INFORMATION REPORT

October 5, 2004 SECY-04-0179

For: The Commissioners

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

Subject: SECY-04-0179 WEEKLY INFORMATION REPORT - WEEK 

ENDING SEPTEMBER 24, 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
October 5, 2004 SECY-04-0179

For: The Commissioners

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

Subject: SECY-04-0179 WEEKLY INFORMATION REPORT - WEEK 

ENDING SEPTEMBER 24, 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\Week924.WPD

OEDO AO/OEDO

TKim:paa WMDean

10/5/04 10/5/04
WEEKLY INFORMATION REPORT - WEEK ENDING SEPTEMBER 24, 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 18

NSIR 9 SECY 19

OGC * Region I 20

ADM 10 Region II 21

CIO 11 Region III *

CFO * Region IV *

HR 15 OEDO *

SBCR * OCA 23

OE *

*No input this week
September 24, 2004 ENCLOSURE A

Office of Nuclear Reactor Regulation

Items of Interest

Week Ending September 24, 2004

Nuclear Energy Institute’s (NEI’s) Fire Protection Information Forum

On September 20-22, 2004, NRC management and staff from the Office of Nuclear Reactor

Regulation (NRR), Office of Nuclear Regulatory Research (RES), Region I, and Region IV

attended the Fire Protection Information Forum sponsored by the NEI in Key Biscayne, Florida. 

The forum covered many of the important fire protection issues including National Fire

Protection Association (NFPA) 805 rule adoption, manual action rulemaking, and resumption of

safe shutdown circuit inspections. The Deputy Executive Director for Reactor Programs was

one of the invited guest speakers.

On September 22-24, 2004, NRC staff also participated in an industry fire modeling seminar

sponsored by the Electric Power Research Institute (EPRI) in Key Biscayne, Florida. The

purpose of this seminar was to advance the industry's knowledge in fire modeling for use in

risk-informed/performance-based fire protection (e.g., fire protection Significance Determination

Process and circuit analysis). 

Public Meeting on Generic Safety Issue (GSI)-189

On September 21, 2004, NRR staff held a public meeting with industry representatives on 

GSI-189, "Susceptibility of Ice Condenser and Mark III Containments to Early Failure from

Hydrogen Combustion during a Severe Accident." The purpose of the meeting was to discuss

the draft design criteria for the hydrogen igniter back-up power supply and the schedule for

resolving GSI-189.

NRC Regulatory Issue Summary (RIS) 2004-14: Focusing Resources in the Office of Nuclear

Reactor Regulation (NRR) as a Result of Review of Security Plan Changes

On September 20, 2004, the NRC issued the subject RIS to inform all nuclear power plant

licensees that NRR is reallocating some of its resources to complete the effort to process

security plan changes. The RIS requires no action or written response on the part of licensees. 

Technical Audit of Joint Owners’ Group Program on Motor-Operated Valve Periodic Verification

On September 13-16, 2004, the NRC staff conducted a technical audit of the Joint Owners’

Group (JOG) Program on Motor-Operated Valve (MOV) Periodic Verification at the office of the

JOG contractor, MPR Associates, Inc., in Alexandria, VA. The objective of the NRC staff audit

was to obtain sufficient information to enable the staff to reach a decision regarding the

acceptability of the JOG Program on MOV Periodic Verification which was developed by the

major reactor vendor owner’s groups as part of the industry-wide response to Generic Letter

(GL) 96-05, “Periodic Verification of Design-Basis Capability of Safety-Related Motor-Operated

Valves.” The licensees for 98 reactor units committed to implement the recommendations of

the JOG program as part of their GL 96-05 responses. 
September 24, 2004 ENCLOSURE A

The JOG program consists of several test program phases, including a five-year diagnostic test

program. Following completion of the five-year test program, the JOG prepared its final Topical

Report to establish the long-term MOV periodic diagnostic test program. The JOG submitted

the Topical Report to the NRC on February 27, 2004, for the staff’s review and approval. 

The audit allowed the staff to obtain significant information to support the development of longterm recommendations for periodic verification of MOV design-basis capability as part of the

JOG program. The JOG agreed to provide follow-up information on several specific topics. 

