ML082410056

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G20080569/LTR-08-0451/EDATS: SECY-2008-0493 - Ltr. Jeffrey E. Piccola & Eugene A. Depasquale Findings and Responses of the NRC Office of the Inspector General Report on the License Renewal Program
ML082410056
Person / Time
Site: Three Mile Island  Constellation icon.png
Issue date: 09/22/2008
From: Borchardt R
NRC/EDO
To: Depasquale E, Piccola J
State of PA, House of Representatives, State of PA, Senate
Wrona D J, NRR/DLR/RPOB - 415-2292
References
EDATS: SECY-2008-0493, G20080569, LTR-08-0451, SECY-2008-0493
Download: ML082410056 (11)


Text

September 22, 2008 The Honorable Eugene A. DePasquale Pennsylvania State Legislature 111A East Wing PO Box 202095 Harrisburg, PA 17120

Dear Representative DePasquale:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter of August 18, 2008, regarding your concern related to the Office of the Inspector General (OIG)

Audit Report on the NRCs license renewal program. With respect to this, I can assure you that our license renewal process is fully independent, robust, and independently verifies that plants can continue to operate safely throughout the period of extended operation.

I am aware of, and appreciate, the safety responsibilities and obligations of your office to the residents of Pennsylvania. The OIG Report to which you refer did not, however, conclude that there were public health and safety risks due to past or pending re-licensing of nuclear power plants. It is important to note that the OIG findings were limited to the documentation of the technical reviews, not the sufficiency of the technical reviews. The OIG found no systematic defects in the license renewal process and concluded that, overall, NRC has developed a comprehensive license renewal process to evaluate applications for extended periods of operation. The OIG did have recommendations to refine the report quality assurance process. Specifically, it recommended that the NRC staff establish report-writing standards in the Project Team Guidance for describing the license renewal review methodology and providing support for conclusions in the license renewal reports. Regarding the OIG findings, the NRC staff has implemented improvements to the documentation of its technical reviews.

These improvements are being implemented during the staffs review of pending license renewal applications, including the Three Mile Island (TMI) review.

Before I address your concerns related to the thoroughness of our safety reviews, I must point out that our license renewal process along with our reactor oversight program independently ensures the safe operation of each nuclear power plant. The following highlights the NRCs rigorous process for considering a license renewal application. The NRC typically expends over 20,000 hours0 days <br />0 hours <br />0 weeks <br />0 months <br /> conducting each license renewal review. The review includes public meetings, in-office reviews, on-site audits, and reviews by independent bodies such as the Advisory Committee on Reactor Safeguards. During the review, the NRC staff typically sends several hundred questions or requests to the applicant for additional information or clarifications. The NRC also conducts inspections to verify that the applicants Aging Management Programs (programs that ensure the effects of aging will be managed in such a way that the intended functions of passive and long-lived structures and components will be maintained for the period of extended operation) are adequately implemented.

During the on-site audits, the staff reviews the applicants on-site program basis documents to make a determination on the adequacy of its Aging Management Programs. The results of the audits are documented in an audit report, which is made publicly available in the NRCs

E. DePasquale Agencywide Documents Access and Management System (ADAMS), the NRCs public information system. Determinations of acceptability are based on staff review guidance, consistency with the Generic Aging Lessons Learned Report (NUREG-1801, Revision 1), and compliance with Title 10 of the Code of Federal Regulations Part 54, Requirements for Renewal of Operating Licenses for Nuclear Power Plant, (10 CFR Part 54). These documents, along with the staffs technical evaluation, form the bases of the license renewal review. In addition to the NRC staffs review, the Advisory Committee on Reactor Safeguards conducts an independent assessment of the safety aspects of license renewal applications and makes recommendations directly to the Commission.

An on-site license renewal inspection is also performed by a regional inspection team while the safety review is being performed by the headquarters staff. The results of the on-site inspection are documented in an inspection report and published in ADAMS. The regional team makes a separate recommendation to the Director of the Office of Nuclear Reactor Regulation with regard to the suitability of the applicants request for license renewal.

I would like to clarify an item you brought up in your letter related to licensees making changes.

