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| issue date = 03/18/2009
| issue date = 03/18/2009
| title = G20080693/EDATS-Ltr-Martinelli Letter of Response to October 10, 2008 Email to Mr. Dale Klein, Chairman of NRC in Petition Request Pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.206
| title = G20080693/EDATS-Ltr-Martinelli Letter of Response to October 10, 2008 Email to Mr. Dale Klein, Chairman of NRC in Petition Request Pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.206
| author name = Blount T B
| author name = Blount T
| author affiliation = NRC/NRR/DPR
| author affiliation = NRC/NRR/DPR
| addressee name = Martinelli S
| addressee name = Martinelli S
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=Text=
=Text=
{{#Wiki_filter:March 18, 2009 Mr. Sherwood Martinelli 351 Dyckman Street Peekskill, NY 10566-4631  
{{#Wiki_filter:March 18, 2009 Mr. Sherwood Martinelli 351 Dyckman Street Peekskill, NY 10566-4631  


==Dear Mr. Martinelli:==
==Dear Mr. Martinelli:==
In an e-mail addressed to Mr. Dale E. Klein, Chairman of the U.S. Nuclear Regulatory Commission (NRC), dated October 10, 2008, you submitted a petition request pursuant to Title 10, Section 2.206, Requests for action under this subpart, of the Code of Federal Regulations (10 CFR 2.206), asking that enforcement action be taken against Indian Point Nuclear Generating Unit Nos. 2 and 3 (IP2 and IP3). Your petition requests that the NRC order the licensee, Entergy, to take an immediate accounting of the Indian Point decommissioning funds, to deposit adequate funds to cover shortfalls, and to suspend all operations at Indian Point until Entergy is in full compliance with NRC regulations on decommissioning funds. You also requested that the NRC take enforcement action to shut down IP2 and IP3 until the NRC staff can complete a full examination of the reactor vessel heads and reactor internals, and to keep IP2 and IP3 in cold shutdown until the reactor vessel head replacement tasks have been fully implemented. Your petition request was referred to the Office of Nuclear Reactor Regulations (NRRs) Petition Review Board (PRB) and is publicly available in the NRC's Agencywide Documents Access and Management System (ADAMS) under Accession No. ML082890290.
On October 30, 2008, the NRR petition manager for your petition request informed you that the PRBs initial recommendation was to not accept your petition for review. On February 25, 2009, you participated in a teleconference with the PRB. The transcript of that teleconference is enclosed. The PRB considered that discussion in its review of your petition request for immediate action and in deciding whether the petition request meets the criteria for acceptance under 10 CFR 2.206.
With regard to decommissioning funds, 10 CFR 50.75(f)(2) requires licensees to submit a report every 2 years (or annually if within 5 years of the end of the license, which now applies to IP2).
IP1, 2 and 3 submitted this report covering through the end of 2006 on March 29, 2007 (ADAMS Accession No. ML070950209) and again on May 8, 2008, in connection with the creation of a new holding company (ADAMS Accession No. ML081420032). The NRC reviewed these reports, and found that they show that the funds meet NRC requirements. Licensees are required to submit reports covering 2008 by March 31, 2009, and these reports will be publicly available. The NRC will review these reports and ensure that the decommissioning funds meet NRC requirements. Absent any specific facts on the value of the Indian Point funds, the PRB believes that the normal review cycle is sufficient to ensure that the funds meet NRC requirements.
With regard to reactor vessel welds and reactor vessel heads, the license for each plant prohibits operation with any leaks through any pressure boundary welds in the reactor coolant system (RCS), which includes the reactor vessels. The licenses for IP2 and IP3 are available in ADAMS (ADAMS Accession Nos. ML052720262 and ML052720273, respectively). In Appendix A of the license, Technical Specifications, Limiting Condition for Operation LCO 3.4.13 prohibits


In an e-mail addressed to Mr. Dale E. Klein, Chairman of the U.S. Nuclear Regulatory Commission (NRC), dated October 10, 2008, you submitted a petition request pursuant to Title 10, Section 2.206, "Requests for action under this subpart," of the Code of Federal Regulations (10 CFR 2.206), asking that enforcement action be taken against Indian Point Nuclear Generating Unit Nos. 2 and 3 (IP2 and IP3). Your petition requests that the NRC order the licensee, Entergy, to take an immediate accounting of the Indian Point decommissioning funds, to deposit adequate funds to cover shortfalls, and to suspend all operations at Indian Point until Entergy is in full compliance with NRC regulations on decommissioning funds. You also requested that the NRC take enforcement action to shut down IP2 and IP3 until the NRC staff can complete a full examination of the reactor vessel heads and reactor internals, and to keep IP2 and IP3 in cold shutdown until the reactor vessel head replacement tasks have been fully implemented. Your petition request was referred to the Office of Nuclear Reactor Regulation's (NRR's) Petition Review Board (PRB) and is publicly available in the NRC's Agencywide Documents Access and Management System (ADAMS) under Accession No. ML082890290.
S. Martinelli pressure boundary leakage. The NRC resident inspectors enforce this requirement. The PRB is not aware of any pressure boundary leakage (leakage through a nonisolable fault in an RCS component body, pipe wall, or vessel wall) at IP2 or IP3. Nor is the PRB aware of any failing welds in the RCS. It is common for licensees to be unable to inspect 100 percent of each weld because of interferences, and to request relief for this condition. This does not indicate a problem with the weld itself. Absent any specific facts on failing welds, the PRB believes that the NRC staff properly reviewed and approved the reliefs that were granted to IP2 and IP3, and that the NRC inspectors are enforcing the requirement to have no RCS pressure boundary leakage. The PRB is not aware of any degradation of the vessel heads that would put the units in violation of NRC requirements. The licensee periodically inspects the vessel heads and reports the condition to the NRC. The last reports for IP2 and IP3 are available in ADAMS (ADAMS Accession Nos. ML081790154 and ML071510185, respectively).
On October 30, 2008, the NRR petition manager for your petition request informed you that the PRB's initial recommendation was to not accept your petition for review. On February 25, 2009, you participated in a teleconference with the PRB. The transcript of that teleconference is enclosed. The PRB considered that discussion in its review of your petition request for immediate action and in deciding whether the petition request meets the criteria for acceptance under 10 CFR 2.206.
 
With regard to decommissioning funds, 10 CFR 50.75(f)(2) requires licensees to submit a report every 2 years (or annually if within 5 years of the end of the license, which now applies to IP2). IP1, 2 and 3 submitted this report covering through the end of 2006 on March 29, 2007 (ADAMS Accession No. ML070950209) and again on May 8, 2008, in connection with the creation of a new holding company (ADAMS Accession No. ML081420032). The NRC reviewed these reports, and found that they show that the funds meet NRC requirements. Licensees are required to submit reports covering 2008 by March 31, 2009, and these reports will be publicly available. The NRC will review these reports and ensure that the decommissioning funds meet NRC requirements. Absent any specific facts on the value of the Indian Point funds, the PRB believes that the normal review cycle is sufficient to ensure that the funds meet NRC requirements.
 
With regard to reactor vessel welds and reactor vessel heads, the license for each plant prohibits operation with any leaks through any pressure boundary welds in the reactor coolant system (RCS), which includes the reactor vessels. The licenses for IP2 and IP3 are available in ADAMS (ADAMS Accession Nos. ML052720262 and ML052720273, respectively). In Appendix A of the license, Technical Specifications, Limiting Condition for Operation LCO 3.4.13 prohibits S. Martinelli pressure boundary leakage. The NRC resident inspectors enforce this requirement. The PRB is not aware of any pressure boundary leakage (leakage through a nonisolable fault in an RCS component body, pipe wall, or vessel wall) at IP2 or IP3. Nor is the PRB aware of any failing welds in the RCS. It is common for licensees to be unable to inspect 100 percent of each weld because of interferences, and to request relief for this condition. This does not indicate a problem with the weld itself. Absent any specific facts on failing welds, the PRB believes that the NRC staff properly reviewed and approved the reliefs that were granted to IP2 and IP3, and that the NRC inspectors are enforcing the requirement to have no RCS pressure boundary leakage. The PRB is not aware of any degradation of the vessel heads that would put the units in violation of NRC requirements. The licensee periodically inspects the vessel heads and reports the condition to the NRC. The last reports for IP2 and IP3 are available in ADAMS (ADAMS Accession Nos. ML081790154 and ML071510185, respectively).
The PRB decided not to accept this petition for review, on either contention, as you have provided insufficient facts to constitute a basis for the enforcement actions or to demonstrate that a safety problem or hazardous conditions exist.
The PRB decided not to accept this petition for review, on either contention, as you have provided insufficient facts to constitute a basis for the enforcement actions or to demonstrate that a safety problem or hazardous conditions exist.
Thank you for your interest in these matters.
Thank you for your interest in these matters.
Sincerely,  
Sincerely,  
      /RA/         Thomas Blount, Deputy Director Division of Policy and Rulemaking       Office of Nuclear Reactor Regulation Docket Nos. 50-247 and 50-286  
/RA/
Thomas Blount, Deputy Director Division of Policy and Rulemaking Office of Nuclear Reactor Regulation Docket Nos. 50-247 and 50-286  


==Enclosure:==
==Enclosure:==
PRB Transcript dated February 25, 2009 cc w/encl: Distribution via Listserv
PRB Transcript dated February 25, 2009 cc w/encl: Distribution via Listserv  


