ML20197A239

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NRC-2019-000253 - Resp 6 - Interim, Agency Records Subject to the Request Are Enclosed
ML20197A239
Person / Time
Issue date: 07/14/2020
From:
NRC/OCIO
To:
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ML20197A237 List:
References
FOIA, NRC-2019-000253
Download: ML20197A239 (65)


Text

From: Bladey Cindy To: Love Blair Anaeua Cc: Barczy Theresa : Shepherd Jill : Terry Leslie

Subject:

FW: C-10 Foundation"s 2.802 Petition for Rulemaking to the NRG Date: Monday, September 29, 2014 10:04:09 AM Attachments: Scan0009.pdt Note: The petition is publicly available in ADAMS Seabrook ASR Petition for Rulemakina-2,docx as ML14281A124.

New PRM, as mentioned . I'll send to the offices for docketing review shortly.

From: Debbie Grinnell .org

Sent: Thursday, September 25, 2014 9 :54 AM To: RulemakingComments Resource

Subject:

C-10 Foundation's 2.802 Petition for Rulemaking to the NRC Hello Ms. Vietti-Cook :

Please find t he C-10 lett er and our 2.802 Petition for Ru lemaking attached for subm iss ion to your office . Would you please be so kind as to confirm t hat yo u rece ived them .

Sincere ly, Debbie Debbie Grin nell Research M anager C-10 Foundation 44 Merrimac Street Newbu ryport, Ma. 01950 Debbj e@C-10.org Tel. 978-465-6646

From: Mizuno, Geary Sent: Monday, September 29, 2014 11:56 AM To: Btadey, Cindy; Jones, Bradley; Safford, Carrie; OGCMailCenter Resource; Inverso, Tara Cc: Baray, Theresa; Love Blair, Angella; Terry, Leslie; Shepherd, Jill; Colaccino, Joseph

Subject:

RE: ACTION: Sufficiency Determination for Petition for Rulemaking submitted by C-10 Foundation Cindy:

OGC Mailroom, as this is a reactor PRM, this may be assigned to RMR only; OGC's Division of HLW need not be added to the ticket unless Carrie Safford asks to be added.

Geary From: Bladey, Cindy Sent: Monday, September 29, 2014 11:45 AM To: Jones, Bradley; Safford, carrle; OGCMailCenter Resource; Inverso, Tara Cc: Barczy, Theresa; Love-Blair, Angella; Terry, Leslie; Shepherd, Jill; Mizuno, Geary; Colaccino, Joseph

Subject:

ACTION: Sufficiency Determination for Petition for Rulemaklng submitted by C-10 Foundation NRR and OGC:

I am requesting your view on whether the attached PRM from Sandra Gavutis, Executive Director of the C-10 Foundation, is sufficient for docketing under 10 CFR 2.802. Please respond by COB Monday, October 6.

Thanks, Cindy Cindy Bladey, Chief Rules, Announcements, and Directives Branch 3WFN 06-B02 301-287-0949 ciridy.bladey@nrc.gov From: RulemakingComments Resource Sent: Friday, September 26, 2014 8:22 AM To: RldsEdoMallCenter Resource Cc: Bladey, Cindy; Giitter, Rebecca; Julian, Emile; Newell, Brian; RulemakingComments Resource; Sola, Clara; Vietti-Cook, Annette

Subject:

EDO ACTION ITEM: FW: C-10 Foundation's 2.802 Petition for Rulemaking to the NRC Attached is a petition for rulemaking submitted by Sandra Gavutis on behalf of the C-10 Foundation regarding revision to applicable regulations to:

1

1) Require that all licensees comply with ACI 349.3R
2) Require that all licensees comply with ASTM C 856-11, Standard Practice for Petrographic Examination of Hardened Concrete.

ACTION OFFICE: EDO ACTION: APPROPRIATE SECY did confirm receipt of the petition, as requested in the email.

Thank you.

Herald Herald M. Speiser Rufemakings and Adjudications Staff Office of the Secretary Nuclear Regulatory Commission (301) 415-1675 2

From: Bladey, Cindy Sent: Friday, October 03, 2014 10:53 AM To: Love Blair, Angella

Subject:

FW: ACTION: Sufficiency Determination for Petition for Rulemaking submitted by C-10 Foundation Attachments: KRATCHMAN 09 2014 SUFFICIENY REVIEW ASR concrete PRM rev1.docx Attached, sorry.

From: Inverso, Tara Sent: Thursday, October 02, 2014 12:33 PM To: Bladey, Cindy .

Cc: Colaccino, Joseph; Mizuno, Geary; Kratchman, Jessica; Mohseni, Aby

Subject:

RE: ACTION: Sufficiency Determination for Petition for Rulemaking submitted by C-10 Foundation Good afternoon, Cindy, PRMB concludes that C-1 O's petition is sufficient for docketing. Please see attached for the very thorough rationale that Jessica Kratchman provided.

Thank you, Tara From: Bladey, Cindy Sent: Monday, September 29, 2014 11:45 AM To: Jones, Bradley; Safford, carrle; OGCMallCenter Resource; Inverso, Tara Cc: Barczy, Theresa; Love-Blair, Angella; Terry, Leslie; Shepherd, Jill; Mizuno, Geary; Colaccino, Joseph

Subject:

ACTION: Sufficiency Determination for Petition for Rulemaking submitted by C-10 Foundation NRRand OGC:

I am requesting your view on whether the attached PRM from Sandra Gavutis, Executive Director of the C-10 Foundation, is sufficient for docketing under 10 CFR 2.802. Please respond by COB Monday, October 6.

Thanks, Cindy Cindy Bladey, Chief Rules, Announcements, and Directives Branch 3WFN 06-B02 301-287-0949 cindy.bladey@nrc.gov From: RulemakingComments Resource Sent: Friday, September 26, 2014 8:22 AM To: RidsEdoMailCenter Resource Cc: Bladey, Cindy; Glitter, Rebecca; Julian, Emile; Newell, Brian; RulemakingComments Resource; Sola, Clara; Vietti-Cook, Annette

Subject:

EDO ACTION ITEM: FW: C-10 Foundation's 2.802 Petition for Rulemaking to the NRC 1

Attached is a petition for rulemaking submitted by Sandra Gavutis on behalf of the C-10 Foundation regarding revision to applicable regulations to:

1) Require that all licensees comply with ACI 349.3R
2) Require that all licensees comply with ASTM C 856-11, Standard Practi'ce for Petrographic Examination of Hardened Concrete.

ACTION OFFICE: EDO ACTION: APPROPRIATE SECY did confinn receipt of the petition, as requested In the email.

Thank you.

Herald Herald M. Speiser Rulemakings and Adjudications Staff Office of the Secretary Nuclear Regulatory Commission (301) 415-167S 2

SUFFICIENCY REVIEW: seabrook ASR concrete degradation PRM submitted pursuant to 10 CFR 2.802 on 09/25/2014 PETITIONER: The C-10 Research and Education Foundation (C-10); assistance from Union of Concerned Scientists NRC REVIEWERS: Jessica Kratchman, PM, NRR/ DPR; technical support from nmothy Lupold, Branch Chief, NRR/ DE STATUS: PRM rneets the sufficiency criteria for docketing under 10 CFR 2.802. The below table surnmarizes the review.

10CFR 2.802(c): PRM Criteria (1) Set forth a general solution to the problem or The petitioner requests that the U.S. Nuclear Regulatory Commission (NRC) amend its regulations to*provide the substance or text of any proposed better protection against concrete degradation at U.S. nuclear power plants. C-10 suggests that the reliance regulation or amendment, or specify the on a visual inspection does not "adequately identify Alkali-Silica Reaction (ASR), does not confirrn ASR, or regulation which is to be revoked or amended; provide the current state of ASR damage {if present) without petrographic analysis under current existing code".

The general solution proposed by the petitioner is to revise applicable regulations to:

1. Require all licensees comply with ACI Standard 349.3R, Evaluation of Existing Nuclear Safety-Related Concrete Structures.
2. Require all licensees comply with ASTM C 856-11, Standard Practice for Petrographic Examination of Hardened Concrete.

(2) State clearly and concisely the petitioner's C-10 addresses health and safety issues related to the 5eabrook Station. C-10 evolved from Citizens Within grounds for and interest in the action the Ten-Mile Radius, a 5,000 member organization founded in 1986 to challenge evacuation plans for the requested; Seabrook Station. C-10 has been . engaging the NRC about concrete degradation at Seabrook since 12/22/2011.

(3) Include a statement in support of the petition NRC public meeting at Seabrook Station on 06/24/2014, C-10 asked if the NRC was investigating the US which shall set forth the specific issues involved, nuclear fleet for ASR concrete degradation. The NRC staff responded that ASR concrete degradation could be the petitioner's views or arguments with adequately indicated through visual examination.

respect to those issues, relevant technical, However, NRC position paper, In situ Monitoring of ASR-affected Concrete, November 2012, states "ASR can scientific or other data involved which is exist in concrete without indications of pattern cracking," and that for" ... structures exposed to ASR, internal reasonably available to the petitioner, and such damage occurs through the depth of the section but visible cracking is suppressed by heavy reinforcement..."

other pertinent information as the petitioner deems necessary to support the action sought. When NextEra determined 131 locations with "assumed" ASR visual signs within multiple power-block In support of its petition, petitioner should note structures at Seabrook Station during 2012, further engineering evaluations were not required by NRC.

any specific cases of which petitioner is aware Codes and standards exist that are capable of detecting ASR and determining the key material properties where the current rule is unduly burdensome, needed to evaluate the degree and severity of ASR damage. ACI Standard 349.3R02, for instance, has been deficient, or needs to be strengthened.

endorsed by the NRC (ADAMS ML112241029) as an acceptable method of protecting against excessive ASR concrete degradation but is not a requirement.

10/02/2014 J. Kratchman, NRR/ DPR/ PRMB

From: Kratchman, Jessica Sent: Friday, October 03, 2014 10:56 AM To: Bladey, Cindy Cc: Kratchman, Jessica; Mizuno, Geary; Inverso, Tara; Colaccino, Joseph; Mohseni, Aby; Beall, Robert; .Jones, Bradley; Biggins, James; Love Blair, Angella; Terry, Leslie; Barczy, Theresa

Subject:

RE: ACTION: Sufficiency Determination for Petition for Rulemaking submitted by C-10 Foundation (OGC Ticket 2014-3965)

Thanks Cindy. Yes please do send to me for input before you seek concurrence review. That will give me time consider the comment process as you described it.

On Friday, October 3, 2014 at 10:47:11 AM, "Bladey, Cindy" <Cindy.Bladey@nrc.gov> wrote:

Jessica, ADM will draft the NOR to include a comment request, but I suggest technical staff consider formulating a few questions to include in the notice. The intent is not to restrict the scope of the petition open for comment. Rather, staff (and the public) may find it useful if we include questions that direct public comment toward those particular areas where focused discussion and directed comment responses can assist staff to disposition the petition. If you agree with this approach, but need some time to develop questions, ADM will send you the notice for your input before we send for concurrence review. Thanks, Cindy From: Kratchman, Jessica Sent: Friday, October 03, 2014 8:42 AM To: Mizuno, Geary; Bfadey, Cindy; Inverso, Tara Cc: Colaccino, Joseph; Mohseni, Aby; Beall, Robert; Jones, Bradley; Biggins, James

Subject:

RE: ACTION: Sufficiency Determination for Petition for Rulemaking submitted by C-10 Foundation (OGC ncket 2014-3965)

Importance: High

Cindy, (b)(5)

Thanks.

-Jessie From: Mizuno, Geary Sent: Thursday, October 02, 2014 3:05 PM To: Bladey, Cindy; Kratchman, Jessica; Inverso, Tara Cc: C.Olaccino, Joseph; Mohseni, Aby; Beall, Robert; Jones, Bradley; Biggins, James

Subject:

RE: ACTION: Sufficiency Determination for Petition for Rulemaklng submitted by C-10 Foundation (OGC Ticket 2014-3965)

Cindy:

(t>)/:i)

Geary From: Bladey, Cindy Sent: Thursday, October 02, 2014 1:25 PM To: Kratchman, Jessica; Mizuno, Geary; Inverso, Tara Cc: Colaccino, Joseph; Mohseni, Aby; Beall, Robert

Subject:

RE: ACTION: Sufficiency Determination for Petition for Rulemaking submitted by C-10 Foundation Thanks Jessica. I included NRO on cc for information only at this point. RES is not a rulemaking office, and so normally does not participate in sufficiency determinations.

