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MONTHYEARML0511002972005-04-12012 April 2005 G20050272 - David A. Lochbaum Ltr. Re 2.206 - Enforcement Action Against Firstenergy for Beaver Valley 10 CFR 50.9 Violation Project stage: Request ML0512400142005-05-20020 May 2005 G20050272 - David A. Lochbaum Ltr. Response 2.206 - Enforcement Action Against Firstenergy for Beaver Valley 10 CFR 50.9 Violation Project stage: Other ML0523001492005-09-15015 September 2005 G20050272 - Proposed Director'S Decision Under 10 CFR 2.206 - Beaver Valley Power Station, Unit Nos. 1 and 2 Project stage: Other ML0522903472005-09-15015 September 2005 G20050272 - L. William Pearce Ltr. Proposed Director'S Decision Under 10 CFR 2.206 - Beaver Valley Power Station, Unit Nos. 1 and 2 Project stage: Other ML0531300602005-12-0202 December 2005 FRN: General Notice. G20050272 - Notice of Issuance Director'S Decision Under 10 CFR 2.206, Regarding Beaver Valley Power Station, Unit Nos. 1 and 2 Project stage: Request ML0531300552005-12-0303 December 2005 G20050272 - Director'S Decision Under 10 CFR Sec. 2.206 Project stage: Other ML0531300162005-12-0303 December 2005 G20050272 - David Lochbaum 2.206 Ltr Re. Enforcement Action Against First Energy for Beaver Valley 10 CFR 50.9 Violation Project stage: Other 2005-04-12
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Category:2.206 Petition
MONTHYEARML20324A2272020-11-0808 November 2020 10 CFR 2.206 Petition (Beaver Valley Power Station, Unit No. 2) Submitted by Thomas Saporito, Executive Director, Nuclear Energy Oversight Project ML18194A3952018-06-19019 June 2018 10 CFR 2.206 Petition Review Board First Energy Nuclear Facility Operating Company in Ohio and Pennsylvania - Official Transcript of Proceedings ML17081A4182017-03-0808 March 2017 10 CFR 2.206 Petition Review Board (PRB) Conference Call Beyond Nuclear ML0511002972005-04-12012 April 2005 G20050272 - David A. Lochbaum Ltr. Re 2.206 - Enforcement Action Against Firstenergy for Beaver Valley 10 CFR 50.9 Violation 2020-11-08
[Table view] Category:Letter
MONTHYEARML24025A0922024-01-25025 January 2024 Requalification Program Inspection L-23-267, Submittal of Discharge Monitoring Report (Npdes), Permit No. PA00256152023-12-18018 December 2023 Submittal of Discharge Monitoring Report (Npdes), Permit No. PA0025615 IR 05000334/20230112023-12-0404 December 2023 Age-Related Degradation Inspection Report 05000334/2023011 and 05000412/2023011 L-23-229, Request for Additional Information Regarding the Spring 2023 Generic Letter 95-05 Voltage-Based Alternate Repair Criteria and Steam Generator F-Star Reports2023-11-29029 November 2023 Request for Additional Information Regarding the Spring 2023 Generic Letter 95-05 Voltage-Based Alternate Repair Criteria and Steam Generator F-Star Reports IR 05000334/20233012023-11-27027 November 2023 Initial Operator Licensing Examination Report 05000334/2023301 L-23-247, Discharge Monitoring Report (NPDES) Permit No. PA00256152023-11-17017 November 2023 Discharge Monitoring Report (NPDES) Permit No. PA0025615 IR 05000334/20230032023-11-0606 November 2023 Integrated Inspection Report 05000334/2023003 and 05000412/2023003 L-23-227, Discharge Monitoring Report (NPDES) Permit No. PA0025615 for Third Quarter 20232023-10-20020 October 2023 Discharge Monitoring Report (NPDES) Permit No. PA0025615 for Third Quarter 2023 ML23279A0612023-10-0505 October 2023 Paragon Energy Solutions LLC, Part 21 Final Report Re Potential Defect with Eaton Jd and Hjd Series Molded Case Circuit Breakers (Mccbs) ML23198A3592023-10-0202 October 2023 Issuance of Amendment Nos. 