S. Martinelli pressure boundary leakage. The NRC resident inspectors enforce this requirement. The PRB is not aware of any pressure boundary leakage (leakage through a nonisolable fault in an RCS component body, pipe wall, or vessel wall) at IP2 or IP3. Nor is the PRB aware of any failing welds in the RCS. It is common for licensees to be unable to inspect 100 percent of each weld because of interferences, and to request relief for this condition. This does not indicate a problem with the weld itself. Absent any specific facts on failing welds, the PRB believes that the NRC staff properly reviewed and approved the reliefs that were granted to IP2 and IP3, and that the NRC inspectors are enforcing the requirement to have no RCS pressure boundary leakage. The PRB is not aware of any degradation of the vessel heads that would put the units in violation of NRC requirements. The licensee periodically inspects the vessel heads and reports the condition to the NRC. The last reports for IP2 and IP3 are available in ADAMS (ADAMS Accession Nos. ML081790154 and ML071510185, respectively).
S. Martinelli pressure boundary leakage. The NRC resident inspectors enforce this requirement. The PRB is not aware of any pressure boundary leakage (leakage through a nonisolable fault in an RCS component body, pipe wall, or vessel wall) at IP2 or IP3. Nor is the PRB aware of any failing welds in the RCS. It is common for licensees to be unable to inspect 100 percent of each weld because of interferences, and to request relief for this condition. This does not indicate a problem with the weld itself. Absent any specific facts on failing welds, the PRB believes that the NRC staff properly reviewed and approved the reliefs that were granted to IP2 and IP3, and that the NRC inspectors are enforcing the requirement to have no RCS pressure boundary leakage. The PRB is not aware of any degradation of the vessel heads that would put the units in violation of NRC requirements. The licensee periodically inspects the vessel heads and reports the condition to the NRC. The last reports for IP2 and IP3 are available in ADAMS (ADAMS Accession Nos. ML081790154 and ML071510185, respectively).
Line 38: Line 39:
Thank you for your interest in these matters.
Thank you for your interest in these matters.
Sincerely,  
Sincerely,  
      /RA/       Thomas Blount, Deputy Director       Division of Policy and Rulemaking Office of Nuclear Reactor Regulation Docket Nos. 50-247 and 50-286  
/RA/
Thomas Blount, Deputy Director Division of Policy and Rulemaking Office of Nuclear Reactor Regulation Docket Nos. 50-247 and 50-286  


==Enclosure:==
==Enclosure:==
PRB Transcript dated February 25, 2009 cc w/encl: Distribution via Listserv DISTRIBUTION: G20080693/EDATS:OEDO-2008-0757 PUBLIC LPL1-1 R/F   RidsNrrDorl   RidsNrrDorlLpl1-1 RidsNrrPMJBoska RidsNrrLAABaxter RidsNrrMailCenter RidsNrrOd   RidsNrrAdes   RidNrrAdro TBlount, DPR   RidsOGCRp Resource RidsEDOMailCenter RidsOeMailCenter RidsOiMailCenter RidsOpaMail RidsRgn1MailCenter RidsOcaMailCenter TMcLellan MDusaniwskyj   TMensah   ARosebrook, RI JCollins   GLongo, OGC   RidsNrrWpcMail Package: ML090680196 Incoming: ML082890290 Letter: ML090680168 *via email OFFICE LPL1-1/GELPL1-1/PM LPL1-1/L ALPL1-1/BCTech Editor NAME JGall JBoska ABaxter MKowal KAzariah* DATE 3/6/09 3/18/09 3/17/09 3/17/09 3/17/09 OFFICE 2.206 CoordDPR
PRB Transcript dated February 25, 2009 cc w/encl: Distribution via Listserv DISTRIBUTION: G20080693/EDATS:OEDO-2008-0757 PUBLIC LPL1-1 R/F RidsNrrDorl RidsNrrDorlLpl1-1 RidsNrrPMJBoska RidsNrrLAABaxter RidsNrrMailCenter RidsNrrOd RidsNrrAdes RidNrrAdro TBlount, DPR RidsOGCRp Resource RidsEDOMailCenter RidsOeMailCenter RidsOiMailCenter RidsOpaMail RidsRgn1MailCenter RidsOcaMailCenter TMcLellan MDusaniwskyj TMensah ARosebrook, RI JCollins GLongo, OGC RidsNrrWpcMail Package: ML090680196 Incoming: ML082890290 Letter: ML090680168 *via email OFFICE LPL1-1/GE LPL1-1/PM LPL1-1/LA LPL1-1/BC Tech Editor NAME JGall JBoska ABaxter MKowal KAzariah*
/DD NAME TMensah* TBlount   DATE 3/18/09 3/18/09   Official Record Copy Official Transcript of Proceedings NUCLEAR REGULATORY COMMISSION
DATE 3/6/09 3/18/09 3/17/09 3/17/09 3/17/09 OFFICE 2.206 Coord DPR/DD NAME TMensah*
TBlount DATE 3/18/09 3/18/09 Official Record Copy


Title:  10 CFR 2.206 Petition on Indian Point Nuclear Plant    By Mr. Sherwood Martinelli
Official Transcript of Proceedings NUCLEAR REGULATORY COMMISSION


Docket Number: 50-247 AND 50-286  
==Title:==
10 CFR 2.206 Petition on Indian Point Nuclear Plant By Mr. Sherwood Martinelli Docket Number:
50-247 AND 50-286 Location:
Telephone Conference Date:
Wednesday, February 25, 2009 Work Order No.:
NRC-2697 Pages 1-16 Edited by John Boska, Petition Manager, Office of Nuclear Reactor Regulation (NRR)
NEAL R. GROSS AND CO., INC.
Court Reporters and Transcribers 1323 Rhode Island Avenue, N.W.
Washington, D.C. 20005 (202) 234-4433


Location:   Telephone Conference
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 1
UNITED STATES OF AMERICA 1
NUCLEAR REGULATORY COMMISSION 2
+ + + + +
3 NRR PETITION REVIEW BOARD (PRB) 4 CONFERENCE CALL 5
+ + + + +
6 WEDNESDAY 7
FEBRUARY 25, 2009 8
+ + + + +
9 10 CFR 2.206 PETITION ON INDIAN POINT NUCLEAR PLANT 10 BY MR. SHERWOOD MARTINELLI 11
+ + + + +
12 DOCKET NOS. 50-247 AND 50-286 13
+ + + + +
14 The conference call was held, Thomas B.
15 Blount, Petition Review Board Chairman, presiding.
16 NRC HEADQUARTERS STAFF:
17 THOMAS B. BLOUNT, Chairman, NRR PRB 18 JOHN P. BOSKA, NRR/Petition Manager 19 JAY W. COLLINS, NRR 20 TANYA M. MENSAH, NRR/Petition Coordinator 21 MICHAEL A. DUSANIWSKYJ, NRR 22 MARK G. KOWAL, NRR 23 THOMAS K. McLELLAN, NRR 24


Date:   Wednesday, February 25, 2009
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 2
JENNY M.
: LONGO, ESQ., NRC Office of General 1
Counsel 2
SHERI BONE, DOE, on rotation to NRR 3
PETITIONER:
4 SHERWOOD MARTINELLI 5
351 Dyckman Street 6
Peekskill, New York 10566 7
8 9
NRC REGION I STAFF:
10 ANDREW A. ROSEBROOK, REGION I 11 12 13 LICENSEE: INDIAN POINT (ENTERGY) 14 MICHAEL BURNEY 15 16


Work Order No.: NRC-2697 Pages 1-16  
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 3
P-R-O-C-E-E-D-I-N-G-S 1
1:03 p.m.
2 MR. BOSKA: Well, welcome Mr. Martinelli.
3 This is the meeting of the Petition Review Board to allow 4
you to discuss your petition with the Petition Review 5
Board. I'd like to thank everyone for attending this 6
meeting.
7 My name is John Boska and I'm the Indian Point 8
Project Manager and we're here today to allow the 9
Petitioner, Mr.
Sherwood Martinelli, to address the 10 Petition Review Board regarding his 2.206 Petition dated 11 October 10, 2008. I'm the Petition Manager for Mr.
12 Martinelli's petition and the Petition Review Board 13 Chairman is Mr. Tom Blount.
14 As part of the Petition Review Board's review 15 of this petition, Mr. Sherwood Martinelli has requested 16 this opportunity to address the PRB. This meeting is 17 scheduled from 1:00 p.m. until 2:00 p.m. The meeting is 18 being recorded by the NRC Operations Center and will be 19 transcribed by the court reporter. The transcript will 20 become a supplement to the petition and the transcript will 21 also be made publicly available.
22 I'd like to open this meeting with 23 introductions. As we go around the room, please be sure to 24


Edited by John Boska, Petition Manager, Office of Nuclear Reactor Regulation (NRR)
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 4
state your name, your position and the office you work for 1
within the NRC for the record. I'll start off.
2 I'm John Boska, the Indian Point Petition 3
Manager and I work in NRR.
4 MS. LONGO: My name is Jenny Longo. I'm a 5
Senior Attorney in the Office of the General Counsel.
6 MR. KOWAL: Mark Kowal. I'm a Branch Chief in 7
the Office of NRR.
8 MR. McLELLAN: Tom McLellan, I'm a Materials 9
Engineer, NRR.
10 MR. COLLINS: Jay Collins. I'm a Senior 11 Materials Engineer in the Office of NRR.
12 CHAIRMAN BLOUNT: Tom Blount. Deputy Director 13 for the Division of Policy and Rulemaking in NRR and also 14 PRB Chair.
15 MR.
BURNEY:
Mike
: Burney, Entergy 16 Representative in Licensing.
17 MS. BONE: I'm Sheri Bone. I'm Acting Deputy 18 Director in NRR.
19 MR.
DUSANIWSKYJ:
Michael Dusaniwskyj, 20 Economist, NRR.
21 MR. BOSKA: And that's the introductions from 22 NRC Headquarters. At this time, are there any NRC 23 participants from the regional office on the phone?
24


