[Federal Register Volume 74, Number 108 (Monday, June 8, 2009)]
[Notices]
[Pages 27190-27191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13297]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-247 and 50-286; NRC-2008-0455; License Nos. DPR-26 and 
DPR-64]


Entergy Nuclear Operations, Inc.; Entergy Nuclear Indian Point 2, 
LLC; Entergy Nuclear Indian Point 3, LLC; Notice of Issuance of 
Director's Decision Under 10 CFR 2.206

    Notice is hereby given that the Director, Office of Nuclear Reactor 
Regulation, U.S. Nuclear Regulatory Commission (NRC or Commission) has 
issued a Director's Decision with regard to petitions filed by Mr. 
Sherwood Martinelli, hereinafter referred to as the ``Petitioner.'' The 
original petition, dated September 28, 2007, was amended by petition 
dated January 24, 2008. The NRC subsequently combined the above two 
petitions with a third petition dated March 30, 2008. The petitions 
were supplemented on December 21, 2007, and August 14, 2008, with 
transcripts of meetings between the NRC and the Petitioner. The 
petitions concern the operation of the Indian Point Nuclear Generating 
Unit Nos. 2 and 3 (Indian Point) owned by Entergy Nuclear Indian Point 
2, LLC and Entergy Nuclear Indian Point 3, LLC, respectively, and 
operated by Entergy Nuclear Operations, Inc. (Entergy).
    The petitions requested immediate suspension of the operating 
licenses for Indian Point Unit Nos. 2 and 3 and the imposition of daily 
civil penalties until the licensee implements a new emergency siren 
system with backup electrical power as required by the Energy Policy 
Act of 2005.
    As the basis for the September 28, 2007, request, the Petitioner 
expressed his belief that the emergency siren system is the first and 
best chance that citizens will have in protecting themselves and their 
families in the event of a terrorist attack and/or a significant 
radiological event at the Indian Point facility. The Petitioner noted 
that the Energy Policy Act of 2005 required that a backup electrical 
power supply be provided for the emergency siren system at Indian Point 
and that the licensee failed to meet successive implementation 
deadlines imposed by

[[Page 27191]]

the NRC for January 30, April 15, and August 24, 2007. The Petitioner 
requested that (1) the Indian Point facilities be shut down until such 
time as the new emergency siren system with backup electrical power is 
fully operational and has met all Federal Emergency Management Agency 
(FEMA) and NRC requirements and (2) Entergy be fined $130,000 per day 
from the date of his petition until Entergy complies with the NRC's 
Confirmatory Order dated January 31, 2006.
    As the basis for the January 24, 2008, request that amended the 
original petition, the Petitioner cited Entergy's lack of adequate 
maintenance and aging management procedures leading to the discovery of 
significant corrosion on components of the new emergency siren system. 
The Petitioner requested that (1) the Indian Point facilities be shut 
down, (2) the operating licenses for the Indian Point facilities be 
suspended until they are in full compliance with their design basis 
threat, current licensing basis, and all NRC rules and regulations, and 
(3) Entergy be fined $500,000 per day until the new siren system has 
been fully approved by all levels of government.
    As the basis for the March 30, 2008, request, the Petitioner citing 
numerous discharges of radiological and chemical carcinogens, both 
legal and illegal, over an extended period of time that continue to 
expose the Petitioner, his family, and pets to contaminants. The 
Petitioner again requested that the Indian Point facilities be shut 
down and remain shut down until a large number of actions are completed 
including implementation of the new emergency siren system that has 
received all government approvals.
    On December 21, 2007, and August 14, 2008, the Petitioner and the 
licensee met with the staff's Petition Review Board. The meetings gave 
the Petitioner and the licensee an opportunity to provide additional 
information and to clarify issues cited in the petition.
    The NRC sent a copy of the proposed Director's Decision to the 
Petitioner and to Entergy for comment on March 23, 2009. The staff did 
not receive any comments on the proposed Director's Decision.
    The Director of the Office of Nuclear Reactor Regulation denied the 
Petitioner's request to suspend the operating licenses of the Indian 
Point Nuclear Generating Unit Nos. 2 and 3 and the Petitioner's request 
to impose daily civil penalties for the untimely implementation of the 
new siren system. In addition, the Petitioner's request to place Indian 
Point Unit Nos. 2 and 3 in cold shutdown, and to suspend the licenses 
of Indian Point Unit Nos. 2 and 3 until the licensee comes into full 
compliance with the design basis threat, the current licensing basis 
and all NRC rules, because of corrosion in siren components, was also 
denied. The reasons for this decision are explained in the Director's 
Decision pursuant to Title 10 of Code of Federal Regulations (10 CFR) 
Section 2.206 [DD-09-01], the complete text of which is available in 
Agencywide documents Access and Management System (ADAMS) Accession No. 
ML091210629 for inspection at the Commission's Public Document Room, 
located at One White Flint North, Public File Area O1 F21, 11555 
Rockville Pike (first floor), Rockville, Maryland, and from the ADAMS 
Public Library component on the NRC's Web site, http://www.nrc.gov/reading-rm.html (the Public Electronic Reading Room).
    A copy of the Director's Decision will be filed with the Secretary 
of the Commission for the Commission's review in accordance with 10 CFR 
2.206 of the Commission's regulations. As provided for by this 
regulation, the Director's Decision will constitute the final action of 
the Commission 25 days after the date of the decision, unless the 
Commission, on its own motion, institutes a review of the director's 
decision in that time.

    Dated at Rockville, Maryland, this 29th day of May 2009.

    For the Nuclear Regulatory Commission.
Eric J. Leeds,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. E9-13297 Filed 6-5-09; 8:45 am]
BILLING CODE 7590-01-P