ML14115A457
| ML14115A457 | |
| Person / Time | |
|---|---|
| Site: | Saint Lucie  |
| Issue date: | 04/25/2014 |
| From: | Curran D Harmon, Curran, Harmon, Curran, Spielberg & Eisenberg, LLP, Southern Alliance for Clean Energy |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| Shared Package | |
| ML14115A455 | List: |
| References | |
| 50-389-LA, License Amendment, RAS 25862 | |
| Download: ML14115A457 (40) | |
Text
UNITED STATES OF AMERICA BEFORE THE NUCLEAR REGULATORY COMMISSION
)
In the Matter of: )
Florida Power & Light Co. ) Docket No. 50-389 St. Lucie Plant, Unit 2 ) April 25, 2014
)
SOUTHERN ALLIANCE FOR CLEAN ENERGYS MOTION FOR LEAV E TO AMEND HEARING REQUEST REGARDING DE FACTO AMENDMENT OF ST. LUCIE UNIT 2 OPERATING LICENSE I. INTRODUCTION Pursuant to 10 C.F.R. 2.309(c), the Southern Alliance for Clean Energy (SACE) hereby moves to amend its Hearing Request Regarding De Facto Amendment of St. Lucie Unit 2 Operating License (March 10, 2014) (Hearing Request).1 The purpose of the amendment is to provide additional relevant information that is contained in Amendment 18 to the Updated Final Safety Analysis Report (UFSAR Amendment 18) (June 26, 2008) (ML14104B631). The UFSAR Amendment 18 was not publicly available at the time that SACE submitted its Hearing Request but was released by the NRCs Public Document Room (PDR) under the Freedom of Information Act (FOIA) on April 15, 2014. See Exhibit 1.2 The newly disclosed information in UFSAR Amendment 18 confirms the nature of the design changes to the St. Lucie steam generators that were made by Florida Power & Light Co.
(FPL) in 2007 and discussed in SACEs Hearing Request. UFSAR Amendment 18 also identifies an additional design change that was not previously described in other publicly available documents: installation of steam nozzle venturis. UFSAR Amendment 18s 1
A copy of SACEs Amended Hearing Request is attached. SACEs Amended Hearing Request is supported by the Supplemental Declaration of Arnold Gundersen (April 24, 2014)
(Supplemental Gundersen Declaration).
2 The NRC released Chapter 5 of UFSAR Amendment 18 in response to a FOIA request submitted by SACE on April 9, 2014. A copy of SACEs FOIA request is attached as Exhibit 2.
confirmation of these design changes supports SACEs assertion that the NRC Staff amended FPLs operating license by allowing the operation of St. Lucie Unit 2 with substantially re-designed steam generators.
II. FACTUAL BACKGROUND A. SACEs Hearing Request In its Hearing Request and two contentions, SACE seeks a hearing on the U.S. Nuclear Regulatory Commission (NRC) Staffs de facto amendment of the St. Lucie Unit 2 operating license to allow operation of the reactor with substantially re-designed steam generators. As stated in SACEs Hearing Request, in 2007, FPL replaced the Unit 2 original steam generators (OSGs) with new Replacement Steam Generators (RSGs) manufactured by AREVA. Id. at
- 7. In June of 2008, pursuant 10 C.F.R. § 50.59, FPL filed a report with the NRC that summarized the characteristics of the RSGs and asserted that FPL had made no significant changes to major component supports or piping supports. Id. at 7-8 (citing St. Lucie Unit 2, Docket No. 50-389, Changes, Tests, and Experiments Made as Allowed by 10 C.F.R. 50.59 for the Period of June 12, 2006 through April 4, 2008 at 8 (attached to letter from Gordon L.
Johnston, FPL, to NRC re: St. Lucie Unit 2 Docket No. 50-389 Report of 10 CFR 50.59 Plant Changes (June 26, 2008)) (ML081840111) (50.59 Summary)). SACEs Hearing Request challenges FPLs characterization of the design changes to the Unit 2 steam generators as minimal, and asserts that in fact FPL made significant changes.
B. SACEs Attempts to Obtain Chapter 5 of UFSAR Amendment 18 On June 26, 2008, at the same time that FPL submitted the 50.59 Summary to the NRC, it also submitted UFSAR Amendment 18, which updated the original Final Safety Analysis Report (OFSAR) to reflect the changes made by FPL under 10 C.F.R. § 50.59. Although the 50.59 2
Summary was posted on the NRCs Agencywide Document Management System (ADAMS),
UFSAR Amendment 18 was withheld from public disclosure.
In early March, during the course of preparing its Hearing Request, SACE requested Chapter 5 of UFSAR Amendment 18 from the NRCs Public Document Room (PDR). The PDR identified the documents Accession Number on March 6, 2014, and informed counsel for SACE that the NRC Staff would review it to determine what portions could be publicly released, without the need for a FOIA request. See Exhibit 2, Attachment 1. SACE did not receive UFSAR Amendment 18 before filing its Hearing Request on March 10, however. Because SACE was obligated by NRC regulations and policy to submit its hearing request as soon as possible upon learning of the de facto amendment to St. Lucie Unit 2s license, SACE did not delay the filing of the Hearing Request to await the release of Amendment 18.
On April 2, 2014, the PDR sent SACE the most recent (2012) UFSAR amendment for St.
Lucie Unit 2, but not the 2008 Amendment 18. See Exhibit 3. Counsel for SACE immediately clarified and reiterated her request for Amendment 18. See Exhibit 2, Attachment 2. On April 9, after a week passed in which SACEs counsel did not receive the document and was not told how long it would take to be released, SACE submitted a FOIA request and asked for expedited consideration. See Exhibit 2.
On April 10, the NRC responded by denying the request for expedited consideration and stating that it might take more than 20 working days (i.e., 30 calendar days) to respond to the request. See Exhibit 4. SACE appealed the following day. See Exhibit 5. On April 15, the NRCs PDR office sent SACE a copy of Chapter 5 of UFSAR Amendment 18. See Exhibit 6.
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C. Chapter 5 of UFSAR Amendment 18 In Chapter 5 of UFSAR Amendment 18, changes to the OFSAR that resulted from Amendment 18 are marked by vertical lines in the right-hand margin of the pages. These changes include only additions or substitutions of text and do not include strikeouts. Therefore, the information they provide is limited. Nevertheless, by comparing UFSAR Amendment 18 with the original FSAR submitted by FPL in 1980, it is possible to identify most or all of the changes that FPL made to the design of the Unit 2 steam generators. This new information is discussed in SACEs Amended Hearing Request and the supporting Supplemental Declaration of Arnold Gundersen. In summary:
First, in contrast to the OFSAR, UFSAR Amendment 18 no longer identifies the stay cylinder as a component of the Unit 2 RSGs. It is reasonable to infer from this omission that the stay cylinder has been removed from both RSGs. Second, UFSAR Amendment 18 confirms that the RSGs have 588 new steam generator tubes in addition to the 8,411 tubes in the OSGs, totaling 8,999 tubes. The addition of 588 new tubes changes the pattern of water circulation in the steam generator and therefore has significant safety implications. Third, it is reasonable to infer that in order to accommodate the 588 additional tubes, the tubesheet in the RSGs contains 588 additional perforations. These additional perforations increase the potential for tubesheet flexing. Finally, UFSAR Amendment 18 deletes all references to the eggcrate tube supports that FPL relied on in the OFSAR for the purpose of avoiding denting of tubes. Instead, Amendment 18 now states that FPL uses plate supports in order to avoid tube denting. In other words, FPL now purports to avoid tube denting with the very same components it previously disavowed as contributors to tube denting.
4
In addition, UFSAR Amendment 18 identifies a new component not previously identified in the OFSAR or described in the 50.59 Summary: steam nozzle venturis. Id., Table 5.2-3 at page 5.2-29. The purpose of steam nozzle venturis is to limit the rate at which steam (mass and energy) leaves a steam generator. The existence of a different mass and energy flow rate in the RSGs would also require FPL to perform a new and different accident analysis for the steam generators. Thus, the installation of steam nozzle venturis indicates that an important safety parameter has been changed between the OSG and RSG, resulting in reanalysis and modification from the original design.
