MEMORANDUM TO: William D. Travers

Executive Director for Operations

FROM: Bruce A. Boger

Acting Associate Director for Projects

Office of Nuclear Reactor Regulation

SUBJECT: DECEMBER 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 December 31, 1998. 

During the month, Director’s Decision (DD-98-11) on Advanced Medical Systems, Inc. (EDO10395) and

Director’s Decision (DD-98-12) on Haddam Neck (G980168) became final agency actions and were closed.

 Also, during the month, the Director’s Decision (DD-98-13) on Vermont Yankee (G980358) was issued and

a proposed petition on Nine Mile Point Unit 1 (G19980733) was closed per the results of the Petition

Review Board (PRB) meeting decision of December 18, 1998. The PRB concluded that the letter regarding

Nine Mile Point Unit 1 did not meet the staff’s criteria pursuant to 10 CFR 2.206. 

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

Safeguards and Nuclear Reactor Regulation. Attachment 1 includes 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.

Attachment 5 reflects the age and staff hours expended on open 2.206 petitions as of December 31, 1998. 

This table reflects input from the Office of Nuclear Reactor Regulation (NRR), Office of Nuclear Material

Safety and Safeguards (NMSS), and the Office of the General Counsel (OGC). Attachment 6 provides a

summary of the status of NRR §2.206 petitions exceeding the 120-day scheduled completion goal. 

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 and recently

issued Director’s Decisions 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://www.nrc.gov/NRC/PUBLIC/2206/index.html.

Attachments: As stated

cc w/atts: F. Miraglia, DEDR/OEDO P. Lohaus, OSP W. Kane, NMSS

M. Knapp, DEDO/OEDO J. Lieberman, OE E. Julian, SECY

P. Norry, DEDM/OEDO J. Cordes, Jr., OCAA G. Caputo, OI

J. Blaha, AO/EDO J. Goldberg, OGC OCA

K. Cyr, OGC L. Chandler, OGC OPA

S. Collins, NRR C. Paperiello, NMSS P. Goldberg, NMSS

Regional Administrators

CONTACT: Ram Subbaratnam, NRR

 415-1478
MEMORANDUM TO: William D. Travers

Executive Director for Operations

FROM: Bruce A. Boger

Acting Associate Director for Projects

Office of Nuclear Reactor Regulation

SUBJECT: DECEMBER 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 December 31, 1998. 

During the month, Director’s Decision (DD-98-11) on Advanced Medical Systems, Inc. (EDO10395) and

Director’s Decision (DD-98-12) on Haddam Neck (G980168) became final agency actions and were closed.

 Also, during the month, the Director’s Decision (DD-98-13) on Vermont Yankee (G980358) was issued and

a proposed petition on Nine Mile Point Unit 1 (G19980733) was closed per the results of the Petition

Review Board (PRB) meeting decision of December 18, 1998. The PRB concluded that the letter regarding

Nine Mile Point Unit 1 did not meet the staff’s criteria pursuant to 10 CFR 2.206. 

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

Safeguards and Nuclear Reactor Regulation. Attachment 1 includes 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.

Attachment 5 reflects the age and staff hours expended on open 2.206 petitions as of December 31, 1998. 

This table reflects input from the Office of Nuclear Reactor Regulation (NRR), Office of Nuclear Material

Safety and Safeguards (NMSS), and the Office of the General Counsel (OGC). Attachment 6 provides a

summary of the status of NRR §2.206 petitions exceeding the 120-day scheduled completion goal. 

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 and recently

issued Director’s Decisions 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://www.nrc.gov/NRC/PUBLIC/2206/index.html.

