INFORMATION REPORT

March 1, 2007 SECY-07-0033

For: The Commissioners

From: Michael R. Johnson, Assistant for Operations, Office of the EDO

Subject: WEEKLY INFORMATION REPORT - WEEK ENDING

FEBRUARY 9, 2007

Contents Enclosure

Nuclear Reactor Regulation A

New Reactors B

Nuclear Material Safety and Safeguards C

Federal and State Materials and Environmental Management Programs D

Nuclear Regulatory Research E

Nuclear Security and Incident Response F

Administration G

Information Services H

Chief Financial Officer I*

Human Resources J

Small Business and Civil Rights K*

Enforcement L

Public Affairs M

International Programs N*

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/

Michael R. Johnson 

Assistant for Operations, OEDO

Contact:

R. Taylor, OEDO
March 1, 2007 SECY-07-0033

For: The Commissioners

From: Michael R. Johnson, Assistant for Operations, Office of the EDO

Subject: WEEKLY INFORMATION REPORT - WEEK ENDING

FEBRUARY 9, 2007

Contents Enclosure

Nuclear Reactor Regulation A

New Reactors B

Nuclear Material Safety and Safeguards C

Federal and State Materials and Environmental Management Programs D

Nuclear Regulatory Research E

Nuclear Security and Incident Response F

Administration G

Information Services H

Chief Financial Officer I*

Human Resources J

Small Business and Civil Rights K*

Enforcement L

Public Affairs M

International Programs N*

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/

Michael R. Johnson

Assistant for Operations, OEDO

Contact:

R. Taylor, OEDO

DISTRIBUTION:

EDO R/F

AO R/F Document Name: C:\WIR\week209.WPD

OEDO AO/OEDO

RTaylor:paa MRJohnson

03/01/07 03/01/07
WEEKLY INFORMATION REPORT - WEEK ENDING FEBRUARY 9, 2007

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

Headquarters and Regional Office activities. 

Contact: R. Taylor, OEDO by E-mail: rxt2@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 1 OE 17

NRO 2 OPA 18

NMSS 4 OIP *

FSME 6 SECY 19

RES 7 Region I *

NSIR 10 Region II 21

ADM 11 Region III *

OIS 12 Region IV *

CFO * EDO *

HR 16 OCA 24

SBCR *

*No input this week
February 9, 2007 ENCLOSURE A

Office of Nuclear Reactor Regulation (NRR)

Items of Interest

Week Ending February 9, 2007

American Society of Mechanical Engineers (ASME) Code Meeting on the Development of a

Code Case on Dissimilar Butt Welds

During the week of January 29, 2007, the staff participated at the ASME Boiler and Pressure

Vessel Code, Section XI, meetings in Atlanta, GA. The most significant activity involved the

continuing development of a code case for the inspection requirements of dissimilar metal

welds. The code case will provide appropriate examination frequency requirements for nickelbased dissimilar metal butt welds in reactor coolant pressure boundary piping of pressurized

water reactors (PWRs). This action is intended to result in the incorporation of inspection

requirements into the ASME Code that are similar to those contained in MRP-139, "Materials

Reliability Program: Primary System Piping Butt Weld Inspection and Evaluation Guideline.” 

This code case is nearing the stage when it will be ready to issue for a review and comment

ballot to the responsible ASME committees. 

Meeting with Industry on Digital Instrumentation and Controls Issues

On January 30, 2007, the staff conducted a Category 2 public meeting at the Ramada Inn in

Rockville, MD between the NRC Digital Instrumentation and Controls (I&C) Steering Committee

and the Nuclear Energy Institute (NEI) Digital I&C and Human Factors Working Group. The

purpose of this meeting was to exchange information with industry on the project plan to resolve

key issues regarding deployment of digital I&C to both currently operating and new nuclear

facilities. The staff presented the proposed NRC digital I&C project plan structure and process

and discussed digital I&C at fuel cycle facilities. The NRC and the industry agreed to resolve

the key challenges in digital I&C.