The above-described information provided in UFSAR Amendment 18 confirms that FPL has made major design changes to the St. Lucie Unit 2 steam generators that increase the risk of steam generator failure at the reactor. Therefore the information supports SACEs Contentions 1 and 2.
III. SACES AMENDED HEARING REQUEST SATISFIES 10 C.F.R. § 2.309(c).
The NRC has only one equitable standard for the amended contentions filed after an initial hearing request, in 10 C.F.R. § 2.309(c). Section 2.309(c) measures the reasonableness of the timing of amended contentions against the deadline for submission of a hearing request, which does not exist in this proceeding. Therefore, as a technical matter, 10 C.F.R. § 2.309(c) does not apply. Nevertheless, SACE will address the standard.
First, the information in Chapter 5 of UFSAR Amendment 18 is unique: no document other than the FSAR and its updates provides such a comprehensive accounting of the changes to a reactor design as an updated FSAR. In the absence of a formal license amendment application, a UFSAR contains the most comprehensive description available of the changes made by a licensee to a reactors operation or design.
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Second, the information was not previously available in any other document. The only other document that describes the changes made by FPL to Unit 2 is the 50.59 Summary, which is extremely general.
Finally, this motion is timely. SACE is amending its hearing request within ten days of receiving Chapter 5 of UFSAR Amendment 18, on April 15, 2014. Therefore, SACE satisfies the NRCs shortest timeframe for timeliness of actions, the ten-day limit in 10 C.F.R. § 2.323.3 As discussed above in Section II.B, SACE also made reasonable efforts to obtain Chapter 5 of USFSAR Amendment 18 when the relevance of the document became clear during the course of preparing SACEs Hearing Request. Therefore SACEs Amended Hearing Request is timely under NRCs general standards for timeliness.
SACE also respectfully submits that the NRCs lengthy delay in releasing Chapter 5 of UFSAR Amendment 18 is inconsistent with NRC policy. Chapter 5 of the UFSAR for any reactor falls into the category of information that NRC treats as immediately releasable under the FOIA. See SECY-04-191, which states that:
Information related to the general workings of a nuclear power plant such as the descriptions usually provided in licensing documents (e.g., updated final safety analysis reports, license renewal applications) are released since similar information (at the level useful to a potential adversary) is available in open source literature such as text books and internet sites.
Memorandum to the Commissioners from Luis A. Reyes re: Withholding Sensitive Unclassified Information Concerning Nuclear Power Reactors from Public Disclosure (Oct. 19, 2004) 3 The NRC has stated, however, that 10 C.F.R. § 2.323 is not applicable to the amendment of contentions. 77 Fed. Reg. 46,562, 46,572 (Aug. 2, 2012).
6
(emphasis added).4 Thus, if a member of the public requests a chapter of a UFSAR for a legitimate purpose, it is immediately releasable. Consistent with this policy, when SACE initially requested Chapter 5 of the UFSAR for St. Lucie, the NRCs PDR office stated that a FOIA request would not be necessary. See Attachment 2 to SACEs FOIA Request.
Accordingly, under NRCs own policy, Chapter 5 of UFSAR Amendment 18 should have been released shortly after it was requested from the PDR, without need for a FOIA request or appeal.
Had the NRC complied with its own policy in a timely way, SACE could have addressed the content of UFSAR Amendment 18 in its Hearing Request and it would not be necessary for SACE to file this motion.
IV. CONCLUSION For the foregoing reasons, the Commission should grant SACEs motion.
Respectfully submitted, (Electronically signed by)
Diane Curran HARMON, CURRAN, SPIELBERG, & EISENBERG, L.L.P.
1726 M Street N.W., Suite 600 Washington, D.C. 20036 202-328-3500 Fax: 202-328-6918 e-mail: dcurran@harmoncurran.com April 25, 2014 4
The Commissioners cited the guidance in SECY-04-191 with approval in South Texas Project Nuclear Operating Co. (South Texas Project, Units 3 and 4), CLI-10-24, 72 NRC 451, 453 (2010).
7
CERTIFICATION REGARDING CONSULTATION While it is unclear whether 10 C.F.R. § 2.323 applies to this motion (see note 3 above), I certify that on April 25, 2014, I consulted counsel for FPL and the NRC Staff in a sincere effort to resolve the concerns raised by this motion. Counsel for both parties stated that they would oppose this motion.
[Electronically signed by]
Diane Curran 8
EXHIBIT 1 Diane Curran From: PDR Resource <PDR.Resource@nrc.gov>
Sent: Tuesday, April 15, 2014 4:10 PM To: Diane Curran
Subject:
RE: St. Lucie FSAR Chapter 5 review
- Diane, Document in public Adams.
http://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML14104B631 Sardar From: Diane Curran [1]
Sent: Wednesday, April 02, 2014 1:54 PM To: PDR Resource
Subject:
RE: St. Lucie FSAR Chapter 5 review Hi Sardar - Here is the version of the UFSAR I am looking for. It is dated 2008. Although your message below says this is Chapter 7, the description says Introduction Through Chapter 7.
I also would like to get the cover letter. Thanks, Diane From: PDR Resource [2]
Sent: Thursday, March 06, 2014 3:13 PM To: Diane Curran
Subject:
FW: Saint Lucie 2 ML082060040 I requested earlier this document to be review, this is chapter 7. I called her for chapter 5, she is not in the office. I would like to make sure do you also need this document?
Sardar Document
Title:
St. Lucie Unit 2 - Updated Final Safety Analysis Report, Amendment No. 18, Introduction Through Chapter 7.
Accession Number: ML082060040 Estimated Page Count: 1193 Document Date: 6/26/08 Document Type: "Letter"; "Updated Final Safety Analysis Report (UFSAR)"
Author Name: "Johnston G L" Author Affiliation: "Florida Power & Light Co" Addressee Name:
Addressee Affiliation: "NRC/Document Control Desk"; "NRC/NRR" Docket Number: "05000389" License Number:
Case/Reference Number: "L-2008-147" 1
Document/Report Number:
Package Number:
Document Date Received:
Date Reviewed for Public Release: 10/24/08 Date Docketed:
Related Date:
Vital Records Category: No Document Status:
Media Type: Electronic Physical File Location: ADAMS FACA Document: No Date to be Released:
Distribution List Codes: A053 Contact Person:
Text Source Flag: OCRed from scanned image - no corrections made Official Record?: Yes Replicated: No ForeMost File Code (Latest): NRR-09-02-365 ForeMost Document Number: 1210352.1 URL:
DDMS Item ID:
ASLBP Number:
Date Declared: 7/31/08 10:17 AM LSN Number:
Hearing Transcript Page Range:
Hearing Party Exhibit Number:
Hearing Official Exhibit Number:
Hearing Issues:
Hearing Party Identifier:
Keyword: "laf1"; "oarc20081024rbs=Removed Non-Public Pending Review-Withheld, added date to Date Reviewed for Public Release"; "rls1"; "SUNSI Review Complete" ADAMS ItemID: 082060040 Availability: Non-Publicly Available 2
EXHIBIT 2 April 9, 2014 NRC FOIA/PA Officer U.S. Nuclear Regulatory Commission Mailstop T-5 F09 Washington, DC 20555-0001 FOIA.resource@nrc.gov
SUBJECT:
Freedom of Information Act Request
Dear NRC FOIA/PA Officer:
On behalf of the Southern Alliance for Clean Energy (SACE), and pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552 et seq., I am writing to request you to release Chapter 5 of the Updated Final Safety Analysis Report (UFSAR) for the St. Lucie Unit 2 reactor, Docket No. 50-389, as submitted by Florida Power & Light Co. (FPL) to the U.S. Nuclear Regulatory Commission (NRC) on June 26, 2008. In addition, please include the cover letter.
Chapters 1 through 7 of the St. Lucie Unit 2 UFSAR are located in the non-public portion of the NRCs ADAMS document collection, and are catalogued as follows:
Accession Number ML082060040 Document Date 6/26/2008 12:00:00AM Document Type Letter Updated Final Safety Analysis Report (UFSAR)
Title St. Lucie Unit 2 - Updated Final Safety Analysis Report, Amendment No. 18, Introduction Through Chapter 7.
