MEMORANDUM TO: William D. Travers

Executive Director for Operations

THRU: Samuel J. Collins, Director

Office of Nuclear Reactor Regulation

FROM: Brian W. Sheron, Associate Director

 for Project Licensing and Technical Analysis

Office of Nuclear Reactor Regulation

SUBJECT: JUNE 1999 REPORT ON THE STATUS OF PUBLIC PETITIONS

UNDER 10 CFR 2.206

The attached monthly report gives the status of 10 CFR 2.206 petitions as of June 30, 1999. 

There are 6 open NRR, 1 OE and 2 NMSS petitions.

Attachment 1 provides the status of petitions for the Offices of Nuclear Material Safety and

Safeguards (NMSS), Nuclear Reactor Regulation (NRR) and Office of Enforcement (OE). 

Attachment 2 gives the status of petitions that are in a confidential status and for internal

distribution only. Attachment 3 shows the age and staff hours expended on open 2.206

petitions as of June 30, 1999, including a summary of the status of 2.206 petitions exceeding

the 120-day scheduled completion goal. Attachment 4 shows the statistics for the 2.206

petitions processed during 1999.

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 on the NRC’s external home page,

making them readily accessible to the public. The URL address is

http://www.nrc.gov/NRC/PUBLIC/2206/index.html.

Attachments: As stated

CONTACT: Ram Subbaratnam, NRR

 415-1478
MEMORANDUM TO: William D. Travers

Executive Director for Operations

THRU: Samuel J. Collins, Director

Office of Nuclear Reactor Regulation

FROM: Brian Sheron

Associate Director for Project Licensing and Technical Analysis

Office of Nuclear Reactor Regulation

SUBJECT: JUNE 1999 REPORT ON THE STATUS OF PUBLIC PETITIONS UNDER

10 CFR 2.206

The attached monthly report gives the status of 10 CFR 2.206 petitions as of June 30, 1999. 

There are 6 open NRR, 1 OE and 2 NMSS petitions.

Attachment 1 provides the status of petitions for the Offices of Nuclear Material Safety and

Safeguards (NMSS), Nuclear Reactor Regulation (NRR) and Office of Enforcement (OE). 

Attachment 2 gives the status of petitions that are in a confidential status and for internal

distribution only. Attachment 3 shows the age and staff hours expended on open 2.206

petitions as of June 30, 1999, including a summary of the status of 2.206 petitions exceeding

the 120-day scheduled completion goal. Attachment 4 shows the statistics for the 2.206

petitions processed during 1999.

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 on the NRC’s external home page,

making them readily accessible to the public. The URL address is

http://www.nrc.gov/NRC/PUBLIC/2206/index.html.

Attachments: As stated

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

J:\2206\1999\1999\PERSONALWEB\NRC\PUBLIC\2206\1999\June\ORIGINALS\edo199906.w

pd DISTRIBUTION: See next page

OFFICE PDII/PM LA:PDII PD2/SC PDII/PD NMSS/IMNS

/IMOB

DLPM:D ADPT:NRR D: NRR

NAME RSubbaratnam Dunnington SPeterson HBerkow PGoldberg* JZwolinski/S

Black

BSheron S. Collins

DATE 7/ /99 7/ /2 7/ /99 7/3/99 7/ 8/99 7/ /99 7/ /99 7/ /99

OFFICIAL RECORD COPY
Memorandum dated: _____________________________

Distribution:

