ML071800082

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Summary of Public Meeting with Union of Concerned Scientists (Ucs) Petition for Enforcement Action Pursuant to 10 CFR 2.206 on Protection Against Control Rod Drive Mechanism Nozzle Leakage Fast Corrosion Scenario for Davis-Besse
ML071800082
Person / Time
Site: Davis Besse Cleveland Electric icon.png
Issue date: 07/13/2007
From: Thomas Wengert
NRC/NRR/ADRO/DORL/LPLIII-2
To:
FirstEnergy Nuclear Operating Co
Wengert, Thomas NRR/DORL 415-4037
References
FOIA/PA-2007-0299, TAC MD5449
Download: ML071800082 (6)


Text

July 13, 2007 LICENSEE: FirstEnergy Nuclear Operating Company (FENOC)

FACILITY: Davis-Besse Nuclear Power Station

SUBJECT:

SUMMARY

OF JUNE 18, 2007, PUBLIC MEETING REGARDING THE PETITION FOR ENFORCEMENT ACTION PURSUANT TO 10 CFR 2.206 ON PROTECTION AGAINST CONTROL ROD DRIVE MECHANISM NOZZLE LEAKAGE FAST CORROSION SCENARIO FOR DAVIS-BESSE NUCLEAR POWER STATION (TAC NO. MD5449)

On June 18, 2007, a Category 1 public meeting was held at the U.S. Nuclear Regulatory Commission (NRC) Headquarters, One White Flint North, 11555 Rockville Pike, Rockville, Maryland. The purpose of the meeting was to provide the Union of Concerned Scientists (UCS) an opportunity to present additional relevant information concerning their petition submitted under Title 10 of the Code of Federal Regulations (10 CFR) Part 2.206. This meeting also provided the NRC staff and FirstEnergy Nuclear Operating Company (the licensee) with an opportunity to ask clarifying questions concerning the submitted petition. A list of meeting attendees is provided as Enclosure 1.

BACKGROUND Mr. David Lochbaum (the petitioner) of the UCS had requested an opportunity to address the NRCs Petition Review Board (PRB) after learning that the PRBs initial recommendation was to reject Items #2 and #3 of his April 30, 2007, petition request (Agencywide Documents Access and Management System (ADAMS) Accession No. ML071300245).

By verbal communication on May 29, 2007, the petitioner had been informed that the PRBs initial recommendation was to reject Item #2 (the request for shutdown of all pressurized water reactors if the Exponent Report was validated by independent review) because the NRC had performed an assessment and had determined that an immediate safety concern did not exist.

The PRB determined that the request met one of the criteria for rejection described in Management Directive 8.11, since this issue had already been the subject of NRC staff review and evaluation. In addition, the NRC staffs evaluation of the May 10, 2007, supplement to the petition request concluded that it did not raise any new issues that would cause the NRC to change its assessment of the Exponent Report.

The petitioner was also informed that the PRBs initial recommendation was to reject Item #3 (revoke Davis-Besses operating license for providing inaccurate information if the Exponent Report was invalidated by independent review) for review because the petition did not meet all the criteria necessary for reviewing petitions, under 10 CFR 2.206, as described in Management Directive 8.11. Specifically, in his request, the petitioner did not present facts sufficient to constitute a basis for the requested action.

At the conclusion of the May 29, 2007, telephone call, the petitioner requested an opportunity to address the PRB at a public meeting.

MEETING

SUMMARY

The petitioner presented slides and supplemental information in support of his request for enforcement action for Items #2 and #3 of his petition request. See ADAMS Accession Nos.

ML071780028 and ML071780029, respectively. The petitioner presented additional information to support his request for the NRC to revoke the operating license for Davis-Besse, for what the petitioner believed was inaccurate information submitted to the NRC.

Following the presentation, the NRC staff asked clarifying questions of the petitioner about the presentation. A court reporter was present during the public meeting. A transcript of the proceedings is publicly available (ADAMS Accession No. ML071840004).

