ML071300245

G20070297 - Letter to Mr. D. Lochbaum Protection Against Control Rod Drive Mechanism Nozzle Leakage Fast Corrosion Scenario or More Firstenergy Falsehoods - Davis-Besse

ML071300245
Person / Time
Site:	Davis Besse
Issue date:	05/18/2007
From:	Dyer J Office of Nuclear Reactor Regulation
To:	Lochbaum D Union of Concerned Scientists
Wengert, Thomas J, NRR/DORL, 415-4037
Shared Package
ML071300269	List: ML071210285 ML071300245
References
2.206, FOIA/PA-2007-0299, G20070297, TAC MD5449
Download: ML071300245 (5)

Text

May 18, 2007 Mr. David Lochbaum Director, Nuclear Safety Project Union of Concerned Scientists 1707 H Street NW Suite 600 Washington, DC 20006-3919

Dear Mr. Lochbaum:

Your petition dated April 30, 2007, addressed to the Executive Director for Operations at the Nuclear Regulatory Commission (NRC), has been referred to me pursuant to 10 CFR 2.206 of the Commission's regulations. In your petition, you requested the following actions:

1. Immediately Order the Davis-Besse reactor to shut down and remain shut down until the NRC completes an independent review of a recently submitted report (Exponent report),

which was performed for Davis-Besse by Exponent Failure Analysis Associates and Altran Solutions Corporation (Exponent).

2. If the NRCs independent review determines that the small leak and fast corrosion rate scenario described in the FirstEnergy Nuclear Operating Company (FENOC)-submitted report is valid, immediately Order all pressurized water reactors (PWRs) in the United States to be shut down and remain shut down until the NRC approved either (a) an inspection scope and frequency based on the new scenario that provides protection against the Davis-Besse head damage or (b) an installed leak detection capability that would alert control room operators to small leakage from one or more CRDM nozzles so that repairs could occur prior to damage progressing to Davis-Besse depths.

3. If the NRCs independent review determines that FENOC has submitted yet another inaccurate report to the NRC, revoke the operating license for Davis-Besse.

As the basis for your request for immediate action on Item #1, you stated that an immediate shut down of Davis-Besse is warranted to protect public health and safety, whether the NRC determines that the fast corrosion rate scenario described by the Exponent report is valid or invalid.

I would like to express my appreciation for your effort in bringing these matters to the attention of the NRC.

In accordance with NRC Management Directive 8.11, a Petition Review Board (PRB) was assembled to review your request. The PRB met on May 2, 2007, to discuss your request for immediate action (Item #1 above). On May 3, 2007, you were notified by telephone that the PRB denied your request for immediate shutdown of the Davis-Besse reactor because the NRC staff had performed an assessment of the Exponent report (Agencywide Documents Access and Management System Accession No. ML071240254) and had concluded that the current

D. Lochbaum reactor pressure vessel (RPV) head inspection requirements are adequate to detect RPV head degradation issues before they result in significant corrosion.

Based on this NRC staff assessment of the Exponent report, and other actions taken by the NRC and the licensee, the NRC believes that no immediate safety concern exists at Davis-Besse. The NRC staff understands that the Exponent report assumes that a minimum 5 year period of crack growth is necessary to initiate the rapid erosion/corrosion rates implied by the reports hypothesized scenario. This scenario is based on the use of NRC-sponsored test results of the specific heat of material used in the affected vessel head penetration nozzle at Davis-Besse. The current NRC vessel head inspection requirements, imposed by the First Revised NRC Order EA-03-009, dated February 20, 2004, are designed to identify cracking in vessel head penetration nozzles before significant vessel head corrosion could occur.

It is important to also note that the Davis-Besse licensee replaced the reactor vessel head in 2004. Therefore, the head has been in service for only 3 years, which is significantly less than the time needed to initiate cracking of vessel head penetration nozzle surface, based on previous operational experience.

The NRC is confident that there is no immediate safety concern at Davis-Besse, and that the actions taken serve as a sound basis for denying Item #1 of your petition.

The PRB has not made initial determinations concerning Items #2 and #3 of your petition request. You will be contacted when those determinations have been made.

Sincerely,

/RA by JWiggins for/

J. E. Dyer, Director Office of Nuclear Reactor Regulation Docket No. 50-346 cc: Mark B. Bezilla (with incoming)

Site Vice President FirstEnergy Nuclear Operating Company Mail Stop A-DB-3080 5501 North State, Route 2 Oak Harbor, OH 43449-9760 See next page

D. Lochbaum reactor pressure vessel (RPV) head inspection requirements are adequate to detect RPV head degradation issues before they result in significant corrosion.

Based on this NRC staff assessment of the Exponent report, and other actions taken by the NRC and the licensee, the NRC believes that no immediate safety concern exists at Davis-Besse. The NRC staff understands that the Exponent report assumes that a minimum 5 year period of crack growth is necessary to initiate the rapid erosion/corrosion rates implied by the reports hypothesized scenario. This scenario is based on the use of NRC-sponsored test results of the specific heat of material used in the affected vessel head penetration nozzle at Davis-Besse. The current NRC vessel head inspection requirements, imposed by the First Revised NRC Order EA-03-009, dated February 20, 2004, are designed to identify cracking in vessel head penetration nozzles before significant vessel head corrosion could occur.

