[Federal Register Volume 67, Number 77 (Monday, April 22, 2002)]
[Notices]
[Pages 19598-19599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9732]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 72-12 AND 50-333; License No. DPR-59]


Entergy Nuclear Operations, Inc., James A. Fitzpatrick Nucelar 
Power Plant; Receipt of Request for Action Under 10 CFR 2.206

    Notice is hereby given that by petition dated February 21, 2002, 
Mr. Timothy Judson of the Citizens Awareness Network, et al. 
(petitioner) has requested that the Nuclear Regulatory Commission (NRC) 
take action with regard to Entergy's James A. FitzPatrick Interim Spent 
Fuel Storage Installation (ISFSI).
    The petitioner requests the following:
    1. That the NRC order Entergy to suspend the dry cask storage 
program at the FitzPatrick reactor.
    2. That the NRC require Entergy to:
     Demonstrate that the proposed fuel storage program 
presents no increased risks to the national security or worker or 
public health and safety beyond what is contemplated in the Certificate 
of Compliance and General License, pursuant to Sec. 72.212(4)-(5);
     Submit its proposed design changes for technical review in 
the form of a license amendment application and seek regulatory 
approval for them pursuant to Sec. 72.244;
     Evaluate its use of the HI-TRAC 100 transfer cask for 
ALARA standards, per part 50, Appendix I;
     Provide more substantial physical and structural 
protection of the irradiated fuel and ISFSI to satisfy the requirements 
of Secs. 73.51, 73.55; and
     Demonstrate the use of the HI-STORM 100 can satisfy these 
requirements at FitzPatrick, or demonstrate countervailing and 
compelling reasons to utilize the HI-STORM 100 at FitzPatrick, as 
opposed to any other casks certified by NRC.
    3. That all documents and information filed in relation to the 
selection of storage casks and the implementation of dry storage at 
FitzPatrick be put on the docket for public inspection.
    4. That the Petition Review Board submit this petition to the NRC's 
Office of the Inspector General (OIG) for

[[Page 19599]]

review of the Spent Fuel Project Office's compliance with regard to NRC 
regulations in terms of design changes, licensing, amendments, 
exemptions and ALARA in its permitting process relating to the use of 
dry cask storage at FitzPatrick. Additionally, that a review be 
conducted to determine whether NRC staff in the Spent Fuel Project 
Office are complicit or misguided in permitting design changes to these 
casks without submission of a license amendment.
    5. That the NRC conduct an investigation to determine whether 
Entergy has deliberately circumvented the appropriate technical and 
regulatory review required to protect worker and public health and 
safety and the environment.
    As the basis for this request, the petitioner states several safety 
concerns related to the design changes associated with the HI-STORM 100 
cask design, as well as safety concerns related to national security.
    The request 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 Material Safety and Safeguards. As provided by 
Sec. 2.206, appropriate action will be taken on this petition within a 
reasonable time. The petitioner participated in a telephone call with 
the Office of Nuclear Material Safety and Safeguards' Petition Review 
Board on March 29, 2002, to discuss the petition. The results of that 
discussion were considered in the Board's determination regarding the 
petitioner's request for immediate action and in establishing the 
schedule for review of the petition. By letter dated April 12, 2002, 
the Director denied the petitioner's request for immediate issuance of 
an order to suspend the dry cask storage program at the James A. 
FitzPatrick nuclear power plant. A copy of the petition is available 
for inspection in the Agencywide Documents Access and Management System 
(ADAMS), which provides text and image files of NRC's public documents. 
These documents may be accessed through the NRC's Public Electronic 
Reading Room on the Internet at http://www.nrc.gov/reading-rm/adams.html. If you do not have access to ADAMS or if there are problems 
in accessing the documents located in ADAMS, contact the NRC Public 
Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-4737 or 
by e-mail to [email protected].

    Dated at Rockville, Maryland, this 12th day of April, 2002.

    For the Nuclear Regulatory Commission.
Margaret V. Federline,
Deputy Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 02-9732 Filed 4-19-02; 8:45 am]
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