As you point out, our regulations in 10 CFR 50.59 allow licensees to make certain changes without NRC review and approval. However, the conditions that must be satisfied include factors such as those related to the frequency, likelihood, and consequences of accidents and are not related to whether the NRC has relied upon the information in past regulatory decisions.

As you are aware, our safety and environmental reviews of the TMI license renewal application are in progress. We have held several public meetings in the vicinity of the plant which were well attended and we currently plan to hold a public meeting on our Draft Environmental Impact Statement in January 2009. The NRC staff has completed environmental and safety on-site audits and continues the review of the application to ensure the regulatory requirements are met and that the plant will be able to operate safely should the license be renewed. More information, including a schedule of upcoming milestones, is available on our website at http://www.nrc.gov/reactors/operating/licensing/renewal/applications/three-mile-island.html.

If you have any additional questions regarding the license renewal process, please have your staff contact Brian Holian, Director of the Division of License Renewal at 301-415-1183.

Sincerely,

/RA/

R. W. Borchardt Executive Director of Operations

September 22, 2008 The Honorable Jeffrey E. Piccola Senate of Pennsylvania Senate Box 203015 Harrisburg, PA 17120

Dear Senator Piccola:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter of August 18, 2008, regarding your concern related to the Office of the Inspector General (OIG)

Audit Report on the NRCs license renewal program. With respect to this, I can assure you that our license renewal process is fully independent, robust, and verifies that plants can continue to operate safely throughout the period of extended operation.

I am aware of, and appreciate, the safety responsibilities and obligations of your office to the residents of Pennsylvania. The OIG Report to which you refer did not, however, conclude that there were public health and safety risks due to past or pending re-licensing of nuclear power plants. It is important to note that the OIG findings were limited to the documentation of the technical reviews, not the sufficiency of the technical reviews. The OIG found no systematic defects in the license renewal process and concluded that, overall, NRC has developed a comprehensive license renewal process to evaluate applications for extended periods of operation. The OIG did have recommendations to refine the report quality assurance process. Specifically, it recommended that the NRC staff establish report-writing standards in the Project Team Guidance for describing the license renewal review methodology and providing support for conclusions in the license renewal reports. Regarding the OIG findings, the NRC staff has implemented improvements to the documentation of its technical reviews.

These improvements are being implemented during the staffs review of pending license renewal applications, including the Three Mile Island (TMI) review.

Before I address your concerns related to the thoroughness of our safety reviews, I must point out that our license renewal process along with our reactor oversight program ensures the safety of the plant. The following highlights the NRCs rigorous process for considering a license renewal application. The NRC typically expends over 20,000 hours0 days <br />0 hours <br />0 weeks <br />0 months <br /> conducting each license renewal review. The review includes public meetings, in-office reviews, on-site audits, and reviews by independent bodies such as the Advisory Committee on Reactor Safeguards.

During the review, the NRC staff typically sends several hundred questions or requests to the applicant for additional information or clarifications. The NRC also conducts inspections to verify that the applicants Aging Management Programs (programs that ensure the effects of aging will be managed in such a way that the intended functions of passive and long-lived structures and components will be maintained for the period of extended operation) are adequately implemented.

During the on-site audits, the staff reviews the applicants on-site program basis documents to make a determination on the adequacy of its Aging Management Programs. The results of the audits are documented in an audit report, which is made publicly available in the NRCs

J. Piccola Agencywide Documents Access and Management System (ADAMS), the NRCs public information system. Determinations of acceptability are based on staff review guidance, consistency with the Generic Aging Lessons Learned Report (NUREG-1801, Revision 1), and compliance with Title 10 of the Code of Federal Regulations Part 54, Requirements for Renewal of Operating Licenses for Nuclear Power Plant, (10 CFR Part 54). These documents, along with the staffs technical evaluation, form the bases of the license renewal review. In addition to the NRC staffs review, the Advisory Committee on Reactor Safeguards conducts an independent assessment of the safety aspects of license renewal applications and makes recommendations directly to the Commission.

An on-site license renewal inspection is also performed by a regional inspection team while the safety review is being performed by the headquarters staff. The results of the on-site inspection are documented in an inspection report and published in ADAMS. The regional team makes a separate recommendation to the Director of the Office of Nuclear Reactor Regulation with regard to the suitability of the applicants request for license renewal.