From: Kratchman, Jessica Sent: Thursday, October 02, 20141:23 PM To: Mizuno, Geary; Bladey, Cindy; Inverso, Tara Cc: Colacclno, Joseph; Mohseni, Aby; Beall, Robert

Subject:

RE: ACTTON: Sufficiency Determination for Petition for Rulemaking submitted by C-10 Foundation RES and NRO will weigh-in when we establish a working group. For now I consulted technical staff only to the extent necessary to aid in establishing enough understanding to make a cursory determination.

-Jessie From: Mizuno, Geary Sent: Thursday, October 02, 2014 1:18 PM To: Bladey, Cindy; Inverso, Tara Cc: Colaccino, Joseph; Kratchman, Jessica; Mohseni, Aby

Subject:

RE: ACTTON: Sufficiency Determination for Petition for Rulemaking submitted by C-10 Foundation Did we hear from NRO? Is RES also supposed to weigh in (or are they typically excluded?)

From: Bladey, Cindy Sent: Thursday, October 02, 2014 1:15 PM To: Inverso, Tara Cc: Colaccino, Joseph; Mizuno, Geary; Kratchman, Jessica; Mohseni, Aby

Subject:

RE: ACTTON: Sufficiency Determination for Petition for Rulemaklng submitted by C-10 Foundation Thanks, very nice assessment.

Geary and Tara, barring any objections, I plan to docket this PRM later today, and have my staff draft a notice of receipt that requests public comment on the petition. Please let me know if you have any objections or concerns with this approach, and/or any specific questions you would like to have included in the NOR.

Cindy 2

From: Inverso, Tara Sent: Thursday, October 02, 2014 12:33 PM To: Bladey, Cindy Cc: Colaccino, Joseph; Mizuno, Geary; Kratchman, Jessica; Mohseni, Aby

Subject:

RE: ACTION: Sufficiency Determination for Petition for Rulemaking submitted by C-10 Foundation Good afternoon, Cindy, PRMB concludes that C-1 O's petition is sufficient for docketing. Please see attached for the very thorough rationale that Jessica Kratchman provided.

Thank you, Tara From: Bladey, Cindy Sent: Monday, September 29, 2014 11 :45 AM To: Jones, Bradley; Safford, Carrie; OGCMailCenter Resource; Inverso, Tara Cc: Barczy, Theresa; Love-Blair, Angella; Terry, Leslie; Shepherd, Jill; Mizuno, Geary; Colaccino, Joseph

Subject:

ACTION: Sufficiency Determination for Petition for Rulemaking submitted by C-10 Foundation NRRand OGC:

I am requesting your view on whether the attached PRM from Sandra Gavutis, Executive Director of the C-10 Foundation, is sufficient for docketing under 10 CFR 2.802. Please respond by COB Monday, October 6.

Thanks, Cindy Cindy Blladey, Chief Rules, Announcements, and Directives Branch 3WFN 06-802 301-287-0949 cindy.bladey@nrc.gov From: RulemakingComments Resource Sent: Friday, September 26, 2014 8:22 AM To: RidsEdoMailCenter Resource Cc: Bladey, Cindy; Glitter, Rebecca; Julian, Emile; Newell, Brian; RulemakingComments Resource; Sola, Clara; Vietti-Cook, Annette

Subject:

EDO ACTION ITEM: FW: C-10 Foundation's 2.802 Petition for Rulemaking to the NRC Attached is a petition for rulemaking submitted by Sandra Gavutis on behalf of the C-10 Foundation regarding revision to applicable regulations to:

1) Require that all licensees comply with ACI 349.3R
2) Require that all licensees comply with ASTM C 856-11 , Standard Practice for Petrographic Examination of Hardened Concrete.

ACTION OFFICE: EDO ACTION: APPROPRIATE SECY did confirm receipt of the petition, as requested in the email.

3

Thank you.

Herald Herald M. Speiser Rulema.kings and Adjudications Staff Office of the Secretary Nuclear Regulatory Commission

{301) 415-1675 4

From: Mizuno, Geary Sent: Friday, October 03, 2014 ,10:58 AM To: Bladey, Cindy; Kratchman, Jessica; Inverso, Tara Cc: Colaccino, Joseph; Mohseni, Aby; Beall, Robert; Jones, Bradley; Biggins, James; Love Blair, Angella; Terry, Leslie; Barczy, Theresa

Subject:

RE: ACTION: :Sufficiency Determination for Petition for Rulemaking submitted by C-10 Foundation (OGC Ticket 2014-3965)

Colleagues:

(b)(5)

Geary From: Bladey, Cindy Sent: Friday, October 03, 2014 10:47 AM To: Kratchman, Jessica; Mizuno, Geary; Inverso, Tara Cc: Colaccino, Joseph; Mohseni, Aby; Beall, Robert; Jones, Bradley; Biggins, James; Love-Blair, Angella; Terry, Leslie; Barczy, Theresa

Subject:

RE: ACTION: Sufficiency Determination for Petition for Rulemaking submitted by C-10 Foundation (OGC Ticket 2014-3965)

Jessica, ADM will draft the NOR to include a comment request, but I suggest technical staff consider formulating a few questions to include in the notice. The intent is not to restrict the scope of the petition open for comment. Rather, staff (and the public) may find it useful if we include questions that direct public comment toward those particular areas where focused discussion and directed comment responses can assist staff to disposition the petition. If you agree with this approach, but need some time to develop questions, ADM will send you the notice for your input before we send for concurrence review. Thanks, Cindy From: Kratchman, Jessica Sent: Friday, October 03, 2014 8:42 AM To: Mizuno, Geary; Bladey, Cindy; Inverso, Tara Cc: Colacclno, Joseph; Mohseni, Aby; Beall, Robert; Jones, Bradley; Biggins, James

Subject:

RE: ACTION: Sufficiency Determination for Petition for Rulemaklng submitted by C-10 Foundation (OGC Ticket 2014-3965)

Importance: High

Cindy, 1

Thanks.

-Jessie From: Mizuno, Geary Sent: Thursday, October 02, 2014 3:05 PM To: Bladey, Cindy; Kratchman, Jessica; Inverso, Tara Cc: Colaccino, Joseph; Mohseni, Aby; Beall, Robert; Jones, Bradley; Biggins, James

Subject:

RE: ACITON: Sufficiency Determination for Petition for Rulemaking submitted by C-10 Foundation (OGC Ticket 2014-3965)

Cindy:

Geary From: Bladey, Cindy

  • sent: Thursday, October 02, 2014 1:25 PM To: Kratchman, Jessica; Mizuno, Geary; Inverso, Tara Cc: Colaccino, Joseph; Mohseni, Aby; Beall, Robert

Subject:

RE: ACTION : Sufficiency Determination for Petition for Rulemaking submitted by C-10 Foundation Thanks Jessica. I included NRO on cc for information only at this point. RES is not a rulemak.ing office, and so normally does not participate in sufficiency determinations.

From: Kratchman, Jessica sent: Thursday, October 02, 2014 1:23 PM To: Mizuno, Geary; Bladey, Cindy; Inverso, Taira Cc: Colaccino, Joseph; Mohseni, Aby; Beall, Robert

Subject:

RE: ACTION: Sufficiency Determination for Petition for Rulemaklng submitted by C-10 Foundation RES and NRO will weigh-in when we establish a working group. For now I consulted technical staff only to the extent necessary to aid in establishing enough understanding to make a cursory determination.

-Jessie From: Mizuno, Geary sent: Thursday, October 02, 2014 1:18 PM To: Bladey, Cindy; Inverso, Tara Cc: Colaccino, Joseph; Kratchman, Jessica; Mohseni, Aby

Subject:

RE: ACTION: Sufficiency Determination for Petition for Rulemaklng submitted by C-10 Foundation Did we hear from NRO? Is RES also supposed to weigh in (or are they typically excluded?)

2

From: Bladey, Cindy Sent: Thursday, October 02, 2014 1:15 PM To: Inverso, Tara*

Cc: Colaccino, Joseph; Mizuno, Geary; Kratchman, Jessica; Mohseni, Aby

Subject:

RE: ACTION: Sufficiency Determination for Petition for Rulemaking submitted by C-10 Foundation Thanks, very nice assessment.

Geary and Tara, barring any objections, I plan to docket this PRM later today, and have my staff draft a notice of receipt that requests public comment on the petition. Please let me know if you have any objections or concerns with this approach, and/or any specific questions you would like to have included in the NOR.

Cindy From: Inverso, Tara Sent: Thursday, October 02, 2014 12:33 PM To: Bladey, Cindy Cc: Colacclno, Joseph; Mizuno, Geary; Kratchman, Jessica; Mohseni, Aby

Subject:

RE: ACTION: Sufficiency Determination for Petition for Rulemaking submitted by C-10 Foundation Good afternoon, Cindy, PRMB concludes that C-1 O's petition is sufficient for docketing . Please see attached for the very thorough rationale that Jessica Kratchman provided.

Thank you, Tara From: Bladey, Cindy Sent: Monday, September 29, 2014 11:45 AM To: Jones, Bradley; Safford, carrie; OGCMailCenter Resource; Inverso, Tara Cc: Barczy, Th~resa; Love-Blair, Angella; Terry, Leslie; Shepherd, Jill; Mizuno, Geary; Colaccino, Joseph

Subject:

ACTION: Sufficiency Determination for Petition for Rulemaking submitted by C-10 Foundation NRRand OGC:

I am requesting your view on whether the attached PRM from Sandra Gavutis, Executive Director of the C-10 Foundation, is sufficient for docketing under 10 CFR 2.802. Please respond by COB Monday, October 6.

Thanks, Cindy Cindy Bladey, Chief Rules, Announcements, and Directives Branch 3WFN 06-B02 301-287-0949 cindy.bladey@nrc.gov From: RulemakingComments Resource Sent: Friday, September 26, 2014 8:22 AM To: RidsEdoMailCenter Resource CC: Bladey, Cindy; Glitter, Rebecca; Julian, Emile; Newell, Brian; RulemakingComments Resource; Sola, Clara; Vietti-3

Cook, Annette

Subject:

EDO ACTION ITEM: FW: C-10 Foundation's 2.802 Petition for Rulemaking to the NRC Attached is a petition for rulemaking submitted by Sandra Gavulis on behalf of the C-10 Foundation regarding revision to applicable regulations to:

1) Require that all licensees comply with ACI 349.3R
2) Require that all licensees comply with ASTM C 856-11, Standard Practice for Petrographic Examination of Hardened Concrete.

ACTION OFFICE: EDO ACTION: APPROPRIATE SECY did confirm receipt of the petition, as requested in the email.

Thank you.

Herald Herald M. Speiser Rulemaklngs and Adjudications Staff Office of the Secretary Nuclear Regulatory Commission (301) 415-1675

                    • ~********************

4

From: Bladey Cindy To : Ru!emakinacomments Resource : RidsEdoMailCenter Resource Cc: Giitter Rebecca : Julian Emile: Newell Brian: Sola Clara: Vietti-Cook Annette : Love Blair Angella : ~

I!Je.rfila: Terry Leslie; Kratchman Jessica : Mizuno Geary: Jones Bradley : Biggins James: Beall Robert:

Colaccino Joseph; Inverso Tara : Mohseni Aby Subject : RE: EDO ACTION ITEM: FW: C-10 Foundation"s 2.802 Petition for Rulemaking to the NRC

~-----------------~

Date: Friday, October 03, 2014 11:oo:30 AM Note: The attached email message is the first record Attachments : c-10 Foundatjon"s 2so2 Petition for Rulernakjno to the NBC rnso

  • th* t*

1 m 1s sec 10n.

SECY:

ADM has consu lted with OGG and technical staff. Please docket the subject petition as PRM 109.

Thanks, Cindy From: RulemakingComments Resource Sent: Friday, September 26, 2014 8:22 AM To: RidsEdoMailCenter Resource Cc: Bladey, Cindy; Giitter, Rebecca ; Julian , Em ile; Newell , Brian ; RulemakingComments Resource; Sola, Clara ; Vietti-Cook, Annette

Subject:

EDO ACTION ITEM: FW: C-10 Foundation's 2.802 Petition for Rulemaking to the NRC Attached is a petition for rulemaking submitted by Sandra Gavutis on behalf of the C-10 Foundation regarding revision to applicable regulations to:

1) Require that all licensees comply with ACI 349.3R
2) Require that all licensees comply with ASTM C 856-11 , Standard Practice for Petrographic Examination of Hardened Concrete .

