INFORMATION REPORT

August 9, 2004 SECY-04-0143

For: The Commissioners

From: William M. Dean, Assistant for Operations, Office of the EDO

Subject: SECY-04-0143 WEEKLY INFORMATION REPORT - WEEK 

ENDING JULY 30, 2004

Contents Enclosure

Nuclear Reactor Regulation A

Nuclear Material Safety and Safeguards B

Nuclear Regulatory Research C

Nuclear Security and Incident Response D

General Counsel E*

Administration F*

Chief Information Officer G

Chief Financial Officer H*

Human Resources I

Small Business and Civil Rights J*

Enforcement K*

State and Tribal Programs L*

Public Affairs M

International Programs N*

Office of the Secretary O

Region I P

Region II P*

Region III P*

Region IV P

Executive Director for Operations Q*

Congressional Affairs R

*No input this week.

/RA/

William M. Dean

Assistant for Operations, OEDO

Contact:

T. Kim, OEDO
August 9, 2004 SECY-04-0143

For: The Commissioners

From: William M. Dean, Assistant for Operations, Office of the EDO

Subject: SECY-04-0143 WEEKLY INFORMATION REPORT - WEEK 

ENDING JULY 30, 2004

Contents Enclosure

Nuclear Reactor Regulation A

Nuclear Material Safety and Safeguards B

Nuclear Regulatory Research C

Nuclear Security and Incident Response D

General Counsel E*

Administration F*

Chief Information Officer G

Chief Financial Officer H*

Human Resources I

Small Business and Civil Rights J*

Enforcement K*

State and Tribal Programs L*

Public Affairs M

International Programs N*

Office of the Secretary O

Region I P

Region II P*

Region III P*

Region IV P

Executive Director for Operations Q*

Congressional Affairs R

*No input this week.

/RA/

William M. Dean

Assistant for Operations, OEDO

Contact:

T. Kim, OEDO

DISTRIBUTION:

Central File

Public Document Name: C:\WIR\Week730.WPD

OEDO AO/OEDO

TJKim:paa WMDean

08/06/04 08/09/04
WEEKLY INFORMATION REPORT - WEEK ENDING JULY 30, 2004

The Weekly Information Report is compiled by the Office of the EDO and includes highlights of

Headquarters and Regional Office activities. 

Contact: T. Kim, OEDO by E-mail: tjk3@nrc.gov. 

Use GO TO (Ctrl+Home) to advance to the page number for a specific Office.

PgDn and PgUp can also be used to advance through the text.

OFFICE Page OFFICE Page

NRR 2 STP *

NMSS 4 OPA 17

RES 8 OIP *

NSIR * SECY 19

OGC * Region I 20

ADM 10 Region II *

CIO 11 Region III *

CFO * Region IV 23

HR 15 OEDO *

SBCR * OCA 24

OE *

*No input this week
July 30, 2004 ENCLOSURE A

Office of Nuclear Reactor Regulation

Items of Interest

Week Ending July 30, 2004

Power Uprates

In July 2004, the staff completed a survey of nuclear power plant licensees to obtain information

regarding industry’s plans related to power uprate applications. Based on this survey, licensees

plan to submit power uprate applications for 18 nuclear power plant units in the next 5 years. 

These include 7 measurement uncertainty recapture power uprates, 1 stretch power uprate,

and 10 extended power uprates. These planned power uprates in the aggregate represent 

about 2840 megawatts-thermal (940 megawatts-electric) of additional generating capacity. 

