INFORMATION REPORT

December 20, 2002 SECY-02-0220

For: The Commissioners

From: John W. Craig, Assistant for Operations, Office of the EDO

Subject: SECY-02-0220 WEEKLY INFORMATION REPORT - WEEK 

ENDING DECEMBER 13, 2002

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 & 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/

John W. Craig

Assistant for Operations, OEDO

Contact:

C. Glenn, OEDO
December 20, 2002 SECY-02-0220

For: The Commissioners

From: John W. Craig, Assistant for Operations, Office of the EDO

Subject: SECY-02-0220 WEEKLY INFORMATION REPORT - WEEK 

ENDING DECEMBER 13, 2002

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 & 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/

John W. Craig

Assistant for Operations, OEDO

Contact:

C. Glenn, OEDO

DISTRIBUTION:

Central File

Public Document Name: C:\WIR\WEEKD13.WPD

OEDO AO/OEDO

CGlenn:paa JWCraig

12/20/02 12/20/02
WEEKLY INFORMATION REPORT - WEEK ENDING DECEMBER 13, 2002

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

Headquarters and Regional Office activities. 

Contact: C. Glenn, OEDO by E-mail: cjg1@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 * IP *

NSIR 9 SECY 19

OGC * Region I 20

ADM 10 Region II 21

CIO 11 Region III 22

CFO 12 Region IV *

HR 15 OEDO *

SB/CR * OCA *

OE *

*No input this week
December 13, 2002 ENCLOSURE A

Office of Nuclear Reactor Regulation

Items of Interest

Week Ending December 13, 2002

Public Meeting with NEI and Industry on Public and Occupational Radiation Safety Cornerstone

Issues

On December 4, 2002, Division of Inspection Program Management staff, participated in a

teleconferenced, level-two public meeting with representatives of the nuclear industry, and the

Nuclear Energy Institute (NEI) to discuss program changes and Frequently Asked Questions

(FAQs) on the Public and Occupational Radiation Safety Cornerstone of the Reactor Oversight

Process.

The purpose of these periodic public meetings is to receive stakeholder input on the

Significance Determination Process (SDP) in order to make revisions to the SDP as experience

is gained with the program. NEI brought up issues and concerns with individual branches of the

cornerstone based on recent NRC inspections. The focus of these meetings is to refine the

SDP into a more user-friendly, clear and accurate inspection assessment tool. The next public

meeting is scheduled for January 23, 2002.

The Division of Regulatory Improvement Programs and Office of General Counsel Hold Public

Meeting on License Amendment Threshold

Staff from the Offices of Nuclear Reactor Regulation and Office of the General Counsel

conducted a public meeting with stakeholders on the subject of the threshold for license

amendments. The meeting was prompted by a letter from Nuclear Energy Institute (NEI) dated

July 10, 2002, and other comments. The purpose of the meeting was to clarify the threshold for

when an NRC review and approval is implemented through the license amendment process

prescribed in 10 CFR 50.90. The staff made a presentation on the processes for changes to

licensing bases and how the Perry decision sheds light on changes that require a license

amendment. The staff stated that their approach is not a new position, and indicated that this

issue appeared to be related to the development of voluntary alternative regulations and

requirements, and how such requirements become part of a specific plant’s licensing basis.

The Perry decision (CLI 96-13) concerned an approval (required by Appendix H) of a change in

a capsule withdrawal surveillance schedule and whether this approval was a license

amendment. In the cited case, the Commission concluded that the approval was not a license

amendment, stating “by merely ensuring that required technical standards are met, the staff’s

approval does not alter the terms of the license and does not grant the licensee greater

operating authority.” The Commission also noted that under Appendix H, the staff evaluates a

proposed schedule in terms of objective, technical, pre-established criteria. 