ACTION OFFICE: E.00 ACTION: APPROPRIATE SECY did confirm receipt of the petition, as requested in the email.

Thank you .

Herald Herald M. Speiser Rulemakings and Adjudications Staff Office of the Secretary Nuclear Regulatory Commission

{301) 415-1675

From: Bladey, Cindy Sent: Wednesday, October 08, 2014 3:25 PM To: RulemakingComments Resource; Love Blair, Angella; Terry, Leslie; Barczy, Theresa Cc: Giitter, Rebecca; Julian, Emile; Sola, Clara

Subject:

RE: PRM-50-109 - Better Protection Against Concrete Degradation at Nuclear Power Plants Thank you.

From: RulemakingComments Resource Sent: Wednesday, October 08, 2014 3:25 PM To: Bladey, Cindy Cc: RulemakingComments Resource; Giitter, Rebecca; Julian, Emile; Sola, Clara

Subject:

PRM-50-109 - Better Protection Against Concrete Degradation at Nudear Power Plants

Cindy, The following petition has been docketed and a folder for PRM-50-109 has been created in ADAMS under the "ELECTRONIC RULEMAKING COMMENTS" folder.

View ADAMS P8 Pro perties ML14281Al24 Open ADAMS P8 Document (PRM-50-109 - Petition for Rulemaking Submitted by Sandra Gavutis, Exe<::utive Director of C-10 Foundation, Regarding Better Protection Against Concrete Degradation at Nuclear Power Plants. l Clara (Rica) Sola Rulemakings and Adjudications Staff Office of the Secretary From: Bladey, Cindy Sent: Friday, October 03, 2014 11:00 AM To: RulemaklngComments Resource; RidsEdoMailCenter Resource Cc: Giitter, Rebecca; Julian, Emile; Newell, Brian; Sola, Clara; Vietti-Cook, Annette; Love-Blair, Angella; Barczy, Theresa; Terry, Leslie; Kratchman, Jessica; Mizuno, Geary; Jones, Bradley; Biggins, James; Beall, Robert; Colaccino, Joseph; Inverso, Tara; Mohseni, Aby

Subject:

RE: EDO ACTION ITEM: FW: C-10 Foundation's 2.802 Petition for Rulemaking to the NRC SECY:

ADM has consulted with OGC and technical staff. Please docket the subject petition as PRM-50-109.

Thanks, Cindy From: RulemakingComments Resource Sent: Friday, September 26, 2014 8:22 AM To: RidsEdoMallCenter Resource Cc: Bladey, Cindy; Giitter, Rebecca; Julian, Emile; Newell, Brian; RulemaklngComments Resource; Sola, Clara; Vietti-Cook, Annette

Subject:

EDO ACTION ITEM: FW: C-10 Foundation's 2.802 Petition for Rulemaklng to the NRC 1

Attached is a petition for rulemakin.g submitted by Sandra Gavutis on behalf of the C-10 Foundation regarding revision to applicable regulations to:

1) Require that all licensees comply with ACI 349.3R
2) Require that all licensees comply with ASTM C 856-11, Standard Practice for Petrographic Examination of Hardened Concrete.

ACTION OFFICE: EDO ACTION: APPROPRIATE SECY did confirm receipt of the petition, as requested in the email.

Thank you.

Herald Herald M. Speiser Rulem<1kings and Adjudications Staff Office of the Secretary Nuclear Regulatory Commission

{301} 415-1675 2

From: Bladey, Cindy Sent: Friday, October 31, 2014 5:53 PM To: Love Blair, Angella; Barczy, Theresa

Subject:

Re: INPUT: NOR questions, ASR Concrete Degradation (PRM 50-109)

Sounds good. Please record your time for this activity in HRMS. I will approve CHE for Sat (only}, COMP or OT Sun.

From: Love-Blair, Angella sent: Friday, October 31, 2014 05:48 PM To: Bladey, Cindy; Barczy, Theresa

Subject:

RE: INPUT: NOR questions, ASR Concrete (?egradation (PRM 50-109)

I'm sorry. I've allowed myself to be pulled into other projects. I wiJI write it this weekend and send it out for concurrence Monday. I will copy you both.

From: Bladey, Cindy Sent: Friday, October 31, 2014 1:44 PM To: Baray, Theresa; Love-Blair, Angella

Subject:

Fw: INPUT: NOR questions, ASR Concrete Degradation (PRM 50-109)

?

From: Kratchman, Jessica sent: Friday, October 31, 2014 01:25 PM To: Bladey, Cindy SUbject: RE: INPUT: NOR questions, ASR Concrete Degradation (PRM .50-109)

Hi Cindy, Any news on this PRM?

Thanks so much.

-Jessie From: Kratchman, Jessica sent: Monday, October 27, 2014 9:19 AM To: Blaoley, Cindy

Subject:

RE: INPUT: NOR questions, ASR Concrete Degradation (PRM 50-109)

Cindy- Just checking on the status of PRM 50-109.

Thanks.

-Jessie From: Bladey, Cindy sent: Thursday, October 16, 2014 10:42 AM To: Kratchman, Jessica Cc: Beall, Robert; Mizuno, Geary; Inverso, Tara; Love-Blair, Angella; Barczy, Theresa

Subject:

RE: INPUT: NOR questions, ASR Concrete Degradation (PRM 50-109) 1

Thanks Jessica. We'll be sending out the draft FRN for review and concurrence next week.

Cindy From: Kratchman, Jessica Sent: Thursday, October 16, 2014 9:44 AM To: Bladey, Cindy Cc: Beall, Robert; Mizuno, Geary; Inverso, Tara

Subject:

FW: INPUT: NOR questions, ASR Concrete Degradation (PRM 50~109)

Cindy, I have provided staff with a little over a week to develop questions to include with the NOR for PRM 50-109. I have received no feedback so, as I informed staff would be the case, please proceed with Issuing the FRN for this issue without questions. We in DPR still believe this issue should be available for public comment given the high visibility and public interest of the topic. *
  • Thanks. And please let me know if you need anything or I can help in any way.

-Jessie Jessica Kratchman, candidate DrPH Division of Policy and Rulemaking Office of Nuclear Reactor Regulations U.S. Nuclear Regulatory Commission 301-415-5112 From: Kratchman, Jessica Sent: Tuesday, October 07, 201411:40 AM To: Burke, John; Gray, Mel; Lupold, Timothy Cc: Beall, Robert; Inverso, Tara; Bladey, Cindy; Mizuno, Geary

Subject:

RE: INPUT: NOR questions, ASR Concrete Degradation (PRM 50-109)

One more note: I included two questions at the bottom of my email as an example of questions provided in an NOR. Those included below were developed by Bob Beall, senior DPR PM, for use with the Cyber Security Rule. Hopefully that will help.

-Jessie From: Kratchman, Jessica Sent: Tuesday, October 07, 2014 11:38 AM To: Burke, John; Gray, Mel; Lupold, Timothy Cc: Beall, Robert; Inverso, Tara; Bladey, Cindy; Mizuno, Geary

Subject:

INPUT: NOR questions, ASR Concrete Degradation (PRM 50-109)

John, Mel and Tim, I am a PM in NRR/ DPR. We recently received the attached Petition for Rulemaking under 10 CFR 2.802 with regards to the sufficiency of visual inspections in determining concrete degradation from alkali-silica reactions (ASR}. The petitioner asserts that visual inspections do not adequately identify ASR or provide a sufficient damage assessment. They propose that the NRC revise current regulation to require compliance with ACI 349.3R and ASTM 856-11. On 10/02 DPR and OGC agreed that this PRM meets the minimum requirements for processing. As such this PRM has been docketed by SECY as 2

PRM 50-109. Please note that docketing a PRM does not confirm to the technical viability of an argument; it merely means the PRM meets the requirements of 10 CFR 2.802 to move forward in the process.

I am reaching out to you on this matter to help develop basic questions that can be included with the Notice for Rulemaking (NOR). These questions should help focus stakeholder comment submissions. Note that most rulemakings do not have questions associated with the NOR, so only develop questions if you believe that this issue requires them.

Also note that this issue is not specific to Seabrook; the PRM was raised as a generic issue, citing Seabrook as its main example.

Please let me know if you have questions. I would appreciate your feedback by Wednesday COB (10/14). If t do not receive feedback from you I will assume questions were deemed unnecessary for this NOR. Please report your time using TAC: MF4971. And finally- if I have left out a key technical contributor please let me know, however please use your discretion at this step because we will develop a more comprehensive working group later in the process.

Thanks.

-Jessie Jessica Kratchman, candidate DrPH Division of Policy and Rulemaking Office of Nuclear Reactor Regulations U.S. Nuclear Regulatory Commission 301-415-5112

1) Please indicate the inadequacies in the NRC's current regulatory approach and framework (i.e., cyber security rule (10 CFR §73.54 and Regulatory Guide 5.71, "Cyber Security Programs for Nuclear Facilities" (ADAMS Accession No. ML090340159))) that would be remedied by the proposed rul_ emaking. Speclflcally, what cyber threat or vulnerability is not addressed by the current NRC regulations and guidance?
2) Have one of the PLCs with the proposed write-once, read-many (WORM) media been installed in any operating facility (nuclear or non-nuclear)? Are these PLCs alone sufficient to protect against cyber threats? What other cyber controls may be required at nuclear power plants if a PLC with the patented WORM media was installed?

Jessica Kratchman, candidate DrPH Division of Policy and Rulemaklng Office of Nuclear Reactor Regulations U.S. Nuclear Regulatory Commission 301-415-5112 3

From: Kratchman, Jessica Sent Thursday, November 06, 2014 4:25 PM To: Lov,e Blair, Angella; RidsNrrDpr Resource; OGCMailCenter Resource Cc: Barczy, Theresa; Bladey, Cindy; Inverso, Tara; Philip, Jacob

Subject:

RE: CONCURRENCE REQUESTED BY NOVEMBER 19, 2014 - NOTICE OF RECEIPT AND REQUEST FOR COMMENTS ON PRM-50--109

-Jessie Jessica Kratchman, candidate DrPH Division of Policy and Ruletnaking Office of Nuclear Reactor Regulations U.S. Nuclear Regulatory Commission 301-415-5112 From: Love-Blair, Angella Sent: Tuesday, November 04, 2014 6:47 PM To: RidsNrrDpr Resource; OGCMailCenter Resource Cc: Barczy, Theresa; Bladey, Cindy; Kratchman, Jessica; Inverso, Tara

Subject:

CONCURRENCE REQUESTED BY NOVEMBER 19, 2014 - NOTICE OF RECEIPT AND REQUEST FOR COMMENTS ON PRM-50-109 Attached for your review and concurrence is the notice of receipt and request for comments on PRM-50-109, Better Protection against Concrete Degradation at Nuclear Power Plants. I have also attached the incoming petition for your convenience.

Please let me know if you have any questions or concerns.

Angella

From: Mohseni, Aby Sent: Wednesday, November 12, 2014 9:40 AM To: Love Blair, Angella Cc: Inverso, Tara; Kratchman, Jessica; Kokajko, Lawrence

Subject:

FW; Please Provide Concurrence; CONCURRENCE REQUESTED BY NOVEMBER 19, 2014 -

NOTICE OF RECEIPT AND REQUEST FOR COMMENTS ON PRM-50-109 Attachments: C-10 Petition - Notice of Docketing and Request for Comments.docx; PRM-50-109.pdf Note: The first attachment, a 6-page draft of the FR notice, is Angella, withheld in its entirety under FOIA exemption 5. The second attachment is another coov of the oetition.

NRR concurs with the FRN with the following comments.