Attachments: As stated

cc w/atts: F. Miraglia, DEDR/OEDO P. Lohaus, OSP W. Kane, NMSS

M. Knapp, DEDO/OEDO J. Lieberman, OE E. Julian, SECY

P. Norry, DEDM/OEDO J. Cordes, Jr., OCAA G. Caputo, OI

J. Blaha, AO/EDO J. Goldberg, OGC OCA

K. Cyr, OGC L. Chandler, OGC OPA

S. Collins, NRR C. Paperiello, NMSS P. Goldberg, NMSS

Regional Administrators

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

J:\2206\1998\1998\PERSONALWEB\NRC\PUBLIC\2206\1998\December\ORIGINALS\december.wpd 

DISTRIBUTION: See next page

OFFIC

E

PDII-3/PM LA:PDII-2 PDII-2/PD NMSS/IMN

S/IMOB*

(A)DPRE:D (A)ADPR

:NRR

NAME RSubbaratnam EDunnington HBerkow PGoldberg JZwolinski BBoger

DATE 1/ /99 1/ /2 1/ /99 1/ 6 /99 1/ /99 1/ / 99

OFFICIAL RECORD COPY
Memorandum dated: _____________________________

Distribution:

Central Files P. Anderson,OEDO G. Tracy

B. McCabe F. Cameron/OGC P. Lohaus

PDII-2 r/f E. Dunnington E. Adensam

B. Sheron B. Boger J. Zwolinski

E. Baker/OD M. Stein/OE H. Berkow

R. Subbaratnam L. Davis/OGC T. Essig

F. Davis, OGC

PUBLIC w/att 1, 2, 4, 5 & 6 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

December 31, 1998

(Table of Contents)

Attachment 1

 Page

 Facility Petitioner/EDO No. No.

D.C. Cook, Units 1 and 2 Lochbaum/GT97724 ............................3

 

Haddam Neck Block, CAN/G980168 ..........................4

River Bend UCS/ G980592....................................5

Advanced Medical Systems, Inc. Northeast Ohio Regional Sewer

 District/EDO10395 ............................6

Vermont Yankee Citizens Awareness 

Network/G980358...............................7

Perry Nuclear Stattion, Unit 1 UCS/G19980678.................................8

Diablo Canyon, Units 1 & 2 UCS/G19980678.................................9

Nine Mile Point Unit 1* P. Gunter et al./G19980733.................10

Vermont Yankee Daly/G980233 ...................................11

Atlas Corporation Chancellor/Nelson(G980547)................12

Haddam Neck Bassilakis, CAN/G980568....................13

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 

December 31, 1998

(Table of Contents)

Attachment 2

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

Army Corps of Engineers NRDC/G19980622/T.Cochran...............15

Connecticut Yankee and Millstone Katz, Citizens Awareness 

 Network(CAN)/GT96919....................16

Millstone Galatis, We the People, 

 Inc./EDO603 ...................................17

Browns Ferry 1 Lochbaum/G980199............................18
3

Attachment 1

Report on 

Status of Public Petitions

Under 10CFR 2.206 with Status Change from Previous Update

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: 02/01/99

Last Contact with Petitioner: 11/24/98

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 suspended

reasonable assurance that their systems are in conformance with design and licensing bases requirements. The pet

requests that a public hearing into this matter be held in the Washington, DC area prior to the first unit at D.C. Cook b

authorized to restart so that the petitioner can present information supporting the contentions in this petition.

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 the

criteria to determine if a public hearing would be held without first asking him if he had new information to present. T

stated that he did have new information but did not provide it. A public meeting (not hearing) was held on 1/12/98 to 

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 present

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

follow up inspection report prior to Cook being authorized to restart. An acknowledgment letter for both the 1/12 and

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

letter were addressed in the acknowledgment letter, and to provide him with a general status update on Cook and the

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

CAL and other issues. RAI requesting licensee to respond to questions in the petition was issued on 6/13/98. On 7/

petitioner was contacted to give a status update and to provide clarifications on the petition response. The licensee r

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

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

a letter dated November 24, 1998, a letter was sent to the petitioner providing the latest status of the

Director’s Decision (DD).