U.S. Environmental Protection Agency (EPA) Issues New Regulations for the Protection of

Aquatic Organisms

On July 9, 2004, the EPA published a final rule in the Federal Register (69 FR 41575)

implementing regulations for certain power facilities. The regulations are the second in a series

(Phase II) of three planned regulations setting performance standards for cooling water intake

structures. Section 316(b) of the Federal Water Pollution Control Act of 1972 requires a

demonstration that the location, design, and capacity of cooling water intake structures use the

best technology available to minimize adverse environmental impacts; specifically, impingement

and entrainment of aquatic organisms. Prior to the July 9, 2004, change in the regulations

there were no performance standards defining best technology available. The regulations apply

to existing power facilities with a total design intake flow of 50 million gallons per day and that

use 25 percent of the water withdrawn exclusively for cooling water. The regulations are

effective September 7, 2004. Previously on December 18, 2001 (66 FR 65255) EPA had 

issued similar (Phase I) regulations that apply to new facilities built after January 17, 2002. 

Both sets of regulations are intended to minimize the adverse effects of water withdrawal for

steam-electric cooling on aquatic organisms inhabiting the source waterbody. 

Both the Phase I and Phase II regulations are implemented through the National Pollutant

Discharge Elimination System (NPDES) permits. NPDES permits are renewed every five

years. Compliance with the provisions of the new regulation will be required prior to approval of

a request for renewal of the permit. The amended Section 316(b) regulations establish

technology-based performance standards that require facilities to reduce fish and shellfish

impingement mortality on intake screens by 80 to 90 percent and entrainment of early life

stages of fish and shellfish by 60 to 90 percent from a theoretical baseline once-through facility

with an intake structure parallel to the shoreline and standard traveling screens. The regulation

provides for five compliance options. 

There are approximately 530 once-through steam electric facilities in the U.S. that may be

affected by these regulations. For the 104 U.S. nuclear power reactors, the staff has

determined that there are 61 units at 38 sites that have once-through cooling that may require

modifications to the cooling system or intake structure. A total of 38 units at 29 sites already

employ closed-cycle cooling and will likely require no modifications. The Palo Verde and

Turkey Point plants utilize alternate makeup water sources and may not be required to comply

with the performance standards. 
July 30, 2004 ENCLOSURE A

Section 125.94(f) of the new regulation states that decisions made for protecting aquatic

organisms must not conflict with Nuclear Regulatory Commission safety requirements. The

regulations may have an impact on ongoing and future National Environmental Policy Act

reviews related to early site permits and license renewal. The redesign of intake structures and

the use of barriers in front of the intake to exclude fish and shellfish may have some safety

implications if the source waterbody is the ultimate heat sink for the facility. Legal challenges to

the new regulations from both the industry and public advocacy groups are expected.

Atomic Safety and Licensing Board Panel (ASLBP) Decision on Connecticut Coalition Against

Millstone (CCAM) Petition for Hearing on Millstone License Renewal

On July 28, 2004, the ASLBP issued a Memorandum and Order denying two motions for stay

and the petition for leave to intervene by the CCAM. In March 2004, CCAM filed a petition for

leave to intervene against the license renewal application by Dominion Nuclear Connecticut,

Inc., for Millstone Power Station, Units 2 and 3. ASLBP conducted a pre-hearing conference

with all parties in New London, CT on June 30, 2004. The Order indicated that the main reason

for denying the petition, which included six contentions, was the lack of adequate supporting

information. In addition, the contentions on terrorism and emergency preparedness were

judged to be out of scope for license renewal. 

Public Meeting to Discuss Industry Guidance on Fire Protection Associated Circuits

On July 28, 2004, the Office of Nuclear Reactor Regulation staff met with Nuclear Energy

Institute (NEI) and industry representatives to discuss NEI’s guidance for post-fire safe

shutdown (NEI 00-01), which contains proposed method for resolving the circuit failure issues. 

This meeting is one of a series of meetings on this topic. 

During the meeting, NEI presented its plan, which includes NEI 00-01, as a proposed method

for the resolution of the circuit failure issues. NEI also discussed NEI 04-06, “Guidance for SelfAssessment of Circuit Failure Issues,” which contains a strategy for individual licensees to selfassess likely circuit failure configurations. 