Staff Holds Public Meetings to Solicit Comments on the Draft Supplemental Environmental

Impact Statement for the License Renewal of Vermont Yankee Nuclear Power Station

On January 31, 2007, the staff conducted two meetings in Brattleboro, VT, to solicit comments

from the public on the Draft Supplemental Environmental Impact Statement (DSEIS), regarding

the Vermont Yankee License Renewal Review. The Draft Supplement 30, published on

December 13, 2006, is a plant specific supplement to the "Generic Environmental Impact

Statement for License Renewal of Nuclear Plants" (NUREG-1437). Approximately 165 people

attended the meetings, including members of the public and representatives of the NRC staff,

Argonne National Laboratory, Entergy, State of Vermont, local citizen organizations, and local

news media. Public comments and questions were mainly focused on spent fuel storage and

disposal, emergency planning, the Biological Effects of Ionizing Radiation (BEIR) VII report, the

NRC regulatory review process, and alternatives to license renewal.

The public comment period ends on March 7, 2007. At the conclusion of the comment period,

the staff will evaluate the comments received and revise the DSEIS if necessary. The final

supplemental environmental impact statement is scheduled to be published in August 2007.
February 9, 2007 ENCLOSURE A

Issuance of NRC Generic Letter 2007-01

On February 7, 2007, the NRC issued Generic Letter (GL) 2007-01, "Inaccessible or

Underground Power Cable Failures that Disable Accident Mitigation Systems or Cause Plant

Transients," to nuclear power reactor licensees. The purpose of the GL is to: (1) inform

licensees that the failure of certain power cables can affect the functionality of multiple accident

mitigation systems or cause plant transients, (2) inform licensees that in the absence of

adequate monitoring of cable insulation, equipment could fail abruptly during service, causing

plant transients or disabling accident mitigation systems, and (3) ask licensees to provide

information on the monitoring of inaccessible or underground electrical cables, who requested

to have it included.

Issuance of Regulatory Issue Summary (RIS) 2007-02, "Clarification of NRC Guidance for

Emergency Notifications During Quickly Changing Events”

On February 2, 2007, the subject RIS was issued (ADAMS Accession No. ML062370311). The

RIS clarifies that it is not permissible to restart the 15-minute notification "clock" if degrading

plant conditions cause an escalation in the declared emergency while the notification for the

previous declaration was in progress.

Meeting with Industry on Generic Safety Issue 191

On February 7-8, 2007, the staff met with representatives of NEI, the PWR Owners Group,

PWR licensees, and sump strainer vendors to discuss aspects of Generic Safety Issue 191,

"Assessment of Debris Accumulation on PWR Sump Performance." Topics discussed included

facilitating operational changes for water management, downstream effects, long-term

cooling/fuel effects, plans for testing chemical effects, the draft buffer changeout process,

chemical leaching from coatings, and chemical effects testing protocols. The parties agreed to

a follow-up meeting in April 2007 to continue to address remaining technical issues, discuss

progress in development and review of several pertinent topical reports, and discuss format of

Generic Letter 2004-02 responses that the NRC expects licensees to submit by the end of

2007.
Month #, 2007 ENCLOSURE B

Office of New Reactors (NRO)

Items of Interest

Week Ending February 9, 2007

Meeting with Mitsubishi to Discuss US-APWR Design Certification Pre-Application Topical

Reports

On February 1, 2007, the staff held a public meeting with Mitsubishi Heavy Industries (MHI) to

discuss the pre-application submittal of topical reports for the non-LOCA and large-break LOCA

methodologies. These topical reports will support their design certification application

scheduled for December 2007. MHI plans to submit these two topical reports in July 2007. 

General Electric (GE) Proposed Review Process Adjustment for the Economic Simplified

Boiling Water Reactor (ESBWR) Design Certification

On February 2, 2007, GE submitted a letter to the staff which proposed a process change

related to the ESBWR design certification review currently underway. The letter was the result

of discussions in which the staff and GE agreed to focus on the identification and closure of

many of the open issues prior to the issuance of a safety evaluation report, rather than working

towards the goal of issuing an SER with open items in October 2007. This decision was

influenced by the upcoming submittal, planned for February 22, 2007, of Revision 3 to the

design control document, which includes several changes that could result in additional open

items. 
February 9, 2007 ENCLOSURE C

Office of Nuclear Material Safety and Safeguards (NMSS)

Items of Interest

Week Ending February 9, 2007

Westinghouse Electric Company Margin of Subcriticality Site Visit

From January 29-February 2, 2007, the staff visited the Westinghouse Columbia Fuel

Fabrication Facility (CFFF) in Columbia, South Carolina, to resolve a remaining technical issue

associated with renewal of CFFF’s special nuclear material license, SNM-1107. The issue is

that of minimum margin of subcriticality safety. After extensive reviews and discussion, NRC

staff agreed on an acceptable minimum margin of subcriticality under specified conditions that

preserved an adequate level of conservatism in criticality safety analyses. 