1blf5)

Thank you for the opportunity to review and comment, Aby Mohseni, Deputy Director, DPR/NRR

From: Mizuno, Geary Sent Wednesday, November 12, 2014 1:23 PM To: Love Blair, Angella Cc: Kratchman, Jessica Subject RE: Comments on Notice of Docketing for PRM-50-109, Concrete degradation (OGC Ticket 14-4602)

Geary From: Love-Blair, Angella Sent: Wednesday, November 12, 2014 10:41 AM To: Mizuno, Geary Cc: Kratchman, Jessica

Subject:

RE: Comments on Notice of Docketing for PRM-50-109, Concrete degradation (OGC Ticket 14-4602)

Geary, Angella From: Mizuno, Geary Sent: Thursday, November 06, 2014 2:52 PM To: Kratchman, Jessica; Love-Blair, Angella Cc: Biggins, James; Jones, Bradley; Beall, Robert

Subject:

RE: Comments on Notice of Docketing for PRM-50-109, Cocrete degradation (OGC llcket 14-4602)

Geary From: Kratchman, Jessica Sent: Thursday, November 06, 2014 2:46 PM To: Mizuno, Geary; Love-Blair, Angella Cc: Biggins, James; Jones, Bradley; Beall, Robert

Subject:

RE: Comments on Notice of Docketing for PRM-50-10~, Cocrete degradation (OGC Ticket 14-4602)

Geary, l

Thanks.

-Jessie Jessica Kratchman, candidate DrPH Division of Policy and Rulemaking Office o f Nuclear Reactor Regulations U.S. Nuclear Regulatory Commission 301-415-5112 From: Mizuno, Geary Sent: Thursday, November 06, 2014 12:00 PM To: Love-Blair, Angella; Kratchman, Jessica Cc: Biggins, James; Jones, Bradley

Subject:

Comments on Notice of Docketing for PRM-50-109, Cocrete degradation (OGC Ticket 14-4602)

Angela and Jessfoa:

I am reviewing the notice of docketing for PRM-50-109, submitted by C-10 Foundation, seekina rulemakina on concrete degradation (OGC Ticket 14-4602) .\

Geary 2

From: Love Blair, Angella Sent: Wednesday, November 12, 2014 1:35 PM To: OGCMailCenter Resource Cc: Mizuno, Geary; Kratchman, Jessica; Bladey, Cindy; Terry, Leslie; Barczy, Theresa; Inverso, Tara

Subject:

NLO REQUESTED BY NOVEMBER 26, 2014 - NOTICE OF RECEIPT AND REQUEST FOR COMMENTS ON PRM-50-109 Attachments: C-10 Petition - Notice of Docketing and Request for Comments.docx; FW: Please Provide Concurrence: CONCURRENCE REQUESTED BY NOVEMBER 19, 2014 - NOTICE OF RECEIPT AND REQUEST FOR COMMENTS ON PRM-50-109 Note: T he first Tracking: Redplent Delivery attachment, a 6-page draft of th e FR notice, OGCMailCenter Resource Delivered: 11/12/2014 1:35 PM is withheld in its Mizuno, Geary Delivered: 11/12/2014 1:35 PM entirety under FOIA exemption 5.

Kratchman, Jessica Delivered: 11/12/2014 1:35 PM Bladey, Cindy Delivered: 11/12/2014 1:35 PM Terry, Leslie Delivered: 11/12/2014 1:35 PM Barczy, Theresa Delivered: 11/12/2014 1:35 PM Inverso, Tara Delivered: 11/12/2014 1:35 PM Angella

From: Mizuno, Geary Sent: Wednesday, November 12, 2014 1:56 PM To: Love Blair, Angella Cc: Kratchman, Jessica; Bladey, Cindy; Terry, Leslie; Barczy, Theresa; Inverso, Tara; Jones, Bradley; Biggins, James

Subject:

RE: NLO REQUESTED BY NOVEMBER 26, 2014 - NOTICE OF RECEIPT AND REQUEST FOR COMMENTS ON PRM-50-109 Attachments: RE: Comments on Notice of Docketing for PRM-50-109, Cocrete degradation (OGC Ticket 14-4602) Note: The 6-page draft attachment is withheld in its entirety under FOIA exemption 5.

Angela:

By this e-mail, OGC-RMR is providing a NLO to the notice of receipt and request for comment n PRM 109 as set forth in the documents attached to our November 1.2, 2014 e-mail sent at 1;35PM (b)(5)

Geary From: love-Blair, Angella sent: Wednesday, November 12, 2014 1:35 PM To: OGCMailCenter Resource Cc: Mizuno, Geary; Kratchman, Jessica; Bladey, Cindy; Terry, Leslie; Barczy, Theresa; Inverso, Tara

Subject:

NLO REQUESTED BY NOVEMBER 26, 2014 - NOTICE OF RECEIPT AND REQUEST FOR COMMENTS ON PRM 109 Angella

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 February XX, 2015 The Honorable James M. lnhofe Chairman, Committee on Environment and Public Works United States Senate Washington, DC 20510

Dear Mr. Chairman:

Enclosed is a copy of a notice of receipt and request for public comments for a petition for rulemaking (PRM), PRM 109, filed by Sandra Gavutis on behalf of C-10 Research and Education Foundation (the petitioner), on September 25, 2014. The petitioner requests that the NRC amend its regulations to provide improved identification techniques against Alkali-Silica Reaction concrete degradation at nuclear power plants. The notice of receipt has been published in the Federal Register for a 75-day public comment period. For more information, see the enclosed document.

Please feel free to contact me at (301) 415-1776 if you have questions or need more information.

Sincerely, Eugene Dacus, Director Office of Congressional Affairs

Enclosure:

Federal Register Notice This Notice appears at 80 FR 1476 (Monday, January 12, 2015).

cc: Senator Barbara Boxer

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 February XX, 2015 The Honorable Shelly Moore Capito Chairman, Subcommittee on Clean Air and Nuclear Safety Committee on Environment and Public Works United States Senate Washington, DC 20510

Dear Madame Chairman:

Enclosed is a copy of a notice of receipt and request for public comments for a petition for rulemaking (PRM), PRM-50-109, filed by Sandra Gavutis on behalf of C-10 Research and Education Foundation (the petitioner), on September 25, 2014. The petitioner requests that the NRG amend its regulations to provide improved identification techniques against Alkali-Silica Reaction concrete degradation at nuclear power plants. The notice of receipt has been published in the Federal Register for a 75-day public comment period. For more information, see the enclosed document.

Please feel free to contact me at (301) 415-1776 if you have questions or need more information.

Sincerely, Eugene Dacus, Director Office of Congressional Affairs

Enclosure:

Federal Register Notice cc: Senator Thomas R. Carper

UNITED STATES NUCLEAR REGULATORY.COMMISSION WASHINGTON, D.C. 20555-0001 February XX, 2015 The Honorable Fred Upton Chairman, Committee on Energy and Commerce United States House of Representatives Washington, DC 20515

Dear Mr. Chairman:

Enclosed is a copy of a notice of receipt and request for public comments for a petition for rulemaking (PRM), PRM-50-109, filed by Sandra Gavutis on behalf of C-10 Research and Education Foundation (the petitioner), on September 25, 2014. The petitioner requests that the NRC amend its regulations to provide improved identification techniques against Alkali-Silica Reaction concrete degradation at nuclear power plants. The notice of receipt has been published in the Federal Register for a 75-day public comment period. For more information, see the enclosed document.

Please feel free to contact me at (301) 415-1776 if you have questions or need more information.

Sincerely, Eugene Dacus, Director Office of Congressional Affairs

Enclosure:

Federal Register Notice cc: Representative Frank Pallone

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 February XX, 2015 The Honorable Ed Whitfield Chairman, Subcommittee on Energy and Power Committee on Energy and Commerce United States House of Representatives Washington, DC 20515

Dear Mr. Chairman:

Enclosed is a copy of a notice of receipt and request for public comments for a petition for rulemaking (PRM), PRM-50-109, filed by Sandra Gavutis on behalf of C-10 Research and Education Foundation (the petitioner), on September 25, 2014. The petitioner requests that the NRC amend its regulations to provide improved identification techniques against Alkali-Silica Reaction concrete degradation at nuclear power plants. The notice of receipt has been published in the Federal Register for a 75-day public comment period. For more information, see the enclosed document.

Please feel free to contact me at (301) 415-1776 if you have questions or need more information.

  • Sincerely, Eugene Dacus, Director Office of Congressional Affairs

Enclosure:

Federal Register Notice cc: Representative Bobby L. Rush

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 February XX, 2015 The Honorable John Shimkus Chairman, Subcommittee on Environment and the Economy Committee on Energy and Commerce United States House of Representatives Washington, DC 20515

Dear Mr. Chairman:

Enclosed is a copy of a notice of receipt and request for public comments for a petition for rulemaking (PRM), PRM-50-109, filed by Sandra Gavutis on behalf of C-10 Research and Education Foundation (the petitioner), on September 25, 2014. The petitioner requests that the NRC amend its regulations to provide improved identification techniques against Alkali-Silica Reaction concrete degradation at nuclear power plants. The notice of receipt has been published in the Federal Register for a 75-day public comment period. For more information, see the enclosed document.

Please feel free to contact me at (301) 415-1776 if you have questions or need more information.

Sincerely, Eugene Dacus, Director Office of Congressional Affairs

Enclosure:

Federal Register Notice cc: Representative Paul Tonko

February XX, 2015 The Honorable John Shimkus Chairman, Subcommittee on Environment and the Economy Committee on Energy and Commerce United States House of Representatives Washington, DC 20515

Dear Mr. Chairman:

Enclosed is a copy of a notice of receipt and request for public comments for a petition for rulemaking (PRM), PRM-50-109, filed by Sandra Gavutis on behalf of C-10 Research and

  • Education Foundation (the petitioner), on September 25, 2014. The petitioner requests that the NRC amend its regulations to provide improved identification techniques against Alkali-SIiica Reaction concrete degradation at nuclear power plants. The notice of receipt has been published in the Federal Register for a 75-day public comment period. For more information, see the enclosed document.

Please feel free to contact me at (301) 415-1776 if you have questions or need more information.

Sincerely, Eugene Dacus, Director Office of Congressional Affairs

Enclosure:

Federal Register Notice cc: Representative Paul Tonko IDENTICAL LETTERS SENT TO:

The Honorable James M. lnhofe with cc: to Senator Barbara Boxer The Honorable Shelly Moore Capito with cc: to Senator Thomas R. Carper The Honorable Fred Upton with cc: to Representative Frank Pallone The Honorable Ed Whitfield with cc: to Representative Bobby L. Rush ADAMS Accession No: ML14363A002 OFFIC ADM/DAS/RA ADM/DAS/RA ADM/DAS/RA OCA/O E DB/RT DB/TL DB/BC NAME ALoveBlair LTerry CBladey DATE 11/25/14 2/ /15 2/ /15 2/ /15 OFFICIAL AGENCY RECORD

Sandra Gavutls Executive Director

~-10 Foundation' Commenlled [ALl): Th* FRN 1latll the name as lhe C-10 44 Merrimac Street Research and Educatlon Foundation. We need lo confirm the I Newburyport, MA 01950 r corroct n,,,,. 111d UH It eonslatenUy thrcugllOUI IN doeurrwtnta.

Dear Ms. Gravutis:

I am responding to the C-10 Foundation's (C-10) submittal from September 25, 2014 (Accession No. ML14281A124 in the NRC's Agencywide Documents Access and Management System), in which C-10 requested that the U.S. Nuclear Regulatory Commission (NRC) amend its regulations to provide better protection against concrete degradation due to alkali-silica reaction (ASR) at U.S. nuclear power plants by requiring au licensees to comply with American Concrete Institute (ACI) Committee Report ACI 349.3R, "Evaluation of Existing Nuclear Safety-Related Concrete Structures," and American Society for Testing and Materials -Standard C856-11. "Standard Practice for Petrographic Examination of Hardened Concrete.' The C-10's request asserts that reliance on visual Inspection does not adequately identify ASR, and does not confirm ASR or provide the current state of ASR damage without petrographic examination.

The petition for rulemaking (PRM) was docketed by the NRC on October 8, 2014, and was assigned Docket No. PRM-50-109. The notice of docketing was pubHshed on January 12, 2015 (80 FR 1476), and the public comment period closed on March 30, 2015.

The NRC has determined that the PRM failed to present Information or arguments not*already considered by the NRC when addressing recently-identified ASR at a nuclear power planlr wl'lioo-that would warrant the adoption of the regulations requested In the PRM. The NRC is, therefore, den'jing the petition. The reasons for the denial are discussed in detail in the enclosed notice, which will be published in the Federal Register. Upon publication of the notice, the NRC will close PRM-50-109.

You may direct any questions regarding this matter to Jessica Kratchman. by calling 301-415-5112 or by e-mailing Jessica.Kratchman@nrc.gov.