Members of the public were in attendance. Public Meeting Feedback forms were not received.

Please direct any inquiries to me at 301-415-4037, or tjw2@nrc.gov.

/RA/

Thomas J. Wengert, Project Manager Plant Licensing Branch LPLIII-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-346

Enclosure:

List of Attendees cc w/encls: See next page

ML071780028 and ML071780029, respectively. The petitioner presented additional information to support his request for the NRC to revoke the operating license for Davis-Besse, for what the petitioner believed was inaccurate information submitted to the NRC.

Following the presentation, the NRC staff asked clarifying questions of the petitioner about the presentation. A court reporter was present during the public meeting. A transcript of the proceedings is publicly available (ADAMS Accession No. ML071840004).

Members of the public were in attendance. Public Meeting Feedback forms were not received.

Please direct any inquiries to me at 301-415-4037, or tjw2@nrc.gov.

/RA/

Thomas J. Wengert, Project Manager Plant Licensing Branch LPLIII-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-346

Enclosure:

List of Attendees cc w/encls: See next page DISTRIBUTION:

PUBLIC T. Mensah, NRR LPL3-2 R/F J. Collins, NRR RidsNrrDorlLpl3-2 W. Bateman, NRR RidsNrrPMTWengert B. Burgess, RIII RidsNrrLAEWhitt RidsRgn3MailCenter RidsOgcRp M. Schwartz, OE RidsAcrsAcnwMailCenter H. Nieh, NRR R. Jasinski, NRR L. Clark, OGC RidsNrrAdro T. Bloomer, EDO Region III RidsNrrDorl RidsEdoMailCenter RidsNrrDci RidsNrrDpr G. Longo, OGC Package: ML071900187 Summary Accession No.: ML071800082 Meeting Notice Accession No.: ML071520343 Petitioners Slides Accession No.: ML071780028 Petitioners Handout Accession No.: ML071780029 Meeting Transcript Accession No.: ML071840004 NRC-001 OFFICE LPL3-2/PM LPL3-2/LA LPL3-2/BC NAME TWengert Ewhitt, TLH for RGibbs DATE 7/13/07 7/13/07 7/13/07 LIST OF ATTENDEES PUBLIC MEETING ON JUNE 18, 2007 DAVIS-BESSE 2.206 PETITION ON PROTECTION AGAINST CONTROL ROD DRIVE MECHANISM NOZZLE LEAKAGE FAST CORROSION SCENARIO NRC - HQ Giovanna Longo OGC Ho Nieh DPR Tanya Mensah DPR Stacey Rosenberg DPR Tom Wengert DORL Russell Gibbs DORL Lisa Regner Observer Bruce Burgess Region III Lauren Casey Observer Heather Jones Observer Holly Cruz DPR Yeon-Ki Chung DLR Jay Collins DCI Michele Evans DCI Vanice Perin DPR Undine Shoop OEDO Jessica Ruber OEDO Sandra Hackworth OI Petitioner David Lochbaum UCS Licensee Greg Halnon FENOC Dave Jenkins FENOC Members of the Public Paul Gunter NIRS Jeff Spalding Clifford & Garde Sandra Shepherd Clifford & Garde Tim Matthews Morgan Lewis Robert Haemer Pillsbury Winthrop Shaw Pittman Jane Diecker Morgan Lewis Tom Schmutz Morgan Lewis The following individuals participated by teleconference:

NRC - RIII Jim Gavula Region III Joe Ulie Region III Paul Zurawski Region III Richard Smith Region III Enclosure

Davis-Besse Nuclear Power Station, Unit No. 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-14 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-15 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 Mr. Mark B. Bezilla Vice President FirstEnergy Nuclear Operating Company Davis-Besse Nuclear Power Station Mail Stop A-DB-3080 5501 North State Route 2 Oak Harbor, OH 43449-9760 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