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INFORMATION REPORT SECY-08-0146 October 3, 2008
Contact: Office of Nuclear Reactor Regulation (NRR) PHYSOR 2008 Presentation During the week of September 15, 2008, Dr. Anthony Attard of NRR's staff presented a paper at PHYSOR 2008 in Interlaken, Switzerland , on "NRC Regulatory Practices in Reactor Physics Code Reviews" (ML082760188). His presentation was well-received by the audience. AREVA Audit – Digital Instrumentation and Control Upgrade On September 15-19, 2008, the staff conducted an audit of AREVA facility (Duke vendor for Oconee) for the Oconee reactor protection system (RPS) and engineered safeguards protective system (ESPS) digital upgrade. The objective of the audit was to verify via an independent evaluation that the software products to be used at Oconee for the RPS/ESPS system conform to applicable regulations, standards, guidelines, plans, and procedures by assessing the implementation of the systems developmental life cycle process Public Meeting with Palisades Nuclear Power Plant (NPP) On September 16, 2008, the staff met with the Palisades NPP licensee at a public meeting to discuss their plan to restore their spent fuel pool (SFP) to comply with Technical Specifications prior to moving any new or spent fuel into the SFP. Public Meeting on Crystal River 3 Steam Generator Replacement On September 16, 2008, the staff participated in a public meeting with the licensee for Crystal River Unit 3 to discuss the licensee's plans to replace the steam generators at the plant. The licensee provided a general description of design characteristics for the replacement steam generators that they believe will mitigate wear and other issues identified at other plants with replacement once-through steam generators. Steam generator replacement is scheduled for fall 2009. Meeting with Nuclear Energy Institute (NEI) Regarding Pressurized Water Reactor (PWR) Vessel Internals-Aging Degradation On September 17, 2008, the staff met with representatives of NEI's Materials Reliability Program (MRP) in a periodic meeting to discuss the industry's progress on developing Inspection and Evaluation (I&E) guidelines for PWR internals. The I&E guidelines being developed by the MRP will be used by licensees with renewed licenses to implement a required aging management program for their PWR internals. The I&E guidelines will be submitted for review by December 31, 2008. Meeting with NEI Regarding the Regulatory Approach for Applying Weld Inlay/Onlay and Underwater Laser Beam Welding On September 18, 2008, the staff met with NEI and other industry representatives to discuss the regulatory approach to be used when applying weld inlay, weld onlay, and underwater laser beam welding. The industry provided three technical papers and discussed the technical basis of its regulatory approach in performing inlay and onlay installation relative to the use of the American Society of Mechanical Engineers Code. The staff provided feedback during the discussion and indicated it would further study the industry's proposed approach. Nuclear Management Company, LLC - Change in Operating Authority On September 22, 2008, the staff issued license amendments for Monticello Nuclear Generating Plant, Prairie Island Nuclear Generating Plant, Units 1 and 2, and the Prairie Island Independent Spent Fuel Storage Facility, reflecting the transfer of operating authority for the facilities from Nuclear Management Company, LLC (NMC), to Northern States Power Co. - Minnesota (NSPM). This direct license transfer was approved by the NRC by Order dated September 15, 2008. The conforming license amendments reflect the name change of the operating licensee from NMC to NSPM. Draft Supplemental Environmental Impact Statement (DSEIS) for License Renewal Application of Beaver Valley Power Station Units 1 and 2 On September 23, 2008, the staff issued the draft of NUREG-1437, "Generic Environmental Impact Statement for License Renewal of Nuclear Plants, Supplement 36, regarding Beaver Valley Power Station" for public comment. This supplemental environmental impact statement includes the staff's preliminary analysis that considers and weighs the environmental effects of the proposed action, the environmental impacts of alternatives to the proposed action, and mitigative measures available for reducing or avoiding adverse impacts. Electric Power Research Institute Ground Water Protection Workshop On September 23-24, 2008, the staff attended the Electric Power Research Institute Ground Water Protection Workshop, in Augusta, Georgia . The meeting covered the Nuclear Energy Institute Ground Implementation methods and lessons learned. Final Rule - Technical Specifications - Restoring the Original Paragraph Designations On September 24, 2008, NRC published a Final Rule in the Federal Register amending the