INFORMATION REPORT

August 2, 2004 SECY-04-0139

For: The Commissioners

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

Subject: SECY-04-0139 WEEKLY INFORMATION REPORT - WEEK 

ENDING JULY 23, 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 2, 2004 SECY-04-0139

For: The Commissioners

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

Subject: SECY-04-0139 WEEKLY INFORMATION REPORT - WEEK 

ENDING JULY 23, 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\Week723.WPD

OEDO AO/OEDO

TJKim:paa WMDean

08/2/04 08/2/04
WEEKLY INFORMATION REPORT - WEEK ENDING JULY 23, 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 9 SECY 19

OGC * Region I 20

ADM * Region II 21

CIO 11 Region III *

CFO * Region IV 23

HR 15 OEDO *

SBCR * OCA 24

OE *

*No input this week
July 23, 2004 ENCLOSURE A

Office of Nuclear Reactor Regulation

Items of Interest

Week Ending July 23, 2004

Catawba - Atomic Safety and Licensing Board (ASLB) Hearing on Mixed Oxide (MOX) Fuel

On July 14-15, 2004, the ASLB held a hearing in Rockville, Maryland, regarding the Blue Ridge

Environmental Defense League's (BREDL’s) contention involving the proposed use of four

MOX lead test fuel assemblies at Duke Power's Catawba Station.

Duke Power's panel of witnesses included S. Nesbit, R. Harvey, J. McCoy and B. Dunn. 

BREDL's witness was Dr. E. Lyman, Union of Concerned Scientists. NRC staff witnesses

included Dr. R. Meyer, Office of Research; Dr. R. Landry and U. Shoop, Office of Nuclear

Reactor Regulation. Topics of discussion included loss-of-coolant accident (LOCA)

phenomenology related to what contributes to peak cladding temperature for MOX and low

enriched uranium fuel, formation of cladding ballooning during a LOCA, the potential for fuel

relocation, and other issues. Findings of Fact and Conclusions of Law are due from the three

parties by August 6, 2004, and responses are due by August 31, 2004. 

The hearing on security related matters is scheduled for September 8 and 9, 2004.

Pilgrim Nuclear Power Stations - Petition for Enforcement Action (10 CFR 2.206 Petition)

On July 16, 2004, the Utility Workers Union of America (UWUA), Local 369, withdrew its

petition requesting that the NRC shut down the Pilgrim Nuclear Power Station in the event of a

strike. The UWUA had submitted its petition on July 9, 2004, following a similar request by

Mary Lampert on June 12, 2004. A new contract was signed between the plant owner and

Local 369 on July 15, 2004, averting a strike. No further action will be taken on the UWUA

petition. The NRC staff is preparing a response to Ms. Lampert’s petition in accordance with

Agency policy.

Impact of Recent Stand Down at Los Alamos National Laboratory (LANL)

On July 20, 2004, LANL stopped work due to security and safety concerns. Employees have

been told to do no work until they have been individually cleared by management. The Threat

Reduction Directorate of LANL, which has responsibility for work being done under a contract to

the NRC on Generic Safety Issue (GSI) - 191, “Assessment of Debris Accumulation on

Pressurized Water Reactor Sump Performance, has indicated that work could be authorized to

restart as early as July 27, 2004, after a readiness assessment is completed. The staff is

currently evaluating the implications to the overall schedule for completing the safety evaluation

that is due to the Advisory Committee on Safeguards (ACRS) by August 9, 2004. The staff

believes that the ACRS subcommittee meeting could take place as scheduled on August 17,

2004; however, there remains a question as to whether the final product will be ready for review

by both the ACRS full committee and the Committee to Review Generic Requirements as

originally scheduled, due to the delay in receiving necessary input from LANL.
July 23, 2004 ENCLOSURE A

An Alternate Approach for Resolving Generic Safety Issue (GSI) -191

On July 20, 2004, NRC staff conducted a teleconference with Nuclear Energy Institute (NEI)

representatives to clarify NEI’s alternative approach to resolving GSI-191, which NEI submitted

to the NRC on July 13, 2004. During previous public meetings on this topic (May 25, June 17,

and June 29, 2004), both staff and NEI presented proposals and positions regarding technical

and regulatory elements of alternative approaches. These interactions between the staff and

NEI yielded the alternative resolution approach for GSI-191, which considers both realistic and

risk-informed elements.