During the meeting, the staff discussed these aspects of the decision as guiding the staff’s

proposals that particular changes (for example, use of alternative methods to those in NFPA805, or implementation of proposed section 50.69) be through license amendments. While

there was agreement that altering the terms of a license required a license amendment, there

were different views among the meeting participants to how greater operating authority was to

be judged and the role played by the existence of “objective, pre-established criteria.” 
December 13, 2002 ENCLOSURE A

Public Meeting to Discuss Option 3 Guidance and the Draft Plan for Achieving Risk-Informed

Coherence

On December 5, 2002, staff of the Office of Nuclear Reactor Regulation (NRR) and the Office

of Nuclear Regulatory Research (RES) met with public stakeholders to discuss draft Option 3

guidance for risk-informing additional regulations in 10 CFR Part 50 and the draft Coherence

Plan for risk-informing regulatory activities in the reactor safety arena. In addition to NRR and

RES staff, attendees included representatives from the Nuclear Energy Institute (NEI), the

Electric Power Research Institute (EPRI), Westinghouse, Brookhaven National Laboratory, and

other engineering and law firms.

The staff presented its planned activities in these areas and solicited feedback and input from

stakeholders. NEI and EPRI presented comments on the current Option 3 framework; the

EPRI representative also presented a summary of an alternative framework for risk-informed

changes to the technical requirements of 10 CFR Part 50. NEI also presented comments on

the risk-informed regulation coherence plan, including a proposal for developing a safety

cornerstone for occupational and public radiation safety. 
December 13, 2002 ENCLOSURE B

Office of Nuclear Material Safety and Safeguards

Items of Interest

Week Ending December 13, 2002

Staff Participates in the First Meeting of the National Academies’ Committee on Improving

Practices for Regulating and Managing Low-Activity Waste

On December 4-5, 2002, staff from the Division of Waste Management (DWM) participated in

the first meeting of the National Academies’ Committee on Improving Practices for Regulating

and Managing Low-Activity Radioactive Waste (LAW). This Committee was formed to study

options for improving practices for regulating and managing LAW radioactive waste in the

United States. NRC is a co-sponsor of this study, with the Department of Energy, the

Environmental Protection Agency, the Army Corps of Engineers, and the Southeast Low-Level

Radioactive Waste Compact. The Committee invited each of the sponsors to present

information on its organization's responsibilities, issues, and expectations with respect to LowActivity Waste and "Improving Practices for Regulating and Managing Low-Activity Radioactive

Waste." DWM staff presented information on: NRC’s regulatory role; low-activity radioactive

waste laws applicable to NRC; NRC radioactive waste management regulations; low-activity

waste not regulated by NRC; current issues associated with LAW; NRC’s guidelines for

managing LAW; continuing efforts to improve regulation; and potential study outcomes of

interest to NRC. DWM staff also participated in a panel discussion with the Committee, and

reiterated NRC’s interest in the study outcomes. 

Smith County, Tennessee, Public Information Forum on Louisiana Energy Services

On December 3, 2002, staff from the Division of Fuel Cycle Safety and Safeguards and the

Division of Waste Management participated on a five-member panel at a public information

forum in Smith County, Tennessee, to describe NRC’s licensing process and to respond to

questions on the gas centrifuge uranium enrichment plant that Louisiana Energy Services (LES)

is proposing to construct in Hartsville, Trousdale County, which is adjacent to Smith County. 

The other members of the panel included representatives of LES and a Tennessee

environmental group, and an independent nuclear engineer. The Smith County Executive, who

had arranged the forum, acted as the moderator.

During the forum, the panel members made short presentations and answered questions on

the project from the public (about 80 persons, most of whom identified themselves as residents

of Smith County). The primary item of discussion and questions concerned the disposition of

depleted uranium tails. Other items of discussion and questions concerned the Tokai criticality

accident; the degree of computerization of the LES plant; effluent releases; potential accidents;

transportation of waste and increased traffic problems; LES’ proposed pay scale; LES’ financial

viability; LES’ white papers submitted to NRC earlier in the year; property values; and County

zoning requirements.