The staff plans to hold another public meeting in September 2004 to provide stakeholders clear

definitions and guidance concerning associated circuit analysis. The staff has scheduled the

resumption of circuit inspections for January 2005. 

NRC Information Notice (IN) 2004-15: Dual-Unit Scram at Peach Bottom Units 2 and 3

On July 22, 2004, the NRC issued the subject IN to alert addressees regarding a recent event

at Peach Bottom which involved a loss-of-offsite power followed by a dual-unit scram and other

operational challenges. NRC dispatched an Augmented Inspection Team (AIT) to determine

the causes, conditions, and circumstances relevant to issues directly related to the event and to

assess the safety significance of the event. The results of the AIT are documented in

Inspection Report 50-277/2003-13, dated December 18, 2003 (NRC ADAMS Accession

Number: ML033530016).
July 30, 2004 ENCLOSURE A

NRC Regulatory Issue Summary (RIS) 2004-12: Clarification on Use of Later Editions and

Addenda to the American Society of Mechanical Engineers (ASME) Code for Operation and

Maintenance of Nuclear Power Plants (OM Code) and Section XI

On July 28, 2004, the NRC issued the subject RIS to clarify the requirements for inservice

testing and inservice inspection, as required by Title 10, Section 50.55a, paragraphs (f)(4)(iv)

and (g)(4)(iv) of the Code of Federal Regulations, when using later editions and addenda of the

ASME OM Code, and Section XI of the ASME Boiler and B&PV Code. The staff has identified

several instances in which licensees have used portions of editions and addenda of the OM

Code and/or the ASME Boiler and Pressure Vessel Code (B&PV Code) that had not been

approved by the Commission. 

Vermont Yankee - Public Meeting on Extended Power Uprate (EPU) Request

On July 21-22, 2004, the staff held a public meeting in Rockville, Maryland, with Entergy

Nuclear Vermont Yankee, (licensee) to discuss the licensee’s analysis of potential flow induced

vibration (FIV) effects in support of the EPU request. During the meeting, General Electric

Nuclear Energy, a contractor to the licensee, discussed its analysis of the predicted

performance of the steam dryer at Vermont Yankee under EPU conditions. The licensee

discussed its response dated July 2, 2004, to the staff’s request for additional information on

potential FIV effects at the EPU conditions. The staff plans to conduct a followup meeting with

the licensee to discuss the results of the licensee’s evaluation of steam pressure data and

additional analyses of the steam dryer. 
July 30, 2004 ENCLOSURE B

Office of Nuclear Material Safety and Safeguards

Items of Interest

Week Ending July 30, 2004

Meeting on National Academy of Sciences (NAS) Transportation Study

On July 21-22, 2004, Office of Nuclear Material Safety and Safeguards (NMSS) staff attended a

public meeting in Albuquerque, New Mexico, convened by the NAS task force on radioactive

material transportation. The task force, which is co-sponsored by NRC, is conducting a 2-year

study of the risks of radioactive material transportation. The main purpose of the meeting was

to consider the benefits of modeling future shipments to Yucca Mountain on the infrastructure

and experience developed during the ongoing shipping campaign of transuranic wastes to the

Waste Isolation Pilot Plant. The NAS task force is expected to issue a final report in the Spring

of 2005.

TRUPACT-III Transport Package Design Review

On July 28, 2004, Spent Fuel Project Office staff met with Packaging Technology, Inc., to

discuss significant technical issues identified by the staff during the review of the Safety

Analysis Report for the TRUPACT-III transportation package, which had been submitted to

NRC in March 2004. The staff presented its main concerns regarding the structural design and

materials selection for TRUPACT-III and responded to a number of questions from the

applicant. Based on these concerns, staff has stopped the technical review of the application. 

The applicant indicated that it will inform NRC, in 2 weeks, whether it will withdraw the

application, or whether NRC should proceed with denial of the application.

