Lochbaum/GT97724 .............................4

 

Envirocare of Utah, Inc. Cochran, Natural Resources

 Defense Council/GT970863 .................5

Browns Ferry 1 Lochbaum/G980199..............................6

Atlas Corporation* Chancellor/Nelson(G980547)..................7

Haddam Neck* Bassilakis, CAN/G980568......................8

Millstone Galatis, We the People, 

 Inc./EDO603 .......................................9

Vermont Yankee Daly/G980233 ...................................10

Vermont Yankee Citizens Awareness 

Network/G980358.............................11

Haddam Neck Block, CAN/G980168 ........................12

 

Key:

* Denotes addition to the petition list from previous update
2

Report on Status of Public Petitions

Under 10 CFR 2.206 with No Status Change from Previous Update 

September 30, 1998

Attachment 2

Advanced Medical Systems, Inc. Northeast Ohio Regional Sewer

 District/EDO10395 ..........................13

Connecticut Yankee Bassilakis, CAN/GT97181 ..................14

Connecticut Yankee and Millstone Katz, Citizens Awareness 

 Network(CAN)/GT96919..................15
3

Attachment 1

Report on 

Status of Public Petitions

Under 10CFR 2.206 with Status Change from Previous Update

Facility: St. Lucie 1 & 2, Turkey Point 3 & 4

Petitioners: T. Saporito, Jr. National Litigation Consultants

Date of Petitions: 2/26, 2/27, 3/6, and supplemented 3/15, 3/17, 3/29, 3/30, and 

4/4/98

Director’s Decision To Be Issued by: NRR

Date Referred to Review Organization: 3/2/98

EDO Numbers: G980124/125, G980138,G980203/204/232

OGC Number: P-98-003

Scheduled Completion Date: 9/25/98@

Last Contact with Petitioners: 9/30/98

Petition Manager: W. Gleaves

Case Attorney: S. Chidakel

Issues/Action Requested:

Petitioner requests the NRC (1) take escalated enforcement action, including modifying, suspending,

or revoking FPL’s operating licenses until the licensee demonstrates that a work environment exists

which encourages employees to raise safety concerns directly to the NRC, and issuing civil penalties

for violations of the NRC’s requirements; (2) permit the petitioner to intervene in a public hearing

regarding whether FPL has violated the NRC’s employee protection regulations and require FPL to

allow NLC to assist its employees in understanding and exercising their rights under these regulations;

(3) conduct investigations and require FPL to obtain appraisals and third-party oversight in order to

determine whether its work environment encourages employees to freely raise nuclear safety

concerns; (4) inform all employees of their rights under the Energy Reorganization Act and NRC’s

regulations to raise such concerns; and (5) establish a website on the Internet to allow employees to

raise concerns to the NRC.

Background:

The Petition Review Board met on March 19, 1998, to discuss the ongoing proceeding. The staff

intends to group a large number of issues into specific categories and address each category. The

acknowledgment letter and Federal Register notice were issued on May 4, 1998. The Division of

Reactor Projects issued a supplemental letter addressing the comments made by the Petitioner that

did not meet the criteria for consideration under 10 CFR 2.206 on July 15, 1998. These comments

included a request for NRC to provide a vehicle on the Internet by which licensee personnel could

submit safety concerns, and a request for leave to intervene in public hearings. The licensee has addressed

the individual issues within the limits of privacy for named individuals. Responses from the Region II Office and O

been received in preparation for the Director’s Decision.

Current Status:

The draft Director’s Decision has been prepared and has undergone four rounds of comments by both OGC and R

OGC is currently reviewing the revision to the draft Director’s Decision. 