Slncerely, Annette L. Vietti-Cook Secretary of the Commission

Enclosure:

Federal Register notlce

Sandra Gavutis Executive Director C-10 Foundation 44 Merrimac Street Newburyport, MA 01950

Dear Ms. Gravutis:

I am responding to the C-10 Foundation's (C-10) submittal from September 25, 2014 (Accession No. ML14281A124 in the NRC's Agencywide Documents Access and Management System), in which C-10 requested that the U.S. Nuclear Regulatory Commission (NRC) amend its regulations to provide better protection against concrete degradation due to alkali-silica reaction (ASR) at U.S. nuclear power plants by requiring all licensees to comply with American Concrete Institute (ACI) Committee Report ACI 349.3R, ' Evaluation of Existing Nuclear Safety-Related Concrete Structures," and American Society for Testing and Materials -Standard C856-11, *standard Practice for Petrographic Examination of Hardened Concrete.* The C-10's request asserts that reliance on visual inspection does not adequately identify ASR, and does not confirm ASR or provide the current state of ASR damage without petrographic examination.

The petition for rulemaklng (PRM) was docketed by the NRC on October 8, 2014, and was assigned Docket No. PRM-50-109. The notice of docketing was published on January 12, 2015 (80 FR 1476), and the public comment period closed on March 30, 2015.

The NRC has determined that the PRM failed to present Information or arguments not already considered by the NRC when addressing recently-Identified ASR at a nuclear power plant,

~that would warrant the adoption of the regulations requested In the PRM. The NRC is, therefore, denying the petition. The reasons for the denial are discussed In detail In the enclosed notice, which will be published in the Federal Register. Upon publication of the notice, the NRC will close PRM-50-109.

You may direct any questions regarding this matter to Jessica Kratchman, by calling 301-415-5112 or by e-mailing Jessica.Kratchman@nrc.gov.

Sincerely, Annette L. Vietti-Cook Secretary of the Commission

Enclosure:

Federal Register notice DISTRIBUTION:

PRMB r/f RAD/ADM r/1 RldsNrrOpr JKralchman Glappert R ldsNrrOd RldsEdoMailCenter RldsOgcMailCenter Tlnverso ADAMS Accession Nos: PKG: ML15301A002; LTR: ML15301A003; SECY: ML15301A064; FRN: Ml15301A192 Cona,..1lonal Llrs: ML15301A197 OFFICE NRR/DPR/PRMB/PM NRR/DPR/PR MB/RS NRR/DPR/PRMB/BC ADM/DAS/RADB/BC OGC NAME JKratchman Gla<>""rt Tlnvenio CBladev DATE OFFICE NRR/DPR/DD NRR/DPR/D NRR/D EDO SECY NAME AMohsenl LKokajko WDean VMcCree DATE

OFFICIAL RECORD COPY UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 MEMORANDUM TO: Eugene Dacus, Acting Director Office of Congressional Affairs FROM: Cindy K. Bladey, Chief Rules, Announcements, and Directives Branch Division of Administrative Services Office of Administration

SUBJECT:

TRANSMITTAL OF CONGRESSIONAL LETTERS Enclosed for your signature are five congressional letters prepared for the petition for rulemaking entitled, "Improved Identification Techniques against Alkali-Silica Reaction Concrete Degradation at Nuclear Power Plants" (PRM-50-109; NRC-2014-0257).

The documentwas provided to the Office of the Secretary (SECY) for signature and subsequent publication. We have provided 15 copies of the documentto the Office of Congressional Affairs (OCA) to be dispatched with the letters.

The ADAMS accession number for the congressional letters is ML14363A002. The OCA has been provided owner rights for the congressional letters.

Please return the concurrence page and file copy of the letters to Jessica Kratchman, NRR/DPR, Mailstop 12020. In addition, please return a copy of the letters to me at OWFN HOB.

You may direct questions to me at 301 -415-3280 (e-mail: Cindy.Bladey@nrc.gov} or to Leslie Terry at 301-415-1167 ( e-mail: Leslie.Terry@ntc.gov).

Enclosures:

As stated

MLXXXXXXXXX OFFICE AOM:OAS:RADB ADM:DAS:RADB:TL ADM:DAS:RADB:BC NAME ALOVEBLAIR LTERRY CBLADEY DATE 02/ /15 I /15 / /15 The Honorable James M. lnhofe Chairman, Committee on Environment and Public Works United States Senate Washington, DC 20510

Dear Mr. Chairman:

The U.S. Nuclear Regulatory Commission (NRC) Is publishing the following document In the Federal Register.

Title:

Improved Identification Techniques against Alkali-Silica Reaction (ASR) Concrete Degradation at Nuclear Power Plants (NRC-2014-0257]

  • Description of the petition for rulemaklng (PRM): This Federal Register notice denies PRM-50-109, which requested that the NRC amend its regulations to provide~ ,

~ r 9 . .t~g!<?n.~9.~!r:i.~L<19.r!\:!~t~.~-l:!9.~~~-l}!le>n _~\J.~Jc;>_~~R.~Lt,JJ?, nuclear P9Y!'!!U?l~n~ ... -** I ~ l e d [Al.81]: For conailtency among 1N documtntt. j by requiring all licensees to comply with American Concrete Institute Committee Report ACI 349.3R "Evaluation of Existing Nuclear Safety-Related Concrete Structures,' and American Society for Testing and Materials Standard C856-11 "Standard Practice for Petrographic Examination of Hardened Concrete.'

  • Dates: The docket for the petition for rulemaking PRM-50-109 ls closed on the date of publication.

For more information, see the enclosed document.

Please contact me at 301-415-1776 if you have questions or need more Information.

Sincerely, Eugene Dacus, Director Office of Congressional Affairs

Enclosure:

Federal Register notice cc: Senator Barbara Boxer

The Honorable Shelly Moore Capito Chairman, Subcommittee on Clean Air end Nuclear Safety Committee on Environment and Public Works United States Senate Washington, DC 20510

Dear Madame Chairman:

The U.S. Nuclear Regulatory Commission (NRC) is publishing the following document in the Federal Register.

Title:

Improved Identification Techniques against Alkali-Silica Reaction (ASR) Concrete Degradation at Nuclear Power Plants [NRC-2014-0257)

  • Description of the petition for rulemaking (PRM): This Federal Register notice denies PRM-50-109, which requested that the NRC amend Its regulations to provide~

better protection against concrete degradation due to ASR at U.S. nuclear power plants by requiring all licensees to comply with American Concrete Institute Committee Report ACI 349.3R "Evaluation of Existing Nuclear Safety-Related Concrete Structures,* and American Society for Testing and Materials Standard C856-1 1 "Standard Practice for Petrographic Examination of Hardened Concrete."

  • Dates: The docket for the petition for rulemaking PRM-50-109 is closed on the date of publication.

For more Information, see the enclosed document.

Please contact me at 301-415-1776 if you have questions or need more Information.

Sincerely, Eugene Dacus, Director Office of Congressional Affairs

Enclosure:

Federal Register notice cc: Senator Thomas R. Carper

The Honorable Fred Upton Chairman, Committee on Energy and Commerce United States House of Representatives Washington, DC 20515

Dear Mr. Chairman:

The U.S. Nuclear Regulatory Commission (NRC) Is publishing the following document in the Federal Register.

Title:

Improved ldentiflcatlon Techniques against Alkali-Silica Reaction (ASR) Concrete Degradation at Nuclear Power PIa*n1s [NRC-2014-0257)

  • Description of the petition for rulemaking (PRM): This Federal Register no-tice denies PRM-50-109, which requested that the NRC amend its regulations to provide~

~rotectlon against concrete degradation due to ASR at U.S. nuclear power plants I

by requiring an licensees to comply with American Concrete Institute Committee Report ACI 349.3R *evaluation of Existing Nuclear Safety-Related Concrete Structures," and American Society for Testing and Materlals Standard CB56-11 'Standard Practice for Petrographic Examination of Hardened Concrete.*

  • Dates: The docket for the petition for rulemaking PRM-50-109 is closed on the date of publication.

For more information, see the enclosed document.

Please contact me at 301-415-1776 if you have questions or need more information.

Sincerely, Eugene Dacus, Director Office of Congressional Affairs

Enclosure:

Federal Register notice cc: Representative Frank Pallone

The Honorable Ed Whitfield Chairman, Subcommittee on Energy and Power Committee on Energy and Commerce United States House of Representatives Washington, DC 20515

Dear Mr. Chairman:

The U.S. Nuclear Regulatory Commission (NRC) is publishing the following document in the Federal Register.

Title:

Improved Identification Techniques against Alkali-Silica Reaction (ASR) Concrete Degradation at Nuclear Power Plants [NRC-2014-0257)

  • Description of the petition for rulemaklng (PRM): This Federal Register notice denies PRM-50-109, which requested that the NRC amend Its regulations to provide~

better protection against concrete degradation due to ASR at U.S. nuclear power plants by requiring all licensees to comply with American Concrete Institute Committee Report ACI 349.3R "Evaluation of Existing Nuclear Safety-Related Concrete Structures." and American Society for Testing and Materials Standard CB56-11 *standard Practice for Petrographic Examination of Hardened Concrete.'

  • Dates: The docket for the petition for rulemaklng PRM-50-109 is closed on the date of pu~lication.
  • For more information, see the enclosed document.

P1ease contact me at 301-415-1776 if you have questions or need more information.

Sincerely, Eugene Dacus, Director Office of Congressional Affairs

Enclosure:

Federal Register notice oc: Representative Bobby L. Rush

The Honorable John Shimkus Chainnan. Subcommittee on Environment and the Economy Committee on Energy and Commerce United States House of Representatives Washington, DC 20515

Dear Mr. Chairman:

The U.S. Nuclear Regulatory Commission (NRC) is publishing the following document In the Federal Register.

Title:

Improved Identification Techniques against Alkall-Sillca Reaction (ASR) Concrete Degradation at Nuclear Power Plants (NRC-2014-0257]

  • Description of the petition for rulemaking (PRM): This Federal Register notice denies PRM-50-109, which requested that the NRC amend its regulations to provide lmpr~ I

~rotection against concrete degradation due to ASR at U.S. nuclear power plants by requiring all licensees to comply with American Concrete Institute Committee Report ACI 349.3R "Evaluation of Existing Nuclear Safety-Related Concrete Structures," and American Society for Testing and Materials Standard C856-11 "Standard Practice for Petrographic Examination of Hardened Concrete."

  • Dates: The docket for the petition for rulemaklng PRM-50-109 is closed on the date of publication.

For more infonnatlon, see the enclosed document.

Please contact me at 301-415-1776 if you have questions or need more information.

Sincerely, Eugene Dacus, Director Office of Congressional Affairs

Enclosure:

Federal Register notice cc: Representative Paul Tonko

The Honorable John Shimkus Chairman, Subcommittee on Environment and the Economy Committee on Energy and Commerce United States House of Representatives Washington, DC 20515

Dear Mr. Chairman:

The U.S. Nuclear Regulatory Commission (NRC) is publishing the following document in the Federal Register.

Title:

Improved Identification Techniques against Alkali-Silica Reaction (ASR) Concrete Degradation at Nudear Power Plants [NRC-2014-0257]

  • Description of the petition for rulemaking (PRM): This Federal Register notice denies PRM-50-109, which requested that the NRC amend Its regulations to provide lmf!feved better protection against concrete-degradation due to ASR at U.S. nuclear power plants by requiring all licensees to comply with American Concrete Institute Committee Report ACI 349.3R "Evaluation of Existing Nuclear Safety-Related Concrete Structures,* and Am erlcan Society for Testing and Materials Standard C856-11 "Standard Practice for Petrographic Examination of Hardened Concrete.'
  • Dates: The docket for the petition for rulemaking PRM-50-109 is closed on the date of publication.

For more information, see the enclosed document.

Please contact me at 301-415-1776 if you have questions or need more information.