Workshop with Russian Federation Gosatomnadzor on Development of Regulatory Acceptance

Criteria for a Russian Federation Standard Review Plan

On July 19-21, 2004, staff from the Division of Fuel Cycle Safety and Safeguards (FCSS)

participated in a workshop, in Moscow, with staff from the Department of Energy/National

Nuclear Security Administration (NNSA); the Russian Federation (RF) Federal Nuclear

Regulatory Service (FNRS, formerly Gosatomnadzor or GAN); and other Russian government

agencies and industry. The purpose of the workshop was to discuss the process for developing

regulatory acceptance criteria for the RF Standard Review Plan (SRP) for a mixed-oxide fuel

fabrication facility. During the workshop, FCSS experts in the areas of radiation safety, nuclear

criticality safety, and chemical safety gave short presentations on the process for developing

regulatory acceptance criteria. 

After each presentation, Russian workshop participants worked together in breakout sessions

to develop examples of RF regulatory acceptance criteria, using Russian law, safety

requirements, and safety guides. The 3-day workshop was well-attended each day by 10-15

Russian participants. The workshop format was well-received by the Russian participants,

several of whom stated that it provided constructive insights and feedback that would assist

them in the development of the RF SRP.
July 30, 2004 ENCLOSURE B

Proposed Rule Signed by Acting Executive Director for Operations

On July 27, 2004, the Acting Executive Director for Operations approved a proposed rule which

revises 10 CFR 72.214, “List of approved spent fuel storage casks.” The proposed rule adds

an amendment to the certificate of compliance associated with the NAC multipurpose canister

cask system. This amendment will modify the cask design to incorporate vacuum drying

enhancements under a general license. Specifically, the amendment will increase vacuum

drying time limits, delete canister removal from concrete cask requirements, revise surface

contamination removal time limits, and revise allowable contents fuel assembly limits.
July 30, 2004 ENCLOSURE C

Office of Nuclear Regulatory Research

Items of Interest

Week Ending July 30, 2004

Interagency Steering Committee on Multimedia Environmental Modeling (ISCMEM) Meeting

On July 22, 2004, RES staff participated in a special meeting of the ISCMEM to develop a

coordinated approach on data quality objectives. The ISCMEM members represent nine

participating Federal agencies under a Memorandum of Understanding on research into

multimedia environmental modeling. The Environmental Protection Agency will take the lead in

presenting the data quality discussion at the next ISCMEM public meeting which will be held at

the NRC auditorium on August 24, 2004. This meeting will include a series of technical

presentations on research being conducted by the various agencies on environmental

modeling.

Public Workshop on Regulatory Structure for New Plant Licensing

On July 27-28, 2004, RES sponsored a public workshop on future plant designs. The purpose

of the workshop was to discuss and solicit stakeholder comments on the draft technologyneutral regulatory framework for new reactors and options for functional performance

requirements and criteria for non-light-water reactor containment designs. The workshop was

well attended and included representatives from the nuclear industry, a public citizen’s

organization, vendors, consultants, academia, Department of Energy, and national laboratories. 

The feedback on the workshop was positive and indicated general agreement with the need for

a regulatory framework and it’s conceptual bases. The attendees expressed their desire to

comment on the draft framework when issued for public review. Attendee feedback on the

preliminary containment performance options provided input and perspectives toward finalizing

this area. The RES staff currently anticipates that the draft framework will be issued for

comment in December 2004. 
July 30, 2004 ENCLOSURE D

Nuclear Security and Incident Response

Items of Interest

Week Ending July 30, 2004

Preliminary Notifications

1. PNO-IV-04-020, Columbia Generating Station - AUTOMATIC REACTOR SCRAM WITH

TWO CONTROL RODS INDICATING NOT FULLY INSERTED.
July 30, 2004 ENCLOSURE G

Chief Information Officer

Items of Interest

Week Ending July 30, 2004

Freedom of Information Act and Privacy Act Requests Received During the Period of

