ML081260005

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G20080283/EDATS: SECY-2008-0245/LTR-08-0223 - Rep. Chris Smith & Rep. Jim Saxton Ltr from R. W. Borchardt Oyster Creek License Renewal Application
ML081260005
Person / Time
Site: Oyster Creek
Issue date: 05/16/2008
From: Borchardt R
NRC/EDO
To: Saxton J, Casey Smith
US HR (House of Representatives)
Ashley D NRR/DLR 415-3191
Shared Package
ML081270314 List:
References
EDATS: SECY-2008-0245, FOIA/PA-2008-0306, G20080283, LTR-08-0223, TAC MD8575
Download: ML081260005 (10)


Text

May 16, 2008 The Honorable Chris Smith United States House of Representatives Washington, D.C. 20515

Dear Congressman Smith:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter, dated April 17, 2008, to Chairman Dale E. Klein. In your letter you expressed concern about not only the agencys methodologies for calculating risk assessments for metal fatigue of recirculation nozzles at Oyster Creek Generating Station (Oyster Creek), but also the agencys timeliness of providing information to your office. I would like to clarify the agencys position, discuss our evaluation, and reiterate our openness policy.

In your letter, you summarize the NRCs position as follows: [Oyster Creek] did not employ conservative enough methodologies in calculating risk assessments for metal fatigue of recirculation nozzles. However, staff has not yet determined whether Oyster Creek employed sufficiently conservative methodologies. For assessing fatigue for one type of nozzle, the licensee employed a simplified analysis strategy that used one stress component to represent six stress components. We have asked the licensee to reanalyze that nozzle using the six stress components. The licensee submitted these results in a letter dated May 1, 2008, and the staff is determining whether the simplified methodology is adequately conservative. The analysis does not calculate risk but does calculate fatigue usage consistent with American Society of Mechanical Engineer (ASME)Section III analysis rules. The ASME Code contains acceptance criteria but does not stipulate which analysis methods should be used. Standard practice is to simplify complex analyses when appropriately justified. We asked Oyster Creek to perform a detailed analysis only to evaluate whether they appropriately simplified the analysis when it used one stress component.

The staff will document its review of the reanalysis, and will issue a publicly available supplement to the safety evaluation report, including a thorough evaluation of the fatigue analysis. In this supplement, the staff will include any nonproprietary details of the analysis.

The staff is prohibited from disclosing information to the public that legitimately constitutes proprietary information and is submitted by the licensees as proprietary pursuant to 10 CFR 2.390(b)(3).

Through our openness policy, we view nuclear regulation as the public's business. The NRC places a high priority on keeping Congress fully and currently informed. We will notify you as soon as possible of all further developments on the Oyster Creek license renewal process.

The schedule for a final decision on relicensing has not yet been determined. The April 29, 2008, date you mention in your letter was the Commissions adjudicatory affirmation session (which had been postponed and is now tentatively scheduled for May 28, 2008). It was not the date of a final agency decision on relicensing Oyster Creek. When the agency is prepared to make a relicensing decision, you will be notified promptly.

I trust that this information is responsive to your letter.

Sincerely,

/RA/

R. W. Borchardt Executive Director for Operations cc: See next page

Oyster Creek Nuclear Generating Station cc:

Site Vice President - Oyster Creek Nuclear Generating Station AmerGen Energy Company, LLC P.O. Box 388 Forked River, NJ 08731 Senior Vice President-Operations Support AmerGen Energy Company, LLC 4300 Winfield Road Warrenville, IL 60555 Kathryn M. Sutton, Esquire Morgan, Lewis, & Bockius LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004 Patrick Mulligan, Chief Bureau of Nuclear Engineering New Jersey Department of Environmental Protection 25 Arctic Parkway Ewing, NJ 08638 Vice President - Licensing and Regulatory Affairs AmerGen Energy Company, LLC 4300 Winfield Road Warrenville, IL 60555 Regional Administrator, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406-1415 Mayor of Lacey Township 818 West Lacey Road Forked River, NJ 08731 Manager Regulatory Assurance Oyster Creek Generating Station AmerGen Energy Company, LLC P.O. Box 388 Forked River, NJ 08731 Senior Resident Inspector U.S. Nuclear Regulatory Commission P.O. Box 445 Forked River, NJ 08731 Director - Licensing and Regulatory Affairs AmerGen Energy Company, LLC Correspondence Control P.O. Box 160 Kennett Square, PA 19348 Manager Licensing - Oyster Creek Exelon Generation Company, LLC Correspondence Control P.O. Box 160 Kennett Square, PA 19348 Ron Bellamy, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406-1415 Correspondence Control Desk AmerGen Energy Company, LLC 200 Exelon Way, KSA 1-N-1 Kennett Square, PA 19348 Plant Manager Oyster Creek Nuclear Generating Station AmerGen Energy Company, LLC P.O. Box 388 Forked River, NJ 08731 Associate General Counsel Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Chief Operating Officer (COO)

AmerGen Energy Company, LLC 4300 Winfield Road Warrenville, IL 60555

Oyster Creek Nuclear Generating Station cc:

Senior Vice President - Mid-Atlantic Operations AmerGen Energy Company, LLC 200 Exelon Way, KSA 3-N Kennett Square, PA 19348

May 16, 2008 The Honorable Jim Saxton United States House of Representatives Washington, D.C. 20515

Dear Congressman Saxton:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter, dated April 17, 2008, to Chairman Dale E. Klein. In your letter you expressed concern about not only the agencys methodologies for calculating risk assessments for metal fatigue of recirculation nozzles at Oyster Creek Generating Station (Oyster Creek), but also the agencys timeliness of providing information to your office. I would like to clarify the agencys position, discuss our evaluation, and reiterate our openness policy.