Central Files

B. McCabe,OCM

F. Miraglia, DEDR/OEDO

M. Knapp, DEDO/OEDO

P. Norry, DEDM/OEDO

J. Blaha, AO/EDO

E. Julian, SECY

PDII r/f

S. Collins, NRR

B. Sheron, NRR

E. Baker, OD

R. Subbaratnam, NRR

K. Cyr, OGC

D. Dambley, OGC

L. Chandler, OGC

F. Cameron, OGC

J. Goldberg, OGC

F. Davis, OGC

J. Cordes, Jr., OCAA

J. Lieberman, OE

P. Lohaus, OSP

C. Paperiello, NMSS

P. Goldberg, NMSS

S. Moore, NMSS

P. Anderson, OEDO(E-mail)

E. Dunnington, NRR

B. Boger, NRR

M. Stein, OE

G. Caputo, OI

G. Tracy, EDO

E. Adensam, NRR

J. Zwolinski , NRR

H. Berkow, NRR

T. Essig, NRR

OCA

OPA

Regional Administrators

PUBLIC w/att 1, 3, & 4 (Att 2 is "NOT FOR EXTERNAL DISTRIBUTION")
Report on Status of Public Petitions Under 10 CFR 2.206

June 30, 1999

(Table of Contents)

Attachment 1

Page

Facility Petitioner/EDO No. No.

Envirocare of Utah, Inc. Natural Resources Defense Council/

G19980767..................................................2

Millstone E. Hadley, We the People,Inc./ 

EDO603..............................................3

Connecticut Yankee Bassilakis,Citizens Awareness 

 Network (CAN)/GT97181......................4

Seabrook Union of Concerned Scientists (UCS)/

G19990173.........................................5

Millstone STAR et al./G19990201.......................6

Atlas Corporation Dagget, et al./(G19990011)..................8

Connecticut Yankee and Millstone Katz, Citizens Awareness Network 

 (CAN)/GT96919..................................9

Nine Mile Point Units 1 & 2 R. Norway/G19990224......................10

Nine Mile Point Unit 1 * T. Judson/G19990268.......................11

* New addition to the list during the current month
2

Attachment 1

Report on Status of Public Petitions Under 10 CFR 2.206

Facility: Envirocare of Utah, Inc.

Petitioner: Natural Resources Defense Council

Date of Petition: 12/30/98

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

Date Referred to Review Organization: 12/30/98

EDO Number: G19980767

OGC Number: P-99-01

Scheduled Completion Date: TBD*

Last Contact with Petitioner: 5/20/99

Petition Manager: Harold Lefevre

Case Attorney: J. McGurren

Issues/Action Requested:

The petitioner requests that the NRC issue an order to show cause why Khosrow B. Semnani, former President

Envirocare, should not be prohibited from participating in any NRC-licensed activity.

Background:

The petitioner correctly points out that in the February 7, 1997, denial of the Natural Resources Defense Counci

petition of January 8, 1997, requesting revocation of all of Envirocare’s licenses, NRC indicated that no immedia

required to protect public health and safety. NRC further recognized, and so stated in the February 7, 1997, Dir

Decision, that the on-going (at that time) criminal investigation centering on Mr. Semnani’s alleged bribery of Mr.

Anderson (former Director of the Utah Division of Radiation Control) may raise potential issues of integrity, which

may raise questions as to whether the NRC should have the requisite reasonable assurance that Envirocare will

Commission requirements.

The Department of Justice’s criminal investigation of Mr. Semnani resulted in his conviction on a single charge o

misdemeanor tax fraud. Mr. Semnani entered into an agreement with the Department of Energy (DOE) in 1997 w

light of possible economic sanctions against Envirocare, agreed to debar himself as president of Envirocare. Thi

Semnani agreement remains in effect although it is the staff’s understanding that Mr. Semnani has transmitted d

the DOE requesting that his debarment be lifted. The Petition Review Board meeting was held on January 20, 1

petition acknowledgment letter was issued on February 2, 1999.

Current Status:

At his April 15, 1999, arraignment, Mr. Anderson pleaded not guilty to six felony criminal counts (extortion, fraud

evasion). His trial, originally scheduled for June 15, 1999, has been delayed indefinitely. By letter dated April 5,

staff received Mr. Semnani’s rebuttal of issues raised in the Petition. The staff is currently evaluating this volum

document as well as several letters sent to NRC attesting to Mr. Semnani’s character and integrity. 