regulations to resolve an administrative issue raised in a petition for rulemaking (PRM) submitted by the Strategic Teaming and Resource Sharing (STARS) Integrated Regulatory Affairs Group (PRM–50–91). In this final rule, the NRC restored the original paragraph designations as existed in 10 CFR 50.36 before the 2007 Part 52 final rulemaking. This final rule eliminates the need for licensees to expend resources on administrative redesignations that have no safety benefit. Office of New Reactors (NRO) Revision 17 to AP1000 Design Control Document On September 22, 2008, Westinghouse submitted an update to its application to amend the AP1000 design certification, by providing Revision 17 of the Design Control Document (DCD). This revision includes changes to address NRC requests for additional information, to address engineering changes from detailed design activities, to close certain design acceptance criteria, and to make editorial changes. The revision letter further indicates that the changes have been prepared in conjunction with NuStart including the Combined License (COL) applicants that reference the AP1000 design certification and also requests a detailed update to the review schedule. Public Meeting on Victoria County Station, Units 1 and 2 On September 24, 2008, the staff held a Category 1 Public Meeting in Rockville, Maryland to discuss Victoria County Station, Units 1 and 2 COL Application. At the meeting, staff discussed the COL application with Exelon Nuclear Texas Holdings, LLC. Submittal of a Combined License Application for River Bend Station, Unit 3 On September 25, 2008, Entergy Operations, Inc. (EOI) tendered a COL application for an Economic Simplified Boiling Water Reactor (ESBWR) reactor at the current River Bend Station (RBS) site near St. Francisville, Louisiana. The facility is to be designated as RBS Unit 3. The COL application incorporates by reference the design certification application for the ESBWR and Revision 4 of the associated ESBWR Design Control Document. The RBS Unit 3 COL application is a subsequent COL application to the ESBWR reference COL application, North Anna Unit 3. Both the ESBWR design certification and the North Anna COL application are currently under review by the staff. The RBS Unit 3 acceptance review is scheduled to commence on October 1, 2008 and be completed by January 2, 2009. Office of Nuclear Material Safety and Safeguards (NMSS) Public Meeting on Yucca Mountain Docketing Decision On September 23, 2008, a public meeting was held in Amargosa Valley, Nevada to provide an overview of the staff's recent decisions to accept for review, the U.S. Department of Energy's (DOE) license application for a repository at Yucca Mountain and to adopt, with supplements, DOE's Environmental Impact Statement. NRC staff provided an overview of the upcoming steps in NRC's regulatory decision-making process for Yucca Mountain. The public participated in the meeting by commenting and asking questions. Fall Public Meeting of the United States Nuclear Waste Technical Review Board On September 24, 2008, NRC staff attended the fall public meeting of the United States Nuclear Waste Technical Review Board on the proposed repository at Yucca Mountain. The meeting was held in Las Vegas, Nevada and covered topics on waste acceptance, transportation, surface facility design, and integrated systems operations. Office of Federal and State Materials and Environmental Management Programs (FSME) New Pre-Licensing Guidance Issued On September 22, 2008, FSME issued the final revised guidance for pre-licensing visits of new materials license applicants, to the Agreement States via RCPD-08-020, and the NRC Regional Offices via memorandum (ML082630230). This revised guidance will require pre-licensing site visits and background checks for unknown applicants. This addresses a 2007 U.S. Government Accountability Office concern of individuals illegitimately obtaining a license and radioactive material. Georgia Program Review Conducted During the week of September 22-26, 2008, NRC conducted an Integrated Materials Performance Evaluation Program (IMPEP) review of the State of Georgia . The IMPEP program is NRC's means of evaluating the technical adequacy, consistency, and compatibility of materials and waste programs across the country. The review team is preparing a draft report with preliminary findings that will be presented to a Management Review Board. Public Meetings Held to Accept Comments on the Draft Environmental Impact Statement On September 23 and 25, 2008, staff held the last of its public meetings in Gillette and Casper, Wyoming. The purpose of these meetings was to discuss and accept public comments on the draft Generic Environmental Impact Statement (Draft GEIS) for Uranium Milling Facilities. The Draft GEIS was made available for public comment on July 28, and the