I would like to clarify an item you brought up in your letter related to licensees making changes.

As you point out, our regulations in 10 CFR 50.59 allow licensees to make certain changes without NRC review and approval. However, the conditions that must be satisfied include factors such as those related to the frequency, likelihood, and consequences of accidents and are not related to whether the NRC has relied upon the information in past regulatory decisions.

As you are aware, our safety and environmental reviews of the TMI license renewal application are in progress. We have held several public meetings in the vicinity of the plant which were well attended and we currently plan to hold a public meeting on our Draft Environmental Impact Statement in January 2009. The NRC staff has completed environmental and safety on-site audits and continues the review of the application to ensure the regulatory requirements are met and that the plant will be able to operate safely should the license be renewed. More information, including a schedule of upcoming milestones, is available on our website at http://www.nrc.gov/reactors/operating/licensing/renewal/applications/three-mile-island.html.

If you have any additional questions regarding the license renewal process, please have your staff contact Brian Holian, Director of the Division of License Renewal at 301-415-1183.

Sincerely,

/RA/

R. W. Borchardt Executive Director of Operations

J. Piccola Agencywide Documents Access and Management System (ADAMS), the NRCs public information system. Determinations of acceptability are based on staff review guidance, consistency with the Generic Aging Lessons Learned Report (NUREG-1801, Revision 1), and compliance with Title 10 of the Code of Federal Regulations Part 54, Requirements for Renewal of Operating Licenses for Nuclear Power Plant, (10 CFR Part 54). These documents, along with the staffs technical evaluation, form the bases of the license renewal review. In addition to the NRC staffs review, the Advisory Committee on Reactor Safeguards conducts an independent assessment of the safety aspects of license renewal applications and makes recommendations directly to the Commission.

An on-site license renewal inspection is also performed by a regional inspection team while the safety review is being performed by the headquarters staff. The results of the on-site inspection are documented in an inspection report and published in ADAMS. The regional team makes a separate recommendation to the Director of the Office of Nuclear Reactor Regulation with regard to the suitability of the applicants request for license renewal.

I would like to clarify an item you brought up in your letter related to licensees making changes.

As you point out, our regulations in 10 CFR 50.59 allow licensees to make certain changes without NRC review and approval. However, the conditions that must be satisfied include factors such as those related to the frequency, likelihood, and consequences of accidents and are not related to whether the NRC has relied upon the information in past regulatory decisions.

As you are aware, our safety and environmental reviews of the TMI license renewal application are in progress. We have held several public meetings in the vicinity of the plant which were well attended and we currently plan to hold a public meeting on our Draft Environmental Impact Statement in January 2009. The NRC staff has completed environmental and safety on-site audits and continues the review of the application to ensure the regulatory requirements are met and that the plant will be able to operate safely should the license be renewed. More information, including a schedule of upcoming milestones, is available on our website at http://www.nrc.gov/reactors/operating/licensing/renewal/applications/three-mile-island.html.

If you have any additional questions regarding the license renewal process, please have your staff contact Brian Holian, Director of the Division of License Renewal at 301-415-1183.

Sincerely,

/RA/

R. W. Borchardt Executive Director of Operations Identical letter was sent to Mr. Eugene DePasquale.

DISTRIBUTION: G20080569/LTR-08-0451/EDATS: SECY-2008-0493 See next page

  • BC:RPOB:DLR OGC NLO w/ changes NAME SFigueroa DWrona KAzariah-Kribbs TTate (DWrona for) SUttal DATE 09/03/08 09/04/08 08/28/08 09/05/08 09/09/08 OFFICE BC:DRS:RI* D:NRR:DLR OD:NRR EDO NAME RConte BHolian ELeeds RBorchardt (BBoger for)

DATE 08/27/08 09/10/08 09/12/08 09/22/08 OFFICIAL RECORD COPY

Letter to E. DePasquale and J. Piccola from R. W. Borchardt, dated September 22, 2008 DISTRIBUTION: G20080569/LTR-08-0451/EDATS: SECY-2008-0493