Estimated Page Count 1193 Official Record?Yes Availability Non-Publicly Available Document Sensitivity Non-Sensitive See Attachment 1. Chapter 5 of the 2008 UFSAR for St. Lucie Unit 2 discusses the reactor coolant system, including the steam generators. In 2007, FPL made significant design changes to the Unit 2 steam generators without obtaining a license amendment. These design changes were summarily described by FPL in a 50.59 Summary that FPL submitted to the NRC on June 26, 2008, and which was posted on ADAMS.1 The cover letter to the 50.59 Summary referred to the UFSAR, which FPL had submitted to the NRC the same day. The 2008 UFSAR was given an Accession Number, ML082060040, but was not posted on ADAMS.
1 See St. Lucie Unit 2, Docket No. 50-389, Changes, Tests, and Experiments Made as Allowed by 10 C.F.R. 50.59 for the Period of June 12, 2006 through April 4, 2008 at 8 (attached to letter from Gordon L. Johnston, FPL, to NRC re: St. Lucie Unit 2 Docket No. 50-389 Report of 10 CFR 50.59 Plant Changes (June 26, 2008) (ML081840111).
NRC FOIA Officer April 9, 2014 Page 2 of 5 In order to better understand the design changes that FPL had made to the Unit 2 steam generators, SACE requested a copy of Chapter 5 of the Unit 2 UFSAR from the NRCs Public Document Room (PDR) in early March of 2014. The PDR identified the documents Accession Number on March 6, 2014 (see Attachment 1), and informed counsel for SACE that the NRC Staff would review it to determine what portions could be publicly released without the need for a FOIA request. See Attachment 2. On April 2, 2014, the PDR sent SACE the most recent (2012) UFSAR for St. Lucie Unit 2, but not the 2008 UFSAR. Counsel for SACE immediately clarified and reiterated her request for the 2008 UFSAR. See Attachment 3.
However, she has not received the document, nor has she been told how long it would take to produce the document. Therefore, SACE is submitting this FOIA request.
As discussed below, SACE urgently needs the requested document in order to participate effectively in a proceeding that is now underway before the Commission regarding the question of whether the NRC Staff effectively amended the St. Lucie Unit 2 operating license to permit operation of the reactor with substantially re-designed steam generators, in violation of the Atomic Energy Act and 10 C.F.R. § 50.59. A copy of SACEs Hearing Request Regarding De Facto Amendment of St. Lucie Unit 2 Operating License (March 10, 2014) is attached to this FOIA request as Attachment 4. The Commission has ordered FPL and the NRC Staff to respond to SACEs Hearing Request by April 28, 2014, and has given SACE an opportunity to reply by May 5. See Attachment 5. SACE seeks a copy of Chapter 5 of the UFSAR before April 28, in order to have as complete as possible an understanding of the nature of the Unit 2 steam generator design changes before replying to the responses of FPL and the NRC Staff.
SACE respectfully submits that review of Chapter 5 for public disclosure should not be time-consuming, because the NRC Staff already has reviewed the 2012 UFSAR and determined that it could be released in its entirety. Presumably, the 2012 UFSAR encompasses all the changes in the 2008 UFSAR, with the only difference being the identification of information that was added or removed in 2008 versus 2012.
Request for Expedited Review Pursuant to 5 U.S.C. § 552(a)(6)(E)(i) and 10 C.F.R. § 9.25(e), SACE requests expedited processing of this FOIA request because it has a compelling need for the information. SACE meets the two-pronged standard for demonstrating a compelling need for the information because it is primarily engaged in disseminating information and because the requested information is urgently needed . . . in order to inform the public concerning actual or alleged Federal Government activity. 10 C.F.R. § 9.25(e)(1)(ii).
First, SACE is a non-profit organization primarily engaged in information dissemination, public education and advocacy on environmental issues. As a non-profit, non-partisan environmental advocacy organization operating throughout the Southeast, SACE has a long history of conducting public education on environmental issues. Founded in 1985, SACE has a mission of educating the public and promoting the use of clean energy in order to protect the quality of life in the Southeast and to preserve its natural resources. SACE intends to use the requested information to educate the public about the NRCs processes for licensing and regulating St.
NRC FOIA Officer April 9, 2014 Page 3 of 5 Lucie Unit 2 and other reactors, including the process for deciding whether or not to require licensees to obtain license amendments before substantially changing the design of their safety equipment. SACE has requested a hearing on the question of whether the NRC Staff effectively amended the St. Lucie operating license to allow operation of St. Lucie Unit 2 with substantially re-designed steam generators. In addition to educating the public through its participation in the NRC hearing process, SACE will disseminate the disclosed information to the public through its website, media campaign, education, programs, and community events.
SACE also urgently needs the requested information because timely release of Chapter 5 of the UFSAR is essential to SACEs effective participation in the hearing it has requested before the NRC. As discussed above, SACEs hearing request regarding the NRC Staffs de facto amendment of the Unit 2 operating license is now pending before the Commissioners, and responses to the hearing request by FPL and the NRC Staff are due April 28. In order to participate effectively in the proceeding, SACE seeks a more complete understanding of the design changes made by FPL to the Unit 2 steam generators so that it can make an informed reply to FPL and the Staff. As also discussed above, the NRC technical Staff has already reviewed the 2012 UFSAR and disclosed it in its entirety, and therefore it should be possible to comply with this urgent request in a short period of time.
Finally, it is SACEs understanding that the NRC refrains from posting UFSARs on ADAMS out of an abundance of caution rather than because it believes they are exempt from disclosure under FOIA. In SECY-04-191, for instance, the NRC stated that:
Information related to the general workings of a nuclear power plant such as the descriptions usually provided in licensing documents (e.g., updated final safety analysis reports, license renewal applications) are released since similar information (at the level useful to a potential adversary) is available in open source literature such as text books and internet sites.
Memorandum to the Commissioners from Luis A. Reyes re: Withholding Sensitive Unclassified Information Concerning Nuclear Power Reactors from Public Disclosure (Oct. 19, 2004).2 If a member of the public requests a chapter of a UFSAR for a legitimate purpose, it is releasable. In this context, it is worth noting that the NRC did not withhold any portion of the 2012 UFSAR that was released on April 2.
Request for Waiver of Fees SACE hereby requests that all fees in connection with this FOIA request be waived in accordance with 10 C.F.R. §§ 9.39(a) and 9.41(c). As provided in § 9.41(c), the NRC must:
waive or reduce fees, without further specific information from the requester if, from information provided with the request for agency records made under § 9.23(b), it can 2
The Commissioners cited the guidance in SECY-04-191 with approval in South Texas Project Nuclear Operating Co. (South Texas Project, Units 3 and 4), CLI-10-24, 72 NRC 451, 453 (2010).
NRC FOIA Officer April 9, 2014 Page 4 of 5 determine that disclosure of the information in the agency records is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the Federal Government and is not primarily in the commercial interest of the requester.
SACE satisfies the NRCs criteria for a fee waiver in the following respects:
- a. The requested disclosures concern the operations and activities of the Federal Government because they seek information in the UFSAR regarding the nature of design changes to the St. Lucie Unit 2 steam generators that FPL made in 2007. The NRC has permitted FPL to operate St. Lucie Unit 2 with these replacement steam generators, despite the fact that FPL has removed or altered significant safety components, and despite the fact that the steam generators are exhibiting an unusual degree of wear.
SACE seeks the UFSAR for two purposes: (1) to determine the exact nature of the changes to the steam generator design, and (2) to determine the degree to which FPL notified the NRC Staff of the design changes.
- b. The disclosure of the requested documents will significantly contribute to the publics understanding of the operations and activities of the NRC with respect to nuclear regulatory matters. As discussed above, SACE seeks Chapter 5 of the 2008 UFSAR for Unit 2 in order to confirm the exact nature of design changes made by FPL to the steam generators, and also to determine the degree to which the NRC Staff was made aware of those design changes. SACE will share this information publicly in three ways. First, SACE has requested a hearing before the NRC regarding the NRC Staffs de facto amendment of the St. Lucie Unit 2 operating license to allow FPL to operate the reactor with a significantly changed steam generator design. SACE seeks the requested information in order to participate more effectively in the public hearing it has requested.