The staff intends to complete its review of the JOG Topical Report by the end of calendar year

2004.
September 24, 2004 ENCLOSURE B

Office of Nuclear Material Safety and Safeguards

Items of Interest

Week Ending September 24, 2004

Public Meeting at Sabia Incorporation’s Facility

On September 15, 2004, staff from the Division of Industrial and Medical Nuclear Safety (IMNS)

conducted a public meeting at the Sabia Incorporation’s facility in San Diego, California. The

meeting discussed in detail Sabia’s application to register the XC-Series Material Analyzer. The

IMNS staff and the applicant discussed the safety features of the device, assembly methods,

materials of construction, shielding, mounting of the sealed sources, shutter operation, and

other safety-related technical issues. NRC staff, to complete its safety review, requested

additional information on these topics from Sabia. In the proprietary session of the meeting, the

staff and the applicant discussed proprietary design and construction features of the device. 

Staff also reviewed a prototype of the device on site. Representatives of the State of California

and other members of the public attended the open session of the meeting.

Meeting of the Interagency Steering Committee on Radiation Standards

On September 15, 2004, the Interagency Steering Committee on Radiation Standards held a

public meeting with the Chairman and Vice Chairman of the International Commission on

Radiation Protection (ICRP). The purpose of the meeting was to provide Federal agencies and

the public with opportunities to discuss the draft 2005 ICRP radiation safety recommendations. 

The Vice-Chairman also presented an ICRP proposal on "Radiological Protection of NonHuman Species." Members of the public attended and provided comments on both topics. 

Minutes of the meeting will be posted on www.iscors.org.

Issuance of Draft Environmental Impact Statement for Louisiana Energy Services, LP National

Enrichment Facility

On September 17, 2004, NRC staff issued the Draft Environmental Impact Statement (DEIS)

(NUREG-1790) for the proposed National Enrichment Facility (NEF) to be constructed and

operated by Louisiana Energy Services, LP. In the DEIS, the staff analyzed the environmental

impacts from the proposed NEF, a gas centrifuge uranium enrichment facility to be located 5

miles east of Eunice, New Mexico, and determined that such impacts generally would be small

to moderate. On October 14, 2004, NRC staff will be hosting a public meeting in Eunice to

obtain public comments on the DEIS. The public comment period on the DEIS closes on

November 6, 2004.

Meeting of the Low-Level Radioactive Waste Forum

On September 20-21, 2004, staff from the Division of Waste Management and Environmental

Protection participated in the Low-Level Waste (LLW) Forum meeting in Buffalo, New York. 

Other participants included representatives from LLW compacts, States, commercial disposal

facilities, the Department of Energy, and the Environmental Protection Agency. Topics of

discussion included updates on compact activity, the application for an LLW disposal facility in

Texas, NRC's recent activities regarding Yucca Mountain, and LLW disposal capacity reports
September 24, 2004 ENCLOSURE B

from the Government Accountability Office. The next meeting will be held in March 2005 in Salt

Lake City.

Meeting with National Nuclear Security Administration on Russian and U.S. MOX Projects

On September 21, 2004, Division of Fuel Cycle Safety and Safeguards staff met with managers

of the National Nuclear Security Administration (NNSA). NNSA informed staff that Duke

Cogema Stone & Webster will submit a license application in March 2005 for the U.S. MixedOxide (MOX) Fuel Fabrication Facility, regardless of the status of the U.S.-Russian negotiations

on liability protection for U.S. businesses working in Russia, and regardless of whether the U.S.

and Russia are prepared to begin construction of their respective MOX facilities in May 2005.

Staff Observes NAS Board on Radioactive Waste Management Open Session

On September 20, 2004, Division of High-Level Waste Repository Safety and Office of the

General Counsel staff attended, as observers, a public session of the National Academy of

Sciences’ Board on Radioactive Waste Management (NAS BRWM) on the results of the recent

Court Decision on the environmental standards for Yucca Mountain. On July 9, 2004, the D.C.

Circuit Court of Appeals vacated the Environmental Protection Agency’s (EPA’s) 10,000-year

compliance period for evaluating the safety of a proposed repository at Yucca Mountain. Dr.

Richard Meserve, chair of the BRWM, and former NRC chairman, opened the session by

stating that this was an information session only, and the Board was not taking any position

now on the Court’s ruling, or any actions that government agencies might take in response. 