The staff plans to review and document its review in a safety evaluation report (SER). The SER

is scheduled to be issued in September 2004. The staff is currently preparing a Commission

information paper describing the alternative approach. 

Mitigating System Performance Index (MSPI) Public Meeting

On July 21, 2004, the staff conducted another of a series of public meetings on the MSPI. The

meeting was attended by participants from NEI, industry, members of the public, and the Union

of Concerned Scientists. The staff stated that it is ready to move forward with MSPI

implementation pending resolution of the issues outlined in SECY 04-0053, “Reactor Oversight

Process Self-Assessment for Calendar Year 2003,” dated April 6, 2004. Group discussion on

these issues resulted in consensus agreement on all but two of the issues. The two issues

which require further re-assessment and discussion are the need for a "short-term backstop,"

(i.e., to what extent should the performance indicator become a “White” finding given numerous

component failures in a short time period such as 3 or 6 months) and the use of a frontstop in

the event of the second failure over 3 years for the same or identical component in a system. 

Staff and industry representatives will continue discussions on these issues.

Additionally, industry and the staff agreed to: (1) the formation of an industry-NRC sub-group to

define the minimal acceptable level of probabilistic risk assessment (PRA) quality that meets

the needs of MSPI, (2) the development of a MSPI basis document, (3) the development of a

dispute resolution process (other than the frequently asked question process), and (4) the

development of a Communication Plan to address how MSPI will be communicated to the

public, internal stakeholders, and industry. The next MSPI public meeting is scheduled for

August 19, 2004.

Meeting with the North American Electric Reliability Council (NERC)

The NRC staff met with NERC on July 14, 2004, at their offices in Princeton, New Jersey, as

part of ongoing NRC efforts to understand industry’s actions to maintain reliable offsite

electrical power to nuclear power stations. NERC discussed the results of the NERC readiness

audits to date. A part of the audit is a set of NRC staff-developed questions related to the

interaction between the grid transmission operators and nuclear power station operators. 

NERC requested a clarification of the questions in order to obtain better results. The staff

discussed the results-to-date of the implementation of TI 2515/156, which is related to the

interaction between nuclear power station licensees and the grid operators. Meeting attendees

also discussed a proposed Memorandum of Agreement/Understanding between NRC and
July 23, 2004 ENCLOSURE A

NERC to continue the interactions between the agencies on matters of mutual interest

pertaining to electric grid reliability, security, and integrity.

Proposed Rule Signed by the Executive Director for Operations

On July 21, 2004, the Executive Director for Operations (EDO) approved a proposed rule that

would amend 10 CFR 50.55a to incorporate by reference the most recent revisions of two

Nuclear Regulatory Commission regulatory guides addressing NRC approval of American

Society of Mechanical Engineers Boiler and Pressure Vessel Code Cases. 
July 23, 2004 ENCLOSURE B

Office of Nuclear Material Safety and Safeguards

Items of Interest

Week Ending July 23, 2004

Annual Meeting of the National Conference of State Legislators

On July 19, 2004, NRC staff participated in a half-day seminar, entitled “Nuclear Waste and

Your State,” at the 2004 annual meeting of the National Conference of State Legislators

(NCSL) in Salt Lake City, Utah. The seminar was sponsored by the NCSL’s High-Level

Radioactive Waste Working Group, in an effort to inform fellow state legislators of potential

transportation issues. NRC presentations included the NRC’s role in approving shipping

packages and the NRC’s process for reviewing a license application for Yucca Mountain. Other

presenters included the Department of Energy; the Western Governors Association; the Council

of State Government’s Mid-Western Task Force on High-Level Radioactive Waste

Transportation; the Nuclear Energy Institute; and the National Congress of American Indians.

Meeting with USEC Inc. on Criticality Computer Code Validation

On July 14, 2004, staff from the Division of Fuel Cycle Safety and Safeguards, and Office of the

General Counsel, met with USEC Inc. (USEC) staff in an open meeting at NRC Headquarters. 