High-level Waste Briefing for Staff of Representative Berkley of Nevada

On February 5, 2007, the staff provided a briefing on the NRC high-level waste program for

three members of the staff of Representative Shelley Berkley of Nevada, in her Capitol Hill

office. Topics covered included: (1) NRC’s pre-licensing interactions with the U.S. Department

of Energy’s (DOE) Office of Civilian Radioactive Waste Management; (2) NRC’s licensing

process; (3) infrastructure development, such as operating and maintaining a computer-based

electronic hearing system to support licensing decisions and hearing processes; and

(4) preparations to review and evaluate a DOE license application to construct a repository at

Yucca Mountain, Nevada.

Meeting with Washington TRU Solutions on TRUPACT-II Exemption Request

On February 7, 2007, the staff met with Washington TRU Solutions (WTS) to discuss WTS’

plan regarding its response to the staff’s second round of Requests for Additional Information

(RAI) on an exemption request. The exemption request is for transporting 55-gallon drums

containing transuranic wastes which generate high levels of flammable gases. WTS indicated

that it is planning to perform addition deflagration tests on a full scale ARROW-PAK container,

which is a container placed within transportation packaging, as a result of the staff’s second

round RAIs. WTS intends to submit the responses to the RAIs sometime in October 2007.
February 9, 2007 ENCLOSURE D

Office of Federal and State Materials and Environmental Management Programs (FSME)

Items of Interest

Week Ending February 9, 2007

Pa'ina Irradiator Public Meeting

On February 1, 2007, staff participated in a public meeting to present findings of a draft

environmental assessment for Pa'ina's proposed underwater irradiator to be located at the

Honolulu International Airport. Approximately 80 people attended the meeting with over 40

people providing oral comments. 

Management Review Board (MRB) Meeting for the New York Integrated Materials Performance

Evaluation Program (IMPEP) Review

On February 8, the MRB met to consider the proposed final IMPEP report for the State of New

York. The New York IMPEP review was conducted November 1-9, 2006. The MRB agreed

with the review team’s recommendations that the State be found adequate to protect public

health and safety. However, the State was found to be not compatible with NRC regulations. 

Two of the three New York agencies that implement the Agreement State program have a

number of overdue NRC regulations not adopted that are required for compatibility with the

NRC and other Agreement States. The State will continue to be on heightened oversight which

will require the submission of a Program Improvement Plan and bi-monthly conference calls

with NRC staff to monitor progress. Despite the difficulty in adopting regulations in a timely

manner, all three State programs were found satisfactory (highest rating) for the seven other

performance indicators evaluated by the review team.
February 9, 2007 ENCLOSURE E

Office of Nuclear Regulatory Research (RES)

Items of Interest

Week Ending February 9, 2007

Public Meeting on Digital System Diversity and Defense-in-Depth (D3) Issues

On February 2, 2007, staff from the offices of RES, Nuclear Reactor Regulation, and New

Reactors met with representatives of the nuclear power industry and the public to discuss

technical issues associated with the current staff position on D3 of digital I&C systems. The

agenda included a review of current NRC research projects in this area, potential near-term

changes to Branch Technical Position BTP-19, “Guidance for Evaluation of Defense-in-Depth

and Diversity in Digital Computer-Based Instrumentation and Control Systems,” and longerterm changes to the NRC’s deterministic D3 evaluations. The meeting resulted in a draft

problem statement in the D3 area that will be used in developing the NRC’s Digital I&C Project

Plan. 
February 9, 2007 ENCLOSURE F

Office of Nuclear Security and Incident Response (NSIR)

Items of Interest

Week Ending February 9, 2007

Preliminary Notifications

1. PNO-I-07-001A - Entergy Nuclear Operations, Inc., UPDATE - NOTIFICATION OF

UNUSUAL EVENT (NOUE) DECLARED DUE TO LOW WATER LEVEL IN INDIAN

POINT UNIT 3 SERVICE WATER INTAKE BAY

2. PNO-I-07-001 - Entergy Nuclear Operations, Inc., NOTIFICATION OF UNUSUAL EVENT

(NOUE) DECLARED DUE TO LOW WATER LEVEL IN INDIAN POINT UNIT 3 SERVICE

WATER INTAKE BAY
February 9, 2007 ENCLOSURE G

Office of Administration (ADM)

Items of Interest 

Week Ending February 9, 2007

Relief From Fingerprinting and Criminal History Record Checks (AI04 - Part 73)

On February 2, 2007, the NRC published a final rule in the Federal Register (72 FR 4945) that

relieves certain categories of individuals from the requirement to undergo fingerprinting,

identification, and criminal history record checks before they are permitted access to radioactive

material or other property subject to Commission regulation. The final rule became effective

February 2, 2007.