Speakers included Robert Fri, who chaired the NAS Committee on the Technical Basis for

Yucca Mountain Standards, the report of which was prepared in 1996, for EPA, pursuant to the

Energy Policy Act of 1992. Dr. Fri explained that, because selection of an appropriate

compliance period is “inextricably linked” to the definition of radionuclide transport and

exposure scenarios, it would not be correct to simply replace EPA’s 10,000-year compliance

period with a longer period. Other speakers included: Joseph Egan and Michael Thorne (State

of Nevada); Michael Bauser (Nuclear Energy Institute); Jeffrey Holmstead (EPA); and Sam

Fowler (U.S. Senate Committee on Energy and Natural Resources). Mr. Holmstead said that

EPA was just starting to evaluate its options. He noted that EPA wants to develop a response

that is ...“consistent both with the Court opinion and with the best science available.” After

questions and discussion by BRWM members, public comments were provided by: Luther

Carter (for himself and Thomas Pigford); Judy Treichel (representing the Nevada Nuclear

Waste Task Force); Kevin Camps (representing Nuclear Information Resource Service); and

Arjun Makhijani (Institute for Energy and Environmental Research).

Meeting with DOE and Presentation at Advisory Committee on Nuclear Waste Meeting on

Yucca Mountain Geophysical Data

On September 21, 2004, the Division of High-Level Waste Repository Safety held a public

meeting with Department of Energy (DOE) staffs and contractors in Las Vegas, Nevada. At this

meeting, the results of recently completed aeromagnetic surveys of the Yucca Mountain Region

were discussed. Analysis of this data will be used to reduce the uncertainty regarding buried

igneous bodies in the Yucca Mountain Region and their effect on the probability of volcanic

disruption of the proposed high-level waste repository.
September 24, 2004 ENCLOSURE B

On September 22-23, 2004, Division of High-Level Waste Repository Safety staff and staff from

the Center for Nuclear Waste Regulatory Analyses gave presentations at an Advisory

Committee on Nuclear Waste (ACNW) meeting in Las Vegas, Nevada. The main focus of the

meeting was an ACNW-sponsored "Working Group on the Evaluation of Igneous Activity and

Its Consequences at a Geologic Repository at Yucca Mountain, Nevada." NRC staff and staff

from the Center for Nuclear Waste Regulatory Analyses presented papers on the “NRC Staff’s

Perspective on the Modeling of Magma/repository” and on “Challenges to Modeling Doses Due

to Disruptive Igneous Events.”
September 24, 2004 ENCLOSURE C

Office of Nuclear Regulatory Research

Items of Interest

Week Ending September 24, 2004

Public Meeting on Probabilistic Risk Assessment (PRA) Quality for the Mitigating Systems

Performance Index (MSPI) 

On September 21, 2004, the Probabilistic Risk Assessment Quality Task Group held the first of

a series of public meetings in support of ongoing efforts to develop guidance on PRA

requirements necessary for MSPI implementation. The task group was established in

collaboration with the Nuclear Energy Institute and consists of representatives from the Offices

of Nuclear Regulatory Research (RES) and Nuclear Reactor Regulation (NRR), Region I, and

the nuclear industry. The task group report, expected to be issued by December 2004, will

support industry-wide implementation of the MSPI by providing guidance to licensees and staff

on activities needed to demonstrate PRA quality necessary for the implementation of the MSPI. 

Full-Scale Spent Fuel Cask Drop Test in Germany

On September 21, 2004, while attending the International Symposium on the Packaging and

Transportation of Radioactive Materials (PATRAM), representatives from the Office of Nuclear

Material Safety and Safeguards (NMSS) and RES witnessed a successful full-scale cask drop

test conducted by the German Federal Institute for Materials Research and Testing (BAM). It

was a regulatory drop (i.e., from a height of 9 meters) of a GNS (Gesellschaft Fur Nuklear

Service) CONSTOR cask. The CONSTOR cask weighs 185 tons loaded and has a payload of

69 boiling water reactor (BWR) or 32 pressurized water reactor (PWR) fuel elements. On

September 24, 2004, a drop test of a Mitsubishi Heavy Industries cask (MHI-MSF) will be

conducted. The results of these tests may be useful relative to agency decisions regarding the

NRC’s package performance study.

ACR-700 MELCOR Modeling Meeting at Sandia National Laboratories

RES and NRR staff attended a meeting on September 14-17, 2004, at the Sandia National

Laboratories to discuss the scope and approach for the development of the ACR-700 MELCOR

model. The ACR-700 reactor design was developed by the Atomic Energy Canada Limited and

is based on the horizontal core CANadian Deuterium Uranium (CANDU) concept, but utilizes a

combination of light water as coolant and heavy water as moderator. It also uses slightly

enriched uranium (SEU) fuel in contrast to the natural uranium used in CANDU. The meeting

focused on innovative approaches to modify the existing MELCOR code to address

thermal-hydraulics of core melt progression in a horizontal versus vertical geometry. 
September 24, 2004 ENCLOSURE D