The purpose of the meeting was to discuss USEC’s validation of its computer code (SCALE

4.4a) as it applies to the proposed commercial gas centrifuge uranium enrichment facility

(American Centrifuge Plant, or ACP) activities. USEC anticipates submitting its license

application for the ACP in August 2004. The NRC asked to review USEC’s validation report in

mid-August 2004 at USEC’s Headquarters in Bethesda, Maryland. USEC agreed to facilitate

NRC’s request.

Integrated Safety Analysis Workshop

On July 15-16, 2004, staff from the Division of Fuel Cycle Safety and Safeguards met with

members of industry, the public, and the Nuclear Energy Institute (NEI) at the Integrated Safety

Analysis (ISA) Workshop held at the Doubletree Hotel in Rockville, Maryland. The purpose of

this Workshop was to discuss ISA-related issues for nuclear fuel cycle facilities under 10 CFR

Part 70, Subpart H. NEI and industry representatives commented that: (1) ISA issues were

being resolved during licensing on a case-by-case basis; (2) Interim Staff Guidance documents

should help resolve ISA issues; (3) there is overall satisfaction with interactions with NRC staff

on ISA issues; and (4) industry would like to review draft Interim Staff Guidance documents and

provide comments. NRC staff plans to provide the draft Interim Staff Guidance documents to

industry by early August 2004.

Staff Participation in Developing IAEA Safety Guide

On July 12-16, 2004, staff of the Division of Waste Management and Environmental Protection

(DWMEP) participated in a consultants’ meeting at the International Atomic Energy Agency

(IAEA) Headquarters in Vienna, Austria. The draft safety guide development team consisted of

staff from DWMEP, the French Direction Générale de la Sûreté Nucléaire et de la

Radioprotection, and the Brazilian regulatory agency. The purpose of this consultancy was to

conduct final reviews and revisions for an IAEA Safety Guide that, when finalized, will specify
July 23, 2004 ENCLOSURE B

safety guidance to regulators and implementing organizations for release of buildings and sites

from regulatory control at the termination of practices. The Guide will provide dose criteria to

be used by IAEA Member States as a basis for developing site- or country-specific values for

releasing buildings and sites. It also will provide guidance on the responsibilities of the

concerned parties, on the management of the release of material from control, and on postremediation management if the site or area is not released for unrestricted use. The Safety

Guide is entitled “Release of Sites from Regulatory Control upon the Termination of Practices,”

and is follow-on work from a similar consultancy conducted in October 2002. The current

schedule for publishing the Safety Guide is early to mid 2007.
July 23, 2004 ENCLOSURE C

Office of Nuclear Regulatory Research

Items of Interest

Week Ending July 23, 2004

Office of Nuclear Regulatory Research (RES) and the Office of Nuclear Reactor Regulation

(NRR) Staff Visit Stern Laboratory and AECL Office to Discuss ACR-700

On July 13-14, 2004, RES and NRR staff traveled to Ontario, Canada to visit Stern Laboratory

and the offices of Atomic Energy of Canada, Limited (AECL). The purpose of the visit was to

gain an understanding of existing test facilities and their potential application to accident

phenomena in the Advanced CANDU (Canadian Deuterium Uranium) Reactor 700 (ACR-700)

design. At Stern Laboratory the staff was shown the Cold Water Injection Test (CWIT) facility

and the Large Scale Header (LASH) facility. CWIT and LASH are used to study single channel

phenomena and header refill phenomena. At the AECL offices the staff was given a

presentation regarding the type, scope, and purpose of the various tests run in the CWIT and

LASH facilities.

ANS Fire Risk Standard Writing Session

On July 15, 2004, representatives from RES, NRR, and industry participated in a writing

session for the American Nuclear Society (ANS) Fire Risk Standard. When completed, this

standard will support analyses and reviews relevant to the risk-informed, performance-based

fire protection rulemaking endorsing NFPA 805, "Performance-Based Standard for Fire

Protection For Light Water Reactor Electric Generating Plants." The staff expects to release

the draft standard for public comment in September 2005 and to issue the final standard in

June 2006.