Current Status:

NRR is currently preparing final DD.

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
4

Scheduled Completion Date: 11/16/98

Last Contact with Petitioner: 9/18/98

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 Director’s Decision (DD-98-12) became final agency action after the Commission’s 25-day review period

on 12-22-98 and was closed.
5

Facility: River Bend Station

Petitioner: D. Lochbaum

Date of Petition: 9/25/98

Director’s Decision To Be Issued by: NRR

Date Referred to Review Organization: 9/29/98

EDO Number: G980592

OGC Number: P-98-14

Scheduled Completion Date: 2/28/99

Last Contact with Petitioner: 11/2/98

Petition Manager: R. Fretz

Case Attorney: R. Hoefling

Issues/Action Requested:

The Petition requested enforcement action to require an immediate shutdown of the River Bend Station (RBS) 

that the facility remain shut down until all failed fuel assemblies are removed from the reactor core. The RBS

licensee, Entergy Operations, Inc., had recently filed NRC Daily Event Report No. 34815, in which it reported Aa

possible defect in fuel cladding.@ As an alternate action, the Petitioner also stated that RBS could be restarted

following the proposed shutdown after its design and licensing bases were updated to permit operation with fail

fuel assemblies. In addition, the Petitioner requested a public hearing to present new plant-specific information

regarding the operation of RBS, as well as to discuss a UCS report dated April 2, 1998, entitled APotential Nucle

Safety Hazard/Reactor Operation With Failed Fuel Cladding.@ 

Background:

An acknowledgment letter was issued on 10/29/98. Since the petition did not provide specific information which

would lead the staff to conclude that an urgent safety problem existed, the Petitioner’s request for the immediat

shutdown of RBS was denied. However, in the acknowledgment letter the NRC offered the Petitioner an oppor

for an informal public hearing. On 11/6/98, the Petitioner responded to the NRC’s acknowledgment letter, and

accepted the offer for an informal public hearing. 

Current Status: 

The response for this petition is being coordinated with a similar petition associated with Perry

Nuclear plant. The NRC has written to the licensee, in a letter dated 12/1/98, requesting their participation in th

hearing and a formal response to the issues raised in the 9/25/98 Petition. An informal public hearing is curren

scheduled to be held on February 22, 1999. 
6

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: 11/5/98

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.

Current Status:

The Director’s Decision (DD-98-11) became final agency action after the Commission’s 25-day

review period on 11/30/98 and notice was served to the petitioner by a letter dated 12-3-98 and

was closed.
7

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: 12/6/98

Last Contact with Petitioner: 9/16/98

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. The licensee

responded by letter dated September 14, 1998, and Director’s Decision was prepared with input

from Region I. 

Current Status:

The Director’s Decision (DD-98-13) on the petition was issued on December 7, 1998. The

decision will become final agency action after the Commission’s 25-day review period.
8

Facility:Perry Nuclear Station, Unit 1

Petitioner: D. Lochbaum

Date of Petition: 11/9/98

Director’s Decision To Be Issued by: NRR

Date Referred to Review Organization: 11/13/98

EDO Number: G19980678

OGC Number: P-98-16

Scheduled Completion Date: 4/11/99

Last Contact with Petitioner: 11/2/98

Petition Manager: D. Pickett

Case Attorney: R. Hoefling

Issues/Action Requested:

The Petition requested enforcement action to require an immediate shutdown of the Perry Nuclear Power Plant

(PNPP) and that the facility remain shut down until all failed fuel assemblies are removed from the reactor core

an alternate action, the Petitioner asserted that PNPP could be restarted after its design and licensing bases w

updated to permit operation with failed fuel assemblies. Additionally, the Petitioner requested a public hearing t

present new information on reactor operation with failed fuel assemblies as well as to discuss the April 1998 UC

report on reactor operation with failed fuel assemblies. As the basis for the request, the petition states that with

or more failed fuel assemblies is not permitted by Perry’s design and licensing bases. More specifically, UCS

contends that Perry is also violating its worker radiation protection program (ALARA) licensing basis.