SUBJECT:

NUCLEAR REGULATORY COMMISSION OFFICE OF THE INSPECTOR GENERAL REPORT ON LICENSE RENEWAL PROGRAM HARD COPY:

DLR RF E-MAIL:

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RConte, RI MMcLaughlin, RI NSheehan, RI

Beaver Valley Power Station, Units 1 and 2 cc:

Manager, Fleet Licensing Joseph J. Hagan FirstEnergy Nuclear Operating Company President and Chief Nuclear Officer Mail Stop A-GO-2 FirstEnergy Nuclear Operating Company 76 South Main Street Mail Stop A-GO-19 Akron, OH 44308 76 South Main Street Akron, OH 44308 Director, Fleet Regulatory Affairs FirstEnergy Nuclear Operating Company James H. Lash Mail Stop A-GO-2 Senior Vice President of Operations 76 South Main Street and Chief Operating Officer Akron, OH 44308 FirstEnergy Nuclear Operating Company Mail Stop A-GO-14 Manager, Site Regulatory Compliance 76 South Main Street FirstEnergy Nuclear Operating Company Akron, OH 44308 Beaver Valley Power Station Mail Stop A-BV-A Danny L. Pace P.O. Box 4, Route 168 Senior Vice President, Fleet Engineering Shippingport, PA 15077 FirstEnergy Nuclear Operating Company Mail Stop A-GO-14 Regional Administrator, Region I 76 South Main Street U.S. Nuclear Regulatory Commission Akron, OH 44308 475 Allendale Road King of Prussia, PA 19406 Jeannie M. Rinckel Vice President, Fleet Oversight Resident Inspector FirstEnergy Nuclear Operating Company U.S. Nuclear Regulatory Commission Mail Stop A-GO-14 P.O. Box 298 76 South Main Street Shippingport, PA 15077 Akron, OH 44308 Cliff Custer Paul A. Harden FirstEnergy Nuclear Operating Company Vice President, Nuclear Support Beaver Valley Power Station FirstEnergy Nuclear Operating Company P.O. Box 4, Route 168 Mail Stop A-GO-14 Shippingport, PA 15077 76 South Main Street Akron, OH 44308 Steve Dort FirstEnergy Nuclear Operating Company David W. Jenkins, Attorney Beaver Valley Power Station FirstEnergy Corporation P.O. Box 4, Route 168 Mail Stop A-GO-15 Shippingport, PA 15077 76 South Main Street Akron, OH 44308 Mike Banko FirstEnergy Nuclear Operating Company Beaver Valley Power Station P.O. Box 4, Route 168 Shippingport, PA 15077

Susquehanna Steam Electric Station,Units 1 and 2 cc:

Joseph J. Scopelliti Cornelius J. Gannon Community Relations Manager, Vice President - Nuclear Operations Susquehanna PPL Susquehanna, LLC PPL Susquehanna, LLC 769 Salem Blvd., NUCSB3 634 Salem Blvd., SSO Berwick, PA 18603-0467 Berwick, PA 18603-0467 Robert M. Paley Bryan A. Snapp, Esq.

General Manager - Plant Support Associate General Counsel PPL Susquehanna, LLC PPL Services Corporation 769 Salem Blvd., NUCSB2 Two North Ninth Street, GENTW3 Berwick, PA 18603-0467 Allentown, PA 18101-1179 Rocco R. Sgarro Document Control Services Manager - Nuclear Regulatory Affairs PPL Susquehanna, LLC PPL Susquehanna, LLC Two North Ninth Street, GENPL4 Two North Ninth Street, GENPL4 Allentown, PA 18101-1179 Allentown, PA 18101-1179 Richard W. Osborne Supervisor - Nuclear Regulatory Affairs Allegheny Electric Cooperative, Inc.