NEAL R. GROSS AND CO., INC. Court Reporters and Transcribers  1323 Rhode Island Avenue, N.W.
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
Washington, D.C. 20005 (202) 234-4433
(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 5
MR. ROSEBROOK: Yes, this is Andy Rosebrook, 1
Senior Project Engineer, Region 1, DRP.
2 MR. BOSKA: Okay. Thank you, Andy. And the 3
Licensee for Indian Point is Entergy. I heard someone 4
previously, but the representative from Entergy, would you 5
please introduce yourself?
6 MR. BURNEY: John, can you hear me?
7 MR. BOSKA: Yes.
8 MR. BURNEY: Mike Burney from Entergy, 9
Licensing Department.
10 MR. BOSKA: All right. Thank you, Mike.
11 We have another NRC participant. Tanya, are 12 you still with us?
13 MS. MENSAH: Yes, I am. Tanya Mensah, the 14 2.206 Coordinator.
15 MR. BOSKA: All right. Thank you. And, Mr.
16 Martinelli, would you please introduce yourself for the 17 record?
18 MR.
MARTINELLI:
Yes.
I'm Sherwood 19 Martinelli, disgruntled citizen, tired of the rubber 20 stamping and lies that the NRC routinely feeds us in the 21 stakeholder community and tired of meaningless public 22 participation that really doesn't get the attention it 23 deserves.
24


NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.  
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 1 UNITED STATES OF AMERICA 1 NUCLEAR REGULATORY COMMISSION 2 + + + + +
(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 6
3 NRR PETITION REVIEW BOARD (PRB) 4 CONFERENCE CALL 5 + + + + +
MR. BOSKA: Thank you, Mr. Martinelli. Are 1
6 WEDNESDAY 7 FEBRUARY 25, 2009 8 + + + + +
there any others on the phone that we haven't introduced 2
9 10 CFR 2.206 PETITION ON INDIAN POINT NUCLEAR PLANT 10 BY MR. SHERWOOD MARTINELLI 11 + + + + +
yet?
12 DOCKET NOS. 50-247 AND 50-286 13 + + + + +
3 (No verbal response.)
14  The conference call was held, Thomas B.
4 All right. I would like to emphasize that we 5
15 Blount, Petition Review Board Chairman, presiding.
need to each speak clearly and loudly to make sure the 6
16 NRC HEADQUARTERS STAFF:
court reporter can transcribe the meeting and, if you do 7
17  THOMAS B. BLOUNT, Chairman, NRR PRB 18  JOHN P. BOSKA, NRR/Petition Manager 19  JAY W. COLLINS, NRR 20  TANYA M. MENSAH, NRR/Petition Coordinator 21  MICHAEL A. DUSANIWSKYJ, NRR 22  MARK G. KOWAL, NRR 23  THOMAS K. McLELLAN, NRR 24 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS  1323 RHODE ISLAND AVE., N.W.
have something to say, please first state your name for the 8
(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 2 JENNY M. LONGO, ESQ., NRC Office of General 1  Counsel 2  SHERI BONE, DOE, on rotation to NRR 3 PETITIONER:
record. And at this time, I'll turn it over to the PRB 9
4  SHERWOOD MARTINELLI 5  351 Dyckman Street 6  Peekskill, New York 10566 7  8  9 NRC REGION I STAFF:
Chairman, Mr. Tom Blount.
10  ANDREW A. ROSEBROOK, REGION I 11  12  13 LICENSEE: INDIAN POINT (ENTERGY) 14  MICHAEL BURNEY 15 16 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS  1323 RHODE ISLAND AVE., N.W.
10 CHAIRMAN BLOUNT: Thank you. Good afternoon.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 3 P-R-O-C-E-E-D-I-N-G-S 1  1:03 p.m.
2  MR. BOSKA:  Well, welcome Mr. Martinelli.
3 This is the meeting of the Petition Review Board to allow 4 you to discuss your petition with the Petition Review 5 Board. I'd like to thank everyone for attending this 6 meeting. 7  My name is John Boska and I'm the Indian Point 8 Project Manager and we're here today to allow the 9 Petitioner, Mr. Sherwood Martinelli, to address the 10 Petition Review Board regarding his 2.206 Petition dated 11 October 10, 2008. I'm the Petition Manager for Mr.
12 Martinelli's petition and the Petition Review Board 13 Chairman is Mr. Tom Blount.
14  As part of the Petition Review Board's review 15 of this petition, Mr. Sherwood Martinelli has requested 16 this opportunity to address the PRB. This meeting is 17 scheduled from 1:00 p.m. until 2:00 p.m. The meeting is 18 being recorded by the NRC Operations Center and will be 19 transcribed by the court reporter. The transcript will 20 become a supplement to the petition and the transcript will 21 also be made publicly available.
22  I'd like to open this meeting with 23 introductions. As we go around the room, please be sure to 24 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS  1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 4state your name, your position and the office you work for 1 within the NRC for the record. I'll start off.
2  I'm John Boska, the Indian Point Petition 3 Manager and I work in NRR.
4  MS. LONGO:  My name is Jenny Longo. I'm a 5 Senior Attorney in the Office of the General Counsel.
6  MR. KOWAL:  Mark Kowal. I'm a Branch Chief in 7 the Office of NRR.
8  MR. McLELLAN:  Tom McLellan, I'm a Materials 9 Engineer, NRR.
10  MR. COLLINS:  Jay Collins. I'm a Senior 11 Materials Engineer in the Office of NRR.
12  CHAIRMAN BLOUNT:  Tom Blount. Deputy Director 13 for the Division of Policy and Rulemaking in NRR and also 14 PRB Chair.
15  MR. BURNEY:  Mike Burney, Entergy 16 Representative in Licensing.
17  MS. BONE:  I'm Sheri Bone. I'm Acting Deputy 18 Director in NRR.
19  MR. DUSANIWSKYJ:  Michael Dusaniwskyj, 20 Economist, NRR.
21  MR. BOSKA:  And that's the introductions from 22 NRC Headquarters. At this time, are there any NRC 23 participants from the regional office on the phone?
24 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS  1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 5  MR. ROSEBROOK:  Yes, this is Andy Rosebrook, 1 Senior Project Engineer, Region 1, DRP.
2  MR. BOSKA:  Okay. Thank you, Andy. And the 3 Licensee for Indian Point is Entergy. I heard someone 4 previously, but the representative from Entergy, would you 5 please introduce yourself?
6  MR. BURNEY:  John, can you hear me?
7  MR. BOSKA:  Yes.
8  MR. BURNEY:  Mike Burney from Entergy, 9 Licensing Department.
10  MR. BOSKA:  All right. Thank you, Mike.
11  We have another NRC participant. Tanya, are 12 you still with us?
13  MS. MENSAH:  Yes, I am. Tanya Mensah, the 14 2.206 Coordinator.
15  MR. BOSKA:  All right. Thank you. And, Mr.
16 Martinelli, would you please introduce yourself for the 17 record? 18  MR. MARTINELLI:  Yes. I'm Sherwood 19 Martinelli, disgruntled citizen, tired of the rubber 20 stamping and lies that the NRC routinely feeds us in the 21 stakeholder community and tired of meaningless public 22 participation that really doesn't get the attention it 23 deserves.
24 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS  1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 6  MR. BOSKA:  Thank you, Mr. Martinelli. Are 1 there any others on the phone that we haven't introduced 2 yet? 3   (No verbal response.)
4   All right. I would like to emphasize that we 5 need to each speak clearly and loudly to make sure the 6 court reporter can transcribe the meeting and, if you do 7 have something to say, please first state your name for the 8 record. And at this time, I'll turn it over to the PRB 9 Chairman, Mr. Tom Blount.
10   CHAIRMAN BLOUNT: Thank you. Good afternoon.
11 Welcome to the meeting regarding a 2.206 petition submitted 12 by Mr. Sherwood Martinelli. I'd like to first share some 13 background on the process.
11 Welcome to the meeting regarding a 2.206 petition submitted 12 by Mr. Sherwood Martinelli. I'd like to first share some 13 background on the process.
14   Section 2.206 of Title 10 of the Code of 15 Federal Regulations describes the petition process, the 16 primary mechanism for the public to request enforcement 17 action by the NRC in a public process.
14 Section 2.206 of Title 10 of the Code of 15 Federal Regulations describes the petition process, the 16 primary mechanism for the public to request enforcement 17 action by the NRC in a public process.
18   MR. MARTINELLI: That they never take.
18 MR. MARTINELLI: That they never take.
19   CHAIRMAN BLOUNT: This process permits anyone 20 to petition NRC to take enforcement type action related to 21 NRC licensees or licensed activities. Depending upon the 22 results of this evaluation, NRC could modify, suspend or 23 revoke an NRC-issued license or take any other appropriate 24 enforcement action to resolve a problem. The NRC staff's 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.  
19 CHAIRMAN BLOUNT: This process permits anyone 20 to petition NRC to take enforcement type action related to 21 NRC licensees or licensed activities. Depending upon the 22 results of this evaluation, NRC could modify, suspend or 23 revoke an NRC-issued license or take any other appropriate 24 enforcement action to resolve a problem. The NRC staffs 25  
(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 7guidance for the disposition of 2.206 petition requests is 1 in Management Directive 8.11 which is publicly available.
 
