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SECY-03-0163

September 18, 2003

Contact: L. Roche, OEDO

Enclosure A

Differing Professional View Related to the Reactor Building Crane at the Duane Arnold Facility

On September 5, 2003, the Acting Director of the Office of Nuclear Reactor Regulation (NRR) issued a closure memorandum to the submitter of a Differing Professional View (DPV) regarding an amendment to the operating license for the Duane Arnold Energy Center (DAEC). Amendment No. 251, granted by the NRC on May 16, 2003, accepted the DAEC reactor building crane as being single-failure-proof for loads up to 100 tons. The DPV, which was submitted on June 17, 2003, raised questions about the staff's lack of consideration and documentation of certain seismic loading effects that were required to be considered before qualifying the reactor building crane as single-failure proof. An ad hoc review panel was commissioned to review this issue and provide recommendations for follow-up actions as necessary. The panel completed its review and documented the results in a memorandum to the Acting NRR Office Director on August 27. The Acting Director agreed with the panel's conclusions that while the staff did consider the seismic loading efforts in question during the technical review of the amendment, the staff's safety evaluation report (SER), which accompanied the license amendment, did not fully document the technical staff's evaluation of certain loading effects and the basis for acceptance of the licensee's amendment request. The panel's review and the Acting Director's conclusions essentially substantiated the DPV submitter's concern regarding lack of documentation. As a result, the Acting Director tasked the staff with conducting an additional evaluation to verify that the previously undocumented seismic loading effects would not pose a significant safety concern. This follow-up review concluded that there would be no significant loading effects created by the additional loads, and that it was acceptable for the licensee to use the subject crane to move fuel storage casks. The results of the follow-up review were documented in a memorandum from the NRR Office Director to the Region III Regional Administrator on August 29, 2003.

In a subsequent memorandum to the Associate Director for Project Licensing & Technical Analysis, the Acting Director also tasked the NRR staff with two longer-term actions. The first was to issue a supplement to the SER, providing the staff's basis for determining that the previously undocumented loading effects were of no safety significance. The second action was to determine why the original SER did not fully document these loading effects and to recommend actions that would prevent recurrence. The DPV submitter will be included on distribution as appropriate for correspondence related to the follow-up actions.

Issuance of Safety Evaluation Report for Ft. Calhoun License Renewal Application

On September 5, 2003, the staff issued the Safety Evaluation Report (SER) associated with the license renewal application for the Fort Calhoun Station, Unit 1. The staff plans to present the results of its evaluation to the Advisory Committee on Reactor Safeguards (ACRS) on October 1, 2003.

Early Site Permit (ESP) Applications for Grand Gulf, North Anna, and Clinton Plants

On September 2, 3, and 10, 2003, the staff met with Entergy Nuclear Potomac, Dominion Energy, and Exelon Nuclear LLC, respectively. The purpose of the meetings was to discuss the staff's plans for conducting quality assurance inspections in conjunction with the review of the prospective Grand Gulf, North Anna, and Clinton early site permit (ESP) applications. The staff discussed information and documents needed to prepare for the inspections, which will be conducted soon after receipt of the ESP applications. The prospective applicants summarized their QA organizations and described where the relevant documents can be found.

NRC Information Notice 2003-15, Importance of Follow-up Activities in Resolving Maintenance Issues

On September 5, 2003, the NRC issued this information notice to alert addressees to recent experience that emphasizes the importance of follow up activities in resolving maintenance issues in nuclear power plants. It is expected that recipients will review the information for applicability to their facilities and consider actions, as appropriate, to avoid similar problems.

In-service Inspection Workshop

The Division of Engineering hosted a workshop for regional inspectors, September 3-5, 2003, on in-service inspection topics, including inspections for steam generators, reactor pressure vessel head and head penetrations, and reactor coolant pressure boundary leakage. The main purpose was to discuss these topics in a way that would benefit the regional inspectors who implement inspection procedures and temporary instructions related to in-service inspections.

All of the regions were represented, with 23 attendees from the regional offices and one resident inspector. NRR, RES, Argonne National Laboratories, and Pacific Northwest National Laboratories were represented. More than 50 people attended the workshop, which included about 24 presentations and discussions.

