ML081160139

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Summary of Meeting Regarding the Petition for Enforcement Action Pursuant to 10 CFR 2.206 on McGuire, Units 1 & 2
ML081160139
Person / Time
Site: McGuire, Mcguire  
Issue date: 05/14/2008
From: Stang J
NRC/NRR/ADRO/DORL/LPLII-1
To:
Duke Energy Carolinas
Stang J, NRR/DORL, 415-1345
Shared Package
ML081160155 List:
References
2.206, TAC MD8364, TAC MD8365
Download: ML081160139 (7)


Text

May 14, 2008 LICENSEE:

Duke Energy Carolinas, LLC (Duke)

FACILITY:

McGuire Nuclear Station, Units 1 and 2

SUBJECT:

SUMMARY

OF APRIL 7, 2008, PUBLIC MEETING REGARDING THE PETITION FOR ENFORCEMENT ACTION PURSUANT TO 10 CFR 2.206 ON MCGUIRE NUCLEAR STATION, UNITS 1 AND 2 (TAC NOS. MD8364 AND MD8365)

On April 7, 2008, a Category 3 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 an opportunity for Mr. William H. Smith (the petitioner) to present additional relevant information concerning his petition submitted under Title 10 of the Code of Federal Regulations (10 CFR) Part 2.206. This meeting also provided the NRC staff and Duke Energy Carolinas, LLC (the licensee), an opportunity to ask clarifying questions concerning the submitted petition. A list of meeting attendees is enclosed.

BACKGROUND Mr. Smith (the petitioner) of Stanley, North Carolina, had requested an opportunity to address the NRCs Petition Review Board (PRB) after learning that the PRBs initial recommendation was to reject his March 24, 2008, petition request (Agencywide Documents Access and Management System (ADAMS) Accession No. ML080850518).

In the March 24, 2008, letter, Mr. Smith requested that McGuire Nuclear Station, Unit 2 not be allowed to start up due to a potential meltdown. Mr. Smith expressed a concern that there is a potential for a massive number of tubes in A high pressure feed water heaters at the McGuire Nuclear Station, Units 1 and 2, to rupture because of broken top support plates. Mr. Smith also expressed concern that this event could cause feed water to enter the main turbine resulting in destruction of the turbine which in turn could cause extensive damage to the control room.

The petition manager (John Stang) of the NRC staff spoke with the petitioner on March 26, 2008. The petition manager informed Mr. Smith that the initial decision of the PRB was not to accept the March 24, 2008, letter as a 10 CFR 2.206 petition, because it did not address the criteria in NRC Management Directive 8.11, Review Process for 10 CFR 2.206 Petitions.

Further, the petition manager also offered Mr. Smith an opportunity to address the PRB and, to provide any relevant additional information and support for the request in light of the PRBs recommendations. Mr. Smith indicated that he would like to address the PRB by tele-conference on March 31, 2008. On March 27, 2008, the petition manager received a phone call from Mr. Smith and he indicated that he would like to first meet with the licensee and then address the PBR in person on April 7, 2008.

Duke MEETING

SUMMARY

The petitioner provided supplemental information in a letter dated April 5, 2008, in support of his request for enforcement action (See ADAMS Accession No. ML080990550). The petitioner presented the information to support his request for the NRC to prevent McGuire Nuclear Station Unit 2 from restarting from its current refueling outage. During the meeting, Mr. Smith submitted additional information including an original report prepared for the licensee by Mr. Thomas G.

Haynes of PPHX in 1990. Mr. Smith indicated that portions of the report may be proprietary in nature and requested the report to be handled in accordance with the proper NRC procedures.

By letter dated April 16, 2008, the licensee provided the NRC with a redacted version of the report (See ADAMS Accession Nos. ML081130482).

Following the presentation by Mr. Smith, 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 (See ADAMS Accession No. ML081070451).

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

Please direct any inquiries to me at 301-415-1345, or jfs2@nrc.gov.

/RA/

John F. Stang, Project Manager Plant Licensing Branch LPLII-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-369 and 50-370

Enclosure:

List of Attendees cc w/encl: See next page

ML080990550). The petitioner presented the information to support his request for the NRC to prevent McGuire Nuclear Station Unit 2 from restarting from its current refueling outage. During the meeting, Mr. Smith submitted additional information including an original report prepared for the licensee by Mr. Thomas G.