Sincerely, Eugene Dacus, Director Office of Congressional Affairs Endosure:

Federal Register notice cc: Representative Paul Tonko Identical Letters sent to:

The Honorable James M. lnhofe with cc to Senator Barbara Boxer The Honorable Shelly Moore Capito with cc to Senator Thomas R. Carper The Honorable Fred Upton with cc to Representative Frank Pallone The Honorable Ed Whitfield with cc to Representative Bobby L. Rush ADAMS AcC41nlon No* ML NRR-108

!OFFICE PPR/PRMB/PM PPR/PR MB/RS OPRIPRMBIBC PPR/DD DPR/0 VIDM/BC" DCA/AD J'AME ~Kratchman IGLappert trlnverso \AMohseni Kokajko) K;Bladey t:Dacus PATE OFFICIAL RECORD COPY

PRM 50-109: Kick-off Meeting 01/14/2015;TAC:MF4971/02334/001 General Schedule/ Roles and Responsibilities Cheat Sheet Step Status Notes Staff Timeframe Processing of PRM by ADM acknowledged receipt/ reviewed content for acceptability. ADM r~ 1 mo)

ADM PRM docketed acceptability. NRR reviews/ concurs and Notice of Receipt FRN published for ADM, NRR public comment (75 days).

NRR/ DPR assigns a PM to manage the petition. NRRPM Step 1: Initiate the TAC number assigned NRRPM r~ 1 mo)

PRM with a Routine Establish the WG during the public comment period : PM from DPR, technical staff, attorney NRRPM Schedule from OGC, RDEB from ADM.

[Draft] Develop the milestone schedule for reviewing the PRM and preparing the resolution NRRPM package.

Hold a kickoff meeting with the WG. WGmembers Step 2: Evaluate the D Review petition/ comments- develop recommended resolution. WGmembers r~ 10.5 mo)

PRM and Prepare the Bin/ summarize the comments: develop a comment matrix/ provide the matrix to the WG NRRPM FRN package D Hold periodic meetings with the WG to discuss the draft responses. WG Prepare draft package for PRM based on resolution recommended by the WG. NRRPM Prepare FRN based on WG recommendation (accepted/ denied) NRRPM Draft memo from DPR to ADM for publishing of the PRM in the Federal Register. NRRPM,ADM D Prepare EDO Memo or Commission (SECY) Paper NRR PM, then WG D Prepare a letter to the Petitioner NRRPM,ADM Obtain agreement from the WG and their Branch Chiefs on the package. NRRPM D Evaluate the need for/ prepare Communication Plan for the PRM, as appropriate NRRPM Step 3: Resolution of Schedule a briefing of the PRB to obtain management approval for the WG's proposed NRRPM/WG ~12mo Petition in a PRB mtg resolution. after NOR Step 4: Reviews DPR Branch Chief Review of the PRM Package NRRPM (~ 10 days)

Step 5: Reviews Division Review of PRM Package NRRPM, WG (~ 10 days)

Step 6: Reviews D Interoffice Review of the PRM Package NRRPM, WG (~ 20 days)

Step 7: Reviews D NRR Review of PRM Package NRRPM, WG (~ 5 days)

Step 8: Reviews D EDO Review of the PRM Package NRRPM, WG (~ 5 days)

Step 9: Reviews D Commission Review of the P_RM Package NRRPM, WG (~ 2 mo)

Step 10: Reviews D Publishing the PRM resolution NRR,ADM (~ 5 days)

Step 11a: Finalization! D Closure of PRM NRRPM (~ 1 day)

Step 11b: Consider RM Initiate the PRM with a "Considered in a Future Rulemaking" Schedule NRRPM ...

Source: LIC-300: Rulemaking Procedures

PRM 50-109: Kiele-off Meeting 01/14/2015;TAC:MF4971/02334/001 General Schedule/ Roles and Responsibilities Cheat Sheet Working Group Roles and Responsibilities Working Group: A WG assists in preparation and obtaining concurrences on the PRM packages.

1. Providing technical input: the WG should assist by providing input to the following:
a. PRM package/ FRNs
b. Regulatory language
c. Regulatory and Back-fit analyses
d. Estimate of information collection burden
e. Response to comments from the public
f. Commission Papers or EDO memos
g. Monitor and/or review of contractor supporting documents
h. Letters to Petitioners
2. Assisting with the concurrence process. The WG should:
a. Notify their management of potential problems or policy issues
b. Obtain management input on policy decisions
c. Obtain management comments on rulemaking or PRMs packages
d. Facilitate management concurrence on rulemaking or PRMs packages
3. Supporting management briefings and public meetings.
4. Preparing associated guidance for the rule. The WG should:
a. Ensure the guidance documents will be available at the time the rule will be implemented
5. Participating in WG meetings. The WG members should:
a. Attend WG meetings
b. Stay focused and be prepared to discuss issues
c. Provide input on mutually agreed upon schedule
d. Clearly state his or her organization's positions and concerns
e. Be respectful and polite with fellow WG members Source: LIC-300: Rulemaking Procedures

tT°he Honorable James M. lnhofe'................................ .............. ..... ................................ Commenled [AL81): Please make changes to all le!tefs.

Chairman, Committee on Environment and Public Works United States Senate Washington, DC 20510

Dear Mr. Chairman:

The U.S. Nuclear Regulatory Commission (NRC) Is publishing the following document in the Federal Register:

Title:

R1ilemakiA!'I FlelilieA fer Improved Identification Techniques A9aiAsl against Alkali~

SIiica Reactlon (ASR) Concrete Degradation at Nuclear Power Plants {NRC-2014-0257]

  • Description of the petition for rulemaklng (PRM): This Federal Register notice denies PRM-50-109, which requested that the NRC amend its regulations to provide l:l&lter Improved protection against concrete degradation due to ASR at U"S" nuclear power plants, by requiring all licensees to comply with American Concrete Institute (AG'1 Committee Report ACI 349.3R "Evaluation of Existing Nuclear Safety-Related Concrete Structures," and American Society for Testing and Materials ~Standard C856-11 I "Standard Practice for Petrographic Examination of Hardened Concrete.*
  • Dates: The docket for the petition for rulemaking PRM-50-109 ls closed on the date of publication.

For more Information, see the enclosed document.

Please contact me at 301-415-1776 lfyou have questions or need more information.

Sincerely, Eugene Dacus, Director Office of Congressional Affairs

Enclosure:

Federal Register notice cc: Senator Barbara Boxer

The Honorable SheRy Moore Capito Chainnan, Subcommittee on Clean Air and Nuclear Safety Committee on Environment and Public Works United States Senate Washington, DC 20510

Dear Madame Chainnan:

The U.S. Nuclear Regulatory Commission (NRC) is publishing the following document In the Federal Register:

Title:

Rulemaking Petition for Improved Identification Techniques Against Alkali-SHlca Reaction (ASR) Concrete Degradation at Nuclear Power Plants [NRC-2014-0257]

  • Description of the petition for rulemaking: This Federal Register notice denies PRM 109, which requested that the NRC amend its regulations to provide better protection against concrete degradation due to ASR at US nuclear power plants, by requiring an licensees to comply with American Concrete Institute (ACI) Committee Report ACI 349.3R "Evaluation of Existing Nuclear Safety-Related Concrete S_ tructures: and American Society for Testing and Materials (ASTM} Standard C856-11 "Standard Practice for Petrographic Examination of Hardened Concrete." *
  • Dates: The docket for the petition for rulemaking PRM-50-109 is closed on the date of publication.

For more lnfonnation, see the enclosed document.

Please contact me at (301) 415-1776 if you have questions or need more infonn ation.

Sincerely, Eugene Dacus, Director Office of Congressional Affairs

Enclosure:

Federal Register notice cc: Senator Thomas R. Carper

The Honorable Fred Upton Chairman, Committee on Energy and Commerce United States House of Representatives Washington, DC 20515

Dear Mr. Chairman:

The U.S. Nuclear Regulatory Commission (NRC) is publishing the following document In the Federal Register:

Title:

Rulemaking Petition for Improved Identification Techniques Against Alkali-S~ica Reaction (ASR) Concrete Degradation at Nuclear Power Plants [NRC-2014-0257]

  • Description of the petition for rulemaking: This Federal Register notice denies PRM 109, which requested that the NRC amend its regulations to provide better protection against concrete degradation due to ASR at US nuclear power plants, by requiring all licensees to comply with American Concrete Institute (ACI) Committee Report ACI 349.3R "Evaluation of Existing Nuclear Safety-Related Concrete Structures," and American Society for Testing and Materials (ASTM) Standard C856-11 'Standard Practice for Petrographic Examination of Hardened Concrete."
  • Dates: The docket for the petition for rulemaklng PRM-50-109 is closed on the date of publication.

For more information, see the enclosed document.

Please contact me at (301) 415-1776 If you have questions or need more information.

Sincerely, Eugene Dacus, Director Office of Congressional Affairs

Enclosure:

Federal Register notice cc: Representative Frank Pallone

The Honorable Ed Whitfield Chainnan, Subcommittee on Energy and Power Committee on Energy and Commerce United States House of Representatives Washington, DC 20515

Dear Mr. Chairman:

The U.S. Nuclear Regulatory Commission (NRC) is publishing the following document in the Federal Register:

Title:

Rulemaklng Petition for Improved Identification Techniques Against Alkali-Silica Reaction (ASR) Concrete Degradation at Nuclear Power Plants [NRC-2014-0257]

  • Description of the petition for rulemaking: This Federal Register notice denies PRM 109, which requested that the NRC amend Its regulailons to provide better protection against concrete degradation due to ASR at US nuclear power plants, by requiring aN licensees to comply with American Concrete Institute (ACI) Committee Report ACI 349.3R "Evaluation of Existing Nuclear Safety-Related Concrete Structures,' and American Society for Testing and Materials (ASTM) Standard C856-11 "Standard Practice for Petrographic Examinatron of Hardened Concrete.*
  • Dates: The docket for the petition for rulemaking PRM-50-109 is closed on the date of publication.

For more Information, see the enclosed document.

Please contact me at (301) 415-1776 If you have questions or need more Information.

Sincerely; Eugene Dacus, Director Office of Congressional Affairs

Enclosure:

Federal Register notice cc: Representative Bobby L. Rush

The Honorable John Shimkus Chairman, Subcommittee on Environment and the Economy Committee on Energy and Commerce United States House of Representatives Washington, DC 20515

Dear Mr. Chairman:

The U.S. Nuclear Regulatory Commission (NRC) Is publishing the following document In the Federal Register. *

Title:

Rulemaking Petition for Improved Identification Techniques Against Alkali-Silica Reaction (ASR) Concrete Degradation at Nuclear Power Plants (NRC-2014-0257]

  • Description of the petition for rulemaklng: This Federal Register notice denies PRM 109, which requested that the NRC amend its regulations to provide better protection against concrete degradation due to ASR at US nuclear power plants, by requiring all licensees to comply with American Concrete Institute (ACI) Committee Report ACI 349.3R "Evaluation of Existing Nuclear Safety-Related Concrete Structures," and American Society for Testing and Materials (ASTM) Standard C856-11 "Standard Practice for Petrographic Examination of Hardened Concrete.'
  • Oates: The docket for the petition for rulemaklng PRM-50*109 ls closed on the date of publication.

For more information, see the enclosed document.

Please contact me at (301) 415-1776 If you have questions or need more Information.

Sincerely, Eugene Dacus, Director Office of Congressional Affairs

Enclosure:

Federal Register notice cc: Representative Paul Tonko

The Honorable John Shimkus Chairman, Subcommittee on Environment and the Economy Committee on Energy and Commerce United States House of Representatives Washington, DC 20515

Dear Mr. Chairman:

The U.S. Nuclear Regulatory Commission (NRC) is publishing the following document in the Federal Register:

Title:

Rulemaklng Petition for Improved Identification Techniques Against Alkall-Slllca Reaction (ASR) Concrete Degradation at Nuclear Power Plants [NRC-2014-0257]

  • Description of the petition for rulemaking: This Federal Register notice denies PRM 109, which requested that the NRC amend Its regulations to provide better protection against concrete degradation due to ASR at US nuclear power plants, by requiring all licensees to comply with American Concrete Institute (ACI) Committee Report ACI 349.3R "Evaluation of Existing Nuclear Safety-Related Concrete Structures," and American Society for Testing and Materials (ASTM) Standard C856-11 "Standard Practice for Petrographic Examination of Hardened Concrete."
  • Dates: The docket for the petition for rulemaking PRM-50-109 is closed on the date of publication.

For more information, see the enclosed document.

Please contact me at (301) 415-1776 if you have questions or need more information.