Steam Generator Regulatory Framework Public Meeting

On September 4, 2003, a public meeting was held with representatives from Duke Power and the Nuclear Energy Institute (NEI) to: (1) discuss the appropriate safety factors to be applied when assessing the structural integrity of steam generator tubes and (2) discuss how these factors will be incorporated into the regulatory framework. This issue is the last outstanding technical issue associated with the new regulatory framework (i.e., the plant technical specifications) for steam generator tubes which began with the issuance of the industry guidance in NEI 97-06.

As discussed during the meeting, the industry is currently assessing the impact that various safety factors will have on plant operation, if any. This assessment is scheduled to be completed in October 2003. Once completed, the industry will assess the need to develop additional guidance on what the appropriate safety factors should be and the methodology for determining these safety factors. The staff and industry are targeting a meeting in November to discuss the results of the industry's analysis on the impact of various safety factors.

The industry indicated that their current technical specification proposal provides the necessary regulatory framework to ensure that licensees maintain tube integrity. The current industry technical specification proposal would require adherence to the licensing basis; thereby decoupling the technical issue of the appropriate safety factor from the licensing issue of the technical specifications. The staff indicated that it would consider the industry's proposal, in the context of reviewing the Catawba lead plant submittal. In addition, the staff indicated that a key technical issue to be addressed by the industry and Catawba is what safety factor is consistent with the licensing basis design criteria and how it was determined.

Callaway Plant Notice of Enforcement Discretion

At 1900 hours on September 6, 2003, Union Electric Company (the licensee) requested the NRC to exercise enforcement discretion for the Callaway plant, which is located in Callaway County, Missouri. The enforcement discretion was requested with respect to the requirements of Technical Specification (TS) Limiting Condition for Operation 3.4.11, "Pressurizer Power Operated Relief Valves (PORVs)." The licensee requested additional time to repair and test the "B" pressurizer PORV block valve before a plant shutdown would be required by the 72-hour allowed outage time (AOT) in TS 3.4.11 for an inoperable block valve. The "B" PORV block valve was declared inoperable at 0601 hours central daylight time on September 4, 2003, to support a valve control switch modification. There was an indication and confirmation of failure of the block valve's actuator and associated control circuit after installation of the control switch modification, and the licensee requested an additional 48 hours beyond the 72-hour AOT that began September 4, 2003, to repair and test the valve. In the follow-up call at 2100 hours on September 6, 2003, the NRC approved the request for enforcement discretion. The licensee's letter documenting the request for enforcement discretion was submitted September 9, 2003.

Perry Nuclear Power Plant Notice of Enforcement Discretion

On September 4, 2003, regional enforcement discretion was granted to the Perry Nuclear Power Plant for a shutdown limiting condition for operation relating to the inoperability of the "A" emergency service water (ESW) pump. The notice of enforcement discretion (NOED) teleconference, which was conducted between Region III, FirstEnergy, and the Office of Nuclear Reactor Regulation, granted an extension of the 72-hour allowed outage time for an inoperable Division 1 ESW subsystem to 144 hours.

On September 1, 2003, the "A" ESW pump was declared inoperable when low flow alarms were received. Disassembly of the pump revealed that a stainless steel coupling sleeve on the pump shaft had broken. Examination of the coupling concluded that improper installation and ensuing stress corrosion cracking led to the coupling failure. The time projected for procurement and installation of replacement parts and post maintenance testing exceeded the allowed outage time of 72 hours. The licensee completed repairs, declared the "A" ESW pump operable, and exited the NOED on Friday, September 5, 2003, after using 25 hours of the additional 72 hours granted in the NOED.

Staff Briefing of The Defense Nuclear Facilities Safety Board

The Defense Nuclear Facilities Safety Board (DNFSB) convened a public meeting on

September 10, 2003, as part of their involvement in DOE's evaluation of safety regulation and oversight practices. They invited Federal agencies with safety oversight responsibilities to discuss their agency's current initiatives and practices in this area. At the Board's invitation, the Office of Nuclear Reactor Regulation staff conducted overview presentations at the meeting on Davis-Besse lessons learned and on the bases and evolution of the Reactor Oversight Process. The Board expressed their appreciation to the Nuclear Regulatory Commission for their role in their meeting.