 * Schedule for completion will be set following resolution of trial issues.
3

Facility: Millstone

Petitioners: 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: 7/15/99

Last Contact with Petitioner(s): 4/2/99

Petition Manager: J. Anderson

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. The 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, the petitioners raised additional conc

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. Region I drafted a Commission paper to resolve the enforcemen

issues associated with licensee wrongdoing. On 5/19/99, the Commission found the staff’s approach regarding

enforcement acceptable. On 5/25/99, the NRC issued the enforcement action to the licensee.

Current Status:

The DD is in concurrence and is currently scheduled for issuance by July 15, 1999.
4

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: 7/30/99

Last Contact with Petitioners: 5/28/99

Petition Manager: T. Fredrichs

Case Attorney: M. Rafky

Issues/Action Requested:

The petitioner requested (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. 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. 

Current Status:

The petitioner requested enforcement action on two radiation protection events that occurred in

November 1996 and February 1997. Staff enforcement action regarding the November 1996

event was issued as a Notice of Violation on 4/5/99. Enforcement action regarding the

February 1997 event was issued as a Notice of Violation on May 12, 1999. The Director’s

Decision is in concurrence. Anticipated date of issuance of the DD is July 30, 1999. There is

no change in status for this report.
5

Facility: Seabrook

Petitioner: Lochbaum, Union of Concerned Scientists

Date of Petition: 3/31/99

Director's Decision To Be Issued by: OE

Date Referred to Review Organization: 4/12/99

EDO Number: G19990173

OGC Number: P-99-003

Scheduled Completion Date: 8/20/99

Last Contact with Petitioner: 6/9/99

Petition Manager: D. Nelson

Case Attorney: Jack Goldberg

Issues/Action Requested:

The petitioner requested three specific actions: (1) that the NRC take enforcement action

against the individuals alleged to have unlawfully discriminated against a contract electrician in

violation of 10 CFR 50.7, as identified in NRC Office of Investigation (OI) Report 1-1998-005;

(2) that the NRC take enforcement action against the individuals alleged to have created a false

record in violation of 10 CFR 50.9, as identified in OI Report 1-1998-005; and (3) that the

petitioner be granted permission to attend an upcoming predecisional enforcement conference

between the NRC and the licensee on these matters.

Background:

The petitioner was contacted on April 15, 1999, via telephone, and informed that Virgil Beaston

is the petition manager for his 10 CFR 2.206 request for action. The petitioner was informed

that the 2.206 process is a public process and that the NRC would not keep his name and

petition confidential. The petitioner stated that he understands that the 2.206 process is a

public process and that he did not object to the NRC making his name and request for action

public. The petitioner was also asked whether he had any information about the apparent

violations referenced in his request for action other than that provided by the NRC in a March

16, 1999, letter to the licensee. The petitioner stated that he had no information other than that

information contained in the NRC’s letter.

An acknowledgment letter was sent to the petitioner on April 20, 1999. The acknowledgment

letter stated that requests (1) and (2) above are being treated as proper requests for action

under 10 CFR 2.206. The petitioner’s request to attend the predecisional enforcement

conference with the licensee was denied. 

Current Status:

Region I held an enforcement conference with the licensee and the individuals concerned on

June 2, 1999. Region I is now in the process of developing a proposed enforcement strategy. 

OE review of the petitioner’s request is scheduled for completion by July 30 and issuance of the

DD is scheduled for August 20, 1999. OE is on track to meet or exceed these dates. Since

Virgil Beaston has left the NRC, Dave Nelson is the new petition manager for OE and the

petitioner will be informed of the above change.
6

Facility: Millstone Units 2 & 3

Petitioner: STAR et al.