Announcement of New President and Chief Executive Officer of NAC International

Effective December 2, 2002, Mr. Peter Wailer was appointed as the new President and Chief

Executive Officer of NAC International (NAC). Mr. Wailer comes to NAC from General Electric

(GE) where he was the General Manager of Reactor Services for GE Nuclear. NAC specializes
December 13, 2002 ENCLOSURE B

in nuclear materials transport, spent fuel management technology, nuclear fuel cycle

consulting, and information technology.

Briefing of Senator Hatch’s Staff

On December 12, 2002, staff from the Spent Fuel Project Office, the Office of the General

Counsel, and the Office of Nuclear Reactor Regulation briefed Mr. William Castle, Counsel to

Senator Orrin Hatch of Utah. Mr. Castle requested that the staff brief him on the Private Fuel

Storage, LLC, license application, and the licensing process for independent spent fuel storage

installations.

Atomic Safety Licensing Board Issues Order Delaying Findings in Private Fuel Storage

Adjudicatory Proceeding

The Atomic Safety and Licensing Board issued an order declaring that the findings in the

Private Fuel Storage Adjudicatory Proceeding would be delayed until mid-to-late January 2003.
December 13, 2002 ENCLOSURE D

Nuclear Security and Incident Response

Items of Interest

Week Ending December 13, 2002

Preliminary Notifications

1. PNO-III-02-042, Northwest Community Hospital - INTRAVASCULAR BRACHYTHERAPY

MISADMINISTRATION.

2. PNO-IV-02-074A, Geosoils - UPDATE - LOST PORTABLE GAUGE FOUND.

3 PNO-IV-02-076, TXU Energy - SHUTDOWN TO REPLACE CONTROL ROD DRIVE 

MECHANISM COILS AND REPAIR CONTROL ROD DRIVE MECHANISM CANOPY

SEAL WELD.

4. PNO-I-02-021, Lehigh Valley Hospital - MEDICAL EVENT AT LEHIGH VALLEY

HOSPITAL.

5. PNO-II-02-042, Thrasher Engineering, Inc. - STOLEN PORTABLE MOISTURE/DENSITY

GAUGE.

6. PNO-I-02-022, Lancaster General Hospital - REPORT OF MISSING IODINE-125

 SEED (0.7 MILLICURIE).

7. PNO-IV-02-075A, CARTI-UAMS - UPDATE - MEDICAL MISADMINISTRATION.

8. PNO-III-02-043, Iowa Methodist Medical Center - BRACHYTHERAPY

MISADMINISTRATION - HDR
December 13, 2002 ENCLOSURE F

Office of Administration 

Items of Interest 

Week Ending December 13, 2002

Contract NRC-02-03-007 with Southwest Research Institute

A cost-plus-fixed-fee contract NRC-02-03-007 with Southwest Research Institute (SwRI) was

awarded on November 27, 2002. The total estimated cost of this contract is $559,930. The

work, entitled, "Technical Assistance for Support of the Mixed Oxide (MOX) Fuel Fabrication

Facility” is a "work for others" award to SwRI to maintain essential capabilities at the Center for

Nuclear Waste Regulatory Analyses. The period of performance is November 27, 2002

through November 26, 2004. 
December 13, 2002 ENCLOSURE G

Chief Information Officer

Items of Interest

Week Ending December 13, 2002

Freedom of Information and Privacy Act Requests received during the period of

December 7 through December 12, 2002:

Radiological surveys; guidelines and standards, 1952 to present; remedial action programs; for

Sylvania-Corning Nuclear Corporation (aka Sylvania Electric Products Inc.) Hicksville, NY

(FOIA/PA-2003-0084)

Origination airports by city/state used by HQ employees for FY01 & 02; number of trips from

each airport (FOIA/PA-2003-0085)

OI 4-2002-010, all documents including witness statements (FOIA/PA-2003-0086)

Daily historic performance statistics of all U.S. nuclear power plants, from 1990 or before

(FOIA/PA-2003-0087)

