INFORMATION REPORT

November 28, 2005 SECY-05-0217

For: The Commissioners

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

Subject: WEEKLY INFORMATION REPORT - WEEK ENDING

NOVEMBER 18, 2005

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

Office of Information Services 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:

L. Rakovan, OEDO
November 28, 2005 SECY-05-0217

For: The Commissioners

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

Subject: WEEKLY INFORMATION REPORT - WEEK ENDING

NOVEMBER 18, 2005

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

Office of Information Services 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:

L. Rakovan, OEDO

DISTRIBUTION:

Central File

Public Document Name: C:\WIR\week1118.WPD

OEDO AO/OEDO

LRakovan:paa WMDean

11/28/05 11/29/05
WEEKLY INFORMATION REPORT - WEEK ENDING NOVEMBER 18, 2005

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

Headquarters and Regional Office activities. 

Contact: L. Rakovan, OEDO by E-mail: ljr2@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 *

RES 8 OIP *

NSIR 9 SECY 19

OGC * Region I 20

ADM 10 Region II *

OIS 11 Region III *

CFO * Region IV *

HR 15 EDO *

SBCR * OCA 24

OE *

*No input this week
November 18, 2005 ENCLOSURE A

Office of Nuclear Reactor Regulation (NRR)

Items of Interest

Week Ending November 18, 2005

Monthly Mitigating Systems Performance Index (MSPI) Public Meeting

On November 16, 2005, the staff hosted the monthly MSPI public meeting in Headquarters. 

Meeting attendees discussed the status of the staff review of the MSPI outlier and basis

document reviews, remaining milestones needing completion, and status of MSPI

implementation.

Monthly Reactor Oversight Process (ROP) Public Meeting

On November 17, 2005, the staff hosted the monthly ROP public meeting in Headquarters. 

Meeting attendees discussed ROP cross cutting issues, the independent fuel storage facility

inspection program update, performance indicator (PI) general improvements, and new

frequently asked questions (FAQs) on the PIs. During the discussion on the PI FAQs, the staff

conveyed the result from a November 1, 2005, public meeting on a FAQ appeal regarding a

Millstone safety system unavailability PI FAQ associated with high pressure safety injection

system. The November 1, 2005, public meeting was a FAQ appeal meeting conducted in

accordance with the guidance contained in Appendix E to NEI 99-02, Revision 3, "Regulatory

Assessment Performance Indicator Guideline." 

Meeting with Nuclear Energy Insitute (NEI) to Discuss License Renewal Topics

On November 8, 2005, the staff met with the NEI License Renewal Working Group and industry

representatives to discuss generic license renewal topics and license renewal process

improvements. The participants discussed the status of the pressurized thermal shock

rulemaking, the NRR reorganization, and future resource challenges as NRR grows to support

license renewal and new reactor licensing. 

The staff shared its license renewal application audit and review schedule and emphasized the

need for the industry to continue supporting onsite audits. NEI representatives discussed the

status of the Nine Mile Point and Beaver Valley license renewal applications. First Energy

Nuclear Operating Company indicated that it will submit the new license renewal application for

Beaver Valley Power Station in February 2007. An NEI representative also discussed "trends

and concerns" that were identified by the industry, characterized as areas for further

enhancements by staff. The participants agreed to hold separate working meetings to address

these areas.

Requests for Hearings for Oyster Creek License Renewal Application

On November 14, 2005, the Office of the Secretary of the Commission (SECY) received a fax

from the New Jersey Department of Environmental Protection requesting a hearing regarding

the Oyster Creek license renewal application. The State has three contentions in its filing:

(1) Severe Accident Management Alternatives - Aircraft Attack scenario, Spent Fuel Pool

scenario, and Interim Compensatory Measures; (2) Metal Fatigue - Non-conservative use of
November 18, 2005 ENCLOSURE A

Code, Cumulative Usage Factor (CUF); and (3) Combustion Turbines - Ownership by another

utility may impact availability of the turbines.

On November 14, 2005, SECY also received via Federal Express a request for a hearing from

Michelle Donato. Ms. Donato is filing on behalf of several New Jersey based Organizations. 

Her one contention concerns drywell liner corrosion, for which ultra-sonic testing (UT) was not

performed and for which visual inspections were inadequate.

Combined License (COL) applications for Grand Gulf and River Bend sites

On November 15, 2005, the NRC staff met with Entergy Nuclear to discuss planning related to

combined license (COL) applications for its Grand Gulf and River Bend sites. The Grand Gulf

application is scheduled to be submitted the 4th quarter 2007 or 1st quarter 2008, and the River

Bend application is scheduled approximately 6 weeks after the Grand Gulf submittal. The

Grand Gulf application will be a joint venture with NuStart and both submittals will be

referencing the General Electric (GE) Economic Simplified Boiling Water Reactor (ESBWR). 