In addition, to the extent the requested information is discussed in pleadings submitted by SACE and other parties in any hearing that is held, it will be widely available to the public because the pleadings will be placed in the NRCs electronic hearing docket and posted on ADAMS. Second, SACE will post its pleadings on the organizations website, www.cleanenergy.org. Finally, the information yielded by this FOIA request and presented in any NRC hearing that is held is likely to be covered by the press in Florida, which has previously reported on the problems experienced by St. Lucie Unit 2s re-designed steam generators.
Whether or not the NRC holds a hearing on the de facto amendment of the Unit 2 steam generators, SACE intends to conduct public education regarding the information yielded by this FOIA request, consistent with its long history of public environmental education as discussed above.
- c. The requested materials will not be used for SACEs commercial use or gain. SACE is a non-profit organization whose sole purposes in requesting the documents are to promote the safe operation of St. Lucie Unit 2 and to educate itself, its members, and the
NRC FOIA Officer April 9, 2014 Page 5 of 5 general public regarding the safety, legal, and economic issues raised by the NRC Staffs de facto approval of the operation of the re-designed St. Lucie Unit 2 steam generators.
Accordingly, we request that you waive all fees for locating and duplicating the requested records. If, however, a waiver is not granted, then please advise me of the amount of any proposed search, review, and reproduction charges before those activities are carried out.
Thank you very much for your attention to this matter. We look forward to receiving Chapter 5 of the 2008 UFSAR for St. Lucie Unit 2 promptly. In the meantime, please call me if you have any questions regarding this request.
Sincerely,
/s/
Diane Curran dcurran@harmoncurran.com Counsel to SACE
Attachment 1 Diane Curran From: PDR Resource <PDR.Resource@nrc.gov>
Sent: Thursday, March 06, 2014 3:03 PM To: Diane Curran
Subject:
RE: UFSAR chapter 5 Attachments: 50-335 & 389 UFSAR list.docx
- Diane, I found UFSARs 2003 to 2013, all these documents are non-public. I created a short citation list with basic information please see attached. Below listed two documents from Legacy library is publicly available.
Accession Number 9712040017 Document Date 5/31/1997 12:00:00AM Estimated Page Count 1211 Document Type TEXT-SAFETY REPORT UPDATED FINAL SAFETY ANALYSIS REPORT & AMENDMENTS Title Amend 11 to "St Lucie Unit 2 Updated FSAR." W/254 oversize drawings.
Author Affiliation FLORIDA POWER & LIGHT CO.
Author Name Availability Publicly Available Microform Addresses A1340:012-A1343:130 Document Sensitivity Non-Sensitive Package Number 9712040015A Accession Number 9906040223 Document Date 12/31/1998 12:00:00AM Estimated Page Count 950 Document Type TEXT-SAFETY REPORT UPDATED FINAL SAFETY ANALYSIS REPORT & AMENDMENTS Title Amend 12 to UFSAR for St Lucie Unit 2.With 281 oversize drawings.
Author Affiliation FLORIDA POWER & LIGHT CO.
Author Name Availability Publicly Available Microform Addresses A8216:002-A8219:059 Document Sensitivity Non-Sensitive Package Number 9906040221A If you have any questions, or if we may be of further assistance, please do not hesitate to contact us here at the PDR reference staff.
Sincerely, Sardar Reference Librarian NRC Public Document Room EMail: PDR.Resource@nrc.gov Office: 3014154737; 18003974209 (8 am 4 pm, Eastern Time, MonFri) 1
Please let us know how we're doing by participating in our voluntary PDR Satisfaction Survey. The nine question survey should take only a few minutes, and you can give us feedback on both the service you received from the PDR and NRC's ADAMS database.
2
ADAMS Documents as of 03/06/2014 02:40:34 PM searched by 50-335 and 389 Page 1 of 1 Accession Number ML091410396 Document Date 4/23/2009 12:00:00AM Document Type Letter Updated Final Safety Analysis Report (UFSAR)
Title St. Lucie, Unit 1 - Updated Final Safety Analysis Report, Amendment No. 23.
Estimated Page Count 525 Official Record? Yes Availability Non-Publicly Available Document Sensitivity Non-Sensitive Accession Number ML043170025 Document Date 10/21/2004 12:00:00AM Document Type Letter Updated Final Safety Analysis Report (UFSAR)
Title Updated Final Safety Analysis Report, Amendment 20, for St. Lucie, Unit 1.
Estimated Page Count 464 Official Record? Yes Availability Non-Publicly Available Document Sensitivity Sensitive Accession Number ML030910633 Document Date 3/28/2003 12:00:00AM Document Type Letter Updated Final Safety Analysis Report (UFSAR)
Title St. Lucie, Units 1 and 2, License Renewal Safety Evaluation Report Open Item and Confirmatory Item Responses and Revised License Renewal Application Appendix A.
Estimated Page Count 138 Official Record? Yes Availability Non-Publicly Available Document Sensitivity Non-Sensitive Accession Number ML12292A144 Document Date 10/11/2012 12:00:00AM Document Type Updated Final Safety Analysis Report (UFSAR)
Letter Title St. Lucie, Unit 1, Updated Final Safety Analysis Report, Amendment No. 25.
Estimated Page Count 917 Official Record? Yes Availability Non-Publicly Available Document Sensitivity Non-Sensitive Accession Number ML103640056 Document Date 12/10/2010 12:00:00AM Document Type Letter Updated Final Safety Analysis Report (UFSAR)
Title St. Lucie, Unit 1 - Updated Final Safety Analysis Report Amendment No. 24.
Estimated Page Count 667 Official Record? Yes Availability Non-Publicly Available Document Sensitivity Non-Sensitive Accession Number ML073231198 Document Date 11/13/2007 12:00:00AM Document Type Letter Updated Final Safety Analysis Report (UFSAR)
Title St. Lucie, Unit 1 - Updated Final Safety Analysis Report Amendment No. 22.
ADAMS Documents as of 03/06/2014 02:40:34 PM searched by 50-335 and 389 Page 1 of 1 Estimated Page Count 1300 Official Record? Yes Availability Non-Publicly Available Document Sensitivity Non-Sensitive Accession Number ML061700397 Document Date 6/12/2006 12:00:00AM Document Type Letter Updated Final Safety Analysis Report (UFSAR)
Title St. Lucie Unit 1 Updated Final Safety Analysis Report, Amendment No. 21.
Estimated Page Count 542 Official Record? Yes Availability Non-Publicly Available Document Sensitivity Non-Sensitive ADAMS Documents as of 03/06/2014 02:40:34 PM searched by 50-389 Accession NumberML13162A004 Document Date 5/23/2013 12:00:00AM Document Type Updated Final Safety Analysis Report (UFSAR)
Drawing Title St. Lucie, Unit 2 Updated Final Safety Analysis Report Amendment No. 21, Filling Instructions Through Figure 6.2-13.
Estimated Page Count 748 Official Record? Yes Availability Non-Publicly Available Document Sensitivity Non-Sensitive Accession Number ML11319A245 Document Date 11/3/2011 12:00:00AM Document Type Letter Updated Final Safety Analysis Report (UFSAR)
Title St. Lucie, Unit 2, Updated Final Safety Analysis Report, Amendment No. 20.
Estimated Page Count 600 Official Record? Yes Availability Non-Publicly Available Document Sensitivity Non-Sensitive Accession Number ML082060040 Document Date 6/26/2008 12:00:00AM Document Type Letter Updated Final Safety Analysis Report (UFSAR)
Title St. Lucie Unit 2 - Updated Final Safety Analysis Report, Amendment No. 18, Introduction Through Chapter 7.
Estimated Page Count 1193 Official Record? Yes Availability Non-Publicly Available Document Sensitivity Non-Sensitive Accession Number ML063520569 Document Date 12/5/2006 12:00:00AM Document Type Letter Updated Final Safety Analysis Report (UFSAR)
Title St. Lucie, Unit 2 - Updated Final Safety Analysis Report Amendment No. 17.
Estimated Page Count 567
ADAMS Documents as of 03/06/2014 02:40:34 PM searched by 50-335 and 389 Page 1 of 1 Official Record? Yes Availability Non-Publicly Available Document Sensitivity Non-Sensitive Accession Number ML052300355 Document Date 8/11/2005 12:00:00AM Document Type Letter Updated Final Safety Analysis Report (UFSAR)
Title St. Lucie Unit 2, Updated Final Safety Analysis Report Amendment No. 16.