Enclosure B

Meeting with the Nuclear Energy Institute

On September 10, 2003, a Category 1 public meeting with the Nuclear Energy Institute (NEI) was held from 9-11:30 a.m. The meeting, which NEI requested, was an opportunity for it to provide further information about its comment letter on "Controlling the Disposition of Solid Materials." The NEI representative presented NEI's views on the feasibility and implementation of the reuse and recycle options. Furthermore, the representative elaborated on why NEI believes that the recycle option should not be implemented. Stakeholders (Sierra Club and Nuclear Information and Resource Service) provided input on the various issues as well.

Implementation of Category I Interim Compensatory Measures at Nuclear Fuel Services, Inc.

On September 5, 2003, NRC staff from the Office of Nuclear Material Safety and Safeguards, Division of Fuel Cycle Safety and Safeguards; the Office of Nuclear Security and Incident Response, Division of Nuclear Security; and Region II met in a closed meeting with Nuclear Fuel Services (NFS) security managers to discuss the status of Interim Compensatory Measure (ICM) actions and assist with technical questions regarding performance capabilities of various physical protection systems. This meeting was a follow-up to the management meeting held in the NRC Region II offices on August 29, 2003. Additionally, weekly conference calls will be held with NFS to discuss any questions and review the status of ICM implementation.

Proposed Rule Signed by the Executive Director for Operations

On September 11, 2003, the Executive Director for Operations approved a proposed rule which revises 10 CFR Part 72.214, "List of approved spent fuel storage casks," revising the Transnuclear, Inc., Standardized NUHOMS^® Horizontal Modular Storage System (Standardized NUHOMS^® System) listing within the list of approved spent fuel storage casks to include Amendment No. 6 in Certificate of Compliance (CoC) Number 1004. Amendment No. 6 will add the NUHOMS^®-24PHB cask design to the Standardized NUHOMS^® System. The NUHOMS^®-24PHB cask will permit a Part 72 licensee to store high burnup Babcock & Wilcox 15x15 spent fuel assemblies with an average burnup of up to 55,000 megawatt-days/metric ton of uranium, enrichment equal to 4.5 weight percent uranium-235, a maximum decay heat load of 1.3 kilowatt (kW) per assembly, and a maximum heat load of 24 kW per cask, under a general license.

Enclosure C

Public Meeting: Draft Regulatory Guide (DG-1122), "An Approach for Determining the Technical Adequacy of Probabilistic Risk Assessment Results for Risk-Informed Activities"

The Office of Nuclear Regulatory Research held a public meeting on September 4, 2003 to provide external stakeholders with the status of on-going staff activities related to the subject DG. The meeting was well attended and focused on discussions related to stakeholder comments, implementation of the guide, and pilot applications of the guide. There was consensus to move forward as expeditiously as possible in issuing the guide for trial use and that the trial period is the best place to resolve the remaining areas needing clarification. Industry was particularly interested in implementation of the guide (e.g., how staff review would differ) and its application as a pilot. The staff noted that implementation is expected to provide uniformity and consistency to the reviews, a more defensible basis, fewer requests for additional information (RAI), and an increase in public confidence. During the trial use period, the guide is also expected to be used for non-pilot applications. NEI indicated it will pursue potential additional pilot studies and keep the staff informed. The staff indicated that a plan for the implementation and pilots was being developed and will be shared with the public for their comment. The staff also noted that they would continue to hold regular public meetings during the trial period.

Enclosure D

Preliminary Notifications

1. PNO-IV-03-040, Northridge Hospital - HIGH DOSE RATE AFTER LOADER EQUIPMENT FAILURE.

Enclosure G

Electronic Information Exchange Adjudicatory High-Level Waste (HLW) Testing

NRC staff have been running exhaustive tests using the Adjudicatory HLW forms and process. The main test areas included are transmission of large documents, receipt notification, distribution notification, multi-part transmissions, document servicing, and security. All of the tests were successful and documents as large as 70MB were transmitted. All of the notification and servicing processes worked as anticipated. A minor problem was discovered with renewed certificates. This problem is being addressed and will undergo further testing.