Haynes of PPHX in 1990. Mr. Smith indicated that portions of the report may be proprietary in nature and requested the report to be handled in accordance with the proper NRC procedures.

By letter dated April 16, 2008, the licensee provided the NRC with a redacted version of the report (See ADAMS Accession Nos. ML081130482).

Following the presentation by Mr. Smith, 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 (See ADAMS Accession No. ML081070451).

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

Please direct any inquiries to me at 301-415-1345, or jfs2@nrc.gov.

/RA/

John F. Stang, Project Manager Plant Licensing Branch LPLII-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-369 and 50-370

Enclosure:

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

PUBLIC T. Mensah, NRR RidsNrrPMSLingam LPL2-1 R/F S. Jones, NRR S. Gardockie, NRR RidsNrrDorlLpl2-1 (MWong)

D. Harrison, NRR J. Brady, NRR RidsNrrPMJStang R. Carroll, RII R. Carroll, NRR RidsNrrLAMOBrien R. Uhle, NRR RidsRgn2MailCenter (KWeaver)

RidsOgcRp RidsAcrsAcnw&mMailCenter D. Wright, NRR H. Nieh, NRR G. Longo, OGC M. Cox, Edo Rgn II R. Jasinski, NRR C. Tucci, NRR Package: ML081160155 Summary Accession No. ML081160139 Meeting Notice Accession No. ML080920016 NRC-001 OFFICE LPL2-1/PM LPL2-1/LA LPL2-1/BC NAME JStang MOBrien MWong DATE 5/14/08 5/13/08 5/14/08 Enclosure LIST OF ATTENDEES PUBLIC MEETING ON APRIL 7, 2008 REGARDING THE PETITION FOR ENFORCEMENT ACTION PURSUANT TO 10 CFR 2.206 ON MCGUIRE NUCLEAR STATION, UNITS 1 AND 2 (TAC NOS. MD8364 AND MD8365)

NRC - HQ Giovanna Longo OGC Ho Nieh DPR Tanya Mensah DPR John Stang DORL Melanie Wong DORL Siva Lingam DORL Donald Harrison SBPB Steve Jones SBPB Stanley Gardockie SBPB Petitioner William H. Smith Licensee Melvin Arey Duke Energy Carolinas, LLC James Kammer Duke Energy Carolinas, LLC Kate Nolan Duke Energy Carolinas, LLC Members of the Public Jane Smith Mark Wetterhahn Winston and Strawn Charles Brinkman Westinghouse The following individuals participated by teleconference:

NRC - RIII Joe Brady Senior Resident Inspector Robert Carroll DRP/PE Ryan Uhle Observer Donna Wright Observer

McGuire Nuclear Station, Units 1 & 2 cc:

Vice President McGuire Nuclear Station Duke Energy Carolinas, LLC 12700 Hagers Ferry Road Huntersville, NC 28078 Associate General Counsel and Managing Attorney Duke Energy Carolinas, LLC 526 South Church Street - EC07H Charlotte, North Carolina 28202 County Manager of Mecklenburg County 720 E. Fourth St.

Charlotte, NC 28202 Regulatory Compliance Manager Duke Energy Corporation McGuire Nuclear Site 12700 Hagers Ferry Road Huntersville, NC 28078 Senior Resident Inspector U.S. Nuclear Regulatory Commission 12700 Hagers Ferry Road Huntersville, NC 28078 Mecklenburg County Department of Environmental Protection 700 N. Tryon St Charlotte, NC 28202 Vice President Customer Relations and Sales Westinghouse Electric Company 6000 Fairview Road, 12th Floor Charlotte, NC 28210 NCEM REP Program Manager 4713 Mail Service Center Raleigh, NC 27699-4713 Assistant Attorney General NC Department of Justice P.O. Box 629 Raleigh, NC 27602 Manager Nuclear Regulatory Issues &

Industry Affairs Duke Energy Corporation 526 S. Church St.

Mail Stop EC05P Charlotte, NC 28202 Division of Radiation Protection NC Dept of Environment, Health & Natural Resources 3825 Barrett Dr.

Raleigh, NC 27609-7721 Owners Group (NCEMC)

Duke Energy Corporation 4800 Concord Road York, SC 29745 Group Vice President, Nuclear Generation

& Chief Nuclear Officer P.O. Box 1006-EC07H Charlotte, NC 28201-1006 Senior Counsel Duke Energy Carolinas, LLC 526 South Church Street - EC07H Charlotte, NC 28202