July 23 through July 29, 2004:

Solicitation #ADM-04-423, bidders mailing list, incumbent contractor,

abstract of bids, schedule B line item pricing

FOIA/PA-2004-0309

Contract #ADM-04-423, current & previous contract period service

contract act, price adjustment mod & section B; current & previous

contract period wage determination

FOIA/PA-2004-0310

Civil & administrative violations for which a monetary penalty was

assessed, CY 2003 and 2004

FOIA/PA-2004-0311

Chernobyl Sarcophagus, Ukraine, most recent report/data on safety

and status

FOIA/PA-2004-0312
July 30, 2004 ENCLOSURE I

Office of Human Resources

Items of Interest

Week Ending July 30, 2004

Arrivals

Toral Desai Secretary (OA) OCFO

Quanitta Favorite Secretary (OA) NSIR

Joe Foster Sr. Intelligence Analyst NSIR

Kathleen Podolak Clerk ASLBP

Jeremy E. Tapp General Engineer (NSPDP) NRR

Retirements

Ronald Lloyd Sr. Reactor Systems Engineer RES

Sadanandan V. Pullani Sr. Reactor Systems Engineer RES

Departures

Candice Griffith Student Engineer RES

Gilena A. Monroe Student Engineer (Summer) ACRS
July 30, 2004 ENCLOSURE M

Office of Public Affairs

Items of Interest

Week Ending July 30, 2004

Media Interest

The Office of Public Affairs (OPA) received significant media inquiries on the following:

Nevada’s challenge to the Department of Energy’s certification of documents in the License

Support Network (LSN) for Yucca Mountain.

NRC’s certification that its documents regarding Yucca Mountain are available on the LSN.

Declaration of an Alert at Columbia Generating Station.

Press Releases

Headquarters:

04-089 NRC Staff Makes its Yucca Mountain Documents Available (7/30)

Regions:

II-04-041 NRC Proposes $24,000 Fine Against Westinghouse for Alleged Violations

at Commercial Nuclear Fuel Plant in Columbia, S.C. (7/30)
July 30, 2004 ENCLOSURE O

Office of the Secretary

Items of Interest

Week Ending July 30, 2004

Document Released

to Public

Date Subject

Decision Documents

1. SECY-04-0115 7/7/04 Rulemaking Plan to Incorporate First

Revised Order EA-03-009 Requirements

into 10 CFR 50.55a

2. COMSECY-04-0044 7/12/04 Public Meeting to Communicate Security

Matters - Revised Agenda and Talking

Points

SRM on COMSECY-04-

0044

7/22/04 (same)

Voting Record on

COMSECY-04-0044

7/22/04 (same)

3. SECY-04-0118 7/13/04 Plan for the Implementation of the

Commission’s Phased Approach to

Probabilistic Risk Assessment Quality

4. SECY-04-0110 7/2/04 High-Risk Material - Proposed Rule to

Amend 10 CFR Part 110, "Export and

Import of Nuclear Equipment and Material"

SRM on SECY-04-0110 7/29/04 (same)

Voting Record on

SECY-04-0110

7/29/04 (same)

Information Papers

1. SECY-04-0131 7/22/04 SECY-04-0131 Weekly Information Report -

Week Ending July 16, 2004

2. SECY-04-0117 7/9/04 Semiannual Update of the Status of New

Reactor Licensing Activities

3. SECY-04-0123 7/16/04 Litigation Report - 2004 - 03
July 30, 2004 ENCLOSURE O

Memoranda

M040729A 7/29/04 Staff Requirements - Affirmation Session: I.

SECY-04-0120 - Duke Energy Corp.

(Catawba Nuclear Station, Units 1 and 2);

NRC Staff’s Petition for Interlocutory Review

of the Licensing Board’s 6/25/04 Oral Order

(Finding the Intervenor’s Witness Qualified

as an Expert in the Area of Nuclear

Security)

Commission Correspondence

1. Letter to Joe Colvin, Nuclear Energy Institute, dated July 20, 2004, responds to request

that the Commission reconsider its decision to combine the efforts to revise the drug and

alcohol testing requirements in 10 CFR Pt. 26, Fitness for Duty Program.