PPL Susquehanna, LLC 212 Locust Street 769 Salem Blvd., NUCSA4 P.O. Box 1266 Berwick, PA 18603-0467 Harrisburg, PA 17108-1266 Michael H. Crowthers Director, Bureau of Radiation Protection Supervisor - Nuclear Regulatory Affairs Pennsylvania Department of PPL Susquehanna, LLC Environmental Protection Two North Ninth Street, GENPL4 Rachel Carson State Office Building Allentown, PA 18101-1179 P.O. Box 8469 Harrisburg, PA 17105-8469 Ronald E. Smith General Manager - Site Preparedness Senior Resident Inspector and Services U.S. Nuclear Regulatory Commission PPL Susquehanna, LLC P.O. Box 35, NUCSA4 769 Salem Blvd., NUCSA4 Berwick, PA 18603-0035 Berwick, PA 18603-0467 Regional Administrator, Region 1 Michael H. Rose U.S. Nuclear Regulatory Commission Manager - Quality Assurance 475 Allendale Road PPL Susquehanna, LLC King of Prussia, PA 19406 769 Salem Blvd., NUCSB2 Berwick, PA 18603-0467

Susquehanna Steam Electric Station, Units 1 and 2 cc:

Board of Supervisors Salem Township P.O. Box 405 Berwick, PA 18603-0035 Dr. Judith Johnsrud National Energy Committee Sierra Club 443 Orlando Avenue State College, PA 16803

Three Mile Island Nuclear Station, Unit 1 cc:

Site Vice President - Three Mile Island Director - Licensing and Regulatory Affairs Nuclear Station, Unit 1 AmerGen Energy Company, LLC AmerGen Energy Company, LLC Correspondence Control P. O. Box 480 P.O. Box 160 Middletown, PA 17057 Kennett Square, PA 19348 Senior Vice President - Operations, Mid- Director Atlantic Bureau of Radiation Protection AmerGen Energy Company, LLC Pennsylvania Department of 200 Exelon Way, KSA 3-N Environmental Protection Kennett Square, PA 19348 Rachel Carson State Office Building P.O. Box 8469 Vice President - Licensing and Regulatory Harrisburg, PA 17105-8469 Affairs AmerGen Energy Company, LLC Plant Manager - Three Mile Island Nuclear 4300 Winfield Road Station, Unit 1 Warrenville, IL 60555 AmerGen Energy Company, LLC P. O. Box 480 Regional Administrator Middletown, PA 17057 Region I U.S. Nuclear Regulatory Commission Regulatory Assurance Manager - Three 475 Allendale Road Mile Island Nuclear Station, Unit 1 King of Prussia, PA 19406 AmerGen Energy Company, LLC P.O. Box 480 Chairman Middletown, PA 17057 Board of County Commissioners of Dauphin County Ronald Bellamy, Region I Dauphin County Courthouse U.S. Nuclear Regulatory Commission Harrisburg, PA 17120 475 Allendale Road King of Prussia, PA 19406 Chairman Board of Supervisors Michael A. Schoppman of Londonderry Township Framatome ANP R.D. #1, Geyers Church Road Suite 705 Middletown, PA 17057 1911 North Ft. Myer Drive Rosslyn, VA 22209 Senior Resident Inspector (TMI-1)

U.S. Nuclear Regulatory Commission Dr. Judith Johnsrud P.O. Box 219 National Energy Committee Middletown, PA 17057 Sierra Club 433 Orlando Avenue State College, PA 16803

Three Mile Island Nuclear Station, Unit 1 cc:

Correspondence Control Desk Manager Licensing - Three Mile Island Nuclear Station, Unit 1 Exelon Generation Company, LLC Correspondence Control P.O. Box 160 Kennett Square, PA 19348 Christopher M. Crane President and Chief Executive Officer AmerGen Energy Company, LLC 4300 Winfield Road Warrenville, IL 60555 Mr. Charles G. Pardee Chief Nuclear Officer AmerGen Energy Company, LLC 200 Exelon Way Kennett Square, PA 19348 Associate General Counsel AmerGen Energy Company, LLC 4300 Winfield Road Warrenville, IL 60555 Chief Operating Officer (COO)

AmerGen Energy Company, LLC 4300 Winfield Road Warrenville, IL 60555 Frederick W. Polaski Manager License Renewal Exelon Nuclear 200 Exelon Way Kennett Square, PA 19348 Albert A. Fulvio License Renewal Senior Project Manager Exelon Nuclear 200 Exelon Way Kennett Square, PA 19348