2   The purpose of today's meeting is to provide 3 the Petitioner, Mr. Martinelli, an opportunity to comment 4 on the Petition Review Board's initial recommendation and 5 to provide any relevant additional explanation and support 6 for that petition. This meeting is not a hearing nor is it 7 an opportunity for the Petitioner to examine the PRB on the 8 merits or the issues presented in the petition request. No 9 decisions regarding the merits of this petition will be 10 made at this meeting.
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
11   Following this meeting, the Petition Review 12 Board will conduct internal deliberations to determine if 13 there is a need to modify its initial recommendation. The 14 outcome of this internal meeting will be documented in a 15 letter to the Petitioner.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 7
16   The Petition Review Board typically consists 17 of a chairman, usually a manager at the Senior Executive 18 Service level at the NRC. It has a petition manager and a 19 PRB coordinator. Other members of the Board are determined 20 by the NRC staff based on the content of the information in 21 the petition request.
guidance for the disposition of 2.206 petition requests is 1
22   At this time, I would like to introduce the 23 Board. As previously noted, I am Tom Blount, the Petition 24 Review Board Chairman. John Boska is the Petition Manager 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.  
in Management Directive 8.11 which is publicly available.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 8for the petition under discussion today. Tanya Mensah is 1 the Office's PRB Coordinator. We have Michael Dusaniwskyj 2 from our Financial branch, Jay Collins and Tom McLellan 3 from our Technical branches on reactor vessel and pipe 4 integrity. From our regional office, we have Andrew 5 Rosebrook. We also obtain advice from our Office of 6 General Counsel represented by Jenny Longo.
2 The purpose of today's meeting is to provide 3
7   As described in our process, the NRC staff may 8 ask clarifying questions in order to better understand the 9 Petitioner's presentation and to reach a reasoned decision 10 whether to accept or reject the Petitioner's request for 11 review under the 2.206 process.
the Petitioner, Mr. Martinelli, an opportunity to comment 4
12   Entergy, the Licensee for Indian Point Nuclear 13 Plant, has been invited to the meeting and will be afforded 14 an opportunity to ask clarifying questions.
on the Petition Review Board's initial recommendation and 5
15   MR. MARTINELLI: Of which I won't answer.
to provide any relevant additional explanation and support 6
16   CHAIRMAN BLOUNT: For clarification, the 17 Licensee is not part of the decision making process for the 18 NRC's review of 2.206 petition. We invite the Licensee so 19 that they are aware of the request for action against their 20 facility and provide an opportunity to ask any questions so 21 that they may understand the details pertaining to their 22 facility.
for that petition. This meeting is not a hearing nor is it 7
23   I'd like to summarize the scope of this 24 petition under consideration and the NRC's activities to 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.  
an opportunity for the Petitioner to examine the PRB on the 8
(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 9date. On October 10, 2008, Mr. Martinelli submitted to the 1 NRC a petition under 2.206 regarding Indian Point Nuclear 2 Plant. In this petition request, Mr. Martinelli had two 3 areas of concern.
merits or the issues presented in the petition request. No 9
4   With respect to the plant decommissioning 5 funds, Mr. Martinelli stated that due to the recent 6 economic downturn that it is likely there was a significant 7 decrease in the decommissioning trust fund and Entergy may 8 be in violation of the NRC's regulation on decommissioning 9 funds. Mr. Martinelli asked the NRC to order Entergy to 10 provide an accounting of decommissioning funds within 14 11 days and to suspend plant operations if the decommissioning 12 funds are below the required value and are not restored in 13 30 business days.
decisions regarding the merits of this petition will be 10 made at this meeting.
14   Regarding area two, Mr. Martinelli's second 15 area of concern was based on a recent relief request by 16 Entergy on reactor coolant system weld inspections at 17 Indian Point 2. Entergy stated they could not achieve 100 18 percent coverage during volumetric examination of certain 19 welds and asked for the NRC to approve relief from the 20 required inspections. Mr. Martinelli stated that they are 21 hiding unsafe conditions and requested that the NRC shut 22 down both Unit 2 and Unit 3 until the NRC performs a full 23 and complete examination of the reactor vessel heads and 24 reactor internals.
11 Following this meeting, the Petition Review 12 Board will conduct internal deliberations to determine if 13 there is a need to modify its initial recommendation. The 14 outcome of this internal meeting will be documented in a 15 letter to the Petitioner.
25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.  
16 The Petition Review Board typically consists 17 of a chairman, usually a manager at the Senior Executive 18 Service level at the NRC. It has a petition manager and a 19 PRB coordinator. Other members of the Board are determined 20 by the NRC staff based on the content of the information in 21 the petition request.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 1 0  So allow me to discuss the NRC activities to 1 date. On October 30, 2008, the NRR Petition Review Board 2 discussed the petition using the acceptance criteria from 3 Management Directive 8.11. Based on the information 4 submitted in the petition, the PRB made an initial 5 recommendation not to accept the petition for review as 6 there were insufficient facts to constitute a basis for the 7 enforcement action or to demonstrate that a safety problem 8 or hazardous condition exists.
22 At this time, I would like to introduce the 23 Board. As previously noted, I am Tom Blount, the Petition 24 Review Board Chairman. John Boska is the Petition Manager 25  
9   Mr. Boska informed Mr. Martinelli of the PRB's 10 initial recommendation. Mr. Martinelli requested an 11 opportunity to discuss the petition with the PRB, but asked 12 for a delay until February 2009. The PRB granted the 13 request for a delay.
 
14   As a reminder for the phone participants 15 please --
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
16   MR. MARTINELLI: As a point of clarification, 17 I would like it pointed out that that delay was granted 18 based on my wife's medical issues that relate directly to 19 her breast cancer that was caused by Entergy's failing 20 reactors in Buchanan, New York.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 8
21   CHAIRMAN BLOUNT: We understand that the delay 22 was based on --
for the petition under discussion today. Tanya Mensah is 1
23   MR. MARTINELLI: I'm just asking that the 24 record is clarified and reflects the facts as they exist.
the Office's PRB Coordinator. We have Michael Dusaniwskyj 2
25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.  
from our Financial branch, Jay Collins and Tom McLellan 3
(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 1 1  CHAIRMAN BLOUNT: The record notes your 1 comment, Mr. Martinelli.
from our Technical branches on reactor vessel and pipe 4
2   MR. MARTINELLI: Thank you.
integrity. From our regional office, we have Andrew 5
3   CHAIRMAN BLOUNT: As a reminder for the phone 4 participants, please identify yourself if you make any 5 remarks as this will help us in the preparation of the 6 meeting transcript that will be made publicly available.
Rosebrook. We also obtain advice from our Office of 6
General Counsel represented by Jenny Longo.
7 As described in our process, the NRC staff may 8
ask clarifying questions in order to better understand the 9
Petitioner's presentation and to reach a reasoned decision 10 whether to accept or reject the Petitioner's request for 11 review under the 2.206 process.
12 Entergy, the Licensee for Indian Point Nuclear 13 Plant, has been invited to the meeting and will be afforded 14 an opportunity to ask clarifying questions.
15 MR. MARTINELLI: Of which I won't answer.
16 CHAIRMAN BLOUNT: For clarification, the 17 Licensee is not part of the decision making process for the 18 NRC's review of 2.206 petition. We invite the Licensee so 19 that they are aware of the request for action against their 20 facility and provide an opportunity to ask any questions so 21 that they may understand the details pertaining to their 22 facility.
23 I'd like to summarize the scope of this 24 petition under consideration and the NRC's activities to 25  
 
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 9
date. On October 10, 2008, Mr. Martinelli submitted to the 1
NRC a petition under 2.206 regarding Indian Point Nuclear 2
Plant. In this petition request, Mr. Martinelli had two 3
areas of concern.
4 With respect to the plant decommissioning 5
funds, Mr. Martinelli stated that due to the recent 6
economic downturn that it is likely there was a significant 7
decrease in the decommissioning trust fund and Entergy may 8
be in violation of the NRC's regulation on decommissioning 9
funds. Mr. Martinelli asked the NRC to order Entergy to 10 provide an accounting of decommissioning funds within 14 11 days and to suspend plant operations if the decommissioning 12 funds are below the required value and are not restored in 13 30 business days.
14 Regarding area two, Mr. Martinelli's second 15 area of concern was based on a recent relief request by 16 Entergy on reactor coolant system weld inspections at 17 Indian Point 2. Entergy stated they could not achieve 100 18 percent coverage during volumetric examination of certain 19 welds and asked for the NRC to approve relief from the 20 required inspections. Mr. Martinelli stated that they are 21 hiding unsafe conditions and requested that the NRC shut 22 down both Unit 2 and Unit 3 until the NRC performs a full 23 and complete examination of the reactor vessel heads and 24 reactor internals.
25  
 