Date of Petition: 3/31/99

Director's Decision To Be Issued by: NRR

Date Referred to Review Organization: 4/20/99

EDO Number: G19990201

OGC Number: P-99-05

Scheduled Completion Date: 9/14/99*

Last Contact with Petitioner: 6/30/99

Petition Manager: John Nakoski

Case Attorney: Jack Goldberg

Issues/Action Requested:

The petitioners’ letter contained two petition requests. In the first petition request, three specific

actions were requested: (1) that the NRC immediately suspend Northeast Utilities' license[s] to

operate the Millstone power station until there are reasonable assurances that adequate

protective measures can and will be taken in the event of a radiological emergency for Fishers

Island, NY; (2) that the operating license[s] should be suspended until such time as "a range of

protective actions have been developed for the plume exposure pathway EPZ [emergency

planning zone] for emergency workers and the public;" and (3) that these matters be the subject

of a public hearing, with full opportunity for public comment. The fundamental basis for the

requests is the petitioners’ claim that the Millstone Nuclear Power Station is not being operated

within the law. Specifically, the petitioners stated that the site is in violation of 10 CFR 50.54(q)

and 10 CFR 50.47 with regard to emergency planning requirements because Fishers Island,

New York, located within the 10-mile EPZ for Millstone, does not have a functional evacuation

plan. The petition requests that the EPZ be extended to include the mainland, which begins at

11-12 miles from the Millstone facility. This would require revising the regulations and the

current licensing basis. The requested action, in effect, constitutes a petition for rulemaking.

In the second petition request, the petitioners requested that the NRC institute a proceeding,

pursuant to 10 CFR 2.202, to suspend the operating license[s] for the Millstone Nuclear Power

Station until the facility is in full compliance with the law. Specifically, in the second petition

request, the petitioners maintain that all of the required factors in 10 CFR 50.54(s)(1):

"demography, topography, land characteristics, access routes, and jurisdictional boundaries" are

ignored in emergency planning for the Millstone Nuclear Power Station and, as such,

10 CFR 50.54(q) and 10 CFR 50.47 are violated.

Background:

The Petition Review Board (PRB) met on the two petitions on April 26, 1999. The PRB

determined that the petitioners' request for immediate action to suspend the license was to be

denied. This recommendation was made because the current emergency response plan,

endorsed by FEMA, is in force at Millstone. The PRB also determined that the second petition

request for a hearing pursuant to 10 CFR 2.202 should be denied. This recommendation was

made for two reasons: first, it did not meet the Management Directive 8.11 criteria for a 2.206

petition, and second, it is, in effect, a petition for rulemaking for 10 CFR 50.47(c)(2), 10 CFR

50.54(s)(1), and Appendix E to Part 50. The petitioners were contacted on April 27, 1999, and

informed of the NRC's denial of their request to immediately suspend the operating licenses of

Millstone, as well as their request for a public hearing. However, the petitioners’ concerns
7

related to further evaluating the current EPZ and request for expansion of the current 10-mile

zone were sent to FEMA by letter dated June 4, 1999. 

Current Status:

The acknowledgment letter and FR notice on the petition were issued on May 14, 1999. A letter

to FEMA, as discussed above, was sent on June 4, 1999. The letter to FEMA was forwarded to

the petitioner in a letter dated June 30, 1999.

* This projection of completion date is based on receiving a response from FEMA by August

16, 1999.
8

Facility: Atlas Corporation

Petitioner: Earth Justice Legal Defense Fund

Date of Petition: 1/11/99

Director's Decision To Be Issued by: NMSS

Date Referred to Review Organization: 1/12/98

EDO Number: G19990011

OGC Number: P-99-02

Scheduled Completion Date: TBD*

Last Contact with Petitioner: 5/27/99

Petition Manager: Myron Fliegel

Case Attorney: J. McGurren

Issues/Action Requested:

The petitioners request NRC to take six immediate actions to halt impacts to and to ensure

the conservation of the endangered species of fish in the Colorado River near the Atlas

site.