OI 4-2002-006, 1-2001-022, and 1-202-023, all documents; transcripts of interviews on named

individuals (FOIA/PA-2003-0088)

Ciba Vision, 333 East Howard Avenue (aka Siemens Gammasonics, 2000 Nuclear Drive, Des

Plaines, IL, and Wesley-Jessen, 2000 Clearwater Drive, Des Plaints, IL) (FOIA/PA-2003-0089)
December 13, 2002 ENCLOSURE H

Chief Financial Officer

Items of Interest

Week Ending December 13, 2002

Meeting On Major Upcoming Budget Events

The Chief of the Program Analysis Branch met with the office budget contacts on December 9,

2002, to discuss the upcoming budget cycle. Regions were included. Budget contacts were

given a time table for the major upcoming events through May (budget assumptions, budget

call, Program Review Committee (PRC) prioritization meetings, PRC budget review meetings).
December 13, 2002 ENCLOSURE I

Office of Human Resources

Items of Interest

Week Ending December 13, 2002

Arrivals

BROCK, Terry NUCLEAR SAFETY INTERN OSTP

DUMBACHER, David REACTOR ENGINEER RIV

GEORGE, Gerond STUDENT ENGINEER RIV

GOVAN, Tekia STUDENT ENGINEER (COOP) RES

KENNEDY, Brandon STUDENT ENGINEER RIV

MALDONADO, Militza SECRETARY RII

MORENO, Jeff STUDENT ENGINEER RIV

O’KELLY, Kevin OFFICE ASSISTANT RIII

REICHELT, Eric MATERIALS ENGINEER NRR

REITER, Michael STUDENT CLERK OI/RIII

SAPOUNTZIS, Alexander REACTOR OPERATIONS ENGINEER NSIR

SOUTHERLAND, Anglea SECRETARY RII

TINDEL, Brian STUDENT ENGINEER RIV

VAN WINKLE, Mark INFORMATION SECURITY SPECIALIST NSIR

Departures

LEE, Seung MECHANICAL ENGINEER NMSS
December 13, 2002 ENCLOSURE M

Office of Public Affairs

Items of Interest

Week Ending December 13, 2002

Media Interest

There was media interest in the Chairman’s announcement that he will be leaving NRC at the

end of March to become President of the Carnegie Institute of Washington. 

Guard force and nuclear power plant security were topics of media interest. 

Press Releases

Headquarters:

02-141 NRC Finds No Significant Environmental Impact from Extended

Operation of Surry and North Anna Nuclear Plants

02-142 NRC Advisory Committee on Nuclear Waste to Meet December 17-19

in Rockville, Maryland

02-143 NRC Approves Power Uprate for Point Beach Nuclear Plant 

02-144 Chairman Meserve to Leave NRC in Spring 

Regions:

III-02-065 NRC to Meet With United States Enrichment Corp. to Discuss

Portsmouth Gaseous Diffusion Plant Performance
December 13, 2002 ENCLOSURE O

Office of the Secretary

Items of Interest

Week Ending December 13, 2002

Document Released

to Public

Date Subject

Information Papers

1. SECY-02-0206 11/22/02 SECY-02-0206 Weekly Information Report -

Week Ending November 15, 2002

2. SECY-02-0213 12/06/02 SECY-02-0213 Weekly Information Report -

Week Ending November 29, 2002

Memoranda

1. M021121B 12/12/02 Staff Requirements - Briefing on Proposed

Rulemaking to Add New Section 10 CFR

50.69 (SECY-02-0176)

Commission Correspondence

1. Letter to Tom Clements, Senior Campaigner, Greenpeace International, dated December

6, 2002, concerns the application of Transport Logistics to export 25,983 kilograms of

depleted uranium as uranium hexafluoride to Japan. 

2. Letter to Ms. Aileen Mioko Smith, Director, Green Action, dated December 2, 2002,

concerns the application of Transport Logistics to export 25,983 kilograms of depleted

uranium as uranium hexafluoride to Japan. 