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 10 So allow me to discuss the NRC activities to 1
date. On October 30, 2008, the NRR Petition Review Board 2
discussed the petition using the acceptance criteria from 3
Management Directive 8.11. Based on the information 4
submitted in the petition, the PRB made an initial 5
recommendation not to accept the petition for review as 6
there were insufficient facts to constitute a basis for the 7
enforcement action or to demonstrate that a safety problem 8
or hazardous condition exists.
9 Mr. Boska informed Mr. Martinelli of the PRB's 10 initial recommendation. Mr. Martinelli requested an 11 opportunity to discuss the petition with the PRB, but asked 12 for a delay until February 2009. The PRB granted the 13 request for a delay.
14 As a reminder for the phone participants 15 please --
16 MR. MARTINELLI: As a point of clarification, 17 I would like it pointed out that that delay was granted 18 based on my wife's medical issues that relate directly to 19 her breast cancer that was caused by Entergy's failing 20 reactors in Buchanan, New York.
21 CHAIRMAN BLOUNT: We understand that the delay 22 was based on --
23 MR. MARTINELLI: I'm just asking that the 24 record is clarified and reflects the facts as they exist.
25  
 
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 11 CHAIRMAN BLOUNT: The record notes your 1
comment, Mr. Martinelli.
2 MR. MARTINELLI: Thank you.
3 CHAIRMAN BLOUNT: As a reminder for the phone 4
participants, please identify yourself if you make any 5
remarks as this will help us in the preparation of the 6
meeting transcript that will be made publicly available.
7 Thank you.
7 Thank you.
8   Mr. Martinelli, I'll turn the conversation 9 over to you to allow you to provide any additional 10 information you believe the PRB should consider as part of 11 your petition.
8 Mr. Martinelli, I'll turn the conversation 9
12   MR. MARTINELLI: Well, on the first part on 13 the financial issues, you people are going to do whatever 14 it is that you want to do. I only have two words in 15 regards to the first part. Citibank. Thank you. End of 16 the discussion of Part 1.
over to you to allow you to provide any additional 10 information you believe the PRB should consider as part of 11 your petition.
17   Okay. Part 2, I've been through your song and 18 dance before. I know the way it works. I have brought up, 19 for instance, in previous filings and in previous phone 20 calls to the NRC as example, okay, Entergy's efforts to 21 deliberately hide boric acid appearances on the reactor 22 vessel heads at Indian Point.
12 MR. MARTINELLI: Well, on the first part on 13 the financial issues, you people are going to do whatever 14 it is that you want to do. I only have two words in 15 regards to the first part. Citibank. Thank you. End of 16 the discussion of Part 1.
23   I'm not a scientist. I don't have access to 24 the Indian Point facility. They promised that members of 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.  
17 Okay. Part 2, I've been through your song and 18 dance before. I know the way it works. I have brought up, 19 for instance, in previous filings and in previous phone 20 calls to the NRC as example, okay, Entergy's efforts to 21 deliberately hide boric acid appearances on the reactor 22 vessel heads at Indian Point.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 1 2the public could arrange to tour their facility and look at 1 the issues any time we wanted. They made that promise at 2 the first licensing renewal meeting that was held and then 3 immediately withdrew that offer when myself and members of 4 FUSE USA attempted to avail ourselves of the offer that 5 they made publicly and it is on the NRC's record for that 6 meeting. 7   That being said, we have our sources, our 8 people. All I'm going to suggest is that before you turn 9 my petition down, okay, that (1) you look at known previous 10 and past, as one example, boron leakage issues, at IP2 and 11 IP3 and those leakage issues have occurred and been so 12 notated in the NRC's records, okay, in numerous years 13 including 2005, 2006 and 2007.
23 I'm not a scientist. I don't have access to 24 the Indian Point facility. They promised that members of 25  
14   I also would strongly suggest that you look at 15 the fact as was uncovered and proved by my organization 16 that the NRC, or not the NRC but Entergy, does have on 17 order, okay, two reactor vessel heads, okay, and does have 18 replacement activity, refurbishment activities, that they 19 claim in their license renewal application, there are no 20 refurbishment issues with Indian Point in the license 21 renewal even though they're planning on replacing these 22 reactor vessel heads and annealing them in place at the 23 site. 24 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.  
 
(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 1 3  But my point is you take the known boric acid 1 issue, leak, okay, including, okay, boric acid leaks at 2 Indian Point, okay, that are sitting here, not just with 3 their tanks. We're talking boric acid leakage that has 4 been noted at the coolant boundary as one example, okay, 5 boric acid sites on the tops of the vessel heads. Remember 6 Betsy Davis [means Davis- Besse] and then you tell me I'm 7 stupid and I don't know shit and dismiss, okay, my 8 allegations without even giving them a say.
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
9   You do whatever the fuck you want. Thank you 10 and have a nice day. Any questions?
(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 12 the public could arrange to tour their facility and look at 1
11   CHAIRMAN BLOUNT: Well, this is Tom Blount.
the issues any time we wanted. They made that promise at 2
the first licensing renewal meeting that was held and then 3
immediately withdrew that offer when myself and members of 4
FUSE USA attempted to avail ourselves of the offer that 5
they made publicly and it is on the NRC's record for that 6
meeting.
7 That being said, we have our sources, our 8
people. All I'm going to suggest is that before you turn 9
my petition down, okay, that (1) you look at known previous 10 and past, as one example, boron leakage issues, at IP2 and 11 IP3 and those leakage issues have occurred and been so 12 notated in the NRC's records, okay, in numerous years 13 including 2005, 2006 and 2007.
14 I also would strongly suggest that you look at 15 the fact as was uncovered and proved by my organization 16 that the NRC, or not the NRC but Entergy, does have on 17 order, okay, two reactor vessel heads, okay, and does have 18 replacement activity, refurbishment activities, that they 19 claim in their license renewal application, there are no 20 refurbishment issues with Indian Point in the license 21 renewal even though they're planning on replacing these 22 reactor vessel heads and annealing them in place at the 23 site.
24  
 
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 13 But my point is you take the known boric acid 1
issue, leak, okay, including, okay, boric acid leaks at 2
Indian Point, okay, that are sitting here, not just with 3
their tanks. We're talking boric acid leakage that has 4
been noted at the coolant boundary as one example, okay, 5
boric acid sites on the tops of the vessel heads. Remember 6
Betsy Davis [means Davis-Besse] and then you tell me I'm 7
stupid and I don't know shit and dismiss, okay, my 8
allegations without even giving them a say.
9 You do whatever the fuck you want. Thank you 10 and have a nice day. Any questions?
11 CHAIRMAN BLOUNT: Well, this is Tom Blount.
12 First of all, while we appreciate your interest and 13 concern, I'd ask you to refrain from some of the colorful 14 language--
12 First of all, while we appreciate your interest and 13 concern, I'd ask you to refrain from some of the colorful 14 language--
15   MR. MARTINELLI: You people have killed my 16 wife. You've given her a death sentence.
15 MR. MARTINELLI: You people have killed my 16 wife. You've given her a death sentence.
17   CHAIRMAN BLOUNT: Understand.
17 CHAIRMAN BLOUNT: Understand.
18   MR. MARTINELLI: Any further questions?
18 MR. MARTINELLI: Any further questions?
19   CHAIRMAN BLOUNT: Well, thank you. At this 20 time, does the staff have any questions for Mr. Martinelli?
19 CHAIRMAN BLOUNT: Well, thank you. At this 20 time, does the staff have any questions for Mr. Martinelli?
21   MR. COLLINS: This is Jay Collins, Senior 22 Materials Engineer. In your discussion, you identify that 23 you had sources or additional information of boric acid 24 being identified on the top of the head for Indian Point.
21 MR. COLLINS: This is Jay Collins, Senior 22 Materials Engineer. In your discussion, you identify that 23 you had sources or additional information of boric acid 24 being identified on the top of the head for Indian Point.
25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.  
25  
(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 1 4  MR. MARTINELLI: What I said was we have our 1 sources. Now unfortunately the problem is the NRC puts 2 citizen action groups in a really envious decision. Okay.
 
