ML073320371

Summary of the License Renewal Meeting Held Between the U.S. Nuclear Regulatory Commission Staff and the Nuclear Energy Institute

ML073320371
Person / Time
Site:	PROJ0690
Issue date:	01/11/2008
From:	Rani Franovich NRC/NRR/ADRO/DORL/LPLI-2
To:	Nuclear Energy Institute
Muir, Jesse, PM, RPB2, 415-0491
Shared Package
ML080110614	List: ML073320371
References
Download: ML073320371 (10)

Text

January 11, 2008

ORGANIZATION: Nuclear Energy Institute

SUMMARY

OF THE LICENSE RENEWAL MEETING HELD BETWEEN THE U.S. NUCLEAR REGULATORY COMMISSION STAFF AND THE NUCLEAR ENERGY INSTITUTE

The U.S. Nuclear Regulatory Commission (NRC) staff and the Nuclear Energy Institute (NEI)

License Renewal Task Force met on May 31, 2007, to discuss recent experience with environmental site audits and requests for additional information (RAIs). Enclosure 1 is a list of the meeting's participants; Enclosure 2 is the meeting agenda; Enclosure 3 is a list of questions NEI desired to discuss during the meeting; and Enclosure 4 is a handout associated with a presentation by Jon Cudworth, TetraTech NUS. A summary of the discussions follows:

1. Follow-up to Environmental Workshop on March 21, 2007

NRC provided a historical overview of events in 2006 that led to the joint decision by the NRC and the NEI to conduct an environmental workshop, which was held March 21, 2007.

The staff summarized the events, which included problematic environmental site audits, the need to request immediate RAIs on a new license renewal application (LRA), and the inability to accept another LRA for staff review until supplemental information was provided.

The NRC indicated that the March 21, 2007, workshop was intended to address a perceived decline in Environmental Report (ER) quality by sharing with the industry the objectives of the staff's environmental review, the regulatory basis for those objectives, and the NRC's desire to be responsive, to the extent practicable, to comments on NRC documents from external stakeholders, particularly other Federal agencies. The staff also indicated that a workshop summary would be distributed tentatively in late June 2007.

2. Recent experience with environmental site audits and RAIs

In an effort to share positive lessons learned, the staff described applicant preparation and support for audit activities that added value to the site audits at James A. Fitzpatrick Nuclear Power Plant, Susquehanna Steam Electric Station and Wolf Creek Generating Station (Wolf Creek). The staff also indicated that a recent RAI associated with the Wolf Creek Environ-mental review reflected the staff's efforts to follow the established process of seeking infor-ormation needed to complete its environmental review formally. The staff acknowledged that this step in the environmental review process had not been used for some time and that some constructive feedback from the applicant would assist the staff in establishing a practice that is efficient, involves minimal burden for the applicant, and provides for the staff's informational needs. The staff further explained that supplements to an LRA,

including responses to RAIs, should be submitted under oath and affirmation. In addition, information that is publicly available is expected to be acquired by the staff, but applicants may voluntarily share this information with the NRC and would not need to provide this type of information under oath and affirmation.

3. Presentation by Mr. Jon Cudworth, representing TetraTech NUS

Mr. Jon Cudworth, TetraTech NUS, provided a presentation entitled "NRC Treatment of Issues Other Than Category 2 for License Renewal." In his presentation, Mr. Cudworth indicated that, based on his review of recently issued environmental RAIs, the NRC staff was seeking information it had not requested in previous reviews. Mr. Cudworth further asserted that the basis for the information requested was not provided and that the staff should not be requesting information on Category 1 issues. The staff responded that, without more details on the specific RAIs in question and an explanation of the "Non-GEIS or Regulatory Issues" identified in Slide 10 of Mr. Cudworth's presentation, the staff could not engage in any meaningful dialogue on the merit of these RAIs. The staff encouraged the industry to work with the environmental project managers to address project-specific concerns associated with RAI quality.

