ML042260332

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Catawba Hearing 07/15/04 - Intervenor Exhibit 54, Letter from James F. Mallay to Ralph O. Meyer Re Extended Scope of MOU on Testing M5 Cladding - Rec'D 07/15/04
ML042260332
Person / Time
Site: Catawba  Duke Energy icon.png
Issue date: 12/15/2003
From: Mallay J
Framatome ANP
To: Meyer R
Office of Nuclear Regulatory Research
Byrdsong A T
References
50-413-0LA, 50-414-OLA, ASLBP 03-815-03-OLA, Catawba-Intervenor-54, NRC:03:085, RAS 8317
Download: ML042260332 (2)


Text

-R5$F3/7 DOCKETED USNRC A August 9, 2004 (11 :45AMf FRAMATOME ANP OFFICE OF SECRETARY An AREVA and Siemens Company RULEMAKINGS AND ADJUDICATIONS STAFF NucLEAR REGULTORY COMMISSION FRAMATOMrE ANP. Inc. Docket No. ' _ Official Exh. No. 5H in the matter of -_M C pa thz 0>A December 15, 2003 Staf-f IDENTIFIED NRC:03:085 Applicant. . . RECEIVED-1°5 _

Office of Nuclear Regulatory Research Intervenor X/ REJECTED AllN: Ralph 0. Meyer, Senior Technical Advisor Contrg Off R U.S. Nuclear Regulatory Commission Contracto _o DATF _

Washington, D.C. 20555-0001 Oftr-Extended Scope of MOU on testing M5 CladdingRdin,,l Ref.: 1. Letter, James F. Mallay (Framatome ANP) to Ashok C. Thadani (NRC), -ANL High Bumup Test Program' NRC:03:068, October 17, 2003.

Ref.: 2. Letter, James F. Mallay (Framatome ANP) to Farouk Eltawila (NRC), Confirmation of Existing Cladding Embrittlement Criteria", NRC:03:069, October 17,2003.

Dear Ralph:

In early September you had requested that Framatome ANP consider extending our MOU to Include high bumup fuel using MS cladding. We have held a number of Intemral discussions on how to proceed, Including deliberations with our colleagues In France and Germany. We would like to proceed with your suggestion by establishing a meeting with you and your management In early 2004 to outline the actions needed to proceed with this Idea.

You should appreciate Framatome's reluctance to proceed with serious discussions, however, about providing Irradiated fuel. As you know, we have always been willing to cooperate In this program, but we expect this spirit of cooperation to be extended In both directions. We want you to understand that we have several reservations about continuing this cooperation to Include Irradiated fuel.

First, we were dismayed when It was discovered that our MS cladding was altered (etched) to perform some comparative tests with another type of cladding. This discovery was very disappointing because we were not asked about the test or whether we would want to participate. Moreover, the MOU specifically calls for our agreement with any new test; an agreement that was not sought in this case. We had also asked (and understood that we had agreement) that specific comparisons with other cladding material not be conducted. This agreement was especially important to us Inthis case because MS had been repeatedly compared to this other cladding In highly adverse and Inaccurate ways. We are not willing to suffer this embarrassment again.

Second, Framatome has been unable to gain recognition of MS in the regulation (50.46) associated with ECCS acceptance. Our competitor cladding Is Included In the regulations by name, and the NRC had prepared to Issue a direct final rule to Include MS more than18 months ago. We were informed that this rulemaking did not proceed because of questions raised conceming the adequacy of the oxidation limits Inthe regulation; Research recommended that the Inclusion of M5 cladding be delayed until the oxidation tests at Argonne were completed.

Such a delay could extend for many years for no apparent value added. Not only did this FRAMATOME ANP. Inc.

3315 Old Forest Road. P.O. Box 10935 - Lynchburg. VA 24508-0935 Tel.: 434-832-3000 Fax: 434-832-0622 www.us.framatome-anp.corn

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Ralph. 0. Meyer NRC:03:085 December 15, 2003 Page 2

-question constitute an Inappropriate criticism about the Integrity of M5 cladding, but it also

-.-.-. constituted'artW ti-competitive action on the part of the NRC. We had been led to believe (for example,.irtrmnuerous NRC statements made during the Argonne meeting InJuly 2002) that MS was looked on favorably by the NRC, based Inpart on Its outstanding performance, which Is documented Inthe approved topical report on the application of MS cladding.

Third, we continue to bd-e concerned about .e ongoing tests at Argonne that we expressed In earlier correspohdence-(References -iand2). Repeated statements have been made by the NRC that these tests are intended to be 1confirmatory* in nature. However, it appears other objectives are being pirsued that are not confirmatory In nature, Including attempts to support major alterations to the ECCS regulations. Inview of two very lengthy evaluations of ECCS criteria In 1972-73 and in the mid-1980s, Insupport of best-estimate analyses, we see no benefit to another evaluation at this time when nearly all evaluation models have reached satisfactory maturity.

Framatome ANP Is anxious that these matters concerning the demonstrated Integrity of MS cladding and the conduct and Intent of the ongoing testing program at Argonne be resolved before agreement Is reached on extending the scope of our MOU.

I plan to contact you in January to establish a framework for continued discussions on the testing of our MS cladding.

Very truly yours, Regulatory , Dirs Regulatory Affairs cc: Jack Rosenthal