3 We can either take and identify our moles inside of Indian 4 Point Entergy's plant where Entergy will then take 5 instantaneous, retaliatory measures, because we've seen NRC 6 and the Federal Government have an absolute deplorable 7 record when it comes to how they treat whistleblowers. Or 8 if we don't give up the name, okay, you people dismiss our 9 claims. Like I said, do what you want. I'm not giving up 10 the names.
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
11   CHAIRMAN BLOUNT: Anyone else here at 12 Headquarters have --
(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 14 MR. MARTINELLI: What I said was we have our 1
13   MR. MARTINELLI: When you people have another 14 Davis-Besse on your hands, I will sit back and laugh and 15 say, "I told you so" and tell the press to go back and look 16 up today's meeting.
sources. Now unfortunately the problem is the NRC puts 2
17   CHAIRMAN BLOUNT: Anyone from the regions have 18 any questions?
citizen action groups in a really envious decision. Okay.
19   MR. ROSEBROOK: No questions.
3 We can either take and identify our moles inside of Indian 4
20   CHAIRMAN BLOUNT: Any questions from the 21 Licensee?
Point Entergy's plant where Entergy will then take 5
22   MR. MARTINELLI: Don't bother asking. I won't 23 answer their questions.
instantaneous, retaliatory measures, because we've seen NRC 6
24   MR. BURNEY: No questions.
and the Federal Government have an absolute deplorable 7
25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.  
record when it comes to how they treat whistleblowers. Or 8
(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 1 5  CHAIRMAN BLOUNT: Are there any members of the 1 public that have an interest?
if we don't give up the name, okay, you people dismiss our 9
2   Mr. Martinelli, do you have any final 3 comments?
claims. Like I said, do what you want. I'm not giving up 10 the names.
4   MR. MARTINELLI: You have my very succinct, 5 very angry, very pointed information. You people do what 6 you want. I know for a fact that they're seriously and 7 serious issues with both reactor heads and with both 8 reactor cooling cores and, in fact, which I've told you 9 before the one test that Entergy has to pass or the NRC 10 cannot relicense their reactors period in the discussion 11 they cheated on and I've brought that to your attention as 12 well. 13   So you people do what you want. I don't care 14 anymore. You've already given my wife a death sentence.
11 CHAIRMAN BLOUNT:
15   CHAIRMAN BLOUNT: Mr. Martinelli, I'd like to 16 thank you for your time. We appreciate you providing 17 clarifying information on your petition. If there are no 18 further questions, with that, I'd like to conclude the 19 meeting.
Anyone else here at 12 Headquarters have --
20   Again, Mr. Martinelli, thank you very much.
13 MR. MARTINELLI: When you people have another 14 Davis-Besse on your hands, I will sit back and laugh and 15 say, "I told you so" and tell the press to go back and look 16 up today's meeting.
21   MR. MARTINELLI: Thank you.
17 CHAIRMAN BLOUNT: Anyone from the regions have 18 any questions?
22   CHAIRMAN BLOUNT: Regions, thank you. Tanya, 23 thank you. And other people on the line, have a nice day.
19 MR. ROSEBROOK: No questions.
24 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.  
20 CHAIRMAN BLOUNT: Any questions from the 21 Licensee?
(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 1 6  (Whereupon, at 1:21 p.m., the above-entitled 1 matter was concluded.)
22 MR. MARTINELLI: Don't bother asking. I won't 23 answer their questions.
2 3 4 5 6}}
24 MR. BURNEY: No questions.
25  
 
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 15 CHAIRMAN BLOUNT: Are there any members of the 1
public that have an interest?
2 Mr.
Martinelli, do you have any final 3
comments?
4 MR. MARTINELLI: You have my very succinct, 5
very angry, very pointed information. You people do what 6
you want. I know for a fact that they're seriously and 7
serious issues with both reactor heads and with both 8
reactor cooling cores and, in fact, which I've told you 9
before the one test that Entergy has to pass or the NRC 10 cannot relicense their reactors period in the discussion 11 they cheated on and I've brought that to your attention as 12 well.
13 So you people do what you want. I don't care 14 anymore. You've already given my wife a death sentence.
15 CHAIRMAN BLOUNT: Mr. Martinelli, I'd like to 16 thank you for your time. We appreciate you providing 17 clarifying information on your petition. If there are no 18 further questions, with that, I'd like to conclude the 19 meeting.
20 Again, Mr. Martinelli, thank you very much.
21 MR. MARTINELLI: Thank you.
22 CHAIRMAN BLOUNT: Regions, thank you. Tanya, 23 thank you. And other people on the line, have a nice day.
24  
 
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 16 (Whereupon, at 1:21 p.m., the above-entitled 1
matter was concluded.)
2 3
4 5
6}}

Latest revision as of 12:56, 14 January 2025

G20080693/EDATS-Ltr-Martinelli Letter of Response to October 10, 2008 Email to Mr. Dale Klein, Chairman of NRC in Petition Request Pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.206
ML090680168
Person / Time
Site: Indian Point  Entergy icon.png
Issue date: 03/18/2009
From: Blount T
Division of Policy and Rulemaking
To: Martinelli S
- No Known Affiliation
gall j nrr/dorl/lpl1-1 415-3253
References
G20080693, NRC-2697
Download: ML090680168 (20)
v • d • e


Text

March 18, 2009 Mr. Sherwood Martinelli 351 Dyckman Street Peekskill, NY 10566-4631

Dear Mr. Martinelli:

In an e-mail addressed to Mr. Dale E. Klein, Chairman of the U.S. Nuclear Regulatory Commission (NRC), dated October 10, 2008, you submitted a petition request pursuant to Title 10, Section 2.206, Requests for action under this subpart, of the Code of Federal Regulations (10 CFR 2.206), asking that enforcement action be taken against Indian Point Nuclear Generating Unit Nos. 2 and 3 (IP2 and IP3). Your petition requests that the NRC order the licensee, Entergy, to take an immediate accounting of the Indian Point decommissioning funds, to deposit adequate funds to cover shortfalls, and to suspend all operations at Indian Point until Entergy is in full compliance with NRC regulations on decommissioning funds. You also requested that the NRC take enforcement action to shut down IP2 and IP3 until the NRC staff can complete a full examination of the reactor vessel heads and reactor internals, and to keep IP2 and IP3 in cold shutdown until the reactor vessel head replacement tasks have been fully implemented. Your petition request was referred to the Office of Nuclear Reactor Regulations (NRRs) Petition Review Board (PRB) and is publicly available in the NRC's Agencywide Documents Access and Management System (ADAMS) under Accession No. ML082890290.

On October 30, 2008, the NRR petition manager for your petition request informed you that the PRBs initial recommendation was to not accept your petition for review. On February 25, 2009, you participated in a teleconference with the PRB. The transcript of that teleconference is enclosed. The PRB considered that discussion in its review of your petition request for immediate action and in deciding whether the petition request meets the criteria for acceptance under 10 CFR 2.206.

With regard to decommissioning funds, 10 CFR 50.75(f)(2) requires licensees to submit a report every 2 years (or annually if within 5 years of the end of the license, which now applies to IP2).

IP1, 2 and 3 submitted this report covering through the end of 2006 on March 29, 2007 (ADAMS Accession No. ML070950209) and again on May 8, 2008, in connection with the creation of a new holding company (ADAMS Accession No. ML081420032). The NRC reviewed these reports, and found that they show that the funds meet NRC requirements. Licensees are required to submit reports covering 2008 by March 31, 2009, and these reports will be publicly available. The NRC will review these reports and ensure that the decommissioning funds meet NRC requirements. Absent any specific facts on the value of the Indian Point funds, the PRB believes that the normal review cycle is sufficient to ensure that the funds meet NRC requirements.

With regard to reactor vessel welds and reactor vessel heads, the license for each plant prohibits operation with any leaks through any pressure boundary welds in the reactor coolant system (RCS), which includes the reactor vessels. The licenses for IP2 and IP3 are available in ADAMS (ADAMS Accession Nos. ML052720262 and ML052720273, respectively). In Appendix A of the license, Technical Specifications, Limiting Condition for Operation LCO 3.4.13 prohibits

S. Martinelli pressure boundary leakage. The NRC resident inspectors enforce this requirement. The PRB is not aware of any pressure boundary leakage (leakage through a nonisolable fault in an RCS component body, pipe wall, or vessel wall) at IP2 or IP3. Nor is the PRB aware of any failing welds in the RCS. It is common for licensees to be unable to inspect 100 percent of each weld because of interferences, and to request relief for this condition. This does not indicate a problem with the weld itself. Absent any specific facts on failing welds, the PRB believes that the NRC staff properly reviewed and approved the reliefs that were granted to IP2 and IP3, and that the NRC inspectors are enforcing the requirement to have no RCS pressure boundary leakage. The PRB is not aware of any degradation of the vessel heads that would put the units in violation of NRC requirements. The licensee periodically inspects the vessel heads and reports the condition to the NRC. The last reports for IP2 and IP3 are available in ADAMS (ADAMS Accession Nos. ML081790154 and ML071510185, respectively).

The PRB decided not to accept this petition for review, on either contention, as you have provided insufficient facts to constitute a basis for the enforcement actions or to demonstrate that a safety problem or hazardous conditions exist.

Thank you for your interest in these matters.

Sincerely,

/RA/

Thomas Blount, Deputy Director Division of Policy and Rulemaking Office of Nuclear Reactor Regulation Docket Nos. 50-247 and 50-286

Enclosure:

PRB Transcript dated February 25, 2009 cc w/encl: Distribution via Listserv

S. Martinelli pressure boundary leakage. The NRC resident inspectors enforce this requirement. The PRB is not aware of any pressure boundary leakage (leakage through a nonisolable fault in an RCS component body, pipe wall, or vessel wall) at IP2 or IP3. Nor is the PRB aware of any failing welds in the RCS. It is common for licensees to be unable to inspect 100 percent of each weld because of interferences, and to request relief for this condition. This does not indicate a problem with the weld itself. Absent any specific facts on failing welds, the PRB believes that the NRC staff properly reviewed and approved the reliefs that were granted to IP2 and IP3, and that the NRC inspectors are enforcing the requirement to have no RCS pressure boundary leakage. The PRB is not aware of any degradation of the vessel heads that would put the units in violation of NRC requirements. The licensee periodically inspects the vessel heads and reports the condition to the NRC. The last reports for IP2 and IP3 are available in ADAMS (ADAMS Accession Nos. ML081790154 and ML071510185, respectively).

The PRB decided not to accept this petition for review, on either contention, as you have provided insufficient facts to constitute a basis for the enforcement actions or to demonstrate that a safety problem or hazardous conditions exist.

Thank you for your interest in these matters.