public comment period is scheduled to close on October 7. Meeting with Missouri Held to Discuss the Agreement State Process On September 24, 2008, there was a meeting between the State of Missouri and the NRC to discuss the Agreement State process. FSME supported Region III in this discussion. Nuclear Materials Events Database Contract Agreement Reached On September 24, 2008, FSME entered into a new five-year agreement with the Department of Energy's Idaho National Laboratory (INL) to provide support for and maintain the Nuclear Materials Events Database, the associated website, and event review and analysis activities. Work under this new agreement began October 1, 2008. Office of Nuclear Regulatory Research (RES) Cooperative Severe Accident Research Program (CSARP) 2008 Annual Technical Review Meeting, MELCOR Code Assessment Program (MCAP) Meeting, and the MELCOR/MACCS Workshops On September 16-19, 2008, RES sponsored the subject CSARP and MCAP international meetings. The purpose of these meetings was to exchange technical information on severe accident research with a view to addressing regulatory and safety issues. A total of 66 participants from various organizations in 15 countries attended the meetings. The scope of the severe accident research included HTGR applications and containment fragility. In addition, MELCOR and MACCS workshops were conducted on September 8-15, 2008. Public Meeting on the Draft "Direct Current Electrical Shorting in Response to Exposure-Fire (DESIREE-FIRE) Test Plan" On September 23, 2008, RES held a Category 2 public meeting to present the draft DESIREE-FIRE Test Plan. During the meeting, RES received feedback on the proposed approach and discussed a possible cooperative research agreement between NRC and Electric Power Research Institute, Inc. RES will evaluate the insights gained from this meeting and make appropriate adjustments to the test plan. The Office of Nuclear Reactor Regulation participated in the meeting. RES Meeting with Naval Reactors (NR) Representatives On September 23, 2008, the RES Deputy Office Director and members of the RES staff met with representatives of NR at the NR offices in the Washington Navy Yard. The purpose of the meeting was to explore possible exchanges of information in the area of digital instrumentation and controls. Specific topics of interest were identified as a result of the meeting, and a follow‑on meeting was tentatively scheduled to continue the dialogue. Office of Administration (ADM) Adjustment of Civil Penalties for Inflation (RIN3150-AI45, 10 CFR Parts 2 and 13) On September 23, 2008, the NRC published a final rule (73 FR 54671) in the Federal Register amending its regulations to adjust the maximum Civil Monetary Penalties (CMP) it can assess under statutes within the jurisdiction of the NRC. These changes were mandated by Congress in the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996. The maximum CMP for a violation of the Atomic Energy Act of 1954, as amended (AEA), or any regulation or order issued under the AEA has been increased from $130,000 to $140,000 per violation per day. The provisions concerning program fraud civil penalties have been revised to increase the maximum CMP under the Program Fraud Civil Remedies Act from $6,000 to $7,000 for each false claim or statement. The rule is effective on October 23, 2008. Petition for Rulemaking; Denial (PRM-50-83) On September 23, 2008, the NRC published a document (73 FR 54744) in the Federal Register denying a petition for rulemaking (PRM-50-83) submitted by David Lochbaum (petitioner) on behalf of the Project on Government Oversight and the Union of Concerned Scientists. The petitioner requested that the NRC amend its regulations governing domestic licensing of production and utilization facilities to require periodic demonstrations by applicable local, State, and Federal entities to ensure that nuclear power plants can be adequately protected against radiological sabotage by adversaries with capabilities that exceed those posed by the design basis threat. The NRC denied the petition on the grounds that promulgating the petitioner's proposed requirements would exceed the NRC's authority. Office of Information Services (OIS) Federal Information and Records Managers (FIRM) Council Meeting On September 24, 2008, staff from the Information and Records Services Division attended a meeting of the FIRM Council in Washington, DC. Several organizations presented at the forum including the Federal Library and Information Center Committee, Association for Federal Information Resources Management, Association of Records Managers and Administrators, and the World Wide Web Consortium. Topics covered were the goals, policies/fees, current initiatives, and programs of each organization. Participants developed an agenda for the planning meeting scheduled for October 