@ Denotes that schedule completion date extension is on request
4

Facility: Donald C. Cook, Units 1 and 2

Petitioner: D. Lochbaum, Union of Concerned Scientists

Date of Petition:10/9/97

Director's Decision To Be Issued by: NRR

Date Referred to Review Organization: 10/15/97

EDO Number: GT97724

OGC Number: P-97-013

Scheduled Completion Date: 11/16/98@

Last Contact with Petitioner: 9/29/98

Petition Manager: John Stang

Case Attorney: R. Hoefling

Issues/Action Requested:

Petitioner requests that the operating licenses for Donald C. Cook Units 1 and 2 be modified, revoked, or suspend

there is reasonable assurance that their systems are in conformance with design and licensing bases requirement

petitioner also requests that a public hearing into this matter be held in the Washington, DC area prior to the first u

Cook being authorized to restart so that the petitioner can present information supporting the contentions in this pe

Background:

The acknowledgment letter was issued on 12/9/97. The petitioner sent in a letter on 1/6/98 objecting to the use of

8.11 criteria to determine if a public hearing would be held without first asking him if he had new information to pre

letter stated that he did have new information but did not provide it. A public meeting (not hearing) was held on 1/

allow the petitioner to present his concerns.

The petitioner sent in an addendum to the petition on 1/12/98, which provided a written copy of the issues he pres

1/12/98 meeting. In addition, the petitioner submitted a request on 1/15/98, to review the draft confirmatory action

followup inspection report prior to Cook being authorized to restart. An acknowledgment letter for both the 1/12 an

requests was issued on 2/23/98. The petitioner was contacted by phone on 2/10/98 to clarify how issues he raised

1/12/98, letter were addressed in the acknowledgment letter, and to provide him with a general status update on C

CAL. The petitioner was contacted by phone on 2/23/98, to advise him of a meeting to be held at the Cook site to

their status on the CAL and other issues. RAI requesting licensee to respond to questions in the petition was issu

6/13/98. On 7/24/98 the petitioner was contacted to give a status update and to provide clarifications on the petitio

response. The licensee responded to the RAI on July 31, 1998. On August 19, 1998, an informal public hearing

was held to allow the petitioner an opportunity to provide clarification of the issues raised in the petition. 

The licensee also participated in the hearing.

Current Status:

NRR is waiting for inspection results from a licensee Safety System Functional Inspection being performed on the

system before a final Director’s Decision can be issued. This inspection is scheduled to be completed in Decembe

@ Denotes that schedule completion date extension is on request
5

Facility: Envirocare of Utah, Inc.

Petitioner: T. Cochran, Natural Resources Defense Council (NRDC)

Date of Petition:12/12/97

Director's Decision To Be Issued by: NMSS

Date Referred to Review Organization: 12/18/97

EDO Number: GT970863; GT980293

OGC Number: P-97-014

Scheduled Completion Date: 9/4/98

Last Contact with Petitioner: 7/20/98

Petition Manager: H. Lefevre

Case Attorney: H. McGurren

Issues/Action Requested:

Immediate NRC investigation and suspension of Envirocare’s license.

Background:

The Petitioner was contacted by telephone on 12/18/97 and informed of NRC’s receipt of the petition. NRC’s lette

12/31/97 to Mr. Charles Judd of Envirocare requires that the licensee do the following: (1) respond to each of the i

raised in the petition, (2) advise the NRC whether it intends to enforce its Employment Agreement against current

employees who have engaged, or do engage, in protective activities cognizable under Section 211 of the Energy

Reorganization Act (Section 211) and other employee protection statutes, and (3) respond to inconsistencies in its

protection policies as identified in NRC’s 12/08/97 letter. 

NRDC’s 1/21/98 response to NRC’s 1/16/98 letter provided the names of 11 individuals who may have knowledge

and former employees who feel threatened by Envirocare. The staff issued, on 5/13/98, letters to three law firms

State of Utah confirming that the identified individuals had responded with the requested information or otherwise.

Petitioner submitted another petition on 5/06/98. The Petition Review Board (PRB) in its 5/19/98 board meeting 

that it provided no new information. The board decided that the 5/06/98 petition (EDO Control: G980293) would b

with the existing petition of 12/12/97. The Petitioner was informed by voice mail on 5/20/98 of NRC’s receipt of the

petition and an acknowledgment letter was issued on 6/9/98. Evaluation of information gathered in anticipation of

preparation of the Director’s Decision is scheduled for completion in September 98.