In your letter, you summarize the NRCs position as follows: [Oyster Creek] did not employ conservative enough methodologies in calculating risk assessments for metal fatigue of recirculation nozzles. However, staff has not yet determined whether Oyster Creek employed sufficiently conservative methodologies. For assessing fatigue for one type of nozzle, the licensee employed a simplified analysis strategy that used one stress component to represent six stress components. We have asked the licensee to reanalyze that nozzle using the six stress components. The licensee submitted these results in a letter dated May 1, 2008, and the staff is determining whether the simplified methodology is adequately conservative. The analysis does not calculate risk but does calculate fatigue usage consistent with American Society of Mechanical Engineer (ASME)Section III analysis rules. The ASME Code contains acceptance criteria but does not stipulate which analysis methods should be used. Standard practice is to simplify complex analyses when appropriately justified. We asked Oyster Creek to perform a detailed analysis only to evaluate whether they appropriately simplified the analysis when it used one stress component.

The staff will document its review of the reanalysis, and will issue a publicly available supplement to the safety evaluation report, including a thorough evaluation of the fatigue analysis. In this supplement, the staff will include any nonproprietary details of the analysis.

The staff is prohibited from disclosing information to the public that legitimately constitutes proprietary information and is submitted by the licensees as proprietary pursuant to 10 CFR 2.390(b)(3).

Through our openness policy, we view nuclear regulation as the public's business. The NRC places a high priority on keeping Congress fully and currently informed. We will notify you as soon as possible of all further developments on the Oyster Creek license renewal process.

The schedule for a final decision on relicensing has not yet been determined. The April 29, 2008, date you mention in your letter was the Commissions adjudicatory affirmation session (which had been postponed and is now tentatively scheduled for May 28, 2008). It was not the date of a final agency decision on relicensing Oyster Creek. When the agency is prepared to make a relicensing decision, you will be notified promptly.

I trust that this information is responsive to your letter.

Sincerely,

/RA/

R. W. Borchardt Executive Director for Operations cc: See next page

Oyster Creek Nuclear Generating Station cc:

Site Vice President - Oyster Creek Nuclear Generating Station AmerGen Energy Company, LLC P.O. Box 388 Forked River, NJ 08731 Senior Vice President-Operations Support AmerGen Energy Company, LLC 4300 Winfield Road Warrenville, IL 60555 Kathryn M. Sutton, Esquire Morgan, Lewis, & Bockius LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004 Patrick Mulligan, Chief Bureau of Nuclear Engineering New Jersey Department of Environmental Protection 25 Arctic Parkway Ewing, NJ 08638 Vice President - Licensing and Regulatory Affairs AmerGen Energy Company, LLC 4300 Winfield Road Warrenville, IL 60555 Regional Administrator, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406-1415 Mayor of Lacey Township 818 West Lacey Road Forked River, NJ 08731 Manager Regulatory Assurance Oyster Creek Generating Station AmerGen Energy Company, LLC P.O. Box 388 Forked River, NJ 08731 Senior Resident Inspector U.S. Nuclear Regulatory Commission P.O. Box 445 Forked River, NJ 08731 Director - Licensing and Regulatory Affairs AmerGen Energy Company, LLC Correspondence Control P.O. Box 160 Kennett Square, PA 19348 Manager Licensing - Oyster Creek Exelon Generation Company, LLC Correspondence Control P.O. Box 160 Kennett Square, PA 19348 Ron Bellamy, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406-1415 Correspondence Control Desk AmerGen Energy Company, LLC 200 Exelon Way, KSA 1-N-1 Kennett Square, PA 19348 Plant Manager Oyster Creek Nuclear Generating Station AmerGen Energy Company, LLC P.O. Box 388 Forked River, NJ 08731 Associate General Counsel Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Chief Operating Officer (COO)

AmerGen Energy Company, LLC 4300 Winfield Road Warrenville, IL 60555

Oyster Creek Nuclear Generating Station cc:

Senior Vice President - Mid-Atlantic Operations AmerGen Energy Company, LLC 200 Exelon Way, KSA 3-N Kennett Square, PA 19348

(Package) ML081270314; (Incoming) ML08116042 Response)

ML081260005 *Concurred by e-mail **Concurred by Phone OFFICE PM:DLR LA:DLR BC:DLR OGC w/edits TECH ED*

NAME DAshley YEdmonds LLund EWilliamson (NLO) HChang DATE 05/07/08 05/07/08 05/09/08 05/08/08 05/06/08 OFFICE (A) D:DLR:NRR Region I**

D:NRR OCA EDO NAME SLee RConte ELeeds RSchmidt RBorchardt DATE 05/09/08 05/07/08 05/14/08 05/16/08 05/16/08

Letters to Representative C. Smith and J. Saxton from R. Borchardt, dated May 16, 2008 DISTRIBUTION: G20080283/LTR-08-0223/EDATS: SECY-2008-0245

SUBJECT:

Letter to Congressmen Chris Smith and Jim Saxton Concerning License Renewal at Oyster Creek Generating Station HARD COPY:

DLR RF E-MAIL:

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