Revision of Fee Schedules; Fee Recovery for FY 2007 (AI00 - Parts 170 and 171)

On February 2, 2007, the NRC published a proposed rule in the Federal Register (72 FR 5108)

that would amend the licensing, inspection, and annual fees charged to the Commission’s

applicants and licensees. The proposed rule is intended to ensure NRC compliance with the

Omnibus Budget and Reconciliation Act of 1990, as amended. The Act mandates that the NRC

recover approximately 90 percent of its budget authority in Fiscal Year 2007, less amounts

appropriated from the Nuclear Waste Fund, for Waste Incidental to Reprocessing, and generic

homeland security activities. The amount to be recovered for FY 2007 is approximately $664.9

million pending enaction of a final appropriation. The comment period on this action closes

March 5, 2007.

Regulatory Improvements to the Nuclear Materials Management and Safeguards System

(AH95 - Parts 40, 72, 74, and 150)

On February 6, 2007, the NRC published a proposed rule in the Federal Register (72 FR 5348)

that would amend regulations concerning required licensee reports to the Nuclear Materials

Management and Safeguards System. The proposed rule would lower the reporting threshold

for special nuclear material and certain source materials, require the submission of materials

status reports, modify the type and timing for submission of transaction reports, and require

licensees to reconcile materials inventory discrepancies. The comment period on this action

closes April 23, 2007.

List of Approved Spent Fuel Storage Casks: NUHOMS HD® Addition, Correction (AH93 -

Part 72)

On February 7, 2007, the NRC published a document in the Federal Register (72 FR 5595) that

corrects the effective date of the final rule that added the entry for the NUHOMS HD® cask

system in the list of approved spent fuel storage casks. As corrected, the final rule became

effective January 10, 2007.
February 9, 2007 ENCLOSURE H

Office of Information Services (OIS)

Items of Interest

Week Ending February 9, 2007

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

of February 2 through February 8, 2007:

Investigation RI-2006-A-0004, all records FOIA/PA-2007-0107

Inspector General report on alleged improper classification of Office

of Investigation investigators in GG-1811 series dated October 25,

1999

FOIA/PA-2007-0108

Documents sought under FOIA/PA-1999-0168, all internal NRC

memo’s etc., about the handling of this closed FOIA request

FOIA/PA-2007-0109

NRC Mailing List in Ascii format including specific fields FOIA/PA-2007-0110

Millstone Nuclear Power Station, Units 1, 2 & 3, all records re:

construction, repairs, inspections, asbestos installation or removal

and asbestos abatement

FOIA/PA-2007-0111

Radioactive material licenses for specific companies in specific cities

in Illinois

FOIA/PA-2007-0112

Big Rock Restoration Project, Michigan, records regarding monitoring

levels of radiation from Independent Spent Fuel Storage Installation

and residual contamination

FOIA/PA-2007-0113

Millstone Nuclear Power Station Unit 3 incident involving a radioactive

leak on or about January 28, 2007, all records

FOIA/PA-2007-0114

Contracts 02-06-001, 02-06-009, 03-03-037, 33-05-0397 and 33-03-

341

FOIA/PA-2007-0115

Project Dribble, 1964-1966, Tatum Salt Dome, MS FOIA/PA-2007-0116
February 9, 2007 ENCLOSURE J

Office of Human Resources (HR)

Items of Interest

Week Ending February 9, 2007

Arrivals

DONOHUE, JOHN PROJECT MANAGER NRO

RIVERA-CAPELLA, GRETCHEN STUDENT ENGINEER (CO-OP) RES

Departure

LOPATTO, JEANNE SPEC ASST FOR FED AND INTL PROG OCM
February 9, 2007 ENCLOSURE L

Office of Enforcement (OE)

Items of Interest

Week Ending February 9, 2007

DPO-2006-004: Davis Besse’s Reply to the NRC’s April 21, 2005, Notice Of Violation

[Late entry for Week Ending January 5, 2007.] On December 18, 2006, the Director, OE,

issued a decision on a Differing Professional Opinion (DPO) regarding FirstEnergy Nuclear

Operating Company’s (FENOC or licensee) September 14, 2005, response to the Notice of

Violation and Proposed Imposition of Civil Penalties that was issued to the Davis Besse Nuclear

Plant on April 21, 2005 (DPO-2006-004). On May 22, 2006, an NRC employee submitted a

DPO that focused on the licensee’s response to one of five escalated violations cited in the

Agency’s April 21, 2005, Notice of Violation (NOV) and the manner in which the staff addressed

concerns regarding the completeness and accuracy of this response and associated violations. 