Reactor Vessel Integrity Database

The Reactor Vessel Integrity Database (RVID) software was migrated from an obsolete Access database to a more recent supported version. Applications testing was performed with the end users and fixes applied so that the application successfully works with the new XP operating systems. The RVID application documentation is now being developed.

Rolling out Remote Procedure Call Patch to Protect NRC Desktops

The agency-wide automated rollout of the Windows desktop patch to eliminate a Remote Procedure Call (RPC) vulnerability began on September 10, 2003. Several other measures had previously been implemented as part of an overall plan to mitigate the risk of this vulnerability. The rollout of the RPC patch is scheduled to be completed within two weeks.

Web-based Tool for Publishing NRC News Releases

A Web-based tool for publishing NRC news releases directly to the agency's Public Web Site during emergency events and planned emergency exercises is being developed. The tool will enable authorized users to place news releases at the public site by completing a simple online form and pressing a "publish" button on a graphical Web page. No knowledge of Web coding techniques or OCIO Web publishing procedures is required. The tool will also allow the user to preview a news release before publication and will automatically update the NRC Home Page.

Records Management Web Site Created

OCIO has created a new internal Web site that provides records management guidance and explains Federal employees' responsibilities for maintaining and preserving agency records. This new site, Records Management www.internal.nrc.gov/RMB/, is accessible through the NRC's Internal home page and includes an interactive tool to step employees through the process of determining if a document is a record. Guidance documents (e.g., frequently asked questions, e-mail quick reference guide, management directives, records liaison officer lists); agency records schedules; and links to bulletins, publications, and other promotional information developed by the National Archives and Records Administration are also included.

Visitors from Japan Tour the Public Document Room

On September 9, 2003, two visitors from Japan (Ms. Kazuko Hamamoto, a Senior Chief Engineer of the Nuclear Power Engineering Corporation and Mr. Tomoaki Ohta, a Senior Consultant of Japan NUS) toured the Public Document Room (PDR). The purpose of the visit was to gain a better understanding of the role the PDR plays in disseminating information to the public. The visitors were given an overview of the PDR's mission and services to the public, the PDR's home page, and a detailed demonstration of Web-based ADAMS

Ms. Hamamoto explained they will be working with the Nuclear and Industrial Safety Agency, Japan's NRC counterpart, to provide communities located near nuclear facilities with easy-to-understand information about nuclear safety and regulatory policies. They will also prepare and distribute brochures, for both the public and nuclear safety regulators.

Freedom of Information and Privacy Act Requests received during the period of September 5 through September 11, 2003:

Enclosure I

2003 Combined Federal Campaign (CFC) Leadership Conference Attended

On September 9, 2003, Henry Rubin, Office of Human Resources, attended the 2003 CFC Campaign Leadership Conference held at the Washington Convention Center in Washington, D.C. The keynote speaker was the Honorable Mel Martinez, Secretary of the Department of Housing and Urban Development, who is the Honorary Chair for the 2003 Campaign. The conference included presentations on such topics as Campaign Planning and Tracking; Keyworker Selection, Training, and Management; and Marketing the CFC Message. In addition, there was a CFC Charity Fair, where several qualified charities disseminated information about their organizations.

Enclosure M

Media Interest

The NRC's decision to conduct a special inspection at the Davis-Besse nuclear power plant to monitor a seven-day test of the facility's reactor cooling system.

A General Accounting Office report criticizing the ability of the NRC and some states to track thousands of medical devices and industrial gauges with radioactive material.

Security measures taken at nuclear power facilities two years after the anniversary of the September 11, 2001, terrorist attacks, including coverage of a letter NRC Chairman Diaz sent to Department of Homeland Security Secretary Tom Ridge outlining the measures.

A small fire damaged a pump that provides water to one of the reactors at Pennsylvania's Susquehanna nuclear facility late Wednesday, reducing power to 65 percent while repairs were made.

Enclosure O

Federal Register Notices Issued

1. Geological and Seismological Characteristics for Siting and Design of Dry Cask Independent Storage Installations and Monitored Retrievable Storage Installations - Final Rule.