Current Status:

The Director’s Decision (DD-98-09) on the petition was issued on 9/14/98. The decision will become

final agency action after the Commission’s 25 day review period.
6

Facility: Browns Ferry Nuclear Plant Unit 1

Petitioner: D.Lochbaum

Date of Petition:4/5/98

Director's Decision To Be Issued by: NRR

Date Referred to Review Organization: 4/6/98

EDO Number: G980199

OGC Number: P-98-007 

Scheduled Completion Date: 8/31/98@

Last Contact with Petitioner: 8/11/98

Petition Manager: A. DeAgazio

Case Attorney: R. Hoefling

Issues/Action Requested:

The petitioner asked for an informal hearing requesting that the Operating License for Browns Ferry, Unit 1 be rev

2) that NRC should require the Tennessee Valley Authority (TVA) to submit either a decommissioning plan or lay-u

Brown’s Ferry, Unit 1. As the basis for the Union of Concerned Scientists (UCS) request, the petitioner asserts tha

Browns Ferry Unit 1 has been on Aadministrative hold@ since June 1, 1985, and has not been operated since then,

of the operating license and requiring relicensing, if TVA later decides to restart Unit 1, is a better, safer process th

current inspection Manual Chapter 0350 restart process. Further, the petitioner asserts that requiring a decommi

would provide assurance that the irradiated fuel is stored safely and that Units 2 and 3 are sufficiently independen

for safe operation. 

Background:

This petition was received on April 5, 1998. The 2.206 petition review board convened in mid-April 1998, and endo

proposed course of action. The acknowledgment letter was issued 4/29/98 with a decision not to hold an informal

the UCS petition. The petitioner sent in another letter dated June 5, 1998, requesting the staff reconsider conduct

hearing. The staff has determined that while the 2.206 petition alone does not meet the criteria contained in the M

Directive 8.11 regarding a hearing, the staff has chosen to conduct an informal hearing near the Browns Ferry site

the petitioner, licensee and the members of the public the opportunity to provide relevant information to the staff.

Current Status:

On August 11, 1998, the petition manager discussed the reason for holding the informal hearing in the Browns Fe

the hearing is scheduled for October 26, 1998. A Federal Register notice (FR51626) was issued on September 28

@ Denotes that schedule completion date extension is on request
7

Facility: Atlas Corporation’s Uranium Mill Tailings Pile at Moab, Utah

Petitioner: State of Utah

Date of Petition:9/10/98

Director's Decision To Be Issued by: NMSS/DWM

Date Referred to Review Organization: 9/10/98

EDO Number: G19980547

OGC Number: P-98-012

Scheduled Completion Date: 01/9/99

Last Contact with Petitioner: 8/27/98

Petition Manager: Myron Fliegel

Case Attorney: J McGurren

Issues/Action Requested:

The petitioner is concerned that over a 1,000 year period the Colorado River could migrate to the

uranium mill tailings pile at Moab, Utah, compromise pile integrity, and cause a major release of

contaminants. The petitioner claims that the rock apron design for the uranium mill tailings pile does

not provide Areasonable assurance@ against engineering failure, so that 10 CFR 40, Appendix A is not

satisfied. The petitioner requests that the NRC disapprove the Atlas Corporation rock apron design and

require the licensee to use a rock apron design by the U.S. Corps of Engineers. This design differs

from the Atlas Corporation design in the size, gradation, and volume of rock necessary to protect the

tailings pile from erosion by the Colorado River.

Background:

The State of Utah sought to intervene in Atlas Corporation’s August 2, 1988, request to amend its

license to provide for long-term safekeeping of its uranium mill tailings pile at Moab, Utah. The State

objected that insufficient care had been taken to protect the tailings should the Colorado River migrate

in the direction of the pile. The request for hearing and petition for leave to intervene was denied as

untimely in an August 13, 1998, ruling by Administrative Judge Peter B. Bloch, and was referred to the

NRC staff for appropriate disposition under 10 CFR § 2.206. Judge Bloch’s decision to refer the

petition to the staff is in compliance with Subpart L § 2.1205(l)(2), which states (page 118 of

10 CFR 40) that "if a request for a hearing on the petition for leave to intervene is found to be untimely

and the requestor or petitioner fails to establish that it otherwise should be entertained on the

paragraph (l)(1) of this section, the request or petition will be treated as a petition under § 2.206 and

referred for appropriate disposition."