Agreement between the American Institute in Taiwan and the Taipei Economic and Cultural

Representative Office in the United States Relating to Participation in the NRC Program of

Thermal-Hydraulic Code Applications and Maintenance Research

On July 20, 2004, the EDO concurred in the cooperative agreement between the American

Institute in Taiwan (AIT) and the Taipei Economic and Cultural Representative Office (TECRO)

in the United States. It should be noted that the U.S. Government maintains no diplomatic

relations with Taiwan, and AIT was created as an entity to facilitate continuing U.S. cooperative

activities with Taiwan. 

The research will independently verify the accuracy of the NRC’s thermal-hydraulic codes

through the expansion of the international user community and through their subsequent

applications and feedback. This international participation and feedback contributes

significantly to the quality assurance of the TRACE code. This code is used by the NRC to

evaluate transient and accident scenarios, assess generic safety issues, and address

regulatory and licensing issues for operating plants and new designs. The Agreement will

become effective upon signature and will remain in effect for five years.
July 23, 2004 ENCLOSURE D

Nuclear Security and Incident Response

Items of Interest

Week Ending July 23, 2004

Preliminary Notifications

1. PNO-III-04-007, First Energy Nuclear Operating Company - ALERT DECLARED

BECAUSE OF MALFUNCTIONING RADIATION MONITOR.

2. PNO-IV-04-017, Pacific Gas and Electric Company - NOTIFICATION OF FUEL

INVENTORY DISCREPANCY AT HUMBOLDT BAY NUCLEAR POWER PLANT.

3. PNO-IV-04-016, Schlumberger Technology Corporation - POTENTIAL

OVEREXPOSURE TO MEMBERS OF THE FIELD.
July 23, 2004 ENCLOSURE G

Chief Information Officer

Items of Interest

Week Ending July 23, 2004

Office of the Chief Information Officer (OCIO) Begins Windows XP Roll-Out

On July 19, 2004, the official agency-wide rollout of Windows XP started. The first offices to

receive the upgrade were the Office of Investigation, Office of Public Affairs, Office of State and

Tribal Programs, and the Office of International Programs. In the first week of the rollout OCIO

will upgrade approximately 72 systems. The rollout is expected to continue throughout the

remainder of the calendar year.

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

July 16 through July 22, 2004:

Security background check, all records & information concerning

withdrawal of employment offer

FOIA/PA-2004-0301

All information on deceased individual, 1940-1970, and/or H. E.

Dickerman Manufacturing Co.

FOIA/PA-2004-0302

AEC proposed Radiation Protection Standards, 1955 & Federal

Register Notice Vol. 22, No. 19, 1-29-1957

FOIA/PA-2004-0303

Decommissioning Plans for Ford Nuclear Reactor facility, Univ. of MI;

for Alan J. Blotcky Reactor at Veterans Administration, Omaha, NB

FOIA/PA-2004-0304

Civil and administrative violations for which a monetary penalty was

assessed, CY 2003 and 2004

FOIA/PA-2004-0305

Contract NRC-38-00-290/HR72399, Hummer Whole Health

Management, all records

FOIA/PA-2004-0306

Palo Verde Nuclear Generating Station, June 14 shutdown of 3 units

re: the Westwing substation & electricity grid in Phoenix area

FOIA/PA-2004-0307

South Texas Project Comprehensive Cultural Assessment, formal

action plans, all records re: Wackenhut Corp.

FOIA/PA-2004-0308
July 23, 2004 ENCLOSURE I

Office of Human Resources

Items of Interest

Week Ending July 23, 2004

Arrivals

Richard S. Bright IT Specialist ACRS

Beatrice Brittenham Secretary (OA) HR

Tara M. Cloyd Secretary (OA) RES

Harold Eichenholz Program Manager NSIR

Lydia Garcia Student Clerk OI/R-IV

Gregory Gibbs Reactor Engineer R-III

John Jandovitz Reactor Inspector R-III

Jared H. Nadel Reactor Engineer R-IV

Mark Wilk Reactor Engineer R-III

Adam Ziedonis Reactor Engineer (NSPDP) R-I

Departures

Matthew A. Berg Nuclear Safety Intern RES

Carolyn Crawford Secretary (OA) R-III

Nancy J. Curley Secretary (OA) R-IV

Kevin O’Kelly Student Clerk R-III

Angela May Office Automation Assistant NMSS

April Smith Program Manager NSIR

Garrett Smith Sr. Project Manager NMSS

William Trefzger IT Specialist OCIO

Jeannette Whitaker Secretary (OA) OIP
July 23, 2004 ENCLOSURE M

Office of Public Affairs

Items of Interest

Week Ending July 23, 2004

Media Interest

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

Comments by the Commissioners on the future of the Yucca Mountain Project following the

Appeals Court decision.