322 and 212 Analytical Methodology to the Core Operating Limits Report for a Full Spectrum Loss of Coolant Accident (EPID L-2022-LLA-0129) - Nonproprietary IR 05000334/20234022023-09-29029 September 2023 Security Baseline Inspection Report 05000334/2023402 and 05000412/2023402 (Cover Letter Only) ML23237B4222023-09-28028 September 2023 Energy Harbor Nuclear Corp. - Vistra Operations Company LLC - Letter Regarding Order Approving Transfer of Licenses and Draft Conforming License Amendments ML23269A1242023-09-27027 September 2023 Request for Withholding Information from Public Disclosure IR 05000334/20234012023-09-21021 September 2023 Cybersecurity Inspection Report 05000334/2023401 and 05000412/2023401 (Cover Letter Only) ML23263A0192023-09-20020 September 2023 Operator Licensing Examination Approval ML23243A9272023-09-19019 September 2023 Review of the Fall 2022 Steam Generator Tube Inspection Report ML23249A1842023-09-18018 September 2023 Authorization and Safety Evaluation for Alternative Request No. 2-TYP-4-RV-06 L-23-208, Submittal of Discharge Monitoring Report Cnpdes), Permit No. PA00256152023-09-14014 September 2023 Submittal of Discharge Monitoring Report Cnpdes), Permit No. PA0025615 L-23-167, Twenty-Third Refueling Outage Inservice Inspection Summary Report2023-09-13013 September 2023 Twenty-Third Refueling Outage Inservice Inspection Summary Report L-23-205, Supplement to Application for Order Consenting to Transfer of Licenses and Conforming License Amendments2023-09-12012 September 2023 Supplement to Application for Order Consenting to Transfer of Licenses and Conforming License Amendments IR 05000334/20230052023-08-31031 August 2023 Updated Inspection Plan for Beaver Valley Power Station Units 1 and 2 (Report 05000334/2023005 and 05000412/2023005) L-23-172, Quality Assurance Program Manual2023-08-31031 August 2023 Quality Assurance Program Manual ML23129A1722023-08-25025 August 2023 Request for Withholding Information from Public Disclosure for Beaver Valley Power Station, Units 1 and 2; Davis Besse Nuclear Power Station, Unit 1; and Perry Nuclear Power Plant, Unit 1 IR 05000334/20230022023-08-0909 August 2023 Integrated Inspection Report 05000334/2023002 and 05000412/2023002 ML23219A0592023-08-0707 August 2023 Steam Generator Inspection Reports - Spring 2023 Spring Refueling Outrage L-23-188, Energy Harbor Nuclear Corp., Supplement to Application for Order Consenting to Transfer of Licenses and Conforming License Amendments2023-08-0707 August 2023 Energy Harbor Nuclear Corp., Supplement to Application for Order Consenting to Transfer of Licenses and Conforming License Amendments L-23-179, Submittal of Discharge Monitoring Report, (NPDES) Permit No. PA00256152023-07-18018 July 2023 Submittal of Discharge Monitoring Report, (NPDES) Permit No. PA0025615 ML23188A0982023-07-17017 July 2023 Correction to the Safety Evaluation Issued Related to Amendment Nos. 321 and 211 Consolidate Fuel Decay Time Technical Specifications in a New Limiting Condition for Operation Titled Decay Time ML23188A0672023-07-10010 July 2023 Project Manager Assignment L-23-165, Discharge Monitoring Report (NPDES) Permit No. PA00256152023-06-26026 June 2023 Discharge Monitoring Report (NPDES) Permit No. PA0025615 L-23-139, Response to Request for Additional Information Regarding Fall 2022 180-Day Steam Generator Tube Inspection Report2023-06-13013 June 2023 Response to Request for Additional Information Regarding Fall 2022 180-Day Steam Generator Tube Inspection Report ML23157A1072023-06-0707 June 2023 Request for Information and Notification of Conduct of IP 