Sincerely, Eugene Dacus, Director Office of Congressional Affairs

Enclosure:

Federal Register notice cc: Representative Paul Tonko Identical Letters sent to:

The Honorable James M. lnhofe with cc to Senator Barbara Boxer The Honorable Shelly Moore Capito with cc to Senator Thomas R. Carper The Honorable Fred Upton with cc to Representative Frank Pallone The Honorable Ed Whitfield with cc to Representative Bobby L. Rush

ADAMS Acceaalon No: ML14105A098 NRR-108 OFFICE DPR/PRMB/PM DPR/PRMB/RS JPR/PRMB/BC PPR/DD OPR/0 ADMfBC* p CA/AD NAME JTobin ~ lappert ITlnverso AMohsenl Kokajko CBladey l:,Dacus w/editsl DATE ~ 1/5/2014 1/5/2014 ~1/14/2014 12/1/2014 2/17/2014 1/7/2016 OFFICIAL RECORD COPY

The Honorable James M. lnhofe Chairman, Committee on Environment and Public Works United States Senate Washington, DC 20510 Dear Mr. Chairman; The U.S. Nuclear Regulatory Commission { NRC) is publishing the following document in the Federal Register.

  • Title; Improved Identification Techniques against Alkali-Silica Reaction (ASR) Concrete Degradation at Nuclear Power Plants [NRC-2014-0257)
  • Description of the petition for rulemaklng (PRM): This Federal Register notice denies PRM-50-109, which requested that the NRC amend its regulations to provide Improved I Identification techniques for better protection against concrete degradation due to ASR .... * ~ ......i 1~1J: Added 1or cons111oncy - FAN.

at U.S. nuclear power plants by requiring all licensees to comply with American Concrete Institute Committee Report ACI 349.3R ' Evaluation of Existing Nuclear Safety-Related Concrete Structures," and American Society for Testing and Materials Standard C856-11

'Standard Practice for Petrographic Examination of Hardened Concrete.'

  • Dates: The docket for the petition for rulemaklng PRM-50-109 will be closed on the date of publication.

For more Information, see the enclosed document.

Please contact me at 301-415-1776 if you have questions or need more Information.

Sincerely, Eugene Dacus, Director Office of Congressional Affairs

Enclosure:

Federal Register notice cc: Senator Barbara Boxer

The Honorable Shelly Moore Capito Chairman, Subcommittee on Clean Air and Nuclear Safety Committee on Environment and Public Worl(s United States Senate Washington, DC 20510

Dear Madame Chairman:

The U.S. Nuclear Regulatory Commission (NRC) Is publishing the following document in the Federal Register.

Title:

Improved Identification Tecllniques against Alkali-Silica Reaction (ASR) Concrete Degradation at Nuclear Power Plants (NRC-2014-0257]

  • Description of the petition for rulemaklng (PRM}: This Federal Register notice denies PRM-50-109, which requested that the NRC amend its regulations to provide better protection against concrete degradation due to ASR at U.S. nuclear power plants by requiring all licensees to comply with American Concrete Institute Committee Report ACI 349.3R ' Evaluation of Existing Nuclear Safety-Related Concrete Stru1ctures," and American Society for Testing and Materials Standard C856-11 ' Standard Practice for Petrographic Examination of Hardened Concrete."
  • Dates: The docket for the petition for rulemaklng PRM-50-109 will be closed on the date of publication.

For more information, see the enclosed document.

Please contact me at 301-415-1776 lfyou have questions or need more Information.

Sincerely, Eugene Dacus, Director Office of Congressional Affairs

Enclosure:

Federal Register notice cc: Senator Thomas R. Carper

The Honorable Fred Upton Chairman, Committee on Energy and Commerce United States House of Representatives Washington, DC 20515

Dear Mr. Chairman:

The U.S. Nudear Regulatory Commission (NRC) Is publishing the following document in the Federal Register.

Title:

Improved Identification Techniques against Alkali-Silica Reaction (ASR) Concrete Degradation at Nudear Power Plants [NRC-2014-0257]

  • Description of the petition for rulemaklng (PRM): This Federal Register notice denies PRM-50-109, which requested that the NRC amend Its regulations to provide better protection against concrete degradation due to ASR at U.S. nuclear power plants by requiring aff licensees to comply with American Concrete Institute Committee Report ACI 349.3R "Evaluation of Existing Nuclear Safety-Related Concrete Structures,' and American Society for Testing and Materials Standard C856-11 *standard Practice for Petrographic Examination of Hardened Concrete.'
  • Dates: The docket for the petition for rulemaklng PRM-50-109 will be closed on the date of publication.

For more information, see the enclosed document.

Please contact me at 301-415-1776 If you have questions or need more Information.

Sincerely, Eugene Dacus, Director Office of Congressional Affairs

Enclosure:

Federal Register notice cc: Representative Frank Pallone

The Honorable Ed WlclilfielaPete Olson Vice Chairman, Subcommittee on Energy and Power Committee on Energy and Commerce United States House of Representatives Washington, DC 20515

Dear Mr. Chairman:

The U.S. Nuclear Regulatory Commission (NRC) is publishing the following document in the Federal Register.

Title:

Improved Identification Techniques against Alkali-Silica Reaction (ASR) Concrete Degradation at Nuclear Power Plants [NRC-2014-0257)

  • Description of the petition for rulemaking (PRM): This Federal Register notice denies PRM-50-109, which requested that the NRC amend Its regulations to provide better protection against concrete degradation due to ASR at U.S. nuclear power plants by requiring all licensees to comply with American Concrete Institute Committee Report ACI 349.3R "Evaluation of Existing Nuclear Safety-Related Concrete Structures," and American Society for Testing and Materials Standard C856-11 'Standard Practice for Petrographic Examination of Hardened Concrete."
  • Dates: The docket for the petition for rulemaking PRM-50-109 will be closed on the date of publication.

For more information, see the enclosed document.

Please contact me at 301-415-1776 if you have questions or need more information.

Sincerely, Eugene Dacus, Director Office of Congressional Affairs

Enclosure:

Federal Register notice cc: Representative Bobby L. Rush

The Honorable John Shimkus Chairman, Subcommittee on Environment and the Economy Committee on Energy and Commerce United States House of Representatives Washington, DC 20515

Dear Mr. Chairman:

The U.S. Nuclear Regulatory Commission (NRC) is publishing the following document in the Federal Register.

Title:

Improved Identification Techniques against Alkali-Silica Reaction (ASR) Concrete Degradation at Nudear Power Plants [NRC-2014-0257)

  • Description of the petition for rulemaklng (PRM): This Federal Rag/star notice denies PRM-50-109, which requested that the NRC amend its regulations to provide better protection against concrete degradation due to ASR at U.S. nuclear power plants by requiring all licensees to comply with American Concrete Institute Committee Report ACI 349.3R 'Evaluation of Existing Nuclear Safety-Related Concrete Structures," and American Society for Testing and Materials Standard C856-11 'Standard Practice for Petrographic Examination of Hardened Concrete."
  • Dates: The docket for the petition for rulemaking PRM-50-109 will be closed on the date of publication.

For more information, see the enclosed document.

Please contact me at 301-415-1776 if you have questions or need more information.

Sincerely, Eugene Dacus, Director Office of Congressional Affairs

Enclosure:

Federal Register notice cc: Representative Paul Tonka

The Honorable John Shimkus Chairman, Subcommittee on Environment and the Economy Committee on Energy and Commerce United States House of Representatives Washington, DC *20515

Dear Mr. Chairman:

The U.S. Nuclear Regulatory Commission (NRC) is publishing the following document in the Federal Register.

Title:

Improved Identification Techniques against Alkali-Silica Reaction (ASR) Concrete Degradation at Nuclear Power Plants [NRC-2014-0257)

  • Description of the petition for rulemaklng (PRM): This Federal Register notice denies PRM-50-109, which requested that the NRC amend its regulations to provide better protection against concrete degradation due to ASR at U.S. nuclear power plants by requiring all licensees to comply with American Concrete Institute Committee Report ACI 349.JR "Evaluation of Existing Nuclear Safety-Related Concrete Stru1ctures," and Am erlcan Society for Testing and Materials Standard C856-11 "Standard Practice for Petrographic Examination of Hardened Concrete."
  • Dates: The docket for the petition for rulemaklng PRM-50-109 will be closed on the date of publication.

For more Information, see the enclosed document.

Please contact me at 301-415-1776 if you have questions or need more information.

Sincerely, Eugene Dacus, Director Office of Congressional Affairs

Enclosure:

Federal Register notice cc: Representative Paul Tonko Identical Letters sent to:

The Honorable James M. lnhofe with cc to Senator Barbara Boxer The Honorable Shelly Moore Capito with cc to Senator Thomas R. Carper The Honorable Fred Upton with cc to Representative Frank Pallone The Honorable Ed Whitfield with cc to Representative Bobby L. Rush

  • ADAMS Acceaalon Noa: PKG: ML15301A002; LTR: ML153O1A003; S!CY: ML15301A084; ~RN: ML15301A192 Congre11lonll Lin: ML15301A197 OFFICE NRR/DPR/PRMBIPM NRR/DPR/PRMB/RS NRR/OPR/PRMB/BC ADM/DAS/RADB/BC NRR/DPR/DO NAME JCameal Gllpport MKhanna CBladey Uund tr.1navr11as tori DATE 06./20/2016 6121/2016 7/2/2016 6112/2016 OFFICE OCA NAME EDacua DATE O~FICIAL RfCORD COPY

From: Benner Eric To: Khanna Meena: Bladey Cindy: Carpenter Cynthia: Regan Christopher: Spencer Mary Cc: Lehman Bryce: HelJpo Shana: Caldwell Bob: Thomas Brian: Campbell Tjson: Ghosh Naber Anita: L.aol28!1:.

~

Subject:

RE: Request for Re-Concurrence - Denial Package on C-10"s PRI~ on Alkali Silica Reaction (50-109) (2/16)

Date: Tuesday, February 13, 2018 7:26:56 AM Thanks, Meena. I re-concur for NRR/DE. I offer my appreciation to the EDO's office as I believe the edits improve context significantly.

From: Khanna, Meena Sent: Monday, February 12, 2018 7:59 PM To: Bladey, Cindy <Cindy.Bladey@ nrc.gov>; Benner, Eric <E ric.Benner@nrc.gov>; Carpenter, Cynthia

<Cynthia.Carpenter@nrc.gov>; Regan, Christopher <Christopher.Regan@nrc.gov>; Spencer, Mary

<Mary.Spencer@nrc.gov>

Cc: Lehman, Bryce <Bryce.Lehma n@nrc.gov>; Helton, Sha na <Shana.Helton@nrc.gov>; Caldwel l, Robert <Robert.Caldwel l@nrc.gov>; Thomas, Brian <Brian.Thomas@nrc.gov>; Campbe ll, Tison

<Tison.Campbell@nrc.gov>; Ghosh, Anita <An ita.Ghosh@nrc.gov>; Lappert, Glen na

<G lenna.Lappert@nrc.gov>

Subject:

Request for Re-Concurrence - Denia l Package on C-10's PRM on Alka li Silica Reaction (50-109) (2/16)

Cindy, Eric, Cynthia, Chris, and Mary:

Good evening, ORM is requesting your re-concurrence of C-1O's petition for rulemaking (PRM}, whereby they requested the NRG to amend its regulations to provide improved identification techniques for better protection against concrete degradation due to alkali-silica reaction (ASR) at U.S. nuclear power plants. Specifically, the petitioner requested that the NRG require all licensees to comply with ACI 349.3R, "Evaluation of Existing Nuclear Safety-Related Concrete Structures" and ASTM Standard C856-11, "Standard Practice for Petrographic Examination of Hardened Concrete."

The staff had placed this document into concurrence a while back, and received quite a bit of comments from OEDO, and due to other high priority workload, was not able to work on this until recently. Because there are quite a few changes that were made to address OEDO's comments, we are asking for the appropriate organizations to re-review and re-concur. In order to help with your review, we have provided compare and clean versions from the time that the package was reviewed, previously.

We'd appreciate any comments and your concurrence by Friday, 2/16. We will then request NRR and RES FO concurrence.

Please contact me or Bryce Lehman if you have any comments or concerns.

Thanks, Meena

From: Thomas Brian To: Camobell Tison : Carpenter Cynthia: Khanna Meena: Bladey Cindy: Benner Eric: Regan Christopher: Slle.ocer.

Ma!Y Cc: Lehman Bryce; Helton Shana; Caldwell Bob: Ghosh Naber Anita: Lappert Glenna

Subject:

RE: Request for Re-Concurrence

  • Denial Package on C-10"s PRI~ on Alkali Silica Reaction (50-109) (2/16}

Date: Tuesday, February 13, 2018 9:50:07 AM I re-concur for RES/DE.

