MEMORANDUM TO: William D. Travers

Executive Director for Operations

FROM: Bruce A. Boger

Acting Associate Director for Projects

Office of Nuclear Reactor Regulation

SUBJECT: NOVEMBER 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 November

30, 1998. During the month, Director’s Decision (DD-98-10) on the petition on St. Lucie/Turkey

Point (G980124/125, G980138, G980203/204/232) became final agency action on 12-16-98

and was closed. Also, during the month, the Director’s Decisions (DD-98-11) on Advanced

Medical Systems, Inc. (EDO10395) and Director’s Decisions (DD-98-12) on Haddam Neck

(G980168) were issued.

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.

The attachment 5 reflects the age and staff hours expended on open 2.206 petitions as of

November 30, 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). The 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:

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
Report on Status of Public Petitions

Under 10 CFR 2.206 with Status Change from Previous Update

November 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

 

Browns Ferry 1 Lochbaum/G980199..............................5

Millstone Galatis, We the People, 

 Inc./EDO603 .....................................6

Haddam Neck Block, CAN/G980168 ...........................7

River Bend UCS/ G980592.....................................8

Advanced Medical Systems, Inc. Northeast Ohio Regional Sewer

 District/EDO10395 .............................9

Vermont Yankee Citizens Awareness 

Network/G980358..............................10

Perry Nuclear Stattion, Unit 1* UCS/G19980678................................11

Connecticut Yankee and Millstone Katz, Citizens Awareness 

 Network(CAN)/GT96919....................12

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

October 31, 1998

Attachment 2

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

Haddam Neck Bassilakis, CAN/G980568.....................15

Vermont Yankee Daly/G980233 ...................................16

Atlas Corporation Chancellor/Nelson(G980547)................17
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: 10/21/98

Last Contact with Petitioners: 10/21/98

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 fro

Region II Office and OE have been received in preparation for the Director’s Decision.

Current Status:

The Director’s Decision (DD-98-10) became final agency action after the Commission’s 25-day

review period on 11-16-98 and was closed.
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: 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 suspend

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

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

unit at D.C. Cook being authorized to restart so that the petitioner can present information supporting the contentio

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

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

present. The letter stated that he did have new information but did not provide it. A public meeting (not hearing) w

held on 1/12/98 to 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

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

letter (CAL) follow up inspection report prior to Cook being authorized to restart. An acknowledgment letter for bot

1/12 and 1/15/98 requests was issued on 2/23/98. The petitioner was contacted by phone on 2/10/98 to clarify ho

issues he raised in the 1/12/98, letter were addressed in the acknowledgment letter, and to provide him with a gen

status update on Cook and the CAL. The petitioner was contacted by phone on 2/23/98, to advise him of a meetin

be held at the Cook site to discuss their status on the CAL and other issues. RAI requesting licensee to respond

questions in the petition was issued on 6/13/98. On 7/24/98 the petitioner was contacted to give a status update a

provide clarifications on the petition response. The licensee responded to the RAI on July 31, 1998. On August 1

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 on the AFW

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

NRR is preparing a letter to the petitioner on the latest status of the Director’s Decision (DD).

Current Status:

By letter dated November 24, 1998 NRC provided the petitioner with the latest status of the DD.

Facility: Browns Ferry Nuclear Plant Unit 1

Petitioner: D.Lochbaum

Date of Petition: 4/5/98

Director's Decision To Be Issued by: NRR
5

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

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

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

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

asserts that because Browns Ferry Unit 1 has been on Aadministrative hold@ since June 1, 1985, and has not been

operated since then, revocation of the operating license and requiring relicensing, if TVA later decides to restart U

is a better, safer process than is the current inspection Manual Chapter 0350 restart process. Further, the petition

asserts that requiring a decommissoning plan would provide assurance that the irradiated fuel is stored safely and

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 endo

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

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

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

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

near the Browns Ferry site to afford the petitioner, licensee and the members of the public the opportunity to provi

relevant information to the staff. A Federal Register notice (63 FR 51626) to hold an informal hearing in the Brown

Ferry area was issued on September 28, 1998.

Current Status:

An informal hearing as scheduled was held in the Browns Ferry area on October 26, 1998. The information prese

the hearing by petitioner and the licensee is being reviewed and will be used as appropriate to arrive at the

Director’s Decision. The Director’s Decision is being prepared. 
6

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): 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 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. An enforcement panel

met on 10/13/98. Final resolution and the schedule for completion of the petition will occur following resolution of

enforcement issues. 

Current Status:

The Petitioner was sent a status update letter on 11/19/98.
7

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: 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) on the petition was issued on November 16, 1998. The decision

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

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 acknowledgement letter the NRC offered the Petitioner an

opportunity for an informal public hearing. As of 11/2/98, the letter has not been docketed, and NRR will be aw

response from the Petitioner. It is expected that the earliest the hearing will be held will be mid-December, and

likely in early January 1999. 

Current Status: 

The response for this petition will be coordinated with a similar petition associated with Perry

Nuclear plant. Awaiting response from licensee on acceptable dates for the informal public

hearing and a formal response to the issues raised in the petition.
9

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, currently scheduled

to be completed by October 1998.

Current Status:

The Director’s Decision (DD-98-11) on the petition was issued on November 5, 1998. The

decision will become final agency action after the Commission’s 25-day review period.
10

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. Following the licensee’s

response, a Director’s Decision is being prepared. The licensee responded by letter dated September

14, 1998, and Director’s Decision is being prepared with input from Region I. 

Current Status:

The Director’s Decision was provided to the Director’s office in November, 1998. It is currently

under review.
11

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 NuclearPower 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. It is expected that the earliest the hearing will be held will be held in January 99 and more 

early February 99.

Current Status: 

This is a new petition. An acknowledgment letter is under preparation. 
12

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. 

Current Status:

The Petitioner was sent a status update letter on 11/24/98.
13

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.

Current Status:

An acknowledge ment letter was issued on November 30, 1998.
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: 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 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: 

There is no change status for this update.
16

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: 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. The technical review of the licensee submittal is in

progress by SCSB. SRXB has completed the review of their area.

Current Status:

There is no change in status for this update.

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
17

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:

There is no change in status for this update. 

Attachment 3

Report on Status of Public PetitionsUnder 10CFR 2.206 with

 Decisions Pending Before the Commission and the Courts.

<< ---- NOT FOR EXTERNAL DISTRIBUTION----->>
18

DELETED

END OF STATUS REPORT

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

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**

* 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.