ML100210219

E-mail from K. Feintuch to T. Byrne and S. Catron, Et Al, Subj: RAIs on E-Plan Submittals and State Notification - Update - No Response Due Until Items Are Clarified

ML100210219
Person / Time
Site:	Duane Arnold
Issue date:	01/19/2010
From:	Feintuch K D Plant Licensing Branch III
To:	Byrne T, Catron S NextEra Energy Duane Arnold
Feintuch K D, NRR/DORL/LPL2-1, 415-3079
References
TAC MD7098
Download: ML100210219 (3)

Text

From: Feintuch, Karl Sent: Tuesday, January 19, 2010 5:21 PM To: 'Byrne, Thomas'; 'Steve.Catron@nexteraenergy.com' Cc: Feintuch, Karl; Pascarelli, Robert

Subject:

RAIs on E-Plan Submittals and State Notification - Update - No response due until items are clarified On December 23, 2009, I contacted Thomas Byrne of the Duane Arnold Energy Center staff by phone and sent the following Request for Information to Thomas Byrne and Steve Catron.

By letter dated 12/9/2009, NextEra Energy Duane Arnold, LLC provided information pertaining to the Duane Arnold Energy Center (DAEC) Emergency Planning Procedure Transmittal Acknowledgement Memo Notification[s] (DAEC reference NG--09-0889). The NRC Staff has identified that additional information is needed to complete its review pursuant to 10 CFR 50.54(q) and pursuant to 10 CFR 50 Appendix E regarding coordination of emergency planning.

The following questions are conveyed to you as draft RAI items at this time with an opportunity to request a conference call with us to discuss these items. During such a conference call we would discuss how to disposition the following items.

Alternatively, you may forgo the conference call, accept the following questions as a formal RAI, and then proceed to provide your formal response.

In a phone call on December 23, 2009, with a member of your staff, Thomas Byrne, we discussed applying a 30-day response schedule from the date of receipt of this RAI. By response to this email, please affirm whether you are formally responding to these RAI items on a 30-day schedule or are requesting a conference call. If during your preparation of a response you determine that more time is needed, please contact me.

RAI Item 1 - The NRC Staff observes that Letter NG-09-0889 does not specifically state that DAEC informs the associated State emergency planning officials of the proposed changes. Please verify that this contact with associated State emergency planning officials has been made.

RAI Item 2 - Please affirm that future TAM documents will specifically state that the associated governmental planning officials have been informed of emergency plan changes On January 13, 2010, Thomas Byrne responded:

Karl: I've talked to our EP Manager and he says that we only send changes to EPIPs to the state. We do not send E-plan changes to the state because the E-Plan is not used during an emergency, while EPIPs are. EPIPS are our E-plan implementing procedures and are used during an emergency.

I am not aware of any requirement to send E-Plan changes to the state, but we certainly could and we can put a statement on transmittal letters saying that. Or we could just continue what we're doing and say on transmittal cover letter that EPIPs go to the state. I think we need a phone call on this to see what you need from this RAI. Please let me know. Our due date for responding to the RAI is next Friday (1/22/2010). Thanks!

Tom I am seeking a subject matter expert on the NRC staff to participate in a phone call to clarify the interpretation of the requirement to which DAEC is to respond. Until that discussion is held, no RAI response is due. Specifically, no response is due on January 22, 2010. A due date will be established after the interpretation of the requirement is resolved.

Please contact me as needed concerning this issue.

Karl Feintuch Project Manager USNRC 301415-3079

E-mail Properties Mail Envelope Properties (26E42474DB238C408C94990815A02F0902189AA245)

Subject:

RAIs on E-Plan Submittals and State Notification - Update - No response due until items are clarified Sent Date: 1/19/2010 5:24:04 PM Received Date: 1/19/2010 5:24:00 PM From: Feintuch, Karl Created By: Karl.Feintuch@nrc.gov

Recipients:

Thomas.Byrne@fpl.com ('Byrne, Thomas')

Tracking Status: None Steve.Catron@nexteraenergy.com ('Steve.Catron@nexteraenergy.com')

Tracking Status: None

Karl.Feintuch@nrc.gov (Feintuch, Karl) Tracking Status: None Robert.Pascarelli@nrc.gov (Pascarelli, Robert)

Tracking Status: None

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MESSAGE 13574 1/19/2010

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Priority: olImportanceNormal ReplyRequested: False Return Notification: False

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