It is important to also note that the Davis-Besse licensee replaced the reactor vessel head in 2004. Therefore, the head has been in service for only 3 years, which is significantly less than the time needed to initiate cracking of vessel head penetration nozzle surface, based on previous operational experience.

The NRC is confident that there is no immediate safety concern at Davis-Besse, and that the actions taken serve as a sound basis for denying Item #1 of your petition.

The PRB has not made initial determinations concerning Items #2 and #3 of your petition request. You will be contacted when those determinations have been made.

Sincerely,

/RA by JWiggins for/

J. E. Dyer, Director Office of Nuclear Reactor Regulation Docket No. 50-346 cc: Mark B. Bezilla (with incoming)

Site Vice President FirstEnergy Nuclear Operating Company Mail Stop A-DB-3080 5501 North State, Route 2 Oak Harbor, OH 43449-9760 See next page Distribution: G20070297 PUBLIC RidsNrrPMTWengert RidsOgcMailCenter LPL3-2 R/F RidsNrrLAEWhitt RidsEDOMailCenter RidsNrrDorl TMensah, NRR RidsOpaMail RidsNrrDorlLpl3-2 RidsAcrsAcnwMailCenter RidsRgn3MailCenter RidsNrrDpr RidsNrrWpcMail RidsNrrOd RidsNrrDprPspb RidsOgcRp RidsOeMailCenter RidsNrrAdro Package Accession No.: ML071300269 Incoming Accession No.: ML071210285 Acknowledgement letter: ML071300245 OFFICE LPL3-2/PM LPL3-2/LA LPL3-2/BC DPR/DD (A) DORL/D (A) NRR/D NAME TWengert EWhitt RGibbs JGolder TMcGinty JDyer BClayton for JWiggins for DATE 05/16/07 05/16/07 05/16/07 05/16/07 05/16/07 05/18/07 OFFICIAL RECORD COPY

Davis-Besse Nuclear Power Station, Unit 1 cc:

Manager, Site Regulatory Compliance Attorney General FirstEnergy Nuclear Operating Company Office of Attorney General Davis-Besse Nuclear Power Station 30 East Broad Street Mail Stop A-DB-3065 Columbus, OH 43216 5501 North State Route 2 Oak Harbor, OH 43449-9760 President, Board of County Commissioners of Ottawa County Director, Ohio Department of Commerce Port Clinton, OH 43252 Division of Industrial Compliance Bureau of Operations & Maintenance President, Board of County 6606 Tussing Road Commissioners of Lucas County P.O. Box 4009 One Government Center, Suite 800 Reynoldsburg, OH 43068-9009 Toledo, OH 43604-6506 Regional Administrator, Region III The Honorable Dennis J. Kucinich U.S. Nuclear Regulatory Commission United States House of Representatives Suite 210 Washington, D.C. 20515 2443 Warrenville Road Lisle, IL 60532-4352 The Honorable Dennis J. Kucinich United States House of Representatives Resident Inspector 14400 Detroit Avenue U.S. Nuclear Regulatory Commission Lakewood, OH 44107 5503 North State Route 2 Oak Harbor, OH 43449-9760 Joseph J. Hagan President and Chief Nuclear Officer Stephen Helmer FirstEnergy Nuclear Operating Company Supervisor, Technical Support Section Mail Stop A-GO-19 Bureau of Radiation Protection 76 South Main Street Ohio Department of Health Akron, OH 44308 35 East Chestnut Street, 7th Floor Columbus, OH 43215 David W. Jenkins, Attorney FirstEnergy Corporation Carol OClaire, Chief, Radiological Branch Mail Stop A-GO-18 Ohio Emergency Management Agency 76 South Main Street 2855 West Dublin Granville Road Akron, OH 44308 Columbus, OH 43235-2206 Danny L. Pace Zack A. Clayton Senior Vice President, Fleet Engineering DERR FirstEnergy Nuclear Operating Company Ohio Environmental Protection Agency Mail Stop A-GO-14 P.O. Box 1049 76 South Main Street Columbus, OH 43266-0149 Akron, OH 44308 State of Ohio Manager, Fleet Licensing Public Utilities Commission FirstEnergy Nuclear Operating Company 180 East Broad Street Mail Stop A-GO-2 Columbus, OH 43266-0573 76 South Main Street Akron, OH 44308

Davis-Besse Nuclear Power Station, Unit 1 cc:

Director, Fleet Regulatory Affairs FirstEnergy Nuclear Operating Company Mail Stop A-GO-2 76 South Main Street Akron, OH 44308 Jeannie M. Rinckel Vice President, Fleet Oversight FirstEnergy Nuclear Operating Company Mail Stop A-GO-14 76 South Main Street Akron, OH 44308 Richard Anderson Vice President, Nuclear Support FirstEnergy Nuclear Operating Company Mail Stop A-GO-14 76 South Main Street Akron, OH 44308 James H. Lash Senior Vice President of Operations and Chief Operating Officer FirstEnergy Nuclear Operating Company Mail Stop A-GO-14 76 South Main Street Akron, OH 44308