ML21333A055
| ML21333A055 | |
| Person / Time | |
|---|---|
| Site: | Oconee  |
| Issue date: | 11/29/2021 |
| From: | Bessette P, Leroy T, Lighty R Duke Energy Carolinas, Duke Energy Corp, Morgan, Morgan, Lewis & Bockius, LLP |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| 50-269-SLR, 50-270-SLR, 50-287-SLR, ASLBP 22-973-01-SLR-BD01, RAS 56313 | |
| Download: ML21333A055 (4) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of: ) Docket Nos. 50-269-SLR
) 50-270-SLR and DUKE ENERGY CAROLINAS, LLC ) 50-287-SLR
)
(Oconee Nuclear Station, Units 1, 2 and 3) ) November 29, 2021
)
DUKE ENERGY CAROLINAS, LLCS RESPONSE TO THE ATOMIC SAFETY AND LICENSING BOARDS NOVEMBER 22, 2021 ORDER I. INTRODUCTION On November 22, 2021, the Atomic Safety and Licensing Board (Board) issued an order (Order) requesting participant submissions regarding the supporting basis for th[e] NRC Staffs statement that evaluation of failure modes had found Jocassee Dam failure from overtopping or seismic events not credible.1 The Order established Tuesday, November 30, 2021 as the schedule for a submission from Duke Energy Carolinas, LLC (Duke). Dukes response is provided below.
By letter dated April 12, 2016, the U.S. Office of Special Counsel (OSC) referred a matter to Stephen G. Burns, as Chairman of the U.S. Nuclear Regulatory Commission (NRC),
requesting that the Chairman investigate certain allegations, including that the NRC failed to require Oconee Nuclear Station in South Carolina to take corrective measures to safeguard the plant from potential flooding should the Lake Jocassee Dam fail.2 Page 88 of the Chairmans 1
Licensing Board Order (Establishing Briefing Schedule Associated with Applicant Duke Energy Carolinas, LLCs Motion to Strike) (Nov. 16, 2021).
2 See Letter from S. Burns, NRC, to C. Lerner, OSC, OSC File No. DI-15-5254 at 1 (June 30, 2016),
available at https://osc.gov/Documents/Public%20Files/FY17/DI-15-5254/DI 5254%20Agency%20Report.pdf.
Investigative Report notes that the sunny-day scenario [] was selected after NRC technical experts determined that overtopping and seismic failures were not credible and states that the basis for excluding these other failure modes was articulated in the NRC Staffs response to a 2011 non-concurrence regarding the NRC Staff evaluation of [Dukes] response to the Confirmatory Action Letter.3 More specifically, section IV.1 of that document describes the technical basis for the Staffs conclusions.4 The technical basis was revisited using updated guidance and standards in Dukes 2015 Flooding Hazard Reevaluation Report (FHRR),5 and the NRC Staff independently reviewed these analyses in its 2016 Staff Evaluation.6 The Staff again concluded that seismically-induced and overtopping-induced failures of the Jocassee Dam are not reasonable modes of failure based on current information, present-day methodologies and regulatory guidance.7 3
Id., Encl. 1 at 88 (PDF page 96). The full OSC public file is available here:
https://osc.gov/PublicFiles#k=DI-15-5254#l=1033.
4 Non-Concurrence Process; Confirmatory Action Letter - Oconee Commitments to Address External Flooding Concerns (ML110260443). The Staff Response (dated January 25, 2011) begins at PDF page 12; section IV.1 begins at PDF page 14.
5 Flooding Hazard Reevaluation Report; Oconee Nuclear Station §§ 2.2 through 2.3.2.9 (Jan. 29, 2015)
(ML16272A217) (PDF pages 30-54).
6 Staff Assessment of FHRR § 3.4.2 (Apr. 14, 2016) (available in a FOIA response at ML20288A414) (PDF pages 22 to 30).
7 Id., Encl. 2 at 3 (PDF page 82).
2
Respectfully submitted, Executed in Accord with 10 C.F.R. § 2.304(d) Signed (electronically) by Paul M. Bessette Tracey M. LeRoy, Esq. Paul M. Bessette, Esq.
DUKE ENERGY CORPORATION MORGAN, LEWIS & BOCKIUS LLP 4720 Piedmont Row Drive 1111 Pennsylvania Avenue, N.W.
Charlotte, NC 28210 Washington, D.C. 20004 (704) 382-8317 (202) 739-5796 tracey.leroy@duke-energy.com paul.bessette@morganlewis.com Executed in Accord with 10 C.F.R. § 2.304(d)
Ryan K. Lighty, Esq.
MORGAN, LEWIS & BOCKIUS LLP 1111 Pennsylvania Avenue, N.W.
Washington, D.C. 20004 (202) 739-5274 ryan.lighty@morganlewis.com Counsel for Duke Energy Carolinas, LLC Dated in Washington, D.C.
this 29th day of November 2021 3
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of: ) Docket Nos. 50-269-SLR
) 50-270-SLR and DUKE ENERGY CAROLINAS, LLC ) 50-287-SLR
)
(Oconee Nuclear Station, Units 1, 2 and 3) ) November 29, 2021
)
CERTIFICATE OF SERVICE I hereby certify that, on this date, a copy of Duke Energy Carolinas, LLCs Response to the Atomic Safety and Licensing Boards November 22, 2021 Order and its attachment were served upon the Electronic Information Exchange (the NRCs E-Filing System), in the above-captioned docket.
Signed (electronically) by Paul M. Bessette Paul M. Bessette, Esq.
MORGAN, LEWIS & BOCKIUS LLP 1111 Pennsylvania Avenue, N.W.
Washington, D.C. 20004 (202) 739-5796 paul.bessette@morganlewis.com Counsel for Duke Energy Carolinas, LLC DB1/ 125831006