[Federal Register Volume 73, Number 37 (Monday, February 25, 2008)]
[Notices]
[Pages 10068-10069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3472]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-247 and 50-286; License Nos. DPR-26 and DPR-64]


Entergy Nuclear Operations, Inc., Entergy Nuclear Indian Point 2, 
LLC, Entergy Nuclear Indian Point 3, LLC, Indian Point Nuclear 
Generating Unit Nos. 2 and 3; Receipt of Request for Action Under 10 
CFR 2.206

    Notice is hereby given that by petition dated September 28, 2007, 
Mr. Sherwood Martinelli, representing Friends United for Sustainable 
Energy (Petitioner), has requested that the NRC (1) issue orders, 
effective immediately, to suspend the NRC licenses for the Indian Point 
Nuclear Generating Units 2 and 3 (Indian Point) until the new emergency 
notification siren system is fully approved by both the Federal 
Emergency Management Agency and the NRC and (2) fine Entergy Nuclear 
Operations (Entergy, or the licensee) $130,000 per day from the date of 
his petition (i.e., September 28, 2007) until Entergy complies with the 
NRC's Confirmatory Order of January 31, 2006, which requires the 
licensee to install backup power for the Indian Point siren system. On 
January 24, 2008, the Petitioner amended the petition citing concerns 
with recently discovered corrosion on sirens for the new emergency 
notification system. In the amended petition, the Petitioner requested 
that the NRC (1) issue an

[[Page 10069]]

order to immediately place both Indian Point Unit Nos. 2 and 3 in Cold 
Shutdown, (2) suspend Entergy's license to operate Indian Point Unit 
Nos. 2 and 3 until such time as they are in full compliance with their 
design basis threat, current licensing basis, and all NRC rules and 
regulations, and (3) fine Entergy on a daily basis for no less than 
$500,000 until such time as the sirens have been fully approved by all 
levels of government.
    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 Reactor Regulation (NRR). On November 1 and 
December 19, 2007, the Petitioner was informed in telephone calls that 
the request for immediate action for the original petition was denied. 
In addition, on January 30, 2008, the Petitioner was informed by 
electronic transmission that the request for immediate action for the 
amended petition was also denied. The Petitioner participated in a 
conference call with the NRR Petition Review Board (PRB) on December 
21, 2007, to discuss the petition. The additional information provided 
by the Petitioner was considered by the PRB before making its final 
recommendation. By letter dated February 12, 2008, the Director 
accepted for review, pursuant to 10 CFR 2.206, the Petitioner's 
concerns regarding (1) the licensee's failure to implement the new 
emergency notification siren system in a timely manner and (2) the 
recently identified corrosion found on sirens for the new emergency 
notification system. As provided by Section 2.206, appropriate action 
will be taken on this petition within a reasonable time.
    A copy of the petition and addenda can be located at Agencywide 
Documents Access and Management Systems Accession Nos. ML072760602 and 
ML080250075, respectively, and are available for inspection at the 
Commission's Public Document Room, located at One White Flint North, 
11555 Rockville Pike (first floor), Rockville, Maryland.

    Dated at Rockville, Maryland this 12th day of February 2008.

    For the Nuclear Regulatory Commission.
J. E. Dyer,
Director, Office of Nuclear Reactor Regulation.
 [FR Doc. E8-3472 Filed 2-22-08; 8:45 am]
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