71111.21.N.04, Age-Related Degradation, Reference Inspection Report 05000334/2023011 and 05000412/2023011 ML23143A0272023-05-23023 May 2023 Licensed Operator Positive Fitness-For-Duty Test L-23-055, Submittal of the Updated Final Safety Analysis Report, Revision 342023-05-23023 May 2023 Submittal of the Updated Final Safety Analysis Report, Revision 34 ML23102A1472023-05-22022 May 2023 Issuance of Amendment Nos. 321 and 211 Consolidate Fuel Decay Time Technical Specifications in a New Limiting Condition for Operation Titled Decay Time L-23-065, Annual Financial Report2023-05-22022 May 2023 Annual Financial Report ML23135A7872023-05-19019 May 2023 Summary of Conference Calls Regarding the Spring 2023 Steam Generator Tube Inspections L-23-137, Discharge Monitoring Report (NPDES) Permit No. PA00256152023-05-18018 May 2023 Discharge Monitoring Report (NPDES) Permit No. PA0025615 ML23124A1742023-05-17017 May 2023 Energy Harbor Fleet Vistra License Transfer - Request for Withholding Information from Public Disclosure for Commance Peak Plant, Units 1 & 2, Beaver Valley Station, Units 1 & 2, Davis Besse Station, Unit 1 and Perry Plant, Unit 1 L-23-125, Cycle 24 Core Operating Limits Report2023-05-17017 May 2023 Cycle 24 Core Operating Limits Report ML23124A3882023-05-16016 May 2023 Summary of Regulatory Audit in Support of License Amendment Request to Revise Technical Specification 5.6.3, Core Operating Limits Reports (COLR) and TS 4.2.1 Fuel Assemblies ML23129A0112023-05-16016 May 2023 Notice of Consideration of Approval of Indirect and Direct License Transfer for Comanche Peak Plant, Units 1 & 2, Beaver Valley Station, Units 1 & 2, Davis Besse Station, Unit 1 and Perry Plant, Unit 1 (EPID L-2023-LLM-0000) (Letter) L-23-132, Response to NRC Regulatory Issue Summary 2023-01 Preparation and Scheduling of Operator Licensing Examinations2023-05-10010 May 2023 Response to NRC Regulatory Issue Summary 2023-01 Preparation and Scheduling of Operator Licensing Examinations IR 05000334/20230012023-05-0808 May 2023 Integrated Inspection Report 05000334/2023001 and 05000412/2023001 L-23-129, Response to Request for Additional Information for 10 CFR 50.55a Request 2-TYP-4-RV-06 for Alternative Repair Methods for Reactor Pressure Vessel Head Penetrations2023-05-0505 May 2023 Response to Request for Additional Information for 10 CFR 50.55a Request 2-TYP-4-RV-06 for Alternative Repair Methods for Reactor Pressure Vessel Head Penetrations ML23118A3812023-04-28028 April 2023 10 CFR 50.55a Request 2-TYP-4-RV-06 for Alternative Repair Methods for Reactor Pressure Vessel Head Penetrations L-23-115, Submittal of 2022 Annual Radioactive Effluent Release Report, 2022 Annual Radiological Environmental Operating Report, and 2022 Annual Environmental Operating Report (Non-Radiological2023-04-27027 April 2023 Submittal of 2022 Annual Radioactive Effluent Release Report, 2022 Annual Radiological Environmental Operating Report, and 2022 Annual Environmental Operating Report (Non-Radiological L-23-126, Discharge Monitoring Report (Npdes), Permit No. PA00256152023-04-22022 April 2023 Discharge Monitoring Report (Npdes), Permit No. PA0025615 CP-202300181, ISFSI, Beaver Valley, Units 1 and 2, ISFSI, Davis-Besse, Unit 1, ISFSI, Perry, Unit 1, ISFSI, Corrected Affidavit for Application for Order Consenting to Transfer of Licenses and Conforming License Amendments2023-04-20020 April 2023 ISFSI, Beaver Valley, Units 1 and 2, ISFSI, Davis-Besse, Unit 1, ISFSI, Perry, Unit 1, ISFSI, Corrected Affidavit for Application for Order Consenting to Transfer of Licenses and Conforming License Amendments ML23107A2502023-04-18018 April 2023 Requalification Program Inspection 2024-01-25