In response to the general concern of whether the NRC should be issuing RAIs on Category 1 issues, the NRC indicated that it does not request analyses for Category 1 issues, but rather descriptive information (if it is not provided in the ER) so that the staff can provide this information in the Supplemental Environmental Impact Statement. There was some question as to whether the staff needed the information to verify that the conclusions for Category 1 issues were applicable to a specific facility. The NEI suggested that a review of the process by which an applicant searched for new and significant information should be sufficient for adopting GEIS conclusions. The staff agreed, but also indicated that its ability to draw conclusions about the methodology used by an applicant to identify new and significant is determined by the quality of the ER sections that provide this information. The NRC staff indicated that it would discuss the question of RAIs for Category 1 issues with legal counsel and get back to the NEI on the results of that discussion. Likewise, Mr. Cudworth agreed to provide clarification on the topic of "Non-GEIS or Regulatory Issues" during the upcoming (June 21, 2007) quarterly meeting.

4. Other issues

The NEI indicated that new issues identified by the public and external stakeholders (i.e., Environmental Protection Agency) need to be communicated to the industry in a timely manner and in forums such as the monthly meetings. The NEI and the staff agreed that communications on emerging environmental review issues will assist future license renewal applicants in addressing those issues as they prepare their applications. They also agreed that license renewal environmental issues should be discussed during the ongoing monthly NEI teleconferences and quarterly meetings. The NEI inquired about the status of the Generic Environmental Impact Statement update. The staff indicated that the schedule was impacted by the continuing resolution of the FY 2007 budget and that a new schedule had not been finalized.

5. Public Participation

Two comments were received from a member of the public. Mr. Rich Artie expressed that groundwater protection plans should be included in the ERs submitted for license renewal.

Also, he stated there is a trend developing in radiological waste management, which includes increased scrutiny and closure of Barnwell; and that low level waste and high level waste is currently a Category 1 issue but requires more attention at site audits.

/RA/

Rani Franovich, Branch Chief Projects Branch 2 Division of License Renewal Office of Nuclear Reactor Regulation

Project No. 690

Enclosures:

1. List of Participants

2. Agenda

3. NRC Environmental Questions

4. Presentation slides by J. Cudworth

cc w/encls: See next page

ML080110614 (Pkg); ML073320371 (Mtg Summary); ML073340918 (presentation) OFFICE PM:RPB2:DLR LA:DLR BC:RPB2:DLR NAME J. Muir I. King R. Franovich DATE 12/04/07 12/04/07 1/11/08 Letter to Nuclear Energy Institute from R. Franovich dated January 11, 2008

DISTRIBUTION

SUMMARY

OF THE LICENSE RENEWAL MEETING HELD BETWEEN THE U.S. NUCLEAR REGULATORY COMMISSION STAFF AND THE NUCLEAR ENERGY INSTITUTE

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List of Participants License Renewal Meeting between the NRC Staff and the Nuclear Energy Institute May 31, 2007

Participants Affiliations Pao-Tsin (P.T.) Kuo U.S. Nuclear Regulatory Commission (NRC)

Rani Franovich NRC Raj Auluck NRC Stephen Hoffman NRC Robert Schaaf NRC Stephen Klementowicz NRC Jennifer Davis NRC Justin Leous NRC Alicia Williamson NRC Jessie Muir NRC Bo Pham NRC Andrew Stuyvenberg NRC James Ross Nuclear Energy Institute (NEI) Gordon Clefton NEI Anne Cottingham NEI Massoud Tafazzoli AREVA Michael B. Detamore PPL Susquehanna, LLC David Lewis Pillsbury Rick Buckley Entergy Nuclear Chalmer Myer Southern Nuclear David Kunsemiller FirstEnergy Nuclear Operating Company (FENOC)

