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Category:Letter
MONTHYEARIR 05000346/20243012024-02-0202 February 2024 NRC Initial License Examination Report 05000346/2024301 IR 05000346/20230042024-01-31031 January 2024 Integrated Inspection Report 05000346/2023004 IR 05000440/20230042024-01-30030 January 2024 Integrated Inspection Report 05000440/2023004 ML24025A0922024-01-25025 January 2024 Requalification Program Inspection L-24-017, 30-Day Voluntary Report in Accordance with Industry Groundwater Protection Initiative2024-01-24024 January 2024 30-Day Voluntary Report in Accordance with Industry Groundwater Protection Initiative L-23-207, License Amendment Request (LAR) for Adoption of TSTF-264-A Revision 0, 3.3.9 and 3.3.10 - Delete Flux Monitors Specific Overlap Requirement SRs2024-01-24024 January 2024 License Amendment Request (LAR) for Adoption of TSTF-264-A Revision 0, 3.3.9 and 3.3.10 - Delete Flux Monitors Specific Overlap Requirement SRs ML23313A1352024-01-17017 January 2024 Authorization and Safety Evaluation for Alternative Request RP 5 for the Fifth 10 Year Interval Inservice Testing Program IR 05000440/20234022024-01-10010 January 2024 Cyber Security Inspection Report 05000440/2023402 ML24003A8032024-01-0303 January 2024 Notification of NRC Fire Protection Team Inspection Request for Information ML23321A0472023-12-20020 December 2023 Letter to Rod L. Penfield - Perry Nuclear Power Plant, Unit 1 - License Renewal Regulatory Audit Regarding the Environmental Review of the License Renewal Application ML23353A1192023-12-19019 December 2023 Operator Licensing Examination Approval Davis Besse Nuclear Power Station, January 2024 L-23-267, Submittal of Discharge Monitoring Report (Npdes), Permit No. PA00256152023-12-18018 December 2023 Submittal of Discharge Monitoring Report (Npdes), Permit No. PA0025615 L-23-171, CFR 50.55a Request Number VR-9. Revision 0, Feedwater Check Valve Exercising Test Frequency2023-12-0808 December 2023 CFR 50.55a Request Number VR-9. Revision 0, Feedwater Check Valve Exercising Test Frequency L-23-260, Corrections to the 2022 Combined Annual Radiological Environmental Operating Report and Radioactive Effluent Release Report for the Davis-Besse Nuclear Power Station2023-12-0707 December 2023 Corrections to the 2022 Combined Annual Radiological Environmental Operating Report and Radioactive Effluent Release Report for the Davis-Besse Nuclear Power Station ML23338A3172023-12-0606 December 2023 Notification of NRC Baseline Inspection and Request for Information; Inspection Report 05000346/2024001 L-23-243, Independent Spent Fuel Storage Installation - Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation2023-12-0606 December 2023 Independent Spent Fuel Storage Installation - Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation L-23-244, Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation2023-12-0606 December 2023 Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation IR 05000334/20230112023-12-0404 December 2023 Age-Related Degradation Inspection Report 05000334/2023011 and 05000412/2023011 L-23-229, Request for Additional Information Regarding the Spring 2023 Generic Letter 95-05 Voltage-Based Alternate Repair Criteria and Steam Generator F-Star Reports2023-11-29029 November 2023 Request for Additional Information Regarding the Spring 2023 Generic Letter 95-05 Voltage-Based Alternate Repair Criteria and Steam Generator F-Star Reports IR 05000440/20230112023-11-28028 November 2023 Biennial Problem Identification and Resolution Inspection Report 05000440/2023011 IR 05000440/20234032023-11-27027 November 2023 Security Baseline Inspection Report 05000440/2023403 IR 05000334/20233012023-11-27027 November 2023 Initial Operator Licensing Examination Report 05000334/2023301 L-23-247, Discharge Monitoring Report (NPDES) Permit No. PA00256152023-11-17017 November 2023 Discharge Monitoring Report (NPDES) Permit No. PA0025615 ML23292A2972023-11-17017 November 2023 Table of Contents LAR (L-2023-LLA-0111) L-23-238, Mid-Cycle Revision to the Core Operating Limits Report