Background:

On August 2, 1988, Atlas submitted an application for a license amendment to revise its site reclamation plan fo

uranium mill tailings at its no longer operating site near Moab, Utah. On March 30, 1994, a notice of intent to pre

an Environmental Impact Statement was published in the Federal Register. In January 1996, the Draft Environ

Impact Statement was published for public comment. On July 29, 1998, the U.S. Fish and Wildlife Service, in

accordance with Section 7 of the Endangered Species Act (ESA), issued a final biological opinion for impacts to

federally listed endangered species from the reclamation of the Atlas mill tailings site. On October 12, 1998, and

November 13, 1998, petitioners notified NRC of their intent to sue under the ESA. On December 16, 1998, petit

filed a Motion for Preliminary Injunction against NRC in the U.S. District Court, District of Utah.

A petition was filed on January 11, 1999, requesting the NRC to take six immediate actions related to potential im

on endangered fish in the Colorado River due to contaminants from the Atlas Uranium mill tailings pile. A Petitio

Review Board meeting was held on January 26, 1999, and the petitioners’ requests for immediate action were d

by a letter of that date. In the letter, it was noted that none of the six items identified in the

petition addresses a health, safety, or environmental concern that requires emergency

steps before a complete review as provided for in 10 CFR 2.206. An acknowledgment

letter for this petition was published in the Federal Register on February 12, 1999. 

Current Status: 

On May 13, 1999, a supplement to the 2.206 petition was sent to NRC requesting immediate

action on several items. On May 27, 1999, the NRC wrote to the petitioners, acknowledging

receipt of the supplement, denying immediate action, and notifying petitioners that NRC was

deferring action on the 2.206 petition, pending a decision by the Atomic Safety and Licensing

Board (ASLB) on the petitioners’ request for hearing on similar issues. There is no change in

status for this update.

*Revised completion date will be set following ASLB’s decision on the petition supplement.
9

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: TBD*

Last Contact with Petitioners: 6/3/99

Petition Manager: R. Eaton

Case Attorney: R. Hoefling

Issues/Action Requested:

The 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 partial 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:

DD-97-21 partially granted some of the petitioners’ requests. Request (3) above was partially

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

There is no change in status for this update. 

* Schedule for completion will be set following resolution of enforcement issues.
10

Facility: Nine Mile Point Unit 1 &2

Petitioner: Robert T. Norway

Date of Petition: April 5, 1999

Director's Decision To Be Issued by: NRR

Date Referred to Review Organization: 4/29/99

EDO Number: G1990224

OGC Number: -

Scheduled Completion Date: 10/9/99

Last Contact with Petitioners: 5/10/99

Petition Manager: D. Hood

Case Attorney: J. Goldberg

Issues/Action Requested:

(1) The petitioner requests that the NRC “take immediate action to issue a Show Cause Order or

Civil Penalty against Niagara Mohawk Power Corporation and its senior nuclear and corporate

management (Enforcement Sanctions) for 1) submitting an altered employee record, under

fraudulent pretenses, to the Nuclear Regulatory Commission on May 10, 1996 and 2) for their

actions for placing confidential and fraudulent statements pertaining to [his] work performance, a

false written record of what the Administrative Law Judge (ALJ) had determined in Discrimination

Case 95-ERA-005 and the confidential and fraudulent 1994 employee evaluation (which the

Administrative Law Judge had found to be altered) into federal custody and into public record. 

These actions are in clear Violation of 10 CFR 2.790(a) and 10 CFR 50.9.” (2) The petitioner

also requests that the NRC “take immediate action and issue a Show Cause Order or Civil

Penalty against Niagara Mohawk Power Corporation and its senior nuclear and corporate

management (Enforcement Sanctions) for Discrimination in Violation of 10 CFR 50.7 [and]

10 CFR 2.790 ... for their actions ... allowing confidential, false and fraudulent documentation

that is disparaging, deleterious and damaging to [his] goodwill, integrity and reputation to be

placed into permanent public record.” (3) The petitioner also requests that NRC “forward a

complaint to the Office of the Inspectors [sic] General for an investigation of possible deliberate

misconduct or negligence on the part of members of the NRC for failing to take proper action in

this discrimination case, allowing NMPC representatives to place false and fraudulent

documents in NRC custody and for allowing these documents to be placed into public record.”