Sincerely,

/RA/

Thomas Blount, Deputy Director Division of Policy and Rulemaking Office of Nuclear Reactor Regulation Docket Nos. 50-247 and 50-286

Enclosure:

PRB Transcript dated February 25, 2009 cc w/encl: Distribution via Listserv DISTRIBUTION: G20080693/EDATS:OEDO-2008-0757 PUBLIC LPL1-1 R/F RidsNrrDorl RidsNrrDorlLpl1-1 RidsNrrPMJBoska RidsNrrLAABaxter RidsNrrMailCenter RidsNrrOd RidsNrrAdes RidNrrAdro TBlount, DPR RidsOGCRp Resource RidsEDOMailCenter RidsOeMailCenter RidsOiMailCenter RidsOpaMail RidsRgn1MailCenter RidsOcaMailCenter TMcLellan MDusaniwskyj TMensah ARosebrook, RI JCollins GLongo, OGC RidsNrrWpcMail Package: ML090680196 Incoming: ML082890290 Letter: ML090680168 *via email OFFICE LPL1-1/GE LPL1-1/PM LPL1-1/LA LPL1-1/BC Tech Editor NAME JGall JBoska ABaxter MKowal KAzariah*

DATE 3/6/09 3/18/09 3/17/09 3/17/09 3/17/09 OFFICE 2.206 Coord DPR/DD NAME TMensah*

TBlount DATE 3/18/09 3/18/09 Official Record Copy

Official Transcript of Proceedings NUCLEAR REGULATORY COMMISSION

Title:

10 CFR 2.206 Petition on Indian Point Nuclear Plant By Mr. Sherwood Martinelli Docket Number:

50-247 AND 50-286 Location:

Telephone Conference Date:

Wednesday, February 25, 2009 Work Order No.:

NRC-2697 Pages 1-16 Edited by John Boska, Petition Manager, Office of Nuclear Reactor Regulation (NRR)

NEAL R. GROSS AND CO., INC.

Court Reporters and Transcribers 1323 Rhode Island Avenue, N.W.

Washington, D.C. 20005 (202) 234-4433

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 1

UNITED STATES OF AMERICA 1

NUCLEAR REGULATORY COMMISSION 2

+ + + + +

3 NRR PETITION REVIEW BOARD (PRB) 4 CONFERENCE CALL 5

+ + + + +

6 WEDNESDAY 7

FEBRUARY 25, 2009 8

+ + + + +

9 10 CFR 2.206 PETITION ON INDIAN POINT NUCLEAR PLANT 10 BY MR. SHERWOOD MARTINELLI 11

+ + + + +

12 DOCKET NOS. 50-247 AND 50-286 13

+ + + + +

14 The conference call was held, Thomas B.

15 Blount, Petition Review Board Chairman, presiding.

16 NRC HEADQUARTERS STAFF:

17 THOMAS B. BLOUNT, Chairman, NRR PRB 18 JOHN P. BOSKA, NRR/Petition Manager 19 JAY W. COLLINS, NRR 20 TANYA M. MENSAH, NRR/Petition Coordinator 21 MICHAEL A. DUSANIWSKYJ, NRR 22 MARK G. KOWAL, NRR 23 THOMAS K. McLELLAN, NRR 24

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(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 2

JENNY M.

LONGO, ESQ., NRC Office of General 1

Counsel 2

SHERI BONE, DOE, on rotation to NRR 3

PETITIONER:

4 SHERWOOD MARTINELLI 5

351 Dyckman Street 6

Peekskill, New York 10566 7

8 9

NRC REGION I STAFF:

10 ANDREW A. ROSEBROOK, REGION I 11 12 13 LICENSEE: INDIAN POINT (ENTERGY) 14 MICHAEL BURNEY 15 16

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(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 3

P-R-O-C-E-E-D-I-N-G-S 1

1:03 p.m.

2 MR. BOSKA: Well, welcome Mr. Martinelli.

3 This is the meeting of the Petition Review Board to allow 4

you to discuss your petition with the Petition Review 5

Board. I'd like to thank everyone for attending this 6

meeting.

7 My name is John Boska and I'm the Indian Point 8

Project Manager and we're here today to allow the 9

Petitioner, Mr.

Sherwood Martinelli, to address the 10 Petition Review Board regarding his 2.206 Petition dated 11 October 10, 2008. I'm the Petition Manager for Mr.

12 Martinelli's petition and the Petition Review Board 13 Chairman is Mr. Tom Blount.

14 As part of the Petition Review Board's review 15 of this petition, Mr. Sherwood Martinelli has requested 16 this opportunity to address the PRB. This meeting is 17 scheduled from 1:00 p.m. until 2:00 p.m. The meeting is 18 being recorded by the NRC Operations Center and will be 19 transcribed by the court reporter. The transcript will 20 become a supplement to the petition and the transcript will 21 also be made publicly available.

22 I'd like to open this meeting with 23 introductions. As we go around the room, please be sure to 24

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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state your name, your position and the office you work for 1

within the NRC for the record. I'll start off.

2 I'm John Boska, the Indian Point Petition 3

Manager and I work in NRR.

4 MS. LONGO: My name is Jenny Longo. I'm a 5

Senior Attorney in the Office of the General Counsel.

6 MR. KOWAL: Mark Kowal. I'm a Branch Chief in 7

the Office of NRR.

8 MR. McLELLAN: Tom McLellan, I'm a Materials 9

Engineer, NRR.

10 MR. COLLINS: Jay Collins. I'm a Senior 11 Materials Engineer in the Office of NRR.

12 CHAIRMAN BLOUNT: Tom Blount. Deputy Director 13 for the Division of Policy and Rulemaking in NRR and also 14 PRB Chair.

15 MR.

BURNEY:

Mike

Burney, Entergy 16 Representative in Licensing.

17 MS. BONE: I'm Sheri Bone. I'm Acting Deputy 18 Director in NRR.

19 MR.

DUSANIWSKYJ:

Michael Dusaniwskyj, 20 Economist, NRR.

21 MR. BOSKA: And that's the introductions from 22 NRC Headquarters. At this time, are there any NRC 23 participants from the regional office on the phone?

24

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MR. ROSEBROOK: Yes, this is Andy Rosebrook, 1

Senior Project Engineer, Region 1, DRP.

2 MR. BOSKA: Okay. Thank you, Andy. And the 3

Licensee for Indian Point is Entergy. I heard someone 4

previously, but the representative from Entergy, would you 5

please introduce yourself?

6 MR. BURNEY: John, can you hear me?

7 MR. BOSKA: Yes.

8 MR. BURNEY: Mike Burney from Entergy, 9

Licensing Department.

10 MR. BOSKA: All right. Thank you, Mike.

11 We have another NRC participant. Tanya, are 12 you still with us?

13 MS. MENSAH: Yes, I am. Tanya Mensah, the 14 2.206 Coordinator.

15 MR. BOSKA: All right. Thank you. And, Mr.

16 Martinelli, would you please introduce yourself for the 17 record?

18 MR.

MARTINELLI:

Yes.

I'm Sherwood 19 Martinelli, disgruntled citizen, tired of the rubber 20 stamping and lies that the NRC routinely feeds us in the 21 stakeholder community and tired of meaningless public 22 participation that really doesn't get the attention it 23 deserves.

24

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MR. BOSKA: Thank you, Mr. Martinelli. Are 1

there any others on the phone that we haven't introduced 2

yet?

3 (No verbal response.)

4 All right. I would like to emphasize that we 5

need to each speak clearly and loudly to make sure the 6

court reporter can transcribe the meeting and, if you do 7

have something to say, please first state your name for the 8

record. And at this time, I'll turn it over to the PRB 9

Chairman, Mr. Tom Blount.

10 CHAIRMAN BLOUNT: Thank you. Good afternoon.

11 Welcome to the meeting regarding a 2.206 petition submitted 12 by Mr. Sherwood Martinelli. I'd like to first share some 13 background on the process.

14 Section 2.206 of Title 10 of the Code of 15 Federal Regulations describes the petition process, the 16 primary mechanism for the public to request enforcement 17 action by the NRC in a public process.

18 MR. MARTINELLI: That they never take.

19 CHAIRMAN BLOUNT: This process permits anyone 20 to petition NRC to take enforcement type action related to 21 NRC licensees or licensed activities. Depending upon the 22 results of this evaluation, NRC could modify, suspend or 23 revoke an NRC-issued license or take any other appropriate 24 enforcement action to resolve a problem. The NRC staffs 25

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guidance for the disposition of 2.206 petition requests is 1

in Management Directive 8.11 which is publicly available.

2 The purpose of today's meeting is to provide 3

the Petitioner, Mr. Martinelli, an opportunity to comment 4

on the Petition Review Board's initial recommendation and 5

to provide any relevant additional explanation and support 6

for that petition. This meeting is not a hearing nor is it 7

an opportunity for the Petitioner to examine the PRB on the 8

merits or the issues presented in the petition request. No 9

decisions regarding the merits of this petition will be 10 made at this meeting.

11 Following this meeting, the Petition Review 12 Board will conduct internal deliberations to determine if 13 there is a need to modify its initial recommendation. The 14 outcome of this internal meeting will be documented in a 15 letter to the Petitioner.

16 The Petition Review Board typically consists 17 of a chairman, usually a manager at the Senior Executive 18 Service level at the NRC. It has a petition manager and a 19 PRB coordinator. Other members of the Board are determined 20 by the NRC staff based on the content of the information in 21 the petition request.