Federal Register Notices Issued

1. ASLBP Notice - Establishment of Atomic Safety and Licensing Board - Maine Yankee

Atomic Power Company.

2. 139th Meeting of the Advisory Committee on Nuclear Waste - December 17-19, 2002,

Notice of Meeting.
December 13, 2002 ENCLOSURE P

Region I

Items of Interest

Week Ending December 13, 2002

Indian Point

On December 8, 2002, the New York Times ran an article asserting that there are significant

deficiencies with security at the Indian Point Energy Center, based on the Times having

obtained a copy of an internal report of a security review at unit 2 by a contractor. The internal

review was performed in late 2001 and the report issued to Entergy in late January 2002. 

On December 9, 2002, ABC’s show “Good Morning America” also carried a feature asserting

that security at the Indian Point Energy Center is deficient. The show featured an interview with

an Indian Point security guard and with the Executive Director of the Project on Government

Oversight.

The NRC has been aware of this report and some of the report’s findings have previously been

reviewed through the NRC’s allegation process. The NRC dispatched a Headquarters and a

Region I security specialist to the Indian Point site to review security at the site and Entergy’s

response to these specific assertions.

$372,900 Civil Penalty Issued to AmerGen by the State of New Jersey for Environmental Permit

Violations in September 2002 at the Oyster Creek Nuclear Plant

On December 11, 2002, the New Jersey Department of Environmental Protection issued a civil

penalty to AmerGen for environmental permit violations at Oyster Creek. Specifically, on

September 23, 2002, AmerGen removed discharge canal dilution pumps while at full power to

perform certain maintenance work, an action prohibited by their environmental permit. Due to

the loss of dilution flow in the discharge canal with the plant still at full power, the canal

temperature rapidly increased, resulting in the death of thousands of fish from heat shock. In

accordance with New Jersey’s enforcement policy, the civil penalty was issued in two parts:

(1) a $190,000 fine for four concurrent violations of AmerGen’s discharge permit, resulting in

the September 23 fish kill, and (2) a natural resource damage assessment of roughly $182,900

for the 5,876 fish killed during this event. AmerGen has twenty days to appeal this action and

request a hearing. Press releases were issued in this matter by AmerGen and the State of 

New Jersey.
December 13, 2002 ENCLOSURE P

Meeting with Dominion Nuclear Connecticut - Millstone Power Station

On December 12, 2002, the Division of Nuclear Materials Safety, Region I, and staff from the

Spent Fuel Program Office, Office of Nuclear Materials Safety and Safeguards, met with

representatives of Dominion Nuclear Connecticut (DNC), Millstone Power Station, in the NRC

Region I office. The licensee representatives informed the NRC of plans to construct and

operate an Independent Spent Fuel Storage Installation (ISFSI) at Millstone using the

Transnuclear NUHOMS Dry Cask Storage System. This system is similar to one in operation at

the Susquehanna Power Station. The licensee plans to license the ISFSI using the General

License provisions of 10 CFR 72. The NUHOMS Dry Cask Storage System consists of a steel

canister capable of storing 32 pressurized water reactor spent fuel assemblies in a horizontal

concrete structure. DNC expects to begin construction in late 2003 and move fuel beginning in

2004. Although the ISFSI design includes plans for eventual storage of fuel from Units 1, 2,

and 3, the first fuel movements will be from Unit 2 only. The initial campaign, which is expected

to be completed by 2005, will entail loading Unit 2 spent fuel into nine of the dry casks.

The meeting was open to observation by the public. Two members of the public attended the

meeting, and representatives from the Hartford Courant and the New London Day newspapers

participated by phone. 