for Operating Cycle 202023-11-10010 November 2023 Mid-Cycle Revision to the Core Operating Limits Report for Operating Cycle 20 IR 05000334/20230032023-11-0606 November 2023 Integrated Inspection Report 05000334/2023003 and 05000412/2023003 IR 05000346/20234032023-11-0202 November 2023 Security Baseline Inspection Report 05000346/2023403 ML23293A0612023-11-0101 November 2023 Letter to the Honorable Marcy Kaptur, from Chair Hanson Responds to Letter Regarding Follow Up on Concerns Raised by Union Representatives During the June Visit to the Davis-Besse Nuclear Power Plant L-23-052, Submittal of the Updated Safety Analysis Report, Revision 232023-10-27027 October 2023 Submittal of the Updated Safety Analysis Report, Revision 23 L-23-227, Discharge Monitoring Report (NPDES) Permit No. PA0025615 for Third Quarter 20232023-10-20020 October 2023 Discharge Monitoring Report (NPDES) Permit No. PA0025615 for Third Quarter 2023 L-23-215, Changes to Emergency Plan2023-10-19019 October 2023 Changes to Emergency Plan ML23292A2472023-10-19019 October 2023 Fws to NRC, Perry Nuclear Plant, Unit 1, License Renewal List of Threatened and Endangered Species That May Occur in Your Proposed Project Location or May Be Affected ML23292A2482023-10-19019 October 2023 Fws to NRC, Federal Agency Coordination Under ESA Section 7 for Perry Nuclear Plant, Unit 1, License Renewal, and Concurrence with Not Likely to Adversely Affect Determination for Northern Long-eared Bat IR 05000440/20230032023-10-11011 October 2023 Integrated Inspection Report 05000440/2023003 ML23279A0612023-10-0505 October 2023 Paragon Energy Solutions LLC, Part 21 Final Report Re Potential Defect with Eaton Jd and Hjd Series Molded Case Circuit Breakers (Mccbs) ML23249A1032023-10-0303 October 2023 Letter to Rod L. 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Application for License Renewal IR 05000334/20234012023-09-21021 September 2023 Cybersecurity Inspection Report 05000334/2023401 and 05000412/2023401 (Cover Letter Only) ML23263A0192023-09-20020 September 2023 Operator Licensing Examination Approval ML23243A9272023-09-19019 September 2023 Review of the Fall 2022 Steam Generator Tube Inspection Report 2024-02-02
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April 3, 2019 Ms. Margrethe Kearney Ms. Andrene Dabaghi Environmental Law and Policy Center 35 East Wacker Drive, Suite 1600 Chicago, IL 60601
SUBJECT:
FENOC FLEET - LETTER TO PETITIONERS ON THE DIRECTORS DECISION RE: 10 CFR 2.206 PETITION FOR THE CITIZEN COMPLAINT AND REQUEST FOR AN ENFORCEMENT ACTION WITH REGARD TO FIRSTENERGY NUCLEAR FACILITY OPERATIONS IN OHIO AND PENNSYLVANIA
Dear Ms. Kearney and Ms. Dabaghi:
This letter responds to the petition you filed with the Executive Director for Operations (EDO) of the U.S. Nuclear Regulatory Commission (NRC) pursuant to Section 2.206 of Title 10 of the Code of Federal Regulations (10 CFR 2.206) on March 27, 2018 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML18094A642), as supplemented on October 8, 2018 (ADAMS Accession No. ML18282A242).
In your petition, you requested enforcement actions against FirstEnergy Corp. (FE), FirstEnergy Solutions (FES), FirstEnergy Nuclear Generation (NG), and FirstEnergy Nuclear Operating Company (FENOC) for failure to comply with nuclear decommissioning funding requirements under 42 United States Code Annotated (U.S.C.A.), Section 2201(x)(1), for the Beaver Valley Power Station, Units 1 and 2; Davis-Besse Nuclear Power Station, Unit 1; and Perry Nuclear Power Plant, Unit 1, which are nuclear plants located in Ohio and Pennsylvania.
You met with the petition review board (PRB) on June 19, 2018, to clarify the bases for your petition. The transcript of this meeting was treated as a supplement to the petition and is available in ADAMS at Accession No. ML18194A395.
On August 27, 2018 (ADAMS Accession No. ML18220B314), the NRC staff acknowledged receiving your petition and stated that pursuant to 10 CFR 2.206 your petition was being referred to me for action and that it would be acted upon within a reasonable time.