Background:

A Petition Review Board (PRB) meeting on the petition was held on May 5, 1999. The PRB

recommended that the petition manager solicit a written response from the licensee to be

reviewed by OE. A letter requesting a licensee response on the petition was issued on May

10, 1999, and a response was requested by early July 1999. 

Current Status:

An acknowledgment letter and FR notice on the petition were issued on June 9, 1999, and June

15, 1999, respectively. The issues regarding request (3) of the petitioner has been forwarded to

the Office of Inspector General on May 17, 1999, for review and suitable action.
11

Facility: Nine Mile Point Unit 1 

Petitioners: Tim Judson

Syracuse Peace Council, et al.

Date of Petition: May 24, 1999

Director's Decision To Be Issued by: NRR

Date Referred to Review Organization: 5/24/99

EDO Number: G19990268

OGC Number: -

Scheduled Completion Date: 10/24/99

Last Contact with Petitioners: 6/11/99

Petition Manager: D. Hood

Case Attorney: J. Goldberg

Issues/Action Requested:

The petitioners request that NRC suspend NMPC’s operating license for NMP1 by postponing

the scheduled restart date until (1) NMPC releases the most recent inspection data on the

plant’s core shroud, (2) a public meeting can be held in Oswego County to review this inspection

data and the...repair design to core shroud welds V-9 and V-10, and (3) an adequate public

review of the safety of the plant’s continued operation is accomplished. This request is based

upon the assertions of “new and unreviewed” information and “safety concerns.”

Background:

A Petition Review Board (PRB) meeting on the petition was held on June 2, 1999. The PRB

determined that the request for immediate action to revoke or suspend the operating license for

NMP1 by postponing the scheduled restart date should be denied because the cracked vertical

welds (V9 and V10) have been repaired, restoring these shroud welds to their design bases; the

licensee is following relevant staff-approved industry guidance (e.g., several BWRVIP reports)

for outage activities; and the staff has already evaluated most of the NMP1-specific issues

raised in the petition. These include a 1997 modification to the tie rod base support design

(redesign of wedge-retaining clip), previous restart and operation contingent upon a mid-cycle

reinspection of vertical welds, extended operation to the end of the full cycle, and the shroud

reinspection plan for the current refueling outage (RFO15). Also, the licensee’s repair of V9 and

V10 welds was in accordance with a staff-approved repair/inspection plan. 

Current Status:

An acknowledgment letter and FR notice on the petition were issued on June 11, 1999. A

director’s decision is in preparation and is on track for completion by the scheduled due date. 
1

Attachment 2

Report on Status of Public Petitions Under 10 CFR 2.206 with

 Decisions Pending Before the Commission and the Courts.

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

DELETED

<<<---NOT FOR EXTERNAL DISTRIBUTION--->>>
1

Attachment 3

AGE AND RESOURCE EXPENDITURES FOR AGENCY 2.206 OPEN PETITIONS

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DELETED

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2
PDII-2 DOCUMENT COVER PAGE

DOCUMENT NAME: 

J:\2206\1999\1999\PERSONALWEB\NRC\PUBLIC\2206\1999\June\ORIGINALS\edo199906.wpd

ORIGINATOR: Ram Subbaratnam

SECRETARY NAME: Doreen Turner

SUBJECT: Monthly Status Report for 2.206 Petitions- March 1999

*****ROUTING LIST*****

 NAME DATE

 1. E. Dunnington / /99

 2. R. Subbaratnam / /99

 3 H. Berkow / /99

 4. P. Goldberg, NMSS / /99

 5. S. Black/J.Zwolinski / /99

6. B. Sheron / /99

 7. .S. Collins / /99

 8. Secretary - Dispatch

CAN THIS DOCUMENT BE DELETED AFTER DISPATCH? yes_X__ no___