Background:

A PRB meeting was held on November 23, 1998 to screen the petition. Since the petition did not provide speci

information which would lead the staff to conclude that an urgent safety problem existed, the Petitioner’s reques

the immediate shutdown of PNPP is being denied. However, in the acknowledgment letter the NRC offered the

Petitioner an opportunity for an informal public hearing and will be coordinated with a similar petition associated

River Bend Station. 

Current Status:

 

The acknowledgment letter and Federal Register notice denying the petitioner’s request for an immediate shutd

were issued on December 16, 1998. An informal public hearing that will be combining both the River Bend and

petitions is currently scheduled to be held on February 22, 1999. 
9

Facility: Diablo Canyon Units 1 and 2

Petitioner: D. Lochbaum

Date of Petition: 11/24/98

Director’s Decision To Be Issued by: NRR

Date Referred to Review Organization: 11/30/98

EDO Number: G19980707

OGC Number: P-98-017

Scheduled Completion Date: 4/30/99

Last Contact with Petitioner: 12/23/98

Petition Manager: S. Bloom

Case Attorney: S. Chidakel

Issues/Action Requested: 

The Petition requests that the operating licenses for Diablo Canyon Units 1 and 2 be modified

to require that the plant’s owners have an independent contractor evaluate the facility’s safety

culture. Additionally, the Union of Concerned Scientists (UCS) requested an informal hearing

be held near Diablo Canyon to examine the concerns raised by the petition.

As the basis for the request, the petition states that the recent revoking of the security access

authorization for an operator at the plant may have a “chilling effect” with others at the plant and

could led to obvious negative safety implications. The petitioners are concerned about the clear

indications that the safety culture at Diablo Canyon is not conducive to employee’s raising

safety concerns with fear of retaliation.

Background: 

A PRB meeting was held on 12/7/98. The petitioner was contacted during the week of 

January 4, 1999 to inform him that an informal public meeting has been scheduled for 

January 15, 1999 with PG&E to discuss the results of their safety-conscious survey.

Current Status: 

The acknowledgment letter and Federal Register notice were issued on December 30, 1998. A meeting is

scheduled for January 15, 1999, with the licensee and their contractor to discuss the results of

their safety-conscious survey with the NRC.
10

Facility: Nine Mile Point Unit 1

Petitioner: P. Gunter et al.

Date of Petition: 12/14/98

Director’s Decision To Be Issued by: N/A

Date Referred to Review Organization: 12/14/98

EDO Number: G19980733

OGC Number:

Scheduled Completion Date: 2/15/99

Last Contact with Petitioner:

Petition Manager: D. Hood

Case Attorney: R. Hoefling

Issues/Action Requested: 

Petitioner requests that NRC convene a public hearing to consider revocation of the NMP1

operating license based on the following new information for which petitioner claims: 

1) NMPC’s conclusion for continued operation before reinspecting the core shroud is based on

an analytical model for crack growth rate that is non-conservative because it is based on

unirradiated base metals not representative of in situ metal found in the core. The depth of the

crack measured during RFO-14 was less than when measured during RFO-13. Some foreign

reactors have replaced shrouds or discontinued operation rather than repairing the shrouds. 2) 

NMPC’s model for crack growth rate is non-conservative because it relies upon a single

inspection data point of the vertical cracking. No observed field data on vertical weld cracking

is available to support an understanding of the degradation mechanism. NMPC’s backcalculation to the onset of cracking is non-physical and is based on pure speculation about

crack initial conditions. 3) NMPC indicates that cracks have moved outside of the Heat Affected

Zone along vertical welds; this constitutes an unreviewed safety issue because it represents a

new and unanalyzed challenge to the structural integrity of the shroud not bound by the current

safety evaluation. 4) By deferring its mid-cycle inspection, NMPC has contradicted BWROG’s