Nuclear Security and Incident Response

Items of Interest

Week Ending September 24, 2004

Preliminary Notification

1. PNO-IV-04-024A, CANSPEC (USA) - Updated information concerning a truck fire

involving an AEA Technology Model 880D radiography camera.
September 24, 2004 ENCLOSURE F

Office of Administration 

Items of Interest 

Week Ending September 24, 2004

Denial of Petition for Rulemaking (PRM-50-78)

On September 23, 2004, a document that denied a petition for rulemaking was published in the

Federal Register (69 FR 56958). The petitioner requested that the Nuclear Regulatory

Commission (NRC) amend its regulations and associated guidance to address the impact of

fouling on the performance of heat transfer surfaces in nuclear power plants. The petition was

denied because the NRC determined that its regulations and related oversight functions provide

reasonable assurance that systems important to safety, such as heat exchangers, will perform

their intended functions.
September 24, 2004 ENCLOSURE G

Chief Information Officer

Items of Interest

Week Ending September 24, 2004

Kickoff Meeting for Disaster Recovery Contract Held

The Office of the Chief Information Officer (OCIO) has contracted with Akamai Inc., to provide

disaster recovery capability for NRC’s public website. Part of the benefit of their service will

allow for increased load capacity or "hits" to the NRC public website in the event of high volume

requests. Their disaster recovery site failover feature will allow the entire NRC public web

server to be replicated to three geographically different locations. This minimizes the risk of an

extended outage for the public NRC website in case catastrophic events render the HQ server

inoperable. 

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

September 17 through September 23, 2004:

Contract NRC-10-00-004, present contractor charges for grounds

maintenance

FOIA/PA-2004-0365

Rapiscan Security Products, certifications issued for development

and/or operation of Inspection Scanning Systems utilizing x-ray

and/or gamma ray technology, all records

FOIA/PA-2004-0366

Allegations of discrimination by former employee, D C Cook Nuclear

Power Plant, all records

FOIA/PA-2004-0367
September 24, 2004 ENCLOSURE I

Office of Human Resources

Items of Interest

Week Ending September 24, 2004

Arrivals

Suchandra Tina Ghosh Nuclear Safety Intern NMSS

Kaushal M. Toprani Student IT Specialist (Co-op) R-I

Adam Wilson Electrical Engineer (NSPDP) RES

Retirement

Eldan Testa Sr. Health Physicist R-II
September 24, 2004 ENCLOSURE M

Office of Public Affairs

Items of Interest

Week Ending September 24, 2004

Media Interest

The Office of Public Affairs (OPA) responded to significant media interest in the following:

Results from the NRC’s accident sequence precursor analysis on the Davis-Besse vessel head

degradation condition found in 2002.

The impending publication of the government’s planned response to a potential terrorist attack

using a radiological dispersal device.

Inspection findings regarding the Oyster Creek plant in New Jersey.

Vermont Yankee’s application for a power uprate.

Press Releases

Headquarters:

04-117 Note to Editors: NRC Issues Preliminary Risk Analysis of the Combined

Safety Issues at Davis-Besse (9/20)

04-118 NRC to Hold Public Meeting Sept. 30 to Discuss Certain Fiscal Year 2005

Emphasis Areas (9/22)

04-119 NRC Advisory Committee on Reactor Safeguards to Meet Oct. 7-9 in

Rockville, Maryland (9/24)

Regions:

I-04-044 NRC, Exelon to Discuss Apparent Violation at Oyster Creek Plant (9/20)

II-04-050 NRC Staff to Meet with Southern Nuclear to Discuss Second Farley Plant

License Renewal Inspection (9/21)

II-04-051 NRC Staff and Duke Energy to Discuss Corrective Actions for Inspection

Findings at the Oconee Nuclear Plant (9/21)

III-04-046 NRC Davis-Besse Oversight Panel to Meet Sept. 28 in Ohio (9/22)
September 24, 2004 ENCLOSURE N

Office of International Programs

Items of Interest

Week Ending September 24, 2004

Japanese Observers at the Cooper Emergency Exercise

On September 21, 2004, a six-member team of Japanese emergency preparedness and

response experts from the Nuclear and Industrial Safety Agency, Ministry of Education, Culture,

Sports, Science and Technology, and the Japan Nuclear Energy Safety Organization, observed

the Cooper Nuclear Plant emergency exercise from NRC’s headquarters Emergency

Operations Center, Region IV’s Operations Center and at the Cooper Emergency Offsite

Facility. 