Estimated Page Count 982 Official Record? Yes Availability Non-Publicly Available Document Sensitivity Sensitive Accession Number ML030910633 Document Date 3/28/2003 12:00:00AM Document Type Letter Updated Final Safety Analysis Report (UFSAR)
Title St. Lucie, Units 1 and 2, License Renewal Safety Evaluation Report Open Item and Confirmatory Item Responses and Revised License Renewal Application Appendix A.
Estimated Page Count 138 Official Record? Yes Availability Non-Publicly Available Document Sensitivity Non-Sensitive
Attachment 2 Diane Curran From: PDR Resource <PDR.Resource@nrc.gov>
Sent: Thursday, March 13, 2014 8:23 AM To: Diane Curran
Subject:
RE: Saint Lucie 2 ML082060040 Importance: High
- Diane, Project manager and team is willing to review chapter for possible public release. Can you wait until next week?
Please confirm again what you need; which chapter and which unit. I just wanted to be sure.
Thanks Sardar From: Diane Curran [3]
Sent: Thursday, March 06, 2014 3:25 PM To: PDR Resource
Subject:
RE: Saint Lucie 2 ML082060040 Hi Sardar - I assume these are for Unit 1? If so, please copy Chapter 5 in both docs. Also, no oversized drawings needed. Please do it on a rush basis. Thanks, Diane From: PDR Resource [4]
Sent: Thursday, March 06, 2014 3:13 PM To: Diane Curran
Subject:
FW: Saint Lucie 2 ML082060040 I requested earlier this document to be review, this is chapter 7. I called her for chapter 5, she is not in the office. I would like to make sure do you also need this document?
Sardar Document
Title:
St. Lucie Unit 2 - Updated Final Safety Analysis Report, Amendment No. 18, Introduction Through Chapter 7.
Accession Number: ML082060040 Estimated Page Count: 1193 Document Date: 6/26/08 Document Type: "Letter"; "Updated Final Safety Analysis Report (UFSAR)"
Author Name: "Johnston G L" Author Affiliation: "Florida Power & Light Co" Addressee Name:
Addressee Affiliation: "NRC/Document Control Desk"; "NRC/NRR" Docket Number: "05000389" License Number:
Case/Reference Number: "L-2008-147" 1
Document/Report Number:
Package Number:
Document Date Received:
Date Reviewed for Public Release: 10/24/08 Date Docketed:
Related Date:
Vital Records Category: No Document Status:
Media Type: Electronic Physical File Location: ADAMS FACA Document: No Date to be Released:
Distribution List Codes: A053 Contact Person:
Text Source Flag: OCRed from scanned image - no corrections made Official Record?: Yes Replicated: No ForeMost File Code (Latest): NRR-09-02-365 ForeMost Document Number: 1210352.1 URL:
DDMS Item ID:
ASLBP Number:
Date Declared: 7/31/08 10:17 AM LSN Number:
Hearing Transcript Page Range:
Hearing Party Exhibit Number:
Hearing Official Exhibit Number:
Hearing Issues:
Hearing Party Identifier:
Keyword: "laf1"; "oarc20081024rbs=Removed Non-Public Pending Review-Withheld, added date to Date Reviewed for Public Release"; "rls1"; "SUNSI Review Complete" ADAMS ItemID: 082060040 Availability: Non-Publicly Available 2
Attachment 3 Diane Curran From: Diane Curran Sent: Wednesday, April 02, 2014 1:54 PM To: 'PDR Resource'
Subject:
RE: St. Lucie FSAR Chapter 5 review Hi Sardar - Here is the version of the UFSAR I am looking for. It is dated 2008. Although your message below says this is Chapter 7, the description says Introduction Through Chapter 7.
I also would like to get the cover letter. Thanks, Diane From: PDR Resource [5]
Sent: Thursday, March 06, 2014 3:13 PM To: Diane Curran
Subject:
FW: Saint Lucie 2 ML082060040 I requested earlier this document to be review, this is chapter 7. I called her for chapter 5, she is not in the office. I would like to make sure do you also need this document?
Sardar Document
Title:
St. Lucie Unit 2 - Updated Final Safety Analysis Report, Amendment No. 18, Introduction Through Chapter 7.
Accession Number: ML082060040 Estimated Page Count: 1193 Document Date: 6/26/08 Document Type: "Letter"; "Updated Final Safety Analysis Report (UFSAR)"
Author Name: "Johnston G L" Author Affiliation: "Florida Power & Light Co" Addressee Name:
Addressee Affiliation: "NRC/Document Control Desk"; "NRC/NRR" Docket Number: "05000389" License Number:
Case/Reference Number: "L-2008-147" Document/Report Number:
Package Number:
Document Date Received:
Date Reviewed for Public Release: 10/24/08 Date Docketed:
Related Date:
Vital Records Category: No Document Status:
Media Type: Electronic Physical File Location: ADAMS 1
FACA Document: No Date to be Released:
Distribution List Codes: A053 Contact Person:
Text Source Flag: OCRed from scanned image - no corrections made Official Record?: Yes Replicated: No ForeMost File Code (Latest): NRR-09-02-365 ForeMost Document Number: 1210352.1 URL:
DDMS Item ID:
ASLBP Number:
Date Declared: 7/31/08 10:17 AM LSN Number:
Hearing Transcript Page Range:
Hearing Party Exhibit Number:
Hearing Official Exhibit Number:
Hearing Issues:
Hearing Party Identifier:
Keyword: "laf1"; "oarc20081024rbs=Removed Non-Public Pending Review-Withheld, added date to Date Reviewed for Public Release"; "rls1"; "SUNSI Review Complete" ADAMS ItemID: 082060040 Availability: Non-Publicly Available 2
Attachment 5 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION COMMISSIONERS:
Allison M. Macfarlane, Chairman Kristine L. Svinicki George Apostolakis William D. Magwood, IV William C. Ostendorff
)
In the Matter of )
)
FLORIDA POWER & LIGHT COMPANY ) Docket No. 50-389
)
(St. Lucie Plant, Unit 2) )
)
CLI-14-04 MEMORANDUM AND ORDER The Southern Alliance for Clean Energy (SACE) has filed a hearing request relating to the installation of replacement steam generators at the Florida Power & Light (FPL) St. Lucie Unit 2 nuclear reactor as a de facto license amendment.1 With its hearing request SACE filed a motion to stay requesting that we suspend restart of St. Lucie Unit 2 and seeking expedited consideration.2 The NRC Staff and FPL oppose the motion to stay.3 1
Southern Alliance for Clean Energys Hearing Request Regarding De Facto Amendment of St.
Lucie Unit 2 Operating License (Mar. 10, 2014) (Hearing Request).
2 Southern Alliance for Clean Energys Motion to Stay Restart of St. Lucie Unit 2 Pending Conclusion of Hearing Regarding De Facto Amendment of Operating License and Request for Expedited Consideration (Mar. 10, 2014) (SACE Motion to Stay).
3 See NRC Staffs Answer to Southern Alliance for Clean Energys Motion to Stay Restart of St.
Lucie Unit 2 Pending Conclusion of Hearing Regarding De Facto Amendment of Operating License (continued . . .)
In this order, we address SACEs motion to stay and set a schedule for further briefing with respect to its hearing request.
I. BACKGROUND SACEs hearing request and motion to stay arise from the replacement of two steam generators at St. Lucie Unit 2 in 2007. FPL replaced the steam generators pursuant to the provisions of 10 C.F.R. § 50.59, which allow licensees to make changes to a facility if certain criteria are satisfied.4 FPLs evaluation under that regulation concluded that a license amendment was not required for the steam generator replacement.5 The NRC Staffs review of the steam generator replacement, including the 10 C.F.R. § 50.59 evaluation conducted by FPL, identified no findings of significance.6 In February 2011, FPL requested a license amendment to permit operation of St. Lucie Unit and Request for Expedited Consideration (Mar. 20, 2014) (Staff Answer); Answer of Florida Power
& Light Company Opposing SACE Motion to Stay Restart of St. Lucie Unit 2 (Mar. 20, 2014) (FPL Answer).
4 Section 50.59 sets forth the circumstances under which a licensee may make changes to the facility as described in its Updated Final Safety Analysis Report (UFSAR), make changes in the procedures described in the UFSAR, and conduct tests or experiments not otherwise described in the UFSAR, without obtaining a license amendment under 10 C.F.R. § 50.90. See 10 C.F.R.