1994 advice that “Shroud cracking is a signal to reevaluate, in more detail, the potential for

cracking in other vessel internals.” Petitioner contends that an accurate, predictive empirical

model on IGSCC should be developed. 5) Shroud cracking is an unqualified risk to public

health and safety because the NRC has not published the risk factors for core shroud cracking

(i.e., supplemented GL 94-03 and NUREG-1544), assessed the level of risk as a function of the

extent of shroud cracking, nor determined the extent of shroud cracking that represents an

unacceptable safety risk.

Background: 

A PRB meeting was held on 12/18/98. 

Current Status: 

This is a new petition. This petition is being closed per PRB meeting decision taken on

December 18, 1998, since the petition did not qualify to be treated as a petition under 10 CFR

2.206. A one-step acknowledgment/closeout letter is scheduled for issue by February 15,

1999.
11

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: 1/28/99

Last Contact with Petitioner: 12/21/98

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 lim

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 500F, shall remain in for

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 ha

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

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 red

the administrative limit to 80oF until the final analysis was completed. This issue was discussed with the license

series of meetings on March 5, March 24, and April 7, 1998. During the meetings the licensee indicated that th

adequacy of a 90oF initial torus temperature would be confirmed and a TS amendment request would be subm

before restart from the outage (May 1998). The licensee has restarted the plant, administratively controlling tor

temperature to 90oF. The Petition Review Board met on 4/16/98, and a letter denying the petitioner’s immediat

request was issued on May 13, 1998. The licensee submitted the TS amendment specifying a torus water

temperature limit of 90oF, and the amendment was issued on 12/28/98.

Current Status:

The Director’s Decision is being prepared based on the safety evaluation developed in support of the TS

amendment.
12

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: 10/16/98

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 petition

claims that the rock apron design for the uranium mill tailings pile does not provide Reasonable 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 pro

for long-term safekeeping of its uranium mill tailings pile at Moab, Utah. The State objected that insufficient car

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 Administrati

Judge Peter B. Bloch, and was referred to the NRC staff for appropriate disposition under 10 CFR § 2.206. Jud

Bloch’s decision to refer the petition to the staff is in compliance with Subpart L § 2.1205(l)(2), which states (pa

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."

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

request meets the 10 CFR 2.206 review criteria and planned appropriate actions. The

petitioner was notified by letter dated October 16, 1998, that the request for hearing had been

referred to the staff for consideration under 10 CFR 2.206. A notice to that effect was

published in the Federal Register on October 22, 1998.

Current Status:

Director’s Decision on the Petition has been prepared and is currently under review.
13

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: 11/18/98

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

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: th

CYAPCO 1) demonstrates incompetence in creating and maintaining a safe work environment and an effective

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

10 CFR 2.206 petition. An acknowledgment letter and Federal Register notice were issued on October 7, 1998

Current Status: 

A final Director’s Decision has been prepared and is in concurrence chain.
14

Attachment 2

Report on 

Status of Public Petitions

Under 10CFR 2.206 with No Status Change from Previous Update 

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: 11/18/98

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: Multiple Sites under the United States Formerly Utilized Sites Remedial Action

Program (FUSRAP)

Petitioner: Thomas Cochran, Natural Resources Defense Council James Sottile, IV, Caplin &

Drysdale Christian R. Pastore, Caplin & Drysdale

Date of Petition: 10/15/98

Director’s Decision To Be Issued by: OGC

Date Referred to Review Organization: 10/21/98

EDO Number: G19980622

OGC Number: P-98-015

Scheduled Completion Date: 2/15/99

Last Contact with Petitioner: 10/15/98

Petition Manager: J. Holonich

Case Attorney: H. Newsome

Issue/ Action Requested:

The petitioners have requested that NRC exert authority to ensure that the Corps of Engineers’

handling of radioactive materials in connection with the Formerly Utilized Sites Remedial Action

Program (FUSRAP) is effected in accord with a properly issued license and all other applicable

requirements.