Security of nuclear power plants, including the status of airspace over Indian Point during the

Republican National Convention.

The filing of criminal charges against a radiation safety officer who fraudulently obtained an

NRC license, which was suspended in 2002.

The loss of emergency tone radio service at Vermont Yankee.

The declaration of an Alert at Perry when a radiation monitor malfunctioned.

Press Releases

Headquarters:

04-088 NRC Announces Opportunity for Hearing on Application to Renew Nine

Mile Point Operating Licenses (7/21)
July 23, 2004 ENCLOSURE O

Office of the Secretary

Items of Interest

Week Ending July 23, 2004

Document Released

to Public

Date Subject

Information Papers

1. SECY-04-0126 7/20/04 SECY-04-0126 - Weekly Information Report

- Week Ending July 9, 2004

Commission Correspondence

1. Letter to Robert Loux, Office of the Governor, Agency for Nuclear Projects, State of

Nevada, dated July 16, 2004, concerns the Yucca Mountain proceeding. 

2. Letter to Representative Lois Capps, dated July 16, 2004, responds to request for NRC to

move the July 2, 2004, public meeting to another date and location concerning Diablo

Canyon.

3. Letter to Congresswoman Sue Kelly, dated July 16, 2004, concerns Indian Point 2 -

issues raised by William Lemanski related to electrical cable and raceway separation. 

4. Letter to Senator James M. Jeffords, dated July 15, 2004, responds to request for

additional clarification of the NRC’s jurisdiction over waste incidental to reprocessing

(WIR). 

5. Letter to Congress, dated July 13, 2004, provides the May 2004 monthly report on the

status of NRC’s licensing regulatory duties. 

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). 
July 23, 2004 ENCLOSURE P

Region I

Items of Interest

Week Ending July 23, 2004

Predecisional Enforcement Conference with Safety Light Corporation

The Division on Nuclear Materials Safety, with support from other regional and Headquarters

offices, held a closed predecisional enforcement conference with Safety Light Corporation

(SLC) management on July 20, 2004. This conference was held to discuss the failure to

deposit monies into the NRC Settlement Agreement Trust Fund as required by the license. 

SLC committed to provide Region I by July 30, 2004, with an analysis of their cash flow and a

plan on how they will make up the payments that are in arrears before the end of the calendar

year. Cognizant representatives from the U.S. Environmental Protection Agency and the

Commonwealth of Pennsylvania Department of Environmental Protection observed the

conference.
July 23, 2004 ENCLOSURE P

Region II

Items of Interest

Week Ending July 23, 2004

Duke Energy Corporation Management Meeting - McGuire

On July 20, 2004, Region II held a management meeting with representatives from Duke

Energy Corporation. The purpose of the meeting was to discuss general plant performance

and other items of interest for the McGuire Nuclear Power Plant.
July 23, 2004 ENCLOSURE P

Region IV

Items of Interest

Week Ending July 23, 2004

End of Cycle Meetings for Grand Gulf Nuclear Station, Columbia Generating Station, and

Waterford 3 Steam Electric Station

On July 22, 2004, members of the Region IV staff met with licensee representatives in separate

meetings to discuss the Reactor Oversight Process and to discuss the 2003 annual

assessment results for the Grand Gulf Nuclear Station, Columbia Generating Station, and

Waterford 3 Steam Electric Station. The meeting for Grand Gulf took place in Ft. Gibson,

Mississippi. The Columbia Generating Station meeting was held in Richland, Washington. The

meeting for Waterford-3 was held in Hahnville, Louisiana. These meetings were attended by

press representatives, state and local officials, and members of the general public in addition to

licensee employees. 
July 23, 2004 

Office of Congressional Affairs

Items of Interest

Week Ending July 23, 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.