Mike Banko FENOC Tom Abbatiello FPL - Energy Herb Giorgio FPL - Energy Fred Polaski Exelon Mike Fallin Constellation Energy Kathryn Sutton Morgan Lewis Mike Heath Progress Energy Anne Lovell TetraTech, NUS Jon Cudworth TetraTech, NUS Jim Oliver* TetraTech, NUS Dale Fulton Southern Company Tom Moorer Southern Company Bill Dam* Consultant Larry Ryan* Pennsylvania Bureau of Radiological Protection Steven Dolley* PLATTS Richard Schaller* STARS Richard Gallagher* Kewaunee Rich Artie* Citizen James Holthaus NMC

• Participated via phone Agenda License Renewal Meeting between the NRC Staff and the Nuclear Energy Institute May 31, 2007

1. Environmental Workshop Summary NRC

2. Recent experience with environmental site audits and Requests for additional information

a. NRC Perspective NRC

b. Industry perspective NEI

3. Public Participation All

NRC Environmental Questions for May 31 st Meeting

1. Can the NRC provide NEI a summary of the Environmental Workshop conducted in March 2007 specifically indicating what the NRC feels it articulated to the industry?

2. Why are current site audits different now than previously? What has prompted this change?

To be specific, historically site visits were not compliance audits but information gathering sessions to support the generation of the SEIS. (RG 4.2 SI, 10 CFR 51.28) Has there been a requirement change?

3. Why does the NRC believe that all references in the ER have to be submitted under oath and affirmation?

4. All immediate changes to the existing environmental review process should not be immediately implemented on LR applicants. The industry requests sufficient time to adjust all applications to new requirements. Can the NRC accommodate this request?

5. Is there any evidence of declining Environmental Report quality that is driving the need for more information? What was missing?

6. When the NRC asks for local data that is not required by the regulations but improves their understanding of an issue, they want this information in the public record. That means any information we provide on site is subject to docketing. Is there no method to agree to have a "background file" for review only, during the audit, that does not become part of the public record, unless the information is new and significant?

The presentation slides from J. Cudworth can be found in the Agencywide Documents Access and Management System (ADAMS) under the ADAMS Accession No. ML073340918. To view this presentation electronically, please visit http://www.nrc.gov/reading-rm/adams.html.

Nuclear Energy Institute

Project No. 690

cc:

Ms. Christine S. Salembier, Commissioner State Liaison Officer Department of Public Service 112 State Street, Drawer 20 Montipelier, VT 05620-2601

Mr. Frederick W. Polaski Manager License Renewal Exelon Corporation 200 Exelon Way Kennett Square, PA 19348

Mr. Clifford I. Custer Project Manager, License Renewal FirstEnergy Nuclear Operating Company P.O. Box 4 Route 168 (Mail Stop SIM-2)

Shippingport, PA 15077

Mr. Paul Gunter, Director Reactor Watchdog Project Nuclear Information & Resource Service 6930 Carroll Avenue, Suite 340 Takoma Park, MD 20912

Mr. Hugh Jackson Public Citizen's Critical Mass Energy &

Environment Program 215 Pennsylvania Avenue, SE Washington, DC 20003

Mr. Chalmer Myer 40 Inverness Center Parkway Post Office Box 1295 Birmingham, AL 35201

Ms. Mary Olson Nuclear Information & Resource Service Southeast Office P.O. Box 7586 Asheville, NC 28802

Mr. Garry G. Young Manager, License Renewal Services 1448 SR 333, N-GSB-45 Russellville, AR 72802

Ms. Lorrie Bell, Project Manager Wolf Creek Nuclear Operating Corporation P.O. Box 411 Burlington, KS 66839

Mr. Roger Stewart Progress Energy Carolinas, Inc.

3581 West Entrance Road RNP A9 Hartsville, SC 29550

Mr. Michael H. Crowthers, Supervisor Nuclear Regulatory Affairs PPL Susquehanna, LLC Two North Ninth Street (GENPL4)

Allentown, PA 18101-1179

Mr. Michael A. Balduzzi Sr. Vice President & COO Regional Operations, NE Entergy Nuclear Operations 440 Hamilton Avenue White Plains, NY 10601