Entergy stated that it is working with Dominion Nuclear to submit a standardized COL

application. Entergy is working with GE on the certification of the ESBWR design.

Regional Public Meetings Present Purpose of Proposed Fitness-For-Duty Rule 

On November 7 and 9, 2005, the staff held Category 3 public meetings in Morris, IL and

Charlotte, NC, respectively. The meetings were part of a public outreach initiative designed to

facilitate public comment on the proposed rulemaking by providing individual workers, members

of the public, and other stakeholders opportunities to ask clarifying questions regarding the

proposed 10 CFR Part 26 (Fitness-for-Duty Programs) rule. Approximately 80 people attended

the meetings. In general, most questions concerned the fatigue management provisions of the

proposed rule. A preliminary assessment of the feedback forms received from these meetings

indicated that staff’s outreach effort was successful in helping stakeholders better understand

the overall intent of the regulations. The staff encouraged all stakeholders to submit their

comments in writing to ensure that they are formally considered in the rulemaking process.

First Observation Visit to National Fire Protection Association (NFPA) 805 Pilots

During the week of November 7, 2005, the staff led an NRR/regional team to perform its first

NFPA 805 pilot observation visit of transition activities at Oconee and Shearon Harris. The

meeting was held at Duke Energy Corporate offices in Charlotte, NC. Personnel in attendance

included those from Duke Power, Progress Energy, Entergy, South Carolina Electric and Gas,

NRC consultants from Pacific Northwest National Laboratory, and various contractors. The

topics included Appendix R reconstitution, a risk-informed process for screening multiple

spurious circuits, aggregation of cumulative impact of deficiencies during transition, fire

probabilistic risk assessment (PRA) peer review, fire protection for nuclear safety circuits, and

examples using the "Change Control Process." During the presentations, the staff and the

licensee documented several action items that require future resolution. The next observation

visit is scheduled for the week of March 13, 2006, at Progress Energy's corporate offices in

Raleigh, NC. 
November 18, 2005 ENCLOSURE B

Office of Nuclear Material Safety and Safeguards (NMSS)

Items of Interest

Week Ending November 18, 2005

Meeting on Safety of Spent Fuel Management and Radioactive Waste Management

From November 5-10, 2005, staff participated in an Extra-Ordinary and Organizational Meeting

for the Joint Convention of International Atomic Energy Agency (IAEA) Member States at IAEA

Headquarters in Vienna, Austria. The meeting established five country groups that will review

Contracting Parties’ National Reports on the safety of spent fuel and radioactive programs. The

U.S. will be in Country Group 1, with Spain, Belgium, the Netherlands, Romania, Belarus, and

Croatia. The Director, Division of High-Level Waste Repository Safety, NMSS, was elected

Vice Chair of this group.

Meeting with Russian Federation on Mixed-Oxide Fuel Program

On November 8-11, 2005, a manager from the Division of Fuel Cycle Safety and Safeguards

participated in a U.S./Russian Federation bilateral meeting at the Headquarters of the Russian

Nuclear, Industrial and Environmental Regulatory Authority (Rostekhnadzor) in Moscow. These

meetings are held every 3 months to discuss the status of the surplus weapons-grade

plutonium disposition program. During the meeting, representatives of Rostekhnadzor briefed

the U.S. representatives (from the U.S. Department of Energy/National Nuclear Security

Agency (DOE/NNSA) and NRC) on the development of the regulatory infrastructure for the

project that is being funded by the U.S. government. They also provided a status report on the

construction of the Russian mixed-oxide fuel fabrication facility (MFFF). The NRC

representative provided an update on the status of licensing activities associated with the U.S.

facility. The major items of interest for NRC resulting from this meeting are:

- DOE/NNSA would like NRC to continue to review and comment on regulatory documents

developed by Rostekhnadzor. Approximately six to eight documents are expected in the

next few months.

- The next bilateral meeting has been scheduled for January 31 - February 3, 2006.

- NRC will conduct a workshop in Moscow on February 6-9, 2006, on the mechanical

systems in the U.S. MFFF. This is the last in a series of workshops sponsored by

DOE/NNSA to communicate to Rostekhnadzor information on MFFF licensing

requirements and NRC’s regulatory basis for authorizing construction.