On September 24, 2004, the team returned to NRC headquarters to make a presentation on

Japan’s "SPEEDI" (plume and dose calculation date system), similar to NRC’s RASCAL

system. The team’s visit to observe the emergency drill and make a presentation on their

SPEEDI data system was in response to an invitation extended by Chairman Diaz during his

April 2004 visit to Japan. The team also met with staff from the Office of Nuclear Material

Safety and Safeguards. This meeting followed a site visit to Yucca Mountain and the Waste

Isolation Pilot Project (WIPP). The meeting provided an opportunity for each side to present

briefings on current regulatory and safety programs and activities.

Visit by TEPCO Management to NRC

On September 23, 2004, Mr. Roichi Shirato, Executive Senior Vice President, Tokyo Electric

Power Company (TEPCO), accompanied by several TEPCO senior managers, visited NRC and

met with Commissioner Merrifield. He briefed the Commissioner on the status of TEPCO’s

nuclear power plant operations today, following 17 plant shutdowns and inspections to address

the data falsification scandal in 2002.
September 24, 2004 ENCLOSURE O

Office of the Secretary

Items of Interest

Week Ending September 24, 2004

Document Released

to Public

Date Subject

Decision Documents

1. SECY-04-0138 7/29/04 Denial of a Petition for Rulemaking to

Revise 10 CFR Part 50 and Associated

Guidance to Specifically Address the Impact

of Fouling on the Performance of all Heat

Exchange Surfaces in a Nuclear Power

Plant

2. SRM on SECY-04-0138 8/25/04 (same)

3. Voting Recod on SECY04-01388/25/04 (same)

Information Papers

1. SECY-04-0162 9/7/04 Litigation Report - 2004 - 04

2. SECY-04-0166 9/17/04 Weekly Information Report - Week Ending

September 10, 2004

Commission Correspondence

1. Letter to Senator Hillary Rodham Clinton, dated September 15, 2004, responds to letter

expressing concern over transmission quality, radio interoperability.

Federal Register Notices Issued

1. Final Rule - 10 CFR Part 35, RIN 3150-AH47, Medical Use of Byproduct Material, Minor

Amendments: Extending Expiration.

2. Denial of a Petition for Rulemaking to Revise 10 CFR Part 50 and Associated Guidance

to Specifically Address the Impact of Fouling on the Performance of All Heat Exchange

Surfaces in a Nuclear Power Plant; [Docket No. PRM-50-78], submitted by Robert H.

Leyse. 

3. Advisory Committee on the Medical Uses of Isotopes: Meeting Notice (notice of meeting

for 10/05/04).

4. Establishment of Atomic Safety and Licensing Board - Safety Light Corporation.
September 24, 2004 ENCLOSURE P

Region I

Items of Interest

Week Ending September 24, 2004

Indian Point - Status of Security Union Contract Negotiations

On September 22, 2004, Teamster’s Local 456, representing the security force at the Indian

Point Nuclear Power Plant, and Entergy, the licensee of the plant, resumed contract

negotiations. Meanwhile, a contingency guard force is being trained by Entergy in the event of

a teamster walkout at midnight on Friday, October 1, 2004, when the current contract is due to

expire. Security specialist inspectors from Region I, accompanied by staff members from the

Office of Nuclear Security and Incident Response (NSIR), will be on site during the week of 

September 27 to verify the adequacy of the training, qualifications, and proficiency of Entergy’s

replacement security force. In addition, region-based inspectors are tentatively scheduled to

provide 24-hour coverage, commencing noon, October 1, 2004, to monitor the contingency

guard force in implementing the site Security Plan.
September 24, 2004 ENCLOSURE P

Region II

Items of Interest

Week Ending September 24, 2004

Utility Licensing Manager Counterparts Meeting

On September 22, 2004, the Regional Administrator, Director, Division of Reactor Projects, and

Director, Division of Reactor Safety attended a Counterparts Meeting of utility licensing

managers for the Region II plants. The meeting was held in Atlanta, Georgia.
September 24, 2004 

Office of Congressional Affairs

Items of Interest

Week Ending September 24, 2004

CONGRESSIONAL HEARING SCHEDULE, NO. 73

 OCAContact

 DATE & PLACE

TIME WITNESS SUBJECT 

Combs 09/30/04

SD-366

10:30 DOE, NNSA, GAO, and

others

Low Level Radioactive Waste Senators 

Energy an

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