22 At this time, I would like to introduce the 23 Board. As previously noted, I am Tom Blount, the Petition 24 Review Board Chairman. John Boska is the Petition Manager 25

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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for the petition under discussion today. Tanya Mensah is 1

the Office's PRB Coordinator. We have Michael Dusaniwskyj 2

from our Financial branch, Jay Collins and Tom McLellan 3

from our Technical branches on reactor vessel and pipe 4

integrity. From our regional office, we have Andrew 5

Rosebrook. We also obtain advice from our Office of 6

General Counsel represented by Jenny Longo.

7 As described in our process, the NRC staff may 8

ask clarifying questions in order to better understand the 9

Petitioner's presentation and to reach a reasoned decision 10 whether to accept or reject the Petitioner's request for 11 review under the 2.206 process.

12 Entergy, the Licensee for Indian Point Nuclear 13 Plant, has been invited to the meeting and will be afforded 14 an opportunity to ask clarifying questions.

15 MR. MARTINELLI: Of which I won't answer.

16 CHAIRMAN BLOUNT: For clarification, the 17 Licensee is not part of the decision making process for the 18 NRC's review of 2.206 petition. We invite the Licensee so 19 that they are aware of the request for action against their 20 facility and provide an opportunity to ask any questions so 21 that they may understand the details pertaining to their 22 facility.

23 I'd like to summarize the scope of this 24 petition under consideration and the NRC's activities to 25

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date. On October 10, 2008, Mr. Martinelli submitted to the 1

NRC a petition under 2.206 regarding Indian Point Nuclear 2

Plant. In this petition request, Mr. Martinelli had two 3

areas of concern.

4 With respect to the plant decommissioning 5

funds, Mr. Martinelli stated that due to the recent 6

economic downturn that it is likely there was a significant 7

decrease in the decommissioning trust fund and Entergy may 8

be in violation of the NRC's regulation on decommissioning 9

funds. Mr. Martinelli asked the NRC to order Entergy to 10 provide an accounting of decommissioning funds within 14 11 days and to suspend plant operations if the decommissioning 12 funds are below the required value and are not restored in 13 30 business days.

14 Regarding area two, Mr. Martinelli's second 15 area of concern was based on a recent relief request by 16 Entergy on reactor coolant system weld inspections at 17 Indian Point 2. Entergy stated they could not achieve 100 18 percent coverage during volumetric examination of certain 19 welds and asked for the NRC to approve relief from the 20 required inspections. Mr. Martinelli stated that they are 21 hiding unsafe conditions and requested that the NRC shut 22 down both Unit 2 and Unit 3 until the NRC performs a full 23 and complete examination of the reactor vessel heads and 24 reactor internals.

25

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 10 So allow me to discuss the NRC activities to 1

date. On October 30, 2008, the NRR Petition Review Board 2

discussed the petition using the acceptance criteria from 3

Management Directive 8.11. Based on the information 4

submitted in the petition, the PRB made an initial 5

recommendation not to accept the petition for review as 6

there were insufficient facts to constitute a basis for the 7

enforcement action or to demonstrate that a safety problem 8

or hazardous condition exists.

9 Mr. Boska informed Mr. Martinelli of the PRB's 10 initial recommendation. Mr. Martinelli requested an 11 opportunity to discuss the petition with the PRB, but asked 12 for a delay until February 2009. The PRB granted the 13 request for a delay.

14 As a reminder for the phone participants 15 please --

16 MR. MARTINELLI: As a point of clarification, 17 I would like it pointed out that that delay was granted 18 based on my wife's medical issues that relate directly to 19 her breast cancer that was caused by Entergy's failing 20 reactors in Buchanan, New York.

21 CHAIRMAN BLOUNT: We understand that the delay 22 was based on --

23 MR. MARTINELLI: I'm just asking that the 24 record is clarified and reflects the facts as they exist.

25

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 11 CHAIRMAN BLOUNT: The record notes your 1

comment, Mr. Martinelli.

2 MR. MARTINELLI: Thank you.

3 CHAIRMAN BLOUNT: As a reminder for the phone 4

participants, please identify yourself if you make any 5

remarks as this will help us in the preparation of the 6

meeting transcript that will be made publicly available.

7 Thank you.

8 Mr. Martinelli, I'll turn the conversation 9

over to you to allow you to provide any additional 10 information you believe the PRB should consider as part of 11 your petition.

12 MR. MARTINELLI: Well, on the first part on 13 the financial issues, you people are going to do whatever 14 it is that you want to do. I only have two words in 15 regards to the first part. Citibank. Thank you. End of 16 the discussion of Part 1.

17 Okay. Part 2, I've been through your song and 18 dance before. I know the way it works. I have brought up, 19 for instance, in previous filings and in previous phone 20 calls to the NRC as example, okay, Entergy's efforts to 21 deliberately hide boric acid appearances on the reactor 22 vessel heads at Indian Point.

23 I'm not a scientist. I don't have access to 24 the Indian Point facility. They promised that members of 25

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 12 the public could arrange to tour their facility and look at 1

the issues any time we wanted. They made that promise at 2

the first licensing renewal meeting that was held and then 3

immediately withdrew that offer when myself and members of 4

FUSE USA attempted to avail ourselves of the offer that 5

they made publicly and it is on the NRC's record for that 6

meeting.

7 That being said, we have our sources, our 8

people. All I'm going to suggest is that before you turn 9

my petition down, okay, that (1) you look at known previous 10 and past, as one example, boron leakage issues, at IP2 and 11 IP3 and those leakage issues have occurred and been so 12 notated in the NRC's records, okay, in numerous years 13 including 2005, 2006 and 2007.

14 I also would strongly suggest that you look at 15 the fact as was uncovered and proved by my organization 16 that the NRC, or not the NRC but Entergy, does have on 17 order, okay, two reactor vessel heads, okay, and does have 18 replacement activity, refurbishment activities, that they 19 claim in their license renewal application, there are no 20 refurbishment issues with Indian Point in the license 21 renewal even though they're planning on replacing these 22 reactor vessel heads and annealing them in place at the 23 site.

24

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(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 13 But my point is you take the known boric acid 1

issue, leak, okay, including, okay, boric acid leaks at 2

Indian Point, okay, that are sitting here, not just with 3

their tanks. We're talking boric acid leakage that has 4

been noted at the coolant boundary as one example, okay, 5

boric acid sites on the tops of the vessel heads. Remember 6

Betsy Davis [means Davis-Besse] and then you tell me I'm 7

stupid and I don't know shit and dismiss, okay, my 8

allegations without even giving them a say.

9 You do whatever the fuck you want. Thank you 10 and have a nice day. Any questions?

11 CHAIRMAN BLOUNT: Well, this is Tom Blount.

12 First of all, while we appreciate your interest and 13 concern, I'd ask you to refrain from some of the colorful 14 language--

15 MR. MARTINELLI: You people have killed my 16 wife. You've given her a death sentence.

17 CHAIRMAN BLOUNT: Understand.

18 MR. MARTINELLI: Any further questions?

19 CHAIRMAN BLOUNT: Well, thank you. At this 20 time, does the staff have any questions for Mr. Martinelli?

21 MR. COLLINS: This is Jay Collins, Senior 22 Materials Engineer. In your discussion, you identify that 23 you had sources or additional information of boric acid 24 being identified on the top of the head for Indian Point.

25

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 14 MR. MARTINELLI: What I said was we have our 1

sources. Now unfortunately the problem is the NRC puts 2

citizen action groups in a really envious decision. Okay.

3 We can either take and identify our moles inside of Indian 4

Point Entergy's plant where Entergy will then take 5

instantaneous, retaliatory measures, because we've seen NRC 6

and the Federal Government have an absolute deplorable 7

record when it comes to how they treat whistleblowers. Or 8

if we don't give up the name, okay, you people dismiss our 9

claims. Like I said, do what you want. I'm not giving up 10 the names.

11 CHAIRMAN BLOUNT:

Anyone else here at 12 Headquarters have --

13 MR. MARTINELLI: When you people have another 14 Davis-Besse on your hands, I will sit back and laugh and 15 say, "I told you so" and tell the press to go back and look 16 up today's meeting.

17 CHAIRMAN BLOUNT: Anyone from the regions have 18 any questions?

19 MR. ROSEBROOK: No questions.

20 CHAIRMAN BLOUNT: Any questions from the 21 Licensee?

22 MR. MARTINELLI: Don't bother asking. I won't 23 answer their questions.

24 MR. BURNEY: No questions.

25

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 15 CHAIRMAN BLOUNT: Are there any members of the 1

public that have an interest?

2 Mr.

Martinelli, do you have any final 3

comments?

4 MR. MARTINELLI: You have my very succinct, 5

very angry, very pointed information. You people do what 6

you want. I know for a fact that they're seriously and 7

serious issues with both reactor heads and with both 8

reactor cooling cores and, in fact, which I've told you 9

before the one test that Entergy has to pass or the NRC 10 cannot relicense their reactors period in the discussion 11 they cheated on and I've brought that to your attention as 12 well.

13 So you people do what you want. I don't care 14 anymore. You've already given my wife a death sentence.

15 CHAIRMAN BLOUNT: Mr. Martinelli, I'd like to 16 thank you for your time. We appreciate you providing 17 clarifying information on your petition. If there are no 18 further questions, with that, I'd like to conclude the 19 meeting.

20 Again, Mr. Martinelli, thank you very much.

21 MR. MARTINELLI: Thank you.

22 CHAIRMAN BLOUNT: Regions, thank you. Tanya, 23 thank you. And other people on the line, have a nice day.

24

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 16 (Whereupon, at 1:21 p.m., the above-entitled 1

matter was concluded.)

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