Meeting with Nuclear Energy Institute (NEI)

On November 10, 2005, staff from NMSS and the Office of Nuclear Reactor Regulation (NRR)

held a public meeting with representatives of NEI and industry to discuss technical and

licensing issues associated with spent fuel storage and transportation licensing. The

infrastructure for future interactions of NMSS staff with the industry 10 CFR Part 71/72 issues

was also discussed. NRR led the discussion on “NRC Regulatory Issue Summary (RIS)

2005-05, Regulatory Issues Regarding Criticality Analyses for Spent Fuel Pools and

Independent Spent Fuel Storage Installations” (RIS 2005-05). NRR and NEI discussed RIS
November 18, 2005 ENCLOSURE B

2005-05 and 10 CFR 50.68 criticality safety requirements for casks loading in spent fuel pools. 

Staff agreed to evaluate the issues expressed by the NEI members.

Public Scoping Meeting to Develop a Standard Review Plan (SRP) for Incidental Waste

Determinations

On November 10, 2005, NMSS hosted a public scoping meeting in Gaithersburg, MD, to gather

input for an SRP to guide staff reviews of DOE's incidental waste determinations. The purpose

of the meeting was to ensure that stakeholders and the public were aware of the SRP effort and

had an opportunity to provide input early in the development process. At the meeting, NRC

staff provided an overview of the draft SRP outline and solicited feedback from meeting

participants. Attendees included representatives from several Federal and State agencies; the

South Carolina Citizens Advisory Board; Weapons Complex Monitor; National Resources

Defense Council; National Academy of Sciences; Congressman Doc Hastings' Office; and the

Sierra Club.

Electric Power Research Institute’s (EPRI's) Decommissioning and Operating Plan Workshop

On November 15-16, 2005, Division of Waste Management and Environmental Protection staff

participated in EPRI's Decommissioning and Operating Plan Workshop in Providence, RI. The

workshop was attended by licensees from operating and decommissioning sites and focused

on groundwater contamination assessment and license termination activities.
November 18, 2005 ENCLOSURE C

Office of Nuclear Regulatory Research (RES)

Items of Interest

Week Ending November 18, 2005

Organization for Economic Cooperation and Development’s (OECD) Nuclear Energy Agency

(NEA) Committee for the Safety of Nuclear Installations Workshop

From November 7-9, 2005, staff attended the subject workshop in France, which focused on

the identification of various sources of uncertainties regarding severe accidents and Level 2

probabilistic safety analysis, and the means to evaluate these uncertainties. Staff presented

information on ex-vessel core debris coolability from the OECD’s Melt Coolability and Concrete

Interaction (MCCI) Program. This information will be used to assess the NRC’s severe accident

codes.
November 18, 2005 ENCLOSURE D

Office of Nuclear Security and Incident Response (NSIR)

Items of Interest

Week Ending November 18, 2005

Preliminary Notifications

PNO-IV-05-014, ProTechnics Division of Core Laboratories - FOLLOWUP ON LOST OR

MISSING RADIOACTIVE MATERIAL. 
November 18, 2005 ENCLOSURE F

Office of Administration (ADM)

Items of Interest 

Week Ending November 18, 2005

Statement of Organization and General Information (AH79-Part 1)

On November 16, 2005, the NRC published a final rule in the Federal Register (70 FR 69421)

that amended its regulations containing its statement of organization and general information. 

The amendments reflect a number of recent organizational changes and transfers of

responsibilities. The final rule became effective November 16, 2005. 

Union of Concerned Scientists and San Luis Obispo Mothers for Peace; Partial Grant of Petition

for Rulemaking (PRM-50-80)

On November 17, 2005, the NRC published a document in the Federal Register (70 FR 69690)

announcing the Commission’s intent to partially grant a petition for rulemaking submitted by the

Union of Concerned Scientists and the San Luis Obispo Mothers for Peace (PRM-50-80). The

petitioners requested that the NRC amend its regulations to require nuclear power plant owners

to formally evaluate whether proposed changes, tests, and experiments cause protection

against radiological sabotage to be decreased and, if so, that the changes, tests, and

experiments only be conducted with prior NRC approval. The NRC is contemplating a

rulemaking action that would address this request and, if issued as a final rule, essentially grant

this portion of the petition. The petitioners also requested that licensees be required to formally

evaluate specified aerial hazards and make changes to provide reasonable assurance that the

ability of the facility to reach and maintain safe shutdown will not be compromised. The NRC

intends to address this issue as part of its proposed design basis threat rule.
November 18, 2005 ENCLOSURE G

Office of Information Services (OIS)

Items of Interest

Week Ending November 18, 2005

Freedom of Information Act (FOIA) and Privacy Act Requests Received During the Period of

November 11 through November 17, 2005:

