ML071340325
| ML071340325 | |
| Person / Time | |
|---|---|
| Site: | Beaver Valley, Davis Besse, Perry (DPR-066, NPF-003, NPF-058, NPF-073) |
| Issue date: | 05/14/2007 |
| From: | Carpenter C NRC/OE |
| To: | Alexander A FirstEnergy Nuclear Operating Co |
| Starkey D | |
| Shared Package | |
| ML071340321 | List: |
| References | |
| EA-07-123, EN-07-028, FOIA/PA-2007-0299 | |
| Download: ML071340325 (5) | |
Text
May 14, 2007 EA-07-123 Mr. Anthony Alexander Chief Executive Officer FirstEnergy Nuclear Operating Company 76 South Main Street Akron, OH 44308
SUBJECT:
DEMAND FOR INFORMATION
Dear Mr. Alexander:
The enclosed Demand for Information (DFI) is being issued in response to information provided by FirstEnergy Nuclear Operating Company (FENOC) relative to its re-analysis of the timeline and root causes for the 2002 Davis-Besse reactor pressure vessel head degradation event.
The Nuclear Regulatory Commission (NRC) requires information in order to understand and determine the appropriateness of FENOCs actions following its receipt of a report prepared by its contractor, Exponent Failure Analysis Associates and Altran Solutions Corporation (Exponent), that provided a re-analysis of the timeline and root causes of the 2002 Davis Besse reactor pressure vessel head degradation event (2002 event). In particular, given the significant changes in the timelines, the NRC needs further detailed and specific information relative to the timing of FENOCs review of the Exponent Report and the factors it considered when determining if the conclusions should be communicated to the NRC.
The NRC also needs information to understand the depth and completeness of FENOCs evaluation of the assumptions, methods, and conclusions of the Exponent Report. In particular, the NRC requires detailed and specific information with regard to differences between the assumptions, methods, and conclusions of the Exponent Report and the technical and programmatic root cause reports previously developed by FENOC relative to the 2002 event.
This information is also needed for the NRC to determine the appropriateness of FENOCs assessment of the continued adequacy of corrective actions taken in response to the 2002 event.
Finally, the NRC requires information in order to understand FENOCs position regarding a second contracted report that was prepared for FENOC entitled, Report of Reactor Pressure
A. Alexander 2
Vessel Wastage at the Davis-Besse Nuclear Power Plant, dated December 2006. In particular, the NRC requires detailed and specific information relative to FENOCs assessment and endorsement of the reports conclusions and the implications of any new positions taken by FENOC compared to those previously communicated to the NRC in response to the NRCs Notice of Violation and Proposed Imposition of Civil Penalties, dated April 21, 2005.
You are required to provide a written response to this Demand for Information and should follow the instructions in Section III of the Demand for Information. In addition, you are requested to contact Mr. Doug Starkey, of my staff, at 301-415-3456, within 7 days of the date of this letter in order to identify a date when a management meeting may be held to discuss your written response to this Demand for Information.
Failure to comply with the provisions of this Demand for Information may result in enforcement action, including, if appropriate, criminal prosecution in accordance with Section 223 of the Atomic Energy Act of 1954, as amended.
In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter, its enclosure(s), and your response will be made available electronically for public inspection in the NRC Public Document Room or from the NRCs document system (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. To the extent possible, your response should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the Public without redaction. If personal privacy or proprietary information is necessary to provide an acceptable response, please provide a bracketed copy of your response that identifies the information that should be protected and a redacted copy of your response that deletes such information. If you request withholding of such information, you must specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim of withholding (e.g., explain why the disclosure of information will create an unwarranted invasion of personal privacy or provide the information required by 10 CFR 2.390(b) to support a request for withholding confidential commercial or financial information). If safeguards information is necessary to provide an acceptable response, please provide the level of protection, described in 10 CFR 73.21.