Meeting of Mid-Atlantic States Radiation Programs

The first meeting of the Mid-Atlantic States Radiation Programs was held in Harrisburg, PA on

December 11, 2002. The meeting was attended by more than 50 managers and staff from the

Commonwealth of Pennsylvania and the States of New Jersey, Maryland and Delaware, the

Executive Director of the Conference of Radiation Control Program Directors, plus regional

federal representatives from NRC, Food and Drug Administration, Federal Emergency

Management Agency, and the Environmental Protection Agency. Topical presentations

included mammography, federal antiterrorism, and radioactive materials. NRC presentations at

the meeting included an update by the Region I Agreement States Officer on the

implementation of Part 35, and the impact of 9/11 and the post-9/11 environment by a Senior

Intelligence Analyst from the NRC’s Office of Nuclear Security and Incident Response. The

meeting organizers plan to make this regional meeting an annual event, with the next one

tentatively scheduled to take place in New Jersey in 2003. This is the second group of States’

radiation programs in the country to organize a regional meeting. The six New England States

have been meeting annually for more than 30 years.
December 13, 2002 ENCLOSURE P

Region II

Items of Interest

Week Ending December 13, 2002

Tennessee Valley Authority - Browns Ferry Nuclear Plant

On December 9, 2002, the Regional Administrator accompanied the Deputy Executive Director

for Reactor Programs, Office of the Executive Director for Operations to the Browns Ferry

Nuclear Plant near Athens, AL. The visit included a tour of the facility and discussions with

licensee management and NRC resident inspectors on current issues.

University of Puerto Rico - Closed Enforcement Conferences

On December 13, 2002, the Regional Administrator; Regional Counsel/Enforcement Officer;

Director, Division of Nuclear Materials Safety; and other Region II staff members held a PreDecisional Enforcement Conference with representatives of the University of Puerto Rico

Medical Sciences Campus in San Juan, Puerto Rico. The Conference was held to discuss

apparent violations of NRC requirements and the licensee’s corrective actions. 

On December 12, 2002, the Director, Division of Nuclear Materials Safety, accompanied

inspectors during inspections of a nuclear pharmacy, an irradiator, and a facility undergoing

decommissioning in San Juan, Puerto Rico.

Regional meeting of Resident and Regional Inspectors

On December 10-12, 2002, the Regional Office held a meeting among the NRC Resident and

Regional Inspectors and Regional Managers. Special sessions included talks by the Deputy

Executive Director for Reactor Programs, Office of the Executive Director for Operations on

lessons learned from reactor events and challenges facing the NRC and industry and by the

Deputy Director, Office of Nuclear Reactor Regulation on reactor oversight and licensing

activities. 

Duke Energy Corporation - McGuire Nuclear Plant

On December 12-13, 2002, the Director, Division of Reactor Projects visited the McGuire

Nuclear Plant in North Carolina to participate in the Operator Licensing Certificate presentation,

meet with the resident inspectors and tour the plant. The plant tour and discussions included

observing security activities.

Regional Awards Ceremony

On December 11, 2002, the Regional Awards Ceremony was held in the Region II office. 

Several employees received awards for their performance over the past year and service to the

NRC.
December 13, 2002 ENCLOSURE P

Participation in INPO New Radiation Managers Seminar

On December 11, 2002, the Director of the Division of Reactor Safety and the Chief of the Plant

Support Branch participated in a seminar for new radiation managers for power reactor

facilities. The seminar was held by the Institute for Nuclear Power Operations (INPO). 

Discussion topics included feed back on radiation performance issues at nuclear reactors and

challenges facing industry and the NRC.
December 13, 2002 ENCLOSURE P

Region III

Items of Interest

Week Ending December 13, 2002

NRC Oversight Panel Meetings in Oak Harbor, Ohio

The NRC Oversight Panel, established under Manual Chapter 0350 to coordinate the agency’s

activities in response to the reactor vessel head damage at the Davis-Besse Nuclear Power

Station, conducted two meetings on December 10, 2002, in Oak Harbor, Ohio. The first

meeting, with representatives of FirstEnergy Nuclear Operating Company, reviewed the status

of the utility’s activities at the plant and the second, a Category 3 public meeting, summarized

recent NRC activities and those of the utility.