15, 2008, which will explore opportunities for collaboration such as joint meetings and a monthly roundtable to address issues of significance to Federal information professionals. One participant suggested that the NRC would be a good candidate to present lessons learned and best practices for electronic records management. Drop-In Clinic Held to Describe Functions of the Library's Voyager Online Catalog On September 25, 2008, the Information and Records Services Division hosted a "Drop-In" Clinic that described the various functions of the Library's Voyager online catalog as well as how to use them to create a personal user account to request items, keep track of books borrowed by each user, and how to gain access to WorldCat, which provides access to books in library collections throughout the world. The information in the online catalog includes records for print collections in both the Technical Library and the Law Library as well as the electronic book collection available through the Technical Library. Controlled Unclassified Information (CUI) Working Group Participation On September 25, 2008, representatives from the Information and Records Services Division participated in a CUI working group at the National Archives and Records Administration (NARA). As the Executive Agent (EA) for implementing the CUI framework throughout the Federal government, NARA sponsored this working group to begin developing the standards for protecting CUI. The safeguarding categories discussed were general handling instructions, storage of all media, destruction methods, and transmission criteria for all media. Transmission includes all methods, i.e., hand carrying, mail, and electronic (wired and wireless). The purpose of the working group was to provide input to the EA who will develop a straw man for safeguarding CUI. Working group meetings will occur through June 2009 to develop the CUI standards for dissemination, marking, designation, life cycle, and dispute resolution, as well as for determining regulatory changes and the special criteria for the four exceptions that have been allowed, which include Safeguards Information. Freedom of Information Act (FOIA) and Privacy Act (PA) Requests Received During the Period of September 19, 2008 through September 25, 2008:
Office of Human Resources (HR)
Office of Public Affairs (OPA) OPA Received Significant Media Inquiries on the Following: Unusual event declared due to a Unit 1 turbine generator fire at DC Cook nuclear power plant (Michigan); special inspection by the agency Draindown of the Unit 1 spent fuel pool at Indian Point nuclear power plant (New York); successful test of new siren system The impact of a continuing resolution on the NRC and its FY 2009 budget U.S. Court of Appeals rule against the challenge of NRC license renewal regulations brought by Westchester County, New York and the New Jersey Environmental Foundation Possible sale of Constellation to Warren Buffett's Berkshire Hathaway, Inc. company, MidAmerican Energy Holdings Co. NRC response to tower leakage at Vermont Yankee nuclear power plant (Vermont) and release of our special component design basis inspection Other Public Affairs Items: The Hungarian media reported Chairman Klein's visit to a waste facility and the Academy of Sciences in that country. OPA facilitated an interview with the Wall Street Journal regarding Electricite de France and MidAmerican's merger offer, in which the discussion focused on foreign ownership restrictions and possible effects on existing combined license applications. OPA coordinated an interview with Business and Industry Connection magazine regarding the agency's recent education grants and workforce issues. OPA supported the Generic Environmental Impact Statement meeting regarding in-situ mining in Gillette, Wyoming.
Office of the Secretary (SECY)
Commission Correspondence
Federal Register Notices Issued
Region
II (RII) University of Puerto Rico Recruitment Trip From September 24-26, 2008, the Regional Administrator attended the University of Puerto Rico Recruitment Trip in San Juan, Puerto Rico. Finland Radiation and Nuclear Safety Authority (STUK) visited Region II From September 22-26, 2008, Messrs. Petteri Tiippana and Lasse Kuosa from STUK visited Region II for bench-marking of construction inspection activities and shared presentations in four areas: On-going construction activities, construction lessons learned, pre-operational and startup testing, and allegations. The region sponsored a visit to Watts Bar 2 on September 24-25 in order to familiarize the visitors with U.S. nuclear plant construction and testing inspection activities. The trip also included a visit to the Technical Training Center to brief them on construction inspector training activities. Office of Congressional Affairs (OCA)
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