Current Status:

An initial review board meeting was held on October 7, 1998. The board determined that request

meets 10 CFR 2.206 review criteria and planned appropriate actions.
8

Facility: Haddam Neck Nuclear Power Station

Petitioner: Citizens Awareness Network (CAN)

Date of Petition:9/11/98

Director's Decision To Be Issued by: NRR

Date Referred to Review Organization: 9/17/98

EDO Number: G980568

OGC Number: P-98-013

Scheduled Completion Date: 1/25/99

Last Contact with Petitioner: 9/18/98

Petition Manager: T. Fredrichs

Case Attorney: M. Rafky

Issues/Action Requested:

Petitioners requested 1) immediate revocation or suspension of the licensee’s operating license, 2) an

informal public hearing on the petition in the vicinity of the site, and 3) that the NRC consider requiring

CYAPCO to conduct decommissioning activities under 10 CFR Part 72. Petitioners present two bases in

support of their request: that CYAPCO 1) demonstrates incompetence in creating and maintaining a safe

work environment and an effective well trained staff, and 2) is not conducting its decommissioning activities

in accordance with its Post Shutdown Decommissioning Activities Report (PSDAR). 

Background:

A Petition Review Board convened September 21, 1998, and concluded that the requests met the

requirements for a 10 CFR 2.206 petition. An acknowledgment letter and Federal Register notice have

been prepared.

Current Status: 

This is a new petition.
9

Facility: Millstone

Petitioners: G. Galatis and E. Hadley on behalf of We the People, Inc.

Date of Petition:8/21/95, supplemented 8/28/95

Director's Decision To Be Issued by: NRR

Date Referred to Review Organization: 8/30/95

EDO Number: 603

OGC Number: P-95-015

Scheduled Completion Date: 12/30/98

Last Contact with Petitioner(s): 9/14/98

Petition Manager: S. Dembek

Case Attorney: R. Hoefling

Issues/Action Requested:

The petitioners allege that Northeast Utilities (NU) has offloaded more fuel assemblies into the spent fuel

pool than permitted under License Amendments 39 and 40; that NU has knowingly operated Millstone in

violation of its operating licenses; and that NU has submitted material false statements. Petitioners seek a

60 day license suspension for Millstone Unit 1 (after the unit is brought into compliance with the license and

the design basis). The petitioners also request that the operating license be revoked until the facility is in

full compliance with the terms and conditions of its license; before reinstatement of the license, a detailed

independent analysis of the offsite dose consequences of total loss of spent fuel pool water be conducted;

that enforcement action be taken against NU pursuant to 10 CFR 50.5 and 50.9; that actions be taken

regarding a proposed license amendment pending before the Commission wherein NU seeks to increase

the amount of spent fuel it may offload and that the amendment be denied; that the NRC retain an

independent expert, at NU's expense, to prepare a safety analysis report on the proposed amendment; and

that, before the issuance of any amendment, an analysis including both the probability and consequences

of applicable events be conducted. In the supplement, Mr. Galatis raised additional concerns including

concerns at Millstone Units 2 and 3 and Seabrook.

Background:

Northeast Utilities (NU) provided its responses in 9/22/95 and 10/11/95 letters. The acknowledgment letter

was issued on 10/26/95. On 12/26/96, the staff issued a partial Director's Decision (DD-96-23) that

addressed the technical aspects of the petitioners' requests. The staff conducted a hearing with the

petitioner on April 18, 1998. The wrongdoing aspects are still under review and will be addressed in a

subsequent Director's Decision. A status update letter was sent to the petitioner on 7/7/98. The completion

date was extended to 12/30/98 to allow time for additional staff review. 

Current Status:

The Petitioner was sent a status letter on 9/14/98.
10

Facility: Vermont Yankee Nuclear Power Station

Petitioner: M. Daly, New England Coalition on Nuclear Pollution, Inc.