On October 18, 2006, an Ad Hoc Review Panel provided the results of its independent review to

the Director, OE. The Panel concluded that the licensee’s reply to the Notice of Violation did

not constitute an additional violation of 10 CFR 50.9 and that the Agency’s final determination

concerning this issue was appropriate. Based on a review of the Panel’s report, the Director of

the Office of Enforcement agreed with the Panel’s conclusions and recommendations. 
February 9, 2007 ENCLOSURE M

Office of Public Affairs (OPA)

Items of Interest

Week Ending February 9, 2007

OPA received significant media inquiries on the following:

NRC’s budget request for Fiscal Year 2008.

The unusual event at Indian Point.

NRC’s high standing in a poll of best places to work in the Federal government.

Other Public Affairs Items:

OPA assisted Chairman Klein with his presentation to the Platts Nuclear Energy Conference.

Region II OPA assisted at the Atomic Safety Licensing Board’s limited appearance sessions

regarding the North Anna Early Site Permit application.

Press Releases

Headquarters:

07-020 NRC Releases FY2008 Budget Request to Congress (2/5)

07-021 Atomic Safety and Licensing Board to Hold Pre-Hearing Conference on Vogtle

Early Site Permit Application (2/6)

07-022 NRC Staff Issues Generic Letter on Inaccessible or Underground Electric

Cables (2/7)

07-023 NRC Chairman Addresses Growth Issue at Platts Nuclear Energy Conference

(2/8)

Regions:

I-07-006 NRC Following Up on Unusual Event at Indian Point 3 Nuclear Power Plant (2/5)
February 9, 2007 ENCLOSURE O

Office of the Secretary (SECY)

Items of Interest

Week Ending February 9, 2007

Document Released

to Public

Date Subject

Information Papers

1. SECY-07-0013 01/22/07 2006 Annual Report on Commission Adjudication

2. SECY-07-0017 01/23/07 Change in Membership on the Bureau of the

Nuclear Energy Agency Radioactive Waste

Management Committee

3. SECY-07-0019 01/26/07 Submission of the Annual Freedom of Information

Act Report

Commission Correspondence

1. Letter to Maurice Magugumela, Republic of South Africa, dated January 30, 2007, responds

to letter that requested the MACCS2 Software Code for the purpose of sharing it with

Eskom.

2. Letter to Congressman Edward J. Markey, dated January 29, responds to letter regarding

the incorporation of technologies and other means to mitigate the potential damages and

consequences of a terrorist attack against a nuclear power plant.

Federal Register Notices Issued

1. Advisory Committee on Reactor Safeguards (ACRS), Subcommittee Meeting on Materials,

Metallurgy, and Reactor Fuels, 2/21/07 meeting is postponed to 3/6/07.

2. ACRS, Subcommittee Meeting on Materials, Metallurgy, and Reactor Fuels, 2/22/07 meeting

postponed.

3. ACRS, Subcommittee Meeting on Thermal-Hydraulic Phenomena, Revised (2/26-27/07

revised to a one-day meeting on 2/27/07).
February 9, 2007 ENCLOSURE P

Region II (RII)

Items of Interest

Week Ending February 9, 2007

Region I/Region II Plant Manager’s Meeting

On February 9, 2007, the Regional Administrator attended the Region I/Region II Plant

Manager’s Meeting in Destin, Florida.
February 9, 2007 

Office of Congressional Affairs (OCA)

Items of Interest

Week Ending February 9, 2007

CONGRESSIONAL HEARINGS SCHEDULE, NO. 3

 OCA

Contact

 DATE &

 PLACE

TIME COMMITTEE SUBJECT 

Decker 02/07/2007

366 Dirksen

9:30 Senate Energy and Natural

Resources(Senators Bingaman / Domenici)

Proposed FY2008 budget forthe Department of Energy

Secretary Sam

Decker 02/08/2007

2123

Rayburn

10:00 House Energy and Commerce

(Representatives Dingell / Barton)

Proposed FY2008 budget forthe Department of Energy

Secretary Sam