Federal Register Notices Issued

1. Advisory Committee on Reactor Safeguards, Subcommittee Meeting on ThermalHydraulic Phenomena, notice of meeting (08/17-18/04).

2. Advisory Committee on Reactor Safeguards, Subcommittee Meeting on Safeguards and

Security, notice of meeting (08/24-26/04). 

3. Atomic Safety and Licensing Board, In the Matter of Louisiana Energy Services, L.P.,

(National Enrichment Facility), Docket No. 70-3103-ML, ASLBP No. 04-826-01-ML, 

July 26, 2004, Notice of Hearing (Application to Possess and Use Nuclear Material to

Enrich Natural Uranium by the Gas Centrifuge Process).

4. Advisory Committee on Reactor Safeguards, Subcommittee Meeting on ThermalHydraulic Phenomena, August 17-18, 2004 meeting, postponed.
July 30, 2004 ENCLOSURE P

Region I

Items of Interest

Week Ending July 30, 2004

Salem and Hope Creek Generating Station - Safety Conscious Work Environment

On July 30, 2004, NRC issued a letter to Public Service Electric and Gas (PSEG) documenting 

the results of NRC’s review of the work environment at the Salem and Hope Creek. Although

the NRC’s review did not identify any serious safety violations, weaknesses were identified in

corrective actions and work management. The NRC’s review also identified that the station

management has not been consistent in its support of station staff identifying concerns and

providing alternative views. The letter acknowledged PSEG’s June 25, 2004, letter which

described its plans to improve the work environment at Salem and Hope Creek.
July 30, 2004 ENCLOSURE P

Region IV

Items of Interest

Week Ending July 30, 2004

Wolf Creek Generating Station - Announcement of Management Change

On July 23, 2004, Wolf Creek Nuclear Operating Corporation announced that Mr. Matthew

Sunseri will assume the position of Vice President - Oversight at the Wolf Creek Generating

Station. Mr. Sunseri will provide management oversight for various programs including Quality

Assurance, Corrective Action, Operating Experience, Human Performance, Licensing,

Environmental, Emergency Planning, Training, and the Employee Concerns Program. 

Previously, Mr. Sunseri was employed at the Comanche Peak Steam Electric Station and held

various management positions at that facility.

Diablo Canyon Public Meeting

On July 27, 2004, the Regional Administrator and other members of the Region IV staff held a

public meeting with Pacific Gas & Electric (PG&E) Company in San Luis Obispo, CA. The

purpose of the meeting was to discuss PG&E’s plans to address identified weaknesses in

human performance and problem identification/resolution at the Diablo Canyon Power Plant. 

Approximately 50 attendees, including special interest groups (e.g., Mothers for Peace) and the

media participated in the meeting. Prior to the meeting, the Regional Administrator met with the

Chairman of the San Luis Obispo County Board of Supervisors. 

San Onofre Nuclear Generating Station End-of-Cycle Public Meeting

On July 29, 2004, several members of the Region IV staff held an End of Cycle public meeting

with Southern California Edison Company (SCE) in San Clemente, CA. Approximately 30

attendees, including local government officials and members of the public and the media

participated in the meeting. 
July 30, 2004 

Office of Congressional Affairs

Items of Interest

Week Ending July 30, 2004

CONGRESSIONAL HEARING SCHEDULE, NO. 68

Portner TBA

SD-124

TBA Markup FY2005 Energy and Water

Development Appropriations

Senators Energy anAppropria

Keeling TBA

345 CHOB

TBA Markup Homeland Security Authorization Reps. Co

Select CoSecurity

Note: The Senate and the House of Representatives are in recess until September 7.