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EDO Principal Correspondence Control FROM: DUE: 05/23/05 EDO CONTROL: G20050272 DOC DT: 04/12/05 FINAL REPLY:
David A. Lochbaum Union of Concerned Scientists Reyes, EDO FOR SIGNATURE OF : ** GRN ** CRC NO:
Dyer, NRR DESC: ROUTING:
2.206 - Enforcement Action Against FirstEnergy for Reyes Beaver Valley 10 CFR 50.9 Violation Virgilio Kane Merschoff Silber Dean DATE: 04/18/05 Burns Collins, RI ASSIGNED TO: CONTACT: Cyr, OGC Skay, NRR NRR Dyer Goldberg, OGC SPECIAL INSTRUCTIONS OR REMARKS:
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J asUnion of Concerned Scientists Ctzons Sdebsts bor EncnmefnnW BdusIO April 12,2005 Luis A. Reyes, Executive Director for Operations U.S. Nuclear Regulatory Commission Washington, DC 20555-0001
SUBJECT:
PETITION PURSUANT TO 10 CFR 2.206 - ENFORCEMENT ACTION AGAINST FIRSTENERGY FOR BEAVER VALLEY 10 CFR 50.9 VIOLATION
Dear Mr. Reyes:
Pursuant to the §2.206 of Title 10 of the Code of Federal Regulations, the Union of Concerned Scientists submits this petition seeking enforcement action against the FirstEnergy Nuclear Operating Company.
What enforcement action do we seek?
UCS requests that NRC either impose a civil penalty of at least $55,000 or move the license renewal application for Beaver Valley to the end of the current queue.
Why is enforcement action warranted?
NRC news release No.05-052 dated March 24, 2005, reported that the NRC returned the license renewal application submitted by FirstEnergy on February 9, 2005. Mr. David Matthews, Director of the Division of Regulatory Improvement Programs at NRC, is quoted in this news release as saying:
The NRC's primary mission is ensuringprotection of public health and safety, and we can't do thatfor an additional20 years of Beaver Valey operation unless we have complete, accurateand up-to-date information on the plant. Given the gaps in the current application, we simply could not properly review FirstEnergy'srequest.
The NRC determined that the February 9t submittal by FirstEnergy was not complete and accurate in all material respects. This is a violation of 10 CFR 50.9 paragraph (a):
§ 50.9 Completeness and accuracy of information.
(a) Information provided to the Commission by an applicantfor a license or by a licensee or information requiredby statute or by the Commission's regulations, orders, or license conditions to be maintainedby the applicantor the licensee shall be complete and accurate in all material respects.
Could FirstEnergy have submitted a complete and accurate license renewal application?
FirstEnergy had no excuse for submitting a incomplete and inaccurate application.
The NRC has publicly provided reams of guidance on its expectations. Posted on the NRC's website at htp://www.nrc.gov/reactors/operatingllicensing/renewal/guidance.html are numerous aids that FirstEnergy could have used to ensure its application was complete and accurate. For example, the NRC Washington Office: 1707 H Street NW Suite 600 *Washington DC 20006-3919
- FAX: 202-223-6162 Cambridge Headquarters: Two Brattle Square
- FAX: 617-864-9405 California Office: 2397 Shattuck Avenue Suite 203
- FAX: 510-843-3785 EDO -- G20050272
April 12,2005 Page 2 of 3 provides the Generic Aging Lessons Learned (GALL) report, the Nuclear Energy Institute guidance on license renewal applications, the Standard Review Plan, and even the agency's internal inspection procedures and office instructions on license renewal. The NRC's expectation could not have been more available and clear.