§ 50.59(c)(1).
5 See FPL Answer at 3 & Att. 1, Declaration of Mr. William A. Cross in Support of FPLs Answer Opposing SACE Motion to Stay Restart (Mar. 20, 2014), ¶¶ 4-9; Johnston, Gordon L, Site Vice President, St. Lucie Plant, letter to NRC, L-2008-148 (June 26, 2008), at 8 (ADAMS accession no.
6 See Staff Answer at 2; St. Lucie Nuclear Plant - NRC Integrated Inspection Report 05000335/2007005, 05000389/2007005, § 4OA5.3 Unit 2 Steam Generator Replacement Inspection (IP 50001) (Feb. 1, 2008) at 27-33 (ML080350408); Affidavit of Omar R. López-Santiago Concerning SACEs Claims Regarding Staffs Steam Generator Inservice Inspection (Mar.
20, 2014), ¶¶ 10-12 (Staff Affidavit).
2 at an extended power uprate with the replacement steam generators.7 FPLs amendment request evaluated steam generator performance relative to the proposed uprate.8 The Commission published a notice of the license amendment request and an opportunity to request a hearing.9 No hearing requests or petitions to intervene were submitted.10 The Staffs approval of the amendment in September 2012 incorporated requirements into FPLs license on the use, inspection, and reporting of inspection results for the steam generators at the higher power.11 FPL shut down St. Lucie Unit 2 for a scheduled refueling outage on March 3, 2014. Existing license requirements require FPL to inspect and verify steam generator tube integrity in accordance with its Steam Generator Program during the outage and to submit the inspection results to the NRC.12 The Staff was scheduled to conduct a baseline inspection, a portion of which covers the steam generators, during the outage.13 7
Anderson, R.L., Site Vice President, St. Lucie Plant, letter L-2011-021 to NRC (Feb.25, 2011), at 1 (ML110730116). The complete license amendment request is available in ADAMS Package ML110730268. Some portions are proprietary and thus not publicly available.
8 Attachment 5 to Letter L-2011-021, St. Lucie Unit 2 EPU Licensing Report, § 2.2.2.5 "Steam Generators and Supports," at 2.2.2-57 to 2.2.2-108 (ML110730299).
9 Florida Power & Light Company, St. Lucie Plant, Unit 2 License Amendment Request; Opportunity To Request a Hearing and To Petition for Leave To Intervene, and Commission Order Imposing Procedures for Document Access, 76 Fed. Reg. 54,503 (Sept. 1, 2011).
10 Staff Answer at 3.
11 See Biweekly Notice: Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations, 77 Fed. Reg. 63,343, 63,354-55 (Oct. 16, 2012).
12 Staff Answer at 4; Docket No. 50-389, St. Lucie Plant, Unit No. 2, Renewed Facility Operating License No. NPF-16 with Technical Specifications (TS); TS 6.8.4.I.1.a, at 6-15e; TS 6.9.1.2, at 6-20f (ML052800077). FPL informed the NRC that the current refueling outage (RFO21) inspection includes, among other steam generator inspections, a 100% bobbin probe examination. Katzman, Eric S., FPL, letter to NRC Document Control Desk (Nov. 26, 2013), Att. at 4 (response to request for additional information regarding steam generator tube inspection) (ML13338A582).
13 López-Santiago, O.R., NRC, letter to M. Nazar, Executive Vice President and Chief Nuclear (continued . . .)
SACE seeks a hearing on the ground that the NRC should have required a license amendment to permit the 2007 steam generator replacement and, in not doing so, has implicitly and improperly granted a de facto license amendment.14 SACE seeks a stay of the restart of St.
Lucie Unit 2 until after: (1) a 100% inspection of the steam generator tubes by FPL and publication of the results; (2) publication of the results of the inservice inspection the Staff is conducting during the outage; and (3) completion of the adjudicatory proceeding SACE requests.15 II. DISCUSSION We first address the procedural posture of SACEs motion to stay. SACE filed its motion to stay pursuant to 10 C.F.R. § 2.342. This regulation, however, applies only to decisions or actions of a presiding officer or licensing board in a proceeding to which the movant is a party pending the filing and resolution of a petition for review.16 Here, SACE has neither been admitted as a party to an adjudication relating to St. Lucie nor identified any adjudicatory decision or action that it seeks to have us stay. For that reason alone, we find SACEs motion is procedurally improper.
Even were we to exercise discretion to stay an agency action while the hearing request is pending, SACE has failed to identify any agency action or decision relating to the restart of St.
Lucie Unit 2 that it would have us suspend. To the contrary, the thrust of SACEs complaint is that Officer, FPL, St. Lucie Nuclear Plant, Unit 2 - Notification of Inspection and Request for Information (Feb. 24, 2014), at 1 (ML14056A110); Staff Answer at 4; Staff Affidavit ¶ 13. Inspections such as this are conducted pursuant to NRC Inspection Procedure 71111.08. Staff Affidavit ¶ 13. See generally NRC Inspection Procedure 71111.08, Inservice Inspection Activities (Jan. 1, 2012)
(ML11262A023). The inspection findings will be documented in an inspection report, consistent with the Staffs usual process. And as stated by Mr. López-Santiago, any violations associated with inspection findings are addressed in accordance with the NRCs Enforcement Policy and Enforcement Manual and the NRCs Significance Determination Process. Staff Affidavit ¶ 14.
14 SACE Motion to Stay at 4- 5.
15 Id. at 1- 2.
16 See 10 C.F.R. § 2.342(a); Union Electric Co. d/b/a Ameren Missouri (Callaway Plant, Unit 2),
CLI-11-5, 74 NRC 141, 158 (2011).
the NRC has not taken sufficient regulatory actions to ensure that St. Lucie is operated safely with the replacement steam generators.17 Although we need not, and do not, reach the traditional considerations for granting or denying a stay, we consider as a discretionary matter the question of irreparable injury and observe that SACE has not demonstrated that it will be irreparably harmed unless its motion is granted. As observed by the Staff and FPL, SACEs concerns are connected to the 2007 replacement of the plants steam generators; the plant, however, has been in operation since that time.18 SACE asserts that denying the stay motion will allow a dangerous nuclear reactor to operate absent the basic safety analysis that is necessary to ensure it will not pose an undue risk to public health and safety.19 But SACE has not shown that plant restart will, in and of itself, result in irreparable harm.
As we have previously held, Merely raising the specter of a nuclear accident does not demonstrate irreparable harm.20 We therefore deny the motion to stay restart. Our denial of SACEs motion does not address the question whether SACE is entitled to seek a hearing in this matter. FPL and the Staff therefore may file answers to SACEs hearing request by April 28, 2014. SACE may file a reply within 7 days of service of the answers.
17 SACE Motion to Stay at 6 (SACEs Contention 2 asserts that changes made by FPL to steam generator design for Unit 2 fail to comply with NRC safety regulations or the NRCs reasonable assurance standard for protecting public health and safety . . .).
18 See Staff Answer at 9; FPL Answer at 8-9.
19 SACE Motion to Stay at 7.
20 Entergy Nuclear Vermont Yankee, L.L.C. and Entergy Nuclear Operations, Inc. (Vermont Yankee Nuclear Power Station), CLI-06-8, 63 NRC 235, 237 (2008).
III. CONCLUSION For the reasons discussed above, we deny SACEs stay motion.
For the Commission
[NRC Seal]
/RA/
Annette L. Vietti-Cook Secretary of the Commission Dated at Rockville, Maryland, this 1st day of April, 2014.
EXHIBIT 3 Diane Curran From: PDR Resource <PDR.Resource@nrc.gov>
Sent: Wednesday, April 02, 2014 6:52 AM To: Diane Curran
Subject:
RE: Saint Lucie 2 ML082060040
- Diane, Document is in Adams.
http://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML14084A568 Happy reading Sardar From: Diane Curran [6]
Sent: Thursday, March 27, 2014 4:05 PM To: PDR Resource
Subject:
RE: Saint Lucie 2 ML082060040 When next week???