Brian From: Campbell, Tison Sent: Tuesday, February 13, 2018 9:35 AM To: Carpenter, Cynthia <Cynthia.Carpenter@nrc.gov>; Khanna, Meena <Meena.Khanna@nrc.gov>;

Bladey, Cindy <Cindy.Bladey@ nrc.gov>; Benner, Eric <Eric.Benner@nrc.gov>; Regan, Christopher

<Christopher.Regan@nrc.gov>; Spencer, Mary <Mary.Spencer@nrc.gov>

Cc: Lehman, Bryce <Bryce.Lehman@nrc.gov>; Helton, Sha na <Shana.Helton@nrc.gov>; Caldwel l, Robert <Robert.Caldwel l@nrc.gov>; Thomas, Brian <Brian.Thomas@nrc.gov>; Ghosh, Anita

<Anita.Ghosh@nrc.gov>; Lappert, Glenna <Glenna.Lappert@nrc.gov>

Subject:

RE: Request for Re-Concurrence - Denia l Package on C-l 0's PRM on Alkali Silica Reaction (50-109) (2/16)

OGC continues to have no legal objection to these documents.

Tison Campbell Deputy Assist ant General Counsel US NL1clear Resulatory Commission Office of the General Counsel (301) 287 S290 From: Carpenter, Cynthia Sent: Tuesday, February 13, 2018 8:53 AM To: Khanna, Meena <Meena.Khanna@nrc.gov>; Bladey, Cindy <Cindy.Bladey@nrc.gov>; Benner, Eric

<Eric Benner@nrc gov>; Regan, Christopher <Christopher Regan@nrc gov>; Spencer, Mary

<Mary.Spencer@nrc.gov>

Cc: Lehman, Bryce <Bryce.Lehman@nrc.gov>; Helton, Sha na <Shana Helton@nrc.gov>; Caldwell, Robert <Robert.Caldwel l@nrc.gov>; Thomas, Brian <Brian.Thomas@nrc.gov>; Campbel l, Tison

<Tison,Campbell@nrc gov>; Ghosh, Anita <Anita.Ghosh@nrc gov>; Lappert, Glenna

<Glenna Lappert@nrc gov>

Subject:

RE: Request for Re-Concurrence - Denia l Package on C-lO's PRM on Al kali Silica Reaction (50-109) (2/16)

I re-concur for NRO/DEI.

From: Khanna, Meena Sent: Monday, February 12, 2018 7:59 PM To: Bladey, Cindy <Cindy Bladey@nrc gov>; Benner, Eric <Eric Benner@nrc.gov>; Carpenter, Cynt hia

<Cynthia.Carpenter@nrc gov>; Regan, Christopher <Christopher.Regan@nrc gov>; Spencer, Mary

<Mary Spencer@nrc.gov>

Cc: Lehman, Bryce <Bryce,Lehman@nrc gov>; Helton, Shana <Shana He!ton@nrc,gov>; Caldwell, Robert <Robert Ca!dwell@orc gov>; Thomas, Brian <Brian Jhomas@nrc.gov>; Campbel l, Tison

<Tison.Campbell@nrc.gov>; Ghosh, Anita <Anita .Ghosh@nrc.gov>; Lappert, Glenna

<Glenna Lappert@nrqov>

Subject:

Request for Re-Concurrence - Denia l Package on C-l0's PRM on Alkali Silica Reaction (50-

109} (2/16)

Cindy, Eric, Cynthia, Chris, and Mary:

Good evening , ORM is requesting your re-concurrence of C-1O's petition for rule making (PRM) , whereby they requested the NRG to amend its regulations to provide improved identification techniques for better protection against concrete degradation due to alkali-silica reaction (ASR) at U.S. nuclear power plants. Specifically, the petitioner requested that the NRG require all licensees to comply with ACI 349.3R , "Evaluation of Existing Nuclear Safety-Related Concrete Structures" and ASTM Standard C856-11 , "Standard Practice for Petrographic Examination of Hardened Concrete."

The staff had placed this document into concurrence a wh ile back, and received quite a bit of comments from OEDO, and due to other high priority workload, was not able to work on this until recently. Because there are quite a few changes that were made to address OEDO's comments, we are asking for the appropriate organizations to re-review and re-concur. In order to help with you r review, we have provided compare and clean versions from the ti me that the package was reviewed , previously.

We'd appreciate any comments and you r concurrence by Friday, 2/1 6. We will then req uest NRR and RES FO concurrence.

Please contact me or Bryce Lehman if you have any comments or concerns.

Thanks, Meena

From: Khanna Meena To: Shepherd Jill Cc: Bladey Cindy: Lappert Glenna

Subject:

RE: Request for Re-Concurrence

  • Denial Package on C- 10"s PRl..1 on Alkali Silica Reaction (50- 109) (2/16)

Date: Tuesd ay, Februa ry 13, 2018 12:49:36 PM Great, thanks Jill!

From: Shepherd-Vladim ir, Jill Sent: Tuesday, February 13, 2018 12:44 PM To: Khanna, Meena <Meena.Khanna@nrc.gov>

Cc: Bladey, Cindy <Cindy.Bladey@nrc.gov>

Subject:

RE: Request for Re-Concurrence - De nial Package on C-lO's PRM on Al kali Silica Reaction (50-109) (2/16)

Meena, I will review and returns my edits and concurrence to you by the end of the day.
Thanks, Jill Ji{[ Sfieyfierd -Y(adimiY

'Ru{emaking Suyyort 'Team £.eac{

'Regu(atory .'A.na(ysis and 'Rufemaking Suyyort 'Brandi

'Division of 'Ru(emali.ing Office of :Nuc(ear Jvlateria( Safety anc{ Safeguards

NJvlSS/'DR1vl/'lU1..S'B

'IvVJ':N 04 .'A.11 Phone: 301-415-1230

'£-mail: Ti{CSfieyfiercC@n rc.gov From: Khanna, Meena Sent: Tuesday, February 13, 2018 12:01 PM To: Shepherd-Vladimir, Jill <Jil1,Shepherd-V1adjmjr@nrc.gov>

Cc: Bladey, Cindy <Cindy Bladey@nrc gov>

Subject:

FW: Request for Re-Concurrence - Denial Package on C-lO's PRM on Alkali Sil ica Reaction (50-109) (2/16)

Jill, do you happen to have time to review this for Cindy? We've received all other concurrences and are ready to move this on to Michele Evans and Mike Webber ... I know that you are really busy, but if you can get to this and just review the redline, that would be great, and if you need additional time, that is fine, as well. thanks!

Meena From: Khanna, Meena Sent: Monday, February 12, 2018 7:59 PM To: Bladey, Cindy <Cindy B1adey@nrc.gov>; Benner, Eric <Eric Benner@orc.!ilov>; Carpenter, Cynth ia

<Cynthia Carpenter@nrc gov>; Regan, Christopher <Christopher Regan@nrc gov>; Spencer, Mary

<Mary.Spencer@nrc gov>

Cc: Lehman, Bryce <Bryce.Lehman@nrc.gov>; Helton, Shana <$hana.He1ton@nrc.gov>; Caldwell, Robert <Robert Ca1dwe11@nrc gov>; Thomas, Brian <Brian Thomas@nrc gov>; Campbell, Tison

<Tison.Campbell@nrc.ov>; Ghosh, An ita <Anita .Ghosh@nrc.gov>; Lappert, Gl enna

<Glenna.Lappert@nrq~ov>

Subject:

Request fo r Re-Concurre nce - Denia l Package on C- lO's PRM on Al kali Silica Reaction (50-109} (2/16)

Cindy, Eric, Cynthia, Chris, and Mary:

Good evening , ORM is requesting your re-concurrence of C-1 O's petition for rulemaking (PRM) , whereby they requested the NRC to amend its regulations to provide improved identification techniques for better protection against concrete degradation due to alkali-silica reaction (ASR) at U.S. nuclear power plants. Specifically, the petitioner requested that the NRC require all licensees to comply with ACI 349.3R, "Evaluation of Existing Nuclear Safety-Related Concrete Structures" and ASTM Standard C856-11 , "Standard Practice for Petrographic Examination of Hardened Concrete."

The staff had placed this document into concurrence a while back, and received quite a bit of comments from OEDO, and due to other high priority workload, was not able to work on this until recently. Because there are quite a few changes that were made to address OEDO's comments, we are asking for the appropriate organizations to re-review and re-concur. In order to help with your review, we have provided compare and clean versions from the time that the package was reviewed, previously.

We'd appreciate any comments and your concurrence by Friday, 2/16. We will then request NRR and RES FO concurrence.

Please contact me or Bryce Lehman if you have any comments or concerns.

Thanks, Meena

From: Shepherd Jill To: Khanna Meena Cc: Bladey Cindy

Subject:

RE: Request for Re-Concurrence

  • Denial Package on C- 10"s PRI-A on Alkali Silica Reaction (50- 109) (2/16)

Date: Tuesday, Februa ry 13, 20 18 6 :13:43 PM I had no edits to the letter to the petitioner.

Ji{[ Slieylien£ -Y{acfrmir

'Ru[emaking Suyyort Team £.eacf 1?.egu{atory .Jlna{ysis ancf'Ru{emaking Suy_port 'Brandi Division of 'Ru[emaking Office of :Nuc[ear Materia[ Safety ancf SafeguarcCs

NMSS/1YR.1vl/'R.JlS'B TW:f:N 04 .Jl11

'Phone: 3 0 1-415-123 0 I -mail Ti{Csfreyherd'n rc,gov From: Khanna, Meena Sent: Tuesday, February 13, 2018 12:01 PM To: Shepherd-Vladimir, Jill <Ji ll.Shepherd-Vladim ir@nrc.gov>

Cc: Bladey, Cindy <Cindy.Bladey@nrc.gov>

Subject:

FW: Request for Re-Concurrence - Denial Package on C-l0's PRM on Alka li Silica Reaction (50-109) (2/16)

Jill, do you happen to have time to review this for Cindy? We've received all other concurrences and are ready to move this on to Michele Evans and Mike Webber ... I know that you are really busy, but if you can get to this and just review the redline, that would be great, and if you need additional time, that is fine, as well. thanks!

Meena From: Khanna, Meena Sent: Monday, February 12, 2018 7:59 PM To: Bladey, Cindy <Cindy.Bladey@nrc.gov>; Benner, Eric <Eric Benner@nrc.gov>; Carpenter, Cynthi a

<Cynthia.Carpenter@nrc gov>; Regan, Christopher <Cbristopher.Regan@nrc.gov>; Spencer, Mary

<Mary.Spencer@nrc.gov>

Cc: Lehman, Bryce <Bryce. Lehma n@nrc.gov>; Helton, Shana <Shana.Helton@nrc.gov>; Caldwell, Robert <Robert.Caldwel l@nrc.gov>; Thomas, Brian <Brian.Thomas@ nrc.gov>; Campbel l, Tison

<Jison.Campbell@nrc.gov>; Ghosh, Anita <Aoita.Ghosh@nrc.gov>; Lappert, Glenna

<Glenna Lappert@nrc gov>

Subject:

Request for Re-Concurrence - Denia l Package on C-10's PRM on Alkali Silica Reaction (50-109) (2/16)

Cindy, Eric, Cynthia, Chris, and Mary:

Good evening, ORM is requesting your re-concurrence of C-1O's petition for rulemaking (PRM), whereby they requested the NRC to amend its regulations to provide improved identification techniques for better protection against concrete degradation due to alkali-silica reaction (ASR) at U.S. nuclear power plants. Specifically, the petitioner requested that the NRC require all licensees to comply with ACI 349.3R, "Evaluation of Existing Nuclear

Safety-Related Concrete Structures" and ASTM Standard C856-11, "Standard Practice for Petrographic Examination of Hardened Concrete ."

The staff had placed this document into concurrence a while back, and received quite a bit of comments from OEDO, and due to other high priority workload, was not able to work on this until recently. Because there are quite a few changes that were made to address OEDO's comments, we are asking for the appropriate organizations to re-review and re-concur. In order to help with your review, we have provided compare and clean versions from the time that the package was reviewed , previously.

We'd appreciate any comments and your concurrence by Friday, 2/16. We will then request NRR and RES FO concurrence.

Please contact me or Bryce Lehman if you have any comments or concerns.

Thanks, Meena