ML083180530

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Commission Notification of Information Relating to Appeal of Atomic Safety & Licensing Board'S Decision in LBP-07-17
ML083180530
Person / Time
Site: Oyster Creek
Issue date: 11/06/2008
From: Sutton K
AmerGen Energy Co, Morgan, Morgan, Lewis & Bockius, LLP
To:
NRC/OCM
References
RAS H-79
Download: ML083180530 (5)


Text

DOCKETED USNRC November 7, 2008 (8:30am)

UNITED STATES OF AMERICA OFFICE OF SECRETARY.

NUCLEAR REGULATORY COMMISSION RULEMAKINGS AND ADJUDICATIONS STAFF Before the Commission

)

In the Matter of: ) November 6, 2008

)

AmerGen Energy. Company, LLC )

) Docket No. 50-219 (License Renewal for Oyster Creek Nuclear )

Generating Station) )

)

COMMISSION NOTIFICATION This filing notifies the Commission of information that relates to the appeal of the Atomic Safety and Licensing Board's ("Board") decision in LBP-07-17, which is currently pending before the Commission. The appeal disputes the Board's decision to reject a contention challenging AmerGen Energy Company, LLC's ("AmerGen") aging management program for the Oyster Creek Nuclear Generating Station ("Oyster Creek") drywell shell in the sand bed region. The NRC Staff also filed a notification regarding this issue today. As AmerGen continues to investigate the issues discussed in this filing, it will continue to keep the NRC informed of its findings and corrective actions.

During the ongoing refueling outage (i.e., "1R22") at Oyster Creek, AmerGen's contractor performed scheduled visual inspections of the epoxy coating that covers the exterior drywell shell in the sand bed region. The contractor performed these inspections in accordance with approved Non-Destructive Examination procedures. During the Friday, October 31 inspection of Bay 11, AmerGen's contractor identified a six-inch long rust stain and a small, isolated area where the epoxy coating was blistered at the top of the rust stain. Additionally, AmerGen is investigating three small bumps in the epoxy coating discovered near the blister.

DB1/62252984

Also on October 31, in a similar scheduled visual inspection in Bay 3, AmerGen's contractor identified several cracks in the moisture seal at the drywell shell interface with the exterior floor of the sand bed region. In one of the cracks, there are three small rust stains.

AmerGen has notified the NRC Staff of both of these findings, and has entered them into the Oyster Creek corrective action program. AmerGen is taking corrective actions in accordance with its ASME Code Section XI, Subsection IWE Primary Containment Inspection Program to further inspect and repair the coating in this isolated area of Bay 11, and to further inspect and repair the moisture seal in Bay 3. AmerGen is keeping the NRC Staff fully apprised of these actions.

As part of its investigation of these findings, AmerGen reviewed the "as left" video recording of the external surface of Bay 11 during the 2006 1R21 outage, which an AmerGen contractor recorded just prior to the sand bed being closed at the end of that outage. The video appears to show an indication that, at this time, AmerGen believes to be the same Bay II rust stain identified in 2008 and discussed above. AmerGen is taking action to assess the significance 2

of this information with respect to its inspection and corrective action programs, and will keep the NRC informed of its findings.

Respectfully submitted, Donal J. Silverman, Esq.

Kathryn M. Sutton, Esq.

Alex S. Polonsky, Esq.

Raphael P. Kuyler, Esq.

MORGAN, LEWIS & BOCKIUS LLP I II Pennsylvania Avenue, N.W.

Washington, DC 20004 Phone: (202) 739-5502 E-mail: dsilverman(imorganlewis.com E-mail: ksuttonomorganlewis.com E-mail: apolonskyvmorganlewis.com E-mail: rkuyler(morganlewis.com J. Bradley Fewell Associate General Counsel Exelon Corporation 4300 Warrenville Road Warrenville, IL 60555 Phone: (630) 657-3769 E-mail: Bradley.Fewell(@exeloncorp.com Dated in Washington, D.C. COUNSEL FOR this 6th day of November 2008 AMERGEN ENERGY COMPANY, LLC 3.

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Commission

)

In the Matter of: ) November 6, 2008

)

AmerGen Energy Company, LLC )

) Docket No. 50-219 (License Renewal for Oyster Creek Nuclear )

Generating Station) )

)

CERTIFICATE OF SERVICE I hereby certify that copies of AmerGen's "COMMISSION NOTIFICATION" were served this day upon the persons listed below, by e-mail and first class mail.

Secretary of the Commission* Administrative Judge U.S. Nuclear Regulatory Commission E. Roy Hawkens, Chair Attn: Rulemakings and Adjudications Staff Atomic Safety and Licensing Board Panel One White Flint North Mail Stop: T-3 F23 11555 Rockville Pike U.S. Nuclear Regulatory Commission Rockville, Maryland 20852-2738 Washington, DC 20555-0001 (E-mail: HEARINGDOCKET(onrc.gov) (E-mail: erh(anrc.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(ynrc.gov) (E-mail: aJb5(@),nrc.gov)

DB 1/62252984

John A. Covino Office of Commission Appellate Valerie Anne Gray Adjudication Division of Law U.S. Nuclear Regulatory Commission Environmental Permitting and Counseling Section Washington, DC 20555-0001 P.O. Box 093 (E-mail: OCAAmail(qnrc.gov)

Hughes Justice Complex Trenton, NJ 08625 Richard Webster (E-mail: john.covino(odol. lps. state.n i. us) Julia LeMense (E-mail: valerie. gray(idol. lps.state.ni.us) Eastern Environmental Law Center 744 Broad Street, Suite 1525 Newark, NJ 07102 (E-mail: rwebster(-,eastemenvironmental.org)

(E-mail: ilemense(ieastemenvironmental.org)

Mary C. Baty Paul Gunter Kimberly A. Sexton Kevin Kamps Marcia J. Simon Beyond Nuclear Office of the General Counsel, 0-15D21 6930 Carroll Avenue U.S. Nuclear Regulatory Commission Suite 400 Washington, DC 20555 Takoma Park, MD 20912 (E-mail: kas2(d@nrc.gov) (E-mail: paul (ibeyondnuclear.org)

(E-mail: mcb 1(inrc.gov) (E-mail: kevin(&beyondnuclear.org)

(E-mail: marcia.simon(inrc.gov)

Emily Krause Law Clerk Atomic Safety and Licensing Board Mail Stop: T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 (E-mail: eikl (nrc.gov)

  • Original and 2 copies Aaphae l. Kuyler 2