ML081490308
| ML081490308 | |
| Person / Time | |
|---|---|
| Site: | Oyster Creek |
| Issue date: | 05/28/2008 |
| From: | Annette Vietti-Cook NRC/SECY |
| To: | |
| SECYRAS | |
| References | |
| 06-844-01-LR, 50-219-LR, CLI-08-10, RAS H-28 | |
| Download: ML081490308 (7) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION DOCKETED 05/28/08 SERVED 05/28/08 COMMISSIONERS Dale E. Klein, Chairman Gregory B. Jaczko Peter B. Lyons Kristine L. Svinicki
)
In the Matter of )
)
AmerGen Energy Company, LLC ) Docket No. 50-219-LR
)
(License Renewal for Oyster Creek Nuclear )
Generating Station) )
)
CLI-08-10 ORDER (REQUESTING ADDITIONAL BRIEFS)
Nuclear Information and Resource Service, Jersey Shore Nuclear Watch, Inc.,
Grandmothers, Mothers and More for Energy Safety, New Jersey Public Interest Research Group, New Jersey Sierra Club, and New Jersey Environmental Federation (collectively, Citizens) have petitioned for Commission review 1 of the Initial Decision of the Atomic Safety and Licensing Board, LBP-07-17. 2 In its decision, the Board rejected Citizens challenge to the renewal of the operating license of AmerGen Energy 1
Citizens Petition for Review of LBP-07-17 and the Interlocutory Decisions in the Oyster Creek Proceeding (January 14, 2008). Initially, petitioners referred to themselves collectively as NIRS for ease of reference we use their later choice, Citizens, throughout this decision.
2 AmerGen Energy Co. LLC (Oyster Creek Nuclear Generating Station), LBP-07-17, 66 NRC 327 (2007).
2 Company, LLC (AmerGen or Applicant) for its Oyster Creek Nuclear Generating Station (Oyster Creek). AmerGen 3 and the NRC Staff 4 filed answers opposing the petition for review. Citizens replied to AmerGens and the Staffs filings. 5 The initial decision included an Additional Statement by Judge Baratta, 6 one of two technical judges on the Board, in which he expressed his agreement with the majority except on the single question of whether the Licensee has fully shown that there is reasonable assurance that the factor of safety required by the regulations will be met throughout the period of extended operation assuming a 4-year (every other refueling) inspection cycle. 7 In this connection, Judge Baratta expressed concern about the extent of knowledge about the current thickness of the drywell shell and wanted a conservative best estimate analysis of the actual drywell shell to be performed. 8 To perform this analysis, Judge Baratta suggested imposing an additional requirement on the 3-dimensional (3-D) finite element structural analysis of the drywell shell that the Applicant committed to perform prior to the period of extended operation.
3 AmerGens Answer Opposing Citizens Petition for Review of LBP-07-17 and the Interlocutory Decisions in the Oyster Creek Proceeding (January 24, 2008) (AmerGen Answer).
4 NRC Staffs Answer to Citizens Petition for Review of LBP-07-17 (January 24, 2008).
5 Citizens Consolidated Reply Regarding Petition for Review of LBP-07-17 and the Interlocutory Decisions in the Oyster Creek Proceeding (January 29, 2008).
6 LBP-07-17, 66 NRC at 373 (Additional Statement).
7 Id.
8 Id. at 376.
3 The AmerGen commitment (Staffs proposed license condition 7 9 ), on which Judge Baratta would impose the additional requirement, reads:
AmerGen will perform a 3-D finite element structural analysis of the primary containment drywell shell using modern methods and current drywell shell thickness data to better quantify the margin that exists above the Code required minimum for buckling. The analysis will include sensitivity studies to determine the degree to which uncertainties in the size of thinned areas affect Code margins. If the analysis determines that the drywell shell does not meet required thickness values, the NRC will be notified in accordance with 10 [C.F.R. Part] 50 requirements. 10 On top of this commitment, Judge Baratta would specifically require AmerGen to perform a series of sensitivity analyses, at least one of which includes the use of an extrapolation scheme to determine the thicknesses between the measured locations. 11 In its Answer to Citizens Petition for Review, in discussing this issue, AmerGen states that [i]n fact, AmerGen has committed to conduct such an analysis, including sensitivity analyses that Judge Baratta refers to in his Additional Statement. 12 In view of the foregoing, the Commission asks the parties to address the following:
Explain whether the structural analysis that AmerGen has committed to perform, and that is reflected in the Staffs proposed license condition, matches or bounds the sensitivity analyses that Judge Baratta would impose. In any event, explain whether additional analysis is necessary.