Sent: Thursday, March 27, 2014 4:01 PM To: Diane Curran
Subject:
RE: Saint Lucie 2 ML082060040
- Diane, I spoke to Lisa, she has done work on it and waiting to hear from other party. She said we should be able to release this document next week.
Sardar From: Diane Curran [8]
Sent: Thursday, March 20, 2014 1:40 PM To: PDR Resource
Subject:
RE: Saint Lucie 2 ML082060040 Hi Sardar - Have you heard anything from St. Lucie PM yet? Thanks, Diane From: Diane Curran Sent: Thursday, March 13, 2014 11:30 AM To: PDR Resource
Subject:
RE: Saint Lucie 2 ML082060040 1
EXHIBIT 4 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 April 10, 2014 FOIA/PA-2014-00208 Dianne Curran Harmon, Curran, Spielberg & Eisenberg, LLP 1726 M Street NW, Suite 600 Washington, DC 20036
Dear Requester:
We received your Freedom of Information Act/Privacy Act (FOIA/PA) request on April 10, 2014.
Your request has been assigned the following reference number that you should use in any future communications with us about your request: FOIA/PA-2014-00208 To ensure the most equitable treatment possible of all requesters, the NRC processes requests on a first-in, first-out basis, using a multiple track system based upon the estimated time it will take to process the request. Based on your description of the records you are seeking, we estimate completion of your request will be over 20 working days. We will advise you of any change in the estimated time to complete your request.
For purposes of assessing fees in accordance with our regulations (10 CFR 9.33), we have placed your request in the following category: Non-Excepted. If applicable, you will be charged appropriate fees for: Search only. Fees will be waived for duplication of records which are responsive to your request.
A sheet has been enclosed that explains in detail the fee charges that may be applicable.
Please do not submit any payment unless we notify you to do so.
A request for expedited processing can be granted only when the requester shows a compelling need based on meeting either of two conditions: When failure to obtain the records quickly could reasonably be expected to pose an imminent threat to the life or physical safety of an individual; or, if the requester is a person primarily engaged in disseminating information, by demonstrating that an urgency to inform the public about the actual or alleged Federal Government activity exists.
Your stated reason for requesting expedited processing does not meet the above criteria. Even though you are a person primarily engaged in disseminating information, you have not demonstrated an urgency to inform the public about the actual or alleged Federal Government activity that exists.
The following person is the FOIA/PA Specialist who has been assigned responsibility for your request: Margo Stevens at 301-415-6064.
If you have questions on any matters concerning your FOIA/PA request please feel free to contact the assigned FOIA/PA Specialist or me at (301) 415-7169.
Sincerely,
/S/
Stephanie A. Blaney Acting FOIA Officer Office of Information Services
Enclosures:
Incoming Request Explanation of Fees
EXPLANATION OF FEES Requester Fee Categories Commercial: Fees are charged for document search, duplication, and review, when records are requested for commercial purposes. Fees (above the minimum fee charge) cannot be waived for this category of requester.
Educational, Non-Commercial Scientific, News Media and Privacy Act: Fees may be charged only for document duplication when records are not sought for commercial use and the request is made by an Educational or Non-Commercial Scientific Institution, whose purpose is scholarly or scientific research; or a Representative of the News Media; or a person requesting his/her own records that are in a Privacy Act system of records. No fee is charged for the first one hundred pages of duplication for this category of requester.
Non-Excepted: For any request not described above (Non-Excepted), fees may be charged for document search and duplication. No fee is charged for the first two hours of search time or for the first one hundred pages of duplication for this category of requester.
Fee Schedules Fee schedules provide only for the recovery of the direct costs of search, duplication, or review. Review costs include only the costs for initial examination of a document to determine whether it must be disclosed and to determine whether to withhold portions that are exempt from disclosure. The fee schedule is as follows:
Search & Review Conducted By Rate
! SES/COMMISSIONER $90.53/hour (ES-maximum)
! PROFESSIONAL $56.36/hour (GG-13, Step 6)
! CLERICAL $25.16/hour (GG-7, Step 6)
Duplication Charges $.20 per page Fees for non-standard search or duplication will be charged at the actual cost (e.g. providing copying of audio tapes or conducting computer searches).
Minimum Fee: No fee will be charged unless the fee is equal to or greater than $25.00.
When to Pay Fees If we estimate that fees will not exceed $25.00 or you have stated in your request a higher amount that you are willing to pay, we assume your willingness to pay up to $25 or the amount stipulated and you will be billed after we have completed your request.
If we estimate that fees will exceed $25.00 or any amount that has been stated by you in your request, we will not proceed with your request until we have notified you and obtained your agreement to pay the estimated fees.
If we estimate fees will exceed $250, you will be required to pay the estimated fees in advance before we proceed further with your request. If, while processing your request, we find that the actual fees exceed the estimated fee, we will obtain your consent to pay the additional fees before continuing to process your request. If the actual fees to process your request are less than any advance payment you have made, you will be refunded the overpayment amount.
Fee Waivers A waiver or reduction of fees may be granted for furnishing documents if a requester, by fully addressing the eight factors in 10 CFR 9.41, clearly demonstrates that disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester.
EXHIBIT 5 April 14, 2014 Mark Satorius, Executive Director for Operations U.S. Nuclear Regulatory Commission Washington, D.C. 20555 By e-mail to: Mark.satorius@nrc.gov
SUBJECT:
Appeal of FOIA/PA 2014-208 and Request for Expedited Consideration
Dear Mr. Satorius:
On behalf of Southern Alliance for Clean Energy (SACE), and pursuant to the Freedom of Information Act (FOIA) (5 U.S.C. § 552) and applicable Nuclear Regulatory Commission (NRC) regulations in10 C.F.R. Part 9, I hereby appeal NRCs refusal to expedite or grant a fee waiver with respect to SACEs April 9, 2014, FOIA request for Chapter 5 of the Updated Final Safety Analysis Report (UFSAR) for the St. Lucie Unit 2 reactor, Docket No. 50-389, as submitted by Florida Power & Light Co. (FPL) to the U.S. Nuclear Regulatory Commission (NRC) on June 26, 2008 (including the cover letter). Letter from Stephanie A. Blaney to Diane Curran re: FOIA/PA-2014-00208 (April 10, 2014) (Blaney Letter). The Acting FOIA Officers determinations on these two issues are so arbitrary and unreasonable as to make a mockery of the FOIA.
Because SACE continues to have an urgent need for the requested document, we request your expedited consideration of this appeal.
Background Information As explained in SACEs FOIA request, Chapter 5 of the 2008 UFSAR for St. Lucie Unit 2 discusses the reactor coolant system, including the steam generators. In 2007, FPL made significant design changes to the Unit 2 steam generators without obtaining a license amendment. These design changes were summarily described by FPL in a 50.59 Summary that FPL submitted to the NRC on June 26, 2008, and which was posted on ADAMS. The cover letter to the 50.59 Summary referred to the UFSAR, which FPL had submitted to the NRC the same day. The 2008 UFSAR was given an Accession Number, ML082060040, but was not posted on ADAMS.
In order to better understand the design changes that FPL had made to the Unit 2 steam generators, SACE requested a copy of Chapter 5 of the Unit 2 UFSAR from the NRCs Public Document Room (PDR) in early March of 2014. The PDR identified the documents Accession Number on March 6, 2014, and informed counsel for SACE that the NRC Staff would review it to determine what portions could be publicly released without the need for a FOIA request. See Attachments 1 and 2 to SACEs FOIA Request.
NRC FOIA Officer April 14, 2014 Page 2 of 4 On April 2, 2014, the PDR sent SACE the most recent (2012) UFSAR for St. Lucie Unit 2, but not the 2008 UFSAR. Counsel for SACE immediately clarified and reiterated her request for the 2008 UFSAR. See Attachment 3 to SACEs FOIA Request. However, she did not receive the document, nor was she told how long it would take to produce the document. Therefore, SACE submitted a FOIA request.