Background:

Until recently, FUSRAP was administered by the Department of Energy. In October of 1997,

Congress transferred funding for FUSRAP from DOE to the Corps of Engineers. NRDC

believes that the Corps should obtain an NRC license to conduct activities under FUSRAP. At

this time, NRC has not required the Corps to obtain a license. Office of the General Counsel

(OGC) is currently reviewing NRDC’s request. An acknowledgment letter was issued on November 30,

1998.

Current Status:

There is no change status for this update.
16

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: 11/24/98

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 Petitioner was sent a status update letter on 11/24/98.

Current Status:

There is no change in status for this update. 
17

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: 3/20/99@

Last Contact with Petitioner(s): 11/19/98

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 t

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).

petitioners also request that the operating license be revoked until the facility is in full compliance with the terms

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 be

the Commission wherein NU seeks to increase the amount of spent fuel it may offload and that the amendment

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 probab

and consequences of applicable events be conducted. In the supplement, Mr. Galatis raised additional concern

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, 199

The wrongdoing aspects are still under review and will be addressed in a subsequent Director's Decision. An

enforcement panel met on 10/13/98. Region I has drafted a commission paper to resolve the enforcement issue

associated with this petition. Final resolution and the schedule for completion of the petition will occur following

resolution of enforcement issues. 

Current Status:

There is no change in status for this update. 

@Denotes an extension is on request

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: 2/23/99

Last Contact with Petitioner: 10/26/98
18

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

revoked and 2) that NRC should require the Tennessee Valley Authority (TVA) to submit either a decommissio

plan or lay-up plan for Brown’s Ferry, Unit 1. As the basis for the Union of Concerned Scientists (UCS) request

petitioner asserts that because Browns Ferry Unit 1 has been on Administrative hold@ since June 1, 1985, and h

not been operated since then, revocation of the operating license and requiring relicensing, if TVA later decides

restart Unit 1, is a better, safer process than is the current inspection Manual Chapter 0350 restart process. F

the petitioner asserts that requiring a decommissioning plan would provide assurance that the irradiated fuel is 

safely and that Units 2 and 3 are sufficiently independent of Unit 1 for safe operation. 

Background:

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

endorsed a proposed course of action. The acknowledgment letter was issued 4/29/98 with a decision not to h

informal hearing on the UCS petition. The petitioner sent in another letter dated June 5, 1998, requesting the s

reconsider conducting a public hearing. The staff has determined that while the 2.206 petition alone does not m

the criteria contained in the Management Directive 8.11 regarding a hearing, the staff has chosen to conduct an

informal hearing near the Browns Ferry site to afford the petitioner, licensee and the members of the public the

opportunity to provide relevant information to the staff. A Federal Register notice (63 FR 51626) to hold an info

hearing in the Brown’s Ferry area was issued on September 28, 1998. An informal hearing as scheduled was h

the Browns Ferry area on October 26, 1998. The information presented at the hearing by petitioner and the lice

is being reviewed and will be used as appropriate to arrive at the Director’s Decision. The Director’s Decision is

being prepared. 

Current Status:

There is no change in status for this update. 
19

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

<<<---NOT FOR EXTERNAL DISTRIBUTION--->>>
20

Attachment 4

Report on Status of Public Petitions

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

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

G980124 St. Lucie/Turkey B.Gleaves 10/21/98 11/15/98

(Multiple) Point

G980168 Haddam Neck T.Fredrichs 11/16/98 12/22/98

G980358 Vermont Yankee R. Croteau 12/7/98**

NMSS:

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

G980457 Hydro Resources 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 10/9/98

EDO10395 Advanced Medical 

Systems, Inc. J. Decico 11/5/98 12/3/98

* 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.