Date of Petition: 4/10/98

Director's Decision To Be Issued by: NRR

Date Referred to Review Organization: 4/15/98

EDO Number: G980233

OGC Number: P-98-09

Scheduled Completion Date: 12/15/98

Last Contact with Petitioner: 9/16/98

Petition Manager: R. Croteau

Case Attorney: H. McGurren

Issues/Action Requested: 

The Petitioner requests that the NRC issue an order requiring that the licensee’s more limiting

administrative limits, which preclude Vermont Yankee Nuclear Power Station (Vermont Yankee) from

operating with a torus water temperature above 800

F or with service water injection water temperature

greater than 500

F, shall remain in force until certain conditions are met. The conditions include a complete

reconstitution of the licensing basis for the maximum torus water temperature, submittal to the NRC of a TS

amendment request establishing the correct maximum torus water temperature, and completion of NRC

review of the amendment request.

Background:

The current TS specify a maximum torus temperature of 100oF, however, the licensee determined that 90oF

had been used as an input to the containment response analysis. The licensee then instituted

administrative controls to limit torus temperature to 90oF while a TS change was prepared. While

performing preliminary calculations and evaluations to verify the adequacy of the 90oF limit, the licensee

determined that it was necessary to further reduce the administrative limit to 80oF until the final analysis was

completed. This issue was discussed with the licensee in a series of meetings on March 5, March 24, and

April 7, 1998. During the meetings the licensee indicated that the adequacy of a 90oF initial torus

temperature would be confirmed and a TS amendment request would be submitted before restart from the

outage (May 1998). The licensee has restarted the plant, administratively controlling torus temperature to

90oF, while the NRC reviews the TS change. The Petition Review Board met on 4/16/98, and a letter

denying the petitioner’s immediate request was issued on May 13, 1998. The licensee has submitted the

TS amendment specifying a torus water temperature limit of 90oF and the staff is reviewing the submittal. 

Amendment is under review by the staff.

Current Status:

The technical review of the licensee submittal is in progress.
11

Facility: Vermont Yankee Nuclear Power Station

Petitioner: Citizens Awareness Network

Date of Petition:5/27/98 and 6/9/98

Director's Decision To Be Issued by: NRR

Date Referred to Review Organization: 6/2/98

EDO Number: G980358

OGC Number: P-98-10

Scheduled Completion Date: 11/6/98

Last Contact with Petitioner: 6/10/98

Petition Manager: R. Croteau

Case Attorney: R. Hoefling

Issues/Action Requested: 

Immediate enforcement action by suspending the operating license until the entire

facility has been subjected to an independent safety analysis review similar to the one

conducted at Maine Yankee Atomic Power Station. As an alternative, prior to restart:

1) Require VY management to certify under oath that all back-up safety systems and all

security systems are fully operable, and all safety systems and security systems meet

and comply with NRC requirements. 2) VY be held to compliance with all of the restart

criteria and protocols in the NRC Manual. 3) VY only be allowed to resume operations

after the NRC has conducted a “vertical slice” examination of the degree to which the

new design basis documents (DBDs) and FSAR accurately describe at least two of the

primary safety systems for the VY reactor. 4) Once operation resumes, VY only be

allowed to continue operation for so long as it adheres to its schedule for coming into

compliance and completing the DBD and FSAR project. 5) NRC hold a public hearing

prior to restart to discuss the changes to the torus, VY DBD and FSAR projects, and VY

scheduled completion of these projects in relation to operational safety.

Background:

The request was based on 50.72 reports and other information already available to the

NRC. No new issues were presented. The plant restarted from the outage prior to

receiving this request in NRR. Immediate response denying the request was issued on July 6, 1998. 

The licensee was requested by a letter dated July 9, 1998, to address the issues raised by the petitioner. 

Following the licensee’s response, a Director’s Decision is being prepared. 