The Acting FOIA Officer Should Have Granted SACEs Request for Expedited Consideration As explained in SACEs FOIA Request, SACE urgently needs the requested document in order to participate effectively in a legal proceeding that is now underway before the Commission regarding the question of whether the NRC Staff effectively amended the St. Lucie Unit 2 operating license to permit operation of the reactor with substantially re-designed steam generators, in violation of the Atomic Energy Act and 10 C.F.R. § 50.59. On March 10, 2014, SACE filed a hearing request with the Commission. See Attachment 4 to SACEs FOIA Request. The Commission has ordered FPL and the NRC Staff to respond to SACEs Hearing Request by April 28, 2014, and has given SACE an opportunity to reply by May 5. See to SACEs hearing request. SACE seeks a copy of Chapter 5 of the UFSAR before April 28, in order to have as complete as possible an understanding of the nature of the Unit 2 steam generator design changes before replying to the responses of FPL and the NRC Staff.
The Acting FOIA Officer denied the request for expedited consideration and announced that responding to the request would take over 20 days, or until after April 30. Blaney Letter at 1.
As grounds for denying the request, the Acting FOIA Officer stated that although SACE is primarily engaged in disseminating information, it has not demonstrated an urgency to inform the public about the actual or alleged Federal Government Activity that exists. Blaney Letter at 1.
The Acting FOIA Officers denial appears to be based on the legally erroneous presumption that SACE does not qualify as the public. To the contrary, SACE is the public, as much as any other person or organization. SACE has demonstrated that it does not seek the information for private purposes, but rather as a public interest organization. SACE has also demonstrated that it urgently needs the information, before April 28, in order to effectively participate in the legal proceeding now pending before the Commission. The Atomic Energy Act gives SACE, as a member of the public, the right to a hearing if the NRC has amended the operating license for St.
Lucie, as SACE charges. See 42 U.S.C. § 2239(a). Thus, SACE, as a member of the public, has demonstrated that it urgently needs the information. No additional information should have been required.
SACE also demonstrated that the NRC has no practical impediment to the immediate release of the requested document, because the NRC technical Staff has already reviewed the 2012 UFSAR and disclosed it in its entirety. In addition, Chapter 5 of the UFSAR for any reactor falls into the category of information that NRC treats as immediately releasable under the FOIA. See SECY-04-191, which states that:
NRC FOIA Officer April 14, 2014 Page 3 of 4 Information related to the general workings of a nuclear power plant such as the descriptions usually provided in licensing documents (e.g., updated final safety analysis reports, license renewal applications) are released since similar information (at the level useful to a potential adversary) is available in open source literature such as text books and internet sites.
Memorandum to the Commissioners from Luis A. Reyes re: Withholding Sensitive Unclassified Information Concerning Nuclear Power Reactors from Public Disclosure (Oct. 19, 2004)
(emphasis added).1 Thus, if a member of the public requests a chapter of a UFSAR for a legitimate purpose, it is immediately releasable. In fact, when SACE initially requested Chapter 5 of the UFSAR for St. Lucie, we were informed by the PDR that a FOIA request would not be necessary. See Attachment 2 to SACEs FOIA Request.
Thus, the Acting FOIA Officers denial of SACEs request for expedited consideration was both legally erroneous and unjustified from a practical standpoint.
The Acting FOIA Officer Should Have Granted SACEs Request for Waiver of Fees The Acting FOIA Officer also denied SACEs request for a fee waiver, without explanation. By itself, this arbitrary failure to justify the denial warrants reversal. In any event, SACE clearly satisfies the standard for a fee waiver in 10 C.F.R. § 9.41(c), which requires NRC to waive searching and copying fees:
if, from information provided with the request for agency records made under § 9.23(b),
it can determine that disclosure of the information in the agency records is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the Federal Government and is not primarily in the commercial interest of the requester.
Once again, the Acting FOIA Officer appeared to ignore the fact that SACE qualifies as the public who is participating in a legal proceeding before the NRC and whose understanding of the process for approving the replacement of the St. Lucie steam generators would be improved by reviewing Chapter 5 of the 2008 UFSAR. By itself, this should be sufficient justification for a fee waiver.
In addition, SACE demonstrated that a broader segment of the public would be educated because the pleadings in the legal proceeding would be placed in the NRCs electronic hearing docket and posted on ADAMS. Posting of the information on the NRCs website should, by itself, be sufficient to show that the information will be widely disseminated to the public.
1 The Commissioners cited the guidance in SECY-04-191 with approval in South Texas Project Nuclear Operating Co. (South Texas Project, Units 3 and 4), CLI-10-24, 72 NRC 451, 453 (2010).
NRC FOIA Officer April 14, 2014 Page 4 of 4 In addition, SACE stated that it would post its pleadings on the organizations website, www.cleanenergy.org. Finally, SACE asserted that the information yielded by this FOIA request and presented in any NRC hearing that is held is likely to be covered by the press in Florida, which has previously reported on the problems experienced by St. Lucie Unit 2s re-designed steam generators. These grounds are more than sufficient to justify the waiving of search fess.
Conclusion As a matter of NRC policy, Chapter 5 of the 2008 UFSAR for St. Lucie Unit 2 should have been released to SACE upon request from the NRCs PDR. But the NRC delayed making a response for weeks, thereby forcing SACE to submit a formal FOIA request. Without any justification, the Acting FOIA Officer has now informed SACE that it will take more than an additional month to review and release the document, and that SACE will have to pay some unknown amount of money for a search fee. This determination is utterly inconsistent with the NRCs policy in SECY-04-191 for disclosure of documents that have been withheld from general posting on ADAMS, and chills the effective use of FOIA by members of the public. The Acting FOIA Officers interpretation of who constitutes the public is also inconsistent with the public participation provisions of the Atomic Energy Act and creates an impossible standard for any member of the public to meet.
Therefore, we request you to immediately reverse the Acting FOIA Officers determination and release the requested document.
Thank you for your consideration.
Sincerely,
/s/
Diane Curran dcurran@harmoncurran.com Counsel to SACE
EXHIBIT 6 Diane Curran From: PDR Resource <PDR.Resource@nrc.gov>
Sent: Tuesday, April 15, 2014 4:10 PM To: Diane Curran
Subject:
RE: St. Lucie FSAR Chapter 5 review
- Diane, Document in public Adams.
http://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML14104B631 Sardar From: Diane Curran [9]
Sent: Wednesday, April 02, 2014 1:54 PM To: PDR Resource
Subject:
RE: St. Lucie FSAR Chapter 5 review Hi Sardar - Here is the version of the UFSAR I am looking for. It is dated 2008. Although your message below says this is Chapter 7, the description says Introduction Through Chapter 7.
I also would like to get the cover letter. Thanks, Diane From: PDR Resource [10]
Sent: Thursday, March 06, 2014 3:13 PM To: Diane Curran
Subject:
FW: Saint Lucie 2 ML082060040 I requested earlier this document to be review, this is chapter 7. I called her for chapter 5, she is not in the office. I would like to make sure do you also need this document?
Sardar Document
Title:
St. Lucie Unit 2 - Updated Final Safety Analysis Report, Amendment No. 18, Introduction Through Chapter 7.
Accession Number: ML082060040 Estimated Page Count: 1193 Document Date: 6/26/08 Document Type: "Letter"; "Updated Final Safety Analysis Report (UFSAR)"
Author Name: "Johnston G L" Author Affiliation: "Florida Power & Light Co" Addressee Name:
Addressee Affiliation: "NRC/Document Control Desk"; "NRC/NRR" Docket Number: "05000389" License Number:
Case/Reference Number: "L-2008-147" 1
Document/Report Number:
Package Number:
Document Date Received:
Date Reviewed for Public Release: 10/24/08 Date Docketed:
Related Date:
Vital Records Category: No Document Status:
Media Type: Electronic Physical File Location: ADAMS FACA Document: No Date to be Released:
Distribution List Codes: A053 Contact Person:
Text Source Flag: OCRed from scanned image - no corrections made Official Record?: Yes Replicated: No ForeMost File Code (Latest): NRR-09-02-365 ForeMost Document Number: 1210352.1 URL:
DDMS Item ID:
ASLBP Number:
Date Declared: 7/31/08 10:17 AM LSN Number:
Hearing Transcript Page Range:
Hearing Party Exhibit Number:
Hearing Official Exhibit Number:
Hearing Issues:
Hearing Party Identifier:
Keyword: "laf1"; "oarc20081024rbs=Removed Non-Public Pending Review-Withheld, added date to Date Reviewed for Public Release"; "rls1"; "SUNSI Review Complete" ADAMS ItemID: 082060040 Availability: Non-Publicly Available 2