9 NRC Staff Exh. 1, at 1-18.
10 AmerGen Exh. 10, encl. at 11.
11 LBP-07-17, 66 NRC at 376.
12 AmerGen Answer at 9.
4 Initial briefs on this question should be filed fourteen days from the date of this order, and are limited to ten pages in length. If desired, reply briefs may be filed seven days later, with a five-page limitation.
For the Commission
/RA/
Annette L. Vietti-Cook Secretary of the Commission Dated at Rockville, Maryland, this 28th day of May, 2008
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
AMERICAN ENERGY COMPANY, LLC ) Docket No. 50-219-LR (ALSO KNOWN AS AMERGEN) )
)
(Oyster Creek Nuclear Generating Station) )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing COMMISSION ORDER (REQUESTING ADDITIONAL BRIEFS) (CLI-08-10) have been served upon the following persons by electronic mail this date, followed by deposit of paper copies in the U.S. mail, first class, and NRC internal mail.
Office of Commission Appellate Administrative Judge Adjudication E. Roy Hawkens, Chair U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Washington, DC 20555-0001 Mail Stop - T-3 F23 E-mail: ocaamail@nrc.gov U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: erh@nrc.gov Administrative Judge Administrative Judge Paul B. Abramson Anthony J. Baratta Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: pba@nrc.gov E-mail: ajb5@nrc.gov Mary C. Baty, Esq. Richard Webster, Esq.
James E. Adler, Esq. Julia LeMense, Esq.
Brian Newell, Paralegal Eastern Environmental Law Center Office of the General Counsel 744 Broad Street, Suite 1525 Mail Stop - O-15 D21 Newark, NJ 07102 U.S. Nuclear Regulatory Commission E-mail: rwebster@easternenvironmental.org; Washington, DC 20555-0001 jlemense@easternenvironmental.org E-mail: mcb1@nrc.gov; jea1@nrc.gov; bpn1@nrc.gov
2 Docket No. 50-219-LR COMMISSION ORDER (REQUESTING ADDITIONAL BRIEFS) (CLI-08-10)
Paul Gunter, Reactor Oversight Donald J. Silverman, Esq.
Kevin Kamps Kathryn M. Sutton, Esq.
Beyond Nuclear Alex S. Polonsky, Esq.
Nuclear Policy Research Institute Raphael P. Kuyler, Esq.
6930 Carroll Avenue, Suite 400 Morgan, Lewis & Bockius LLP Takoma Park, MD 20912 1111 Pennsyvlania Ave., NW E-mail: paul@beyondnuclear.org; Washington, DC 20004 kevin@beyondnuclear.org E-mail: dsilverman@morganlewis.com; ksutton@morganlewis.com; apolonsky@morganlewis.com; rkuyler@morganlewis.com Bradley M. Campbell, Commissioner Jill Lipoti, Director New Jersey Department of New Jersey Department of Environmental Protection Environmental Protection P.O. Box 402 Division of Environmental Safety and Health Trenton, NJ 08625-0402 P.O. Box 424 E-mail: Trenton, NJ 08625-0424 commissionercampbell@dep.state.nj.us E-mail: jill.lipoti@dep.state.nj.us Ron Zak J. Bradley Fewell, Esq.
New Jersey Department of Exelon Corporation Environmental Protection 4300 Warrenville Road Nuclear Engineering Warrenville, IL 60555 P.O. Box 415 E-mail: bradley.fewell@exeloncorp.com Trenton, NJ 08625-0415 E-mail: ron.zak@dep.state.nj.us
3 Docket No. 50-219-LR COMMISSION ORDER (REQUESTING ADDITIONAL BRIEFS) (CLI-08-10)
Suzanne Leta John A. Covino, Esq.
NJPIRG Ellen Barney Balint, Esq.
11 N. Willow St. Valerie Anne Gray, Esq.
Trenton, NJ 08608 Caroline Stahl, Esq.
E-mail: sleta@njpirg.org Deputy Attorneys General New Jersey Office of the Attorney General Environmental Permitting &
Counseling Section, Division of Law Hughes Justice Complex P.O. Box 093 Trenton, NJ 08625 E-mail: john.covino@law.dol.lps.state.nj.us; ellen.balint@dol.lps.state.nj.us; valerie.gray@dol.lps.state.nj.us; caroline.stahl@dol.lps.state.nj.us
[Original signed by Christine M. Pierpoint]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 28th day of May 2008