But there was ample information readily available in addition to the voluminous NRC guidance. The NRC had already approved license renewal for twenty-eight (28) reactors prior to the submission of the Beaver Valley application. These applications and the NRC's Safety Evaluation Reports were publicly available to FirstEnergy.
The pathway to a complete and accurate license renewal application was marked very well by the NRC.
This pathway was illuminated very well by the industry. FirstEnergy has zero excuse for wandering off such a well-marked, well-illumninated path.
Why is a civil penalty of $55,000 appropriate?
In Enforcement Action EA-088 dated June 27, 2001, the NRC imposed a $55,000 fine on the licensee of the Palisades nuclear plant for failing to provide complete and accurate information to the agency in letters dated February 16, 2000, and February 18, 2000. The NRC noted:
The NRC staff is satisfied that the failure to provide complete and accurate information was the result of an oversight on the part of members of your staff and not a deliberate act to withhold information materialto the NRC's decision making process.
Thus, FirstEnergy need not deliberately provide incomplete and inaccurate information to the NRC in order to violate 10 CFR 50.9, just as the Palisades licensee's actions were not found to be deliberate.
FirstEnergy deserves the same sanction for the same violation.
FirstEnergy is currently under investigation by the U.S. Department of Justice based on a referral in September 2003 from the NRC about apparent incomplete and inaccurate information provided byFirstEnergy to the NRC in fall 2001. While this case is ongoing, it has already compelled FirstEnergy to formally explain to the NRC how it would ensure the completeness and accuracy of submittals to the NRC. Specifically, by letter dated October 24, 2003, FirstEnergy's Chief Nuclear Officer informed the NRC Region m Regional Administrator that:
FENOC has taken actions to ensure thatfuture regualtory submittals are complete and accurate in all material respects. In April 2003, the procedurefor preparationof outgoing correspondence to the NRC was revised to require that the statements offact for applicable regualtory submittals be properly validated before the submittal can be issued. Additionally site supervisorypersonnel have been given training to ensure that they are cognizant of the requirements of 10 CFR 50.9 and the implicationsof not complying with those requirements.
It is time for the consequences of not complying with those requirements to be felt.
What is the alternative sanction and why is it appropriate?
Instead of imposing a civil penalty, the NRC could move the license renewal application for Beaver Valley to the end of the current queue. The current queue is specified by the NRC on its website at http://www.nrc.gov/reactorsLoperatingtlicensinpe/renewal/applications.html#future.
Due to resource constraints that have been very publicly discussed (e.g., NRC Regulatory Issue Summaries 2001-021 dated November 16, 2001, and 2000-004 dated March 16, 2000), the NRC cannot process many license renewal applications concurrently. The license renewal application queue was a process worked out between NRC and its licensees to effectively manage the license renewal application review effort. This queue has an implicit assumption that the applications will be complete and accurate and allow NRC to conduct its reviews. By violating 10 CFR 50.9 with an inaccurate and incomplete
April 12,2005 Page 3 of 3 license renewal application submittal, FirstEnergy is forcing the NRC to expend additional resource re-checking the next submittal. The quality of the NRC's reviews can be compromised if it attempts to conduct too many reviews concurrently.
Moving the Beaver Valley license renewal application re-submission to the end of the current queue would give FirstEnergy amply time to ensure it is complete and accurate. It would allow NRC to review the re-submittal without jeopardizing the quality of staff reviews of applications submitted in accordance with 10 CFR 50.9. Thus, it is an appropriate sanction for FirstEnergy's violation.
Sincerely, David Lochbaum Nuclear Safety Engineer Union of Concerned Scientists 1707 H Street NW, Suite 600 Washington, DC 20006 (202) 223-6133, x1 13