Correspondence between Rep. Robert Ney (OH-18) & NRC from

January 1, 1995 & October 31, 2005, all records

FOIA/PA-2006-0034

Employment records, compensation claims, medical records &

transcripts for named individual

FOIA/PA-2006-0035
November 18, 2005 ENCLOSURE I

Office of Human Resources (HR)

Items of Interest

Week Ending November 18, 2005

Arrival

HICKEY, JOHN W. CONSULTANT NMSS

SINGAL, BALWANT K. PROJECT MANAGER NRR
November 18, 2005 ENCLOSURE O

Office of the Secretary (SECY)

Items of Interest

Week Ending November 18, 2005

Document Released

to Public

Date Subject

Decision Documents

1. SECY-05-0200 10/28/05 Efforts by Western Nuclear, Inc., to Acquire

Off-Site Properties in Conjunction with

Decommissioning its Uranium Recovery Site

and the Need for Institutional Controls

2. SECY-05-0048 03/28/05 Petition for Rulemaking on Protection of

U.S. Nuclear Power Plants Against

Radiological Sabotage (PRM-50-80)

SRM on 05-0048 06/28/05 (same)

Commission Voting

Record on 05-0048

06/28/05 (same)

Amendment to SRM on

SECY-05-0048

10/27/05 (same)

Information Papers

1. SECY-05-0204 11/04/05 Weekly Information Report - Week Ending

October 28, 2005

2. SECY-05-0199 10/28/05 Update of the Risk-Informed Regulation

Implementation Plan

3. SECY-05-0202 10/29/05 Staff Review of the National Academies

Study of the Health Risks From Exposure to

Low Levels of Ionizing Radiation (BEIR VII)

4. SECY-05-0209 11/10/05 Weekly Information Report - Week Ending

November 4, 2005

Memoranda

M051101 11/14/05 Briefing on Implementation of the DavisBesse Lessons Learned Task Force

Recommendations

Commission Correspondence

1. Letter to Dr. E. William Colglazier, NAS, dated November 8, 2005, regarding the NAS

project on radioactive source use and replacement.
November 18, 2005 ENCLOSURE O

2. Letter to Congress, dated November 7, 2005, concerns the proposed Agreement between

the State of Minnesota and the NRC.

3. Letter to Tim Pawlenty, Governor of Minnesota, dated November 4, 2005, concerns the

proposed Agreement between the State of Minnesota and the NRC.

4. Letter to Congressman Tom Davis, dated November 4, 2005, responds to request for all

information and documents that NRC provided to the Senate Committee on Homeland

Security and Governmental Affairs regarding Hurricane Katrina.

Federal Register Notices Issued

1. State of Minnesota: NRC Draft Staff Assessment of a Proposed Agreement Between the

NRC and the State of Minnesota. 

2. Advisory Committee on Reactor Safeguards (ACRS), Subcommittee Meeting on Planning

and Procedures, notice of meeting (12/7/05).

3. ACRS, notice of 528th meeting (12/7-10/05). 
November 18, 2005 ENCLOSURE P

Region I (RI)

Items of Interest

Week Ending November 18, 2005

Safety Light Corporation License

On November 10, 2005, Region I renewed Safety Light Corporation License Nos. 37-00030-02

and 37-00030-08 in accordance with the terms of the Settlement Agreement, as approved by

the Atomic Safety and Licensing Board in LBP-05-14 on June 29, 2005. LBP-05-14 became a

final agency decision on August 8, 2005. The licenses authorize the characterization and

decommissioning of contaminated facilities equipment and land located in Bloomsburg,

Pennsylvania, and the manufacture and distribution of self-luminous devices to persons

specifically licensed to receive the devices, respectively. The licenses will expire on December

31, 2007. Region I also issued the enforcement actions associated with this case and in

accordance with the settlement agreement on November 18, 2005.

Oyster Creek Security Contract Agreement Reached

On November 17, 2005, the International Union of United Government Security Officers of

America announced it had signed a new four-year labor agreement with Wackenhut

management to provide security services for the Oyster Creek Nuclear Power Plant. The

agreement was ratified by the union rank-and-file membership on November 16, 2005. The

previous labor contract was set to expire on November 19, 2005, at midnight.
November 18, 2005 

Office of Congressional Affairs (OCA)

Items of Interest

Week Ending November 18, 2005

CONGRESSIONAL HEARING SCHEDULE, NO. 40

 OCAContact

 DATE & PLACE

TIME WITNESS SUBJECT 

Keeling TBA

Postponed

TBA NNSA, DOS International Efforts to Promote

Nuclear Security

Reps. LinPreventioAttackHomeland 

Note: The House of Representatives is in recess until December 6. The Senate is in recess until December 12.