Sincerely,
/RA/
Cynthia A. Carpenter, Director Office of Enforcement Docket Nos. 50-346; 50-440; 50-334; 50-412 License Nos. NPF-3; NPF-58; DPR-66; NPF-73
Enclosure:
Demand for Information cc w/encl: (See Page 3)
A. Alexander 3
cc w/encl:
The Honorable George V. Voinovich The Honorable Dennis Kucinich J. Lash, Senior Vice President of Operations and Chief Operating Officer Richard Anderson, Vice President, Nuclear Support Mark Bezilla, Site Vice President, Davis-Besse L. W. Pearce, Site Vice President, Perry Manager - Site Regulatory Compliance D. Pace, Senior Vice President of of Fleet Engineering J. Rinckel, Vice President, Fleet Oversight D. Jenkins, Attorney, FirstEnergy R. Anderson, Vice President, Nuclear Support Director, Fleet Regulatory Affairs Manager, Fleet Licensing Ohio State Liaison Officer R. Owen, Administrator, Ohio Department of Health Public Utilities Commission of Ohio D. Hill, Chief, Radiological Health Program, State of West Virginia J. Lewis, Commissioner, Division of Labor, State of West Virginia W. Hill, Beaver County Emergency Management Agency J. Johnsrud, National Energy Committee, Sierra Club President, Lucas County Board of Commissioners President, Ottawa County Board of Commissioners R. Owen, Ohio Department of Health M. Clancey, Mayor, Shippingport, PA D. Allard, PADEF Ohio State Liaison Officer Pennsylvania State Liaison Officer
A. Alexander 2
Vessel Wastage at the Davis-Besse Nuclear Power Plant, dated December 2006. In particular, the NRC requires detailed and specific information relative to FENOCs assessment and endorsement of the reports conclusions and the implications of any new positions taken by FENOC compared to those previously communicated to the NRC in response to the NRCs Notice of Violation and Proposed Imposition of Civil Penalties, dated April 21, 2005.
You are required to provide a written response to this Demand for Information and should follow the instructions in Section III of the Demand for Information. In addition, you are requested to contact Mr. Doug Starkey, of my staff, at 301-415-3456, within 7 days of the date of this letter in order to identify a date when a management meeting may be held to discuss your written response to this Demand for Information.
Failure to comply with the provisions of this Demand for Information may result in enforcement action, including, if appropriate, criminal prosecution in accordance with Section 223 of the Atomic Energy Act of 1954, as amended.
In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter, its enclosure(s), and your response will be made available electronically for public inspection in the NRC Public Document Room or from the NRCs document system (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. To the extent possible, your response should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the Public without redaction. If personal privacy or proprietary information is necessary to provide an acceptable response, please provide a bracketed copy of your response that identifies the information that should be protected and a redacted copy of your response that deletes such information. If you request withholding of such information, you must specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim of withholding (e.g., explain why the disclosure of information will create an unwarranted invasion of personal privacy or provide the information required by 10 CFR 2.390(b) to support a request for withholding confidential commercial or financial information). If safeguards information is necessary to provide an acceptable response, please provide the level of protection, described in 10 CFR 73.21.
Sincerely,
/RA/
Cynthia A. Carpenter, Director Office of Enforcement Docket Nos. 50-346; 50-440; 50-334; 50-412 License Nos. NPF-3; NPF-58; DPR-66; NPF-73
Enclosure:
Demand for Information cc w/encl: (See Page 3) DISTRIBUTION: (See attached page)
G Publicly Available G Non-Publicly Available G Sensitive G Non-Sensitive OFFICE OE RIII RIII RES NRR NAME D. Starkey K. OBrien J. Caldwell M. Johnson J. Dyer DATE 5/14/07 5/14 /07 5/14/07 5/14/07 5/14/07 OFFICE OGC OE NAME L. Chandler C. Carpenter DATE 5/14/07 5/14 /07 OFFICIAL RECORD COPY
DISTRIBUTION: (Ltr. And order to Mr. Anthony Alexander)
Dated: May 14, 2007 ADAMS (PARS)
SECY OCA L. Reyes, EDO W. Kane, DEDR C. Carpenter, OE C. Montgomery, OE Solorio, OE D. Starkey, OE J. Caldwell, RIII G. Grant, RIII M. Satorius, RIII S. West, RIII C. Pederson, RIII A. Boland, RIII L. Chandler, OGC B. Jones, OGC L. Clark, OGC J. Dyer, NRR D. Holody, Enforcement Officer, RI C. Evans, Enforcement Officer, RII K. OBrien, Enforcement Officer, RIII K. Fuller, Enforcement Officer, RIV M. Ashley, Enforcement Coordinator, NRR Resident Inspector E. Brenner, OPA H. Bell, OIG G. Caputo, OI S. Langan, RIII:OI J. Ulie, RIII:OI M. Janicki, RIII:OI N. Hane, RIII:OI C. Weil, RIII E. Duncan, RIII V. Mitlyng, RIII:PA R. Lickus, RIII S. Minnick, RIII J. Lynch, RIII R. Summers, RI A. DeFrancisco, RI N. McNamara, RI M. McLaughlin, RI RI:PAO OEWEB OEMAIL OAC3