2. Combustible Gas Control in Containment - Final Rule.

3. ACRS Meeting of the Subcommittee on Reactor Fuels - Notice of Meeting.

Enclosure P

PermaGrain

Environmental Protection Agency contractors continue to remove and package sources from the PermaGrain facility for disposal in Barnwell, SC. A Region I inspector witnessed the initial packaging and shipment, which left the site on September 6, 2003, and arrived at the Barnwell disposal facility on September 8. Total personnel exposures have been low, less than 100 millirem. It is expected that all sources will be off the site by the end of September 2003.

CFC Logistics, Inc.

An administrative judge from the Atomic Safety and Licensing Board Panel (ASLBP), serving as Presiding Officer, heard oral argument on September 10, 2003, in Allentown, PA, from attorneys for organizations supporting and challenging the license the agency recently issued to CFC Logistics, Inc. Attorneys from the licensee, petitioners, and the NRC presented arguments involving the "standing" of the Petitioners to intervene in the proceeding and the applicability to the areas of concern presented, as well as the petitioners' request for a stay of the effectiveness of the license. Members of the public observed the proceeding. The license issued by NRC authorizes receipt and use of cobalt-60 in an underwater irradiator, but the licensee previously committed to the Presiding Officer to delay receipt of cobalt-60 until after the September 10 proceeding. Region I provided support for a visit to the CFC facility in Quakertown, Pa., on September 10 by the Presiding Officer, Technical Assistant Judge and Petitioners. The licensee provided a facility tour and presentations on the operation of the irradiator.

Enclosure P

Duke Energy Corporation and Southern Nuclear Operating Company - Catawba and Vogtle Operator Licensing Certification Presentations

On September 10, 2003, the Director, Division of Reactor Safety, attended the Vogtle Operator Licensing Certification presentation in Augusta, GA, and on September 11, 2003, attended the Catawba Operator Licensing Certification presentation in York, SC.

Department of the Navy's Radiation Safety Committee Meeting

On September 10, 2003, the Directors, Division of Nuclear Materials Safety Regions I and II, and the Navy Master Materials License Project inspector attended the Department of the Navy's Radiation Safety Committee Meeting in Crystal City, VA. The NRC representatives discussed the transition of the oversight of the Master Materials License to Region I as part of the materials inspection and licensing consolidation.

Differing Professional View - Farley

On September 8, 2003, Region II completed a decision and response to a Differing Professional View (DPV). The DPV was submitted to the Regional Administrator on July 29, 2003, regarding the documentation of problem identification and resolution observations in inspection reports.

Region II convened an ad hoc review panel (Panel) to review the issues in the DPV in accordance with Management Directive 10.159. The Panel which included membership from the Office of Nuclear Reactor Regulation, issued a report to the Regional Administrator on September 2, 2003. The Regional Administrator accepted the Panel's conclusions and recommendations.

Recruitment Trips

During the week of September 8 - 12, 2003, several recruitment trips were conducted by various managers and staff to Georgia Institute of Technology in Atlanta, GA, North Carolina Agricultural and Technology State University in Greensboro, NC; the Oklahoma State University in Stillwater, OK; and the University of California in Berkley, CA.

Enclosure P

Region IV Public Meeting with the Nebraska Public Power District (NPPD)

A public meeting was held in Region IV, on September 8, 2003, to discuss NPPD's progress in implementing the Strategic Improvement Plan at Cooper Nuclear Station. The Strategic Improvement Plan was developed by NPPD to be a comprehensive improvement plan to address specific regulatory performance issues described in NRC's Confirmatory Action Letter to NPPD dated January 30, 2003.

California Department of Toxic Substance Control Public Hearing

On September 8, the California Department of Toxic Substance Control conducted a public hearing to discuss Southern California Edison's application for a permit to continue the temporary storage of mixed waste at San Onofre Nuclear Generating Station (SONGS). The meeting was attended by the NRC senior resident inspector and a Region IV senior health physicist.

Omaha Public Power District (OPPD) names New President and Chief Executive Officer

On September 11, the Omaha Public Power District Board of Directors announced that Gary Gates, Vice President Nuclear, Fort Calhoun Station, will become the President and Chief Executive Officer of OPPD effective January 1, 2004. Mr. Gates replaces Fred Petersen, who is retiring at the end of the year. Effective October 1, 2003, Mr. Gates will serve as Chief Operating Officer until January 1, 2004.

Enclosure R

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