Current Status:

The licensee responded by letter dated September 14, 1998, and Director’s Decision is

being prepared with input from Region I.
12

Facility: Haddam Neck Nuclear Power Station

Petitioner: J. Block

Date of Petition: 3/13/98

Director's Decision To Be Issued by: NRR

Date Referred to Review Organization: 3/20/98

EDO Number: G980168

OGC Number: P-98-004

Scheduled Completion Date: 10/16/98@

Last Contact with Petitioner: 8/24/98

Petition Manager: T. Fredrichs

Case Attorney: M. Rafky

Issues/Action Requested:

Petitioners requested immediate suspension of the licensee’s operating license. 

Petitioners present three issues in support of their request: 1) that contaminated

materials were released offsite, 2) that on-site radiological failures have occurred, and 3)

that the licensee’s planned procedure to ventilate the spent fuel building through open

doors and roof hatches, in the event that the spent fuel pool cooling system becomes

inoperable and cannot be restored, constitutes an unmonitored, unplanned release of

radiation.

Background:

An acknowledgment letter was issued on 4/22/98. RAI sent to licensee on 5/28/98

requesting their plans for using the roof hatch for ventilation, and requesting dose

projections if that ventilation path is used. A copy of the RAI was sent to petitioners. 

RAI response from licensee received 6/29/98.

Current Status: 

The licensee intends to supplement the Request for Additional Information (RAI) 

received 6/29/98 with additional information.

@ Denotes that schedule completion date extension is on request
13

Attachment 2

Report on 

Status of Public Petitions

Under 10CFR 2.206 with No Status Change from Previous

Update 

Facility:Advanced Medical Systems, Inc.

Petitioner: Northeast Ohio Regional Sewer District

Date of Petition:8/19/94

Director's Decision To Be Issued by: NMSS

Date Referred to Review Organization: 8/29/94

EDO Number: 10395

OGC Number: P-94-020

Scheduled Completion Date: 10/21/98@

Last Contact with Petitioner(s): 8/21/98

Petition Manager: J. DeCicco

Case Attorney: R. Weisman

Issues/Action Requested:

Amend AMS license to install, maintain, and operate alarms on all drains from the London Road facility.

Background:

An acknowledgment letter was issued on 9/7/94. On 12/29/94 the Sewer District

requested a license renewal hearing per Subpart L, 10 CFR 2.1205. The staff provided

status updates to the petitioner by telephone on 5/30/95, 8/1/95, 10/3/95, 12/4/95,

2/12/96, 4/16/96, 6/18/96, 8/20/96, 10/22/96, and 12/20/96. The staff requested the

petitioner's views regarding the impact of a settlement agreement on the petition by

letter dated 2/3/97. The petitioner's letter dated 3/4/97 indicated that the petitioner's

requests are not completely covered by the settlement agreement, and the petition

remains relevant. A decision was made by the staff to defer the Director's Decision until

completion of the license renewal application review process, currently scheduled to be

completed by October 1998.

Current Status:

There is no change in status for this update. 

@ Denotes that schedule completion date extension is on request
14

Facility: Connecticut Yankee

Petitioners: R. Bassilakis, Citizens Awareness Network (CAN) and P. Gunter,

Nuclear Information and Resource Service (NIRS)

Date of Petition: 3/11/97

Director's Decision To Be Issued by: NRR

Date Referred to Review Organization: 3/20/97

EDO Number: GT97181

OGC Number: P-97-003

Scheduled Completion Date: 12/31/98

Last Contact with Petitioners: 9/18/98

Petition Manager: T. Fredrichs

Case Attorney: M. Rafky

Issues/Action Requested:

Petitioners request (1) that the NRC commence enforcement action against Connecticut

Yankee (CY) (Haddam Neck) by means of a large civil penalty to assure compliance

with safety-based radiological control routines, (2) modification of CY's license to

prohibit any decommissioning activity, which would include dismantling or

decontamination, until CY manages to conduct routine maintenance of the facility

without any contamination events for at least 6 months, and (3) placement of CY on the

NRC's "watch list."