As explained in the proposed directors decision (ADAMS Accession No. ML18309A157), the PRB recommended denying your request to issue demands for information because the licensees are required to provide the information requested, as applicable, in the next decommissioning funding status reports, which were submitted to the NRC on March 31, 2019 (ADAMS Accession No. ML19074A242) and will be reviewed by the NRC staff. The PRB also came to the initial recommendation to deny your request to issue a notice of violation and notice of civil penalties to FE, FES, NG, and FENOC, and your request to issue an order suspending the NGs and FENOCs licenses as current information available to the NRC does not demonstrate that the entities are out of compliance with NRC regulations. Therefore, there is an insufficient basis on which to take enforcement action, issue civil penalties, or suspend a license.
M. Kearney The staff sent a copy of the proposed directors decision, reflecting the initial recommendations described above, to you and to the licensee for comment on January 8, 2019 (ADAMS Accession No. ML18309A228). You responded with comments on January 22, 2019 (ADAMS Accession No. ML19037A340), and the licensee did not provide any comments. The comments and the staff's response to them are included as an attachment to the directors decision.
For the reasons provided in the enclosed directors decision (DD-19-01), I have determined that the actions requested in the petition will not be granted in whole or in part. A copy of the Directors Decision will be filed with the Secretary of the Commission for the Commission to review in accordance with 10 CFR 2.206(c). As provided for by this regulation, the decision will constitute the final action of the Commission 25 days after the date of the decision unless the Commission, on its own motion, institutes a review of the decision within that time. The documents cited in the enclosed decision are available in ADAMS for inspection at the Commissions Public Document Room, located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland, and from the ADAMS Public Library component on the NRCs Web site, http://www.nrc.gov (the NRC Library).
The notice of Issuance of the Director's Decision Under 10 CFR 2.206 will be filed with the Office of the Federal Register for publication.
I would like to acknowledge your efforts in bringing the issues to the attention of the NRC.
Please feel free to contact Bhalchandra K. Vaidya, petition manager, at Bhalchandra.Vaidya@nrc.gov, or by telephone at 301-415-3308, to discuss any questions related to this petition.
Sincerely,
/RA/
Ho K. Nieh, Director Office of Nuclear Reactor Regulation Docket Nos. 50-334, 50-412, 50-346, and 50-440
Enclosure:
Director's Decision DD-19-01 cc: see next page
M. Kearney cc: Mr. Paul A. Harden Senior Vice President, Chief Operating Officer and Chief Nuclear Officer FirstEnergy Nuclear Operating Company 341 White Pine Drive Akron, OH 44320 Mr. David B. Hamilton Site Vice President-Perry FirstEnergy Nuclear Operating Company Perry Nuclear Power Station Mail Stop A-PY-A290 PO. Box 97, Perry, OH 44081-0097 Mr. Mark Bezilla Site Vice President-FirstEnergy Nuclear Operating Company Davis-Besse Nuclear Power Station c/o Davis-Besse NPS Mail Stop A-DB-3080 5501 North State, Route 2 Oak Harbor, OH 43449-9760 Mr. Richard D. Bologna Site Vice President FirstEnergy Nuclear Operating Company Beaver Valley Power Station Mail Stop A-BV-SSB PO. Box 4, Route 168 Shippingport, PA 15077 Listserv
Package ML18094A605; Letter ML19052A042;
Enclosure:
2.206 DD ML19052A040 (*) By email OFFICE NRR/DORL/LPL3/PM NRR/DORL/LPL3/LA Tech Editor* NRR/DORL/LSPB*
NAME BVaidya SRohrer JDougherty PBuckberg DATE 03/06/2019 03/06/2019 02/28/2019 03/06/2019 OFFICE NRR/DLP/PFPB/BC* R-I(*) SShaffer for OE* OGC*
NAME ABowers MYoung DJones LBaer DATE 03/06/2019 02/28/2019 03/01/2019 03/06/2019 OFFICE NRR/DORL/LPL3/BC NRR/DORL/DD NRR/DORL/D NRR/L/D NAME DWrona GSuber CErlanger HNieh DATE 03/08/2019 03/08/2019 03/12/2019 04/03/2019 ENCLOSURE DIRECTORS DECISION