[Federal Register Volume 65, Number 70 (Tuesday, April 11, 2000)]
[Notices]
[Page 19398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8947]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-286]


Power Authority of the State of New York; Facility Operating 
License No. DPR-64 Receipt of Petition for Director's Decision Under 10 
CFR 2.206

    Notice is hereby given that by Petition dated March 14, 2000, Mr. 
David A. Lochbaum, on behalf of the Union of Concerned Scientists, the 
Nuclear Information & Resource Service, the PACE Law School Energy 
Project, and Public Citizen's Critical Mass Energy Project 
(Petitioners), has requested that the U.S. Nuclear Regulatory 
Commission (NRC) take action with regard to Indian Point Nuclear 
Generating Unit 2 (IP2), owned and operated by the Consolidated Edison 
Company of New York (the licensee). The Petitioner requested that the 
NRC issue an order to the licensee preventing the restart of IP2, or 
modify the licensee for IP2 to limit it to zero power, until (1) all 
four steam generators are replaced, (2) the steam generator tube 
integrity concerns identified in Dr. Joram Hopenfeld's differing 
professional opinion (DPO) and in Generic Safety Issue GSI-163 are 
resolved, and (3) potassium iodide tablets are distributed to residents 
and businesses within the 10-mile emergency planning zone (EPZ) or 
stockpiled in the vicinity of IP2. (The DPO process provides for the 
review of concerns raised by individual NRC employees who disagree with 
a position adopted by the NRC staff.)
    As the basis for the request that the NRC prevent the licensee from 
restarting IP2 until all four steam generators are replaced, the 
Petitioner states that IP2 is equipped with Westinghouse Model 44 steam 
generators and that all other operating power plants in the United 
States that were originally equipped with Westinghouse Model 44 steam 
generators have replaced them. The Petitioner also states that the IP2 
steam generators have had an average of 10 percent of their tubes 
removed from service and that many other tubes have crack indications.
    As the basis for the request that the NRC prevent the licensee from 
restarting IP2 until the DPO filed by Dr. Hopenfeld is resolved, the 
Petitioner states that the length of time that the staff has taken to 
resolve this issue has undermined the NRC's four stated objectives: (1) 
Maintain safety, (2) increase public confidence, (3) improve regulatory 
efficiency and effectiveness, and (4) reduce unnecessary regulatory 
burden. The Petitioner also cites Idaho National Engineering Laboratory 
findings that support Dr. Hopenfeld's opinion.
    As the basis for the request that the NRC prevent the licensee from 
restarting IP2 until potassium iodide tablets have been distributed to 
people and businesses within the 10-mile EPZ, the Petitioner states 
that the incident at IP2 demonstrated the potential for a more serious 
accident. The Petitioner also states that distributing potassium iodide 
tablets could reduce the consequences from a postulated accident.
    The request that the NRC prevent the licensee from restarting IP2 
until all four steam generators are replaced is being treated pursuant 
to 10 CFR 2.206 of the Commission's Regulations. The request has been 
referred to the Director of the Office of Nuclear Reactor Regulation. 
As provided by Section 2.206, appropriate action will be taken on this 
Petition within a reasonable time.
    The request that the NRC prevent the licensee from restarting IP2 
until the DPO filed by Dr. Hopenfeld is resolved and until potassium 
iodide tablets are distributed to people and businesses within the 10-
mile EPZ or stockpiled in the vicinity of IP2 is not being treated 
pursuant to 10 CFR 2.206 of the Commission's regulations and shall be 
handled by separate correspondence.
    A copy of the Petition is available for inspection at the 
Commission's Public Document Room, the Gelman Building, 2120 L Street 
NW., Washington, DC, and accessible electronically through the ADAMS 
Public Electronic Reading Room link at the NRC Web site (http://www/
nrc.gov).

    Dated at Rockville, Maryland, this 5th day of April 2000.

    For the Nuclear Regulatory Commission.
Roy P. Zimmerman,
Acting Director, Office of Nuclear Reactor Regulation.
[FR Doc. 00-8947 Filed 4-10-00; 8:45 am]
BILLING CODE 7590-01-M