Background:

An acknowledgment letter was issued on 4/3/97. The petitioner was contacted by

telephone on 7/9/97 and informed of the status of the petition. A partial Director's

Decision (DD-97-19) was issued on 9/3/97. DD-97-19 denied requests (2) and (3)

above. In a public meeting on 10/27/97, which the petitioner attended, the staff stated

that it was pursuing enforcement action regarding the remaining open item in the

petition. Request (1) regarding enforcement action has been deferred and will be the

subject of a final Director's Decision, currently scheduled for 12/31/98. 

Current Status:

There is no change in status for this update.
15

Facility: Connecticut Yankee and Millstone Units 1, 2, and 3

Petitioners: D. Katz, Citizens Awareness Network (CAN) and P. Gunter, Nuclear Information

and Resource Service

Date of Petition: 11/25/96, as amended 12/23/96

Director's Decision To Be Issued by: NRR

Date Referred to Review Organization: 12/20/96

EDO Number: GT96919

OGC Number: P-96-026

Scheduled Completion Date: 12/31/98

Last Contact with Petitioners: 8/3/98

Petition Manager: D. McDonald

Case Attorney: R. Hoefling

Issues/Action Requested:

Petitioners request the staff to take the following actions: (1) immediately suspend or revoke

Northeast Utilities' (NU’s) license to operate the Connecticut Yankee (CY) (Haddam Neck) and

Millstone reactors due to chronic mismanagement; (2) investigate the possibility that NU made

material misrepresentations to the NRC concerning engineering calculations and other

information or actions relied upon to assure the adequacy of safety systems at CY and

Millstone; (3) if an investigation determines that NU deliberately provided insufficient and/or

false or misleading information to the NRC, revoke NU's operating licenses for CY and

Millstone, or, if not, keep the reactors off-line pending a Department of Justice independent

investigation; (4) if the reactors remain operating, petitioners request that they remain on the

NRC's "watch list"; (5) keep CY and Millstone off-line until NU's chronic mismanagement has

been analyzed, remedial management programs put into effect and the NRC has evaluated and

approved the effectiveness of NU's actions; (6) in the event NU decides to decommission any

or all of the reactors at issue, petitioners request the NRC not to permit any decommissioning

activity to take place until the above issues are resolved; and (7) commence an investigation

into how the staff allowed the illegal situation at NU's Connecticut reactors to exist and continue

over a decade.

Background:

A Director's Decision (DD-97-21) addressing most of the issues was issued to the petitioners on

9/12/97. DD-97-21 partially granted some of the petitioner's requests. Request (3) above was

partially deferred for the Millstone plants and will be addressed in a subsequent final Director's

Decision. The Petitioners were provided an update letter on 08/03/98.

Current Status:

There is no change of status for this update.
16

Attachment 3

Report on Status of Public PetitionsUnder 10CFR 2.206 with

 Decisions Pending Before the Commission and the Courts.

<< ---- NOT FOR EXTERNAL DISTRIBUTION----->>

DELETED

END OF STATUS REPORT
17

Attachment 4

Report on Status of Public Petitions

Under 10CFR 2.206 for DDs Issued and/or Closed During the Year 1998

NRR:

OGC Number Facility Name Petition Manager DD Date Closure Dt

G980195 Vermont Yankee R. Croteau - 5/4/98*

GT97140 Millstone & CY S. Dembek 2/11/98 3/9/98

GT97362 North. Sta. Pow Co. W. Reckley 2/11/98 3/9/98

GT970873 Seabrook C. Smith 3/17/98 4/13/98

G980070 Millstone 1,2,3 S. Dembek 6/1/98 6/26/98

GT97494 San Onofre 2/3 B. Weistrich 6/5/98 6/30/98

GT97339 San Onofre 2/3 M. Fields 6/11/98 7/7/98

G980185 Comm. Ed. Co. G. Dick 8/31/98 9/25/98

NMSS:

G980224 Babcock Wilcox D. Orlando - 4/22/98*

G980457 Hydrologic Services W. Ford - 7/31/98*

G980069 Phila. VA Med Ctr. T. Taylor 8/28/98 9/22/98

GT970863 Envirocare of Utah H. Lefevre 9/14/98** -

* Denotes petitions not qualified to be considered as petitions under 10 CFR 2.206

** Denotes petitions that will be closed after the Commission’s 25 day review period.