[Federal Register Volume 78, Number 125 (Friday, June 28, 2013)]
[Notices]
[Pages 39019-39020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-15524]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-285, NRC-2013-0111]
Omaha Public Power District, Fort Calhoun Station, Unit 1
AGENCY: Nuclear Regulatory Commission.
ACTION: Request for action; receipt.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is giving notice
that by petition dated June 21, 2012, Mr. Wallace Taylor (the
petitioner) has requested that the NRC take enforcement action against
Fort Calhoun Station, Unit 1 (FCS). The petitioner's requests are
included in the SUPPLEMENTARY INFORMATION section of this document.
ADDRESSES: Please refer to Docket ID NRC-2013-0111 when contacting the
NRC about the availability of information regarding this document. You
may access information related to this document, which the NRC
possesses and is publicly available, using any of the following
methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0111. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-492-
3668; email: [email protected].
NRC's Agencywide Documents Access and Management System
(ADAMS): You may access publicly available documents online in the NRC
Library at http://www.nrc.gov/reading-rm/adams.html. To begin the
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to [email protected]. The ADAMS accession number
for each document referenced in this document (if that document is
available in ADAMS) is provided the first time that a document is
referenced.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
[[Page 39020]]
SUPPLEMENTARY INFORMATION: On June 21, 2012 (ADAMS Accession No.
ML11174A228), the petitioner requested that the NRC take enforcement
action with regard to FCS. The petitioner also met with the Petition
Review Board (PRB) and supplemented its petition during a
teleconference on August 27 and November 19, 2012 (ADAMS Accession Nos.
ML12250A714, and ML12352A279, respectively). As a basis for the
request, the petitioner states that the NRC's own guidelines regarding
enforcement sanctions would categorize the events at FCS over the past
20 years at Severity Level I, the highest level, because those events
involve (1) Situations involving particularly poor licensee
performance, or involving willfulness; (2) situations when the
violation results in a substantial increase in risk, including cases in
which the duration of the violation has contributed to the substantial
increase; and (3) situations in which the licensee made a conscious
decision to be in noncompliance to obtain an economic benefit (63 FR
26630-01, 26642; May 13, 1998). The petitioner states that the NRC
considers these violations to be of significant concern, and it may
apply its full enforcement action to remedy these violations, including
issuing appropriate orders. Id. The petitioner provided supplemental
information in support of the petition and states that (1) A support
beam was found that was not within allowable limits for stress and
loading; (2) given Exelon's long history of deliberate misconduct and
willful violations at its various nuclear plants around the United
States, day-to-day management of FCS by Exelon is likely to worsen FCS'
performance rather than improve it; (3) the flooding hazard at Fort
Calhoun greatly exceeds its flooding protection measures at this time;
(4) FCS' risk of flooding from each of the six upstream dams has not
been evaluated or resolved; and (5) the identification of 614 primary
reactor containment electrical penetration seals containing Teflon that
could degrade during design-basis accident conditions.
The request is being treated pursuant to Sec. 2.206 of Title 10 of
the Code of Federal Regulations, ``Requests for Action under This
Subpart,'' of the Commission's regulations. The request has been
referred to the Director of the Office of Nuclear Reactor Regulation
(NRR). As provided by Sec. 2.206, appropriate action will be taken on
this petition within a reasonable time. The petitioner requested an
opportunity to address the NRR Petition Review Board (PRB). The PRB
held recorded teleconferences with the petitioner during which the
petitioner supplemented and clarified the petition. The PRB considered
results of those discussions in its determination regarding the
petitioner's request. As a result, the PRB acknowledged the
petitioner's concerns about containment internal structures, electrical
penetrations, and upstream dam failures. The NRC is currently reviewing
the issues above related to containment internal structures, electrical
penetrations, and upstream dam failures. Both the containment internal
structures and electrical penetrations issues have been identified as
issues that must be resolved before restart of the facility and have
been added to the confirmatory action letter (ADAMS Accession No.
ML13057A287). Additionally, the PRB noted that natural disasters, such
as flooding, are undergoing NRC review as part of the lessons learned
from the Fukushima Dai-ichi event in Japan. The NRC staff is evaluating
the effect of multiple upstream dam failures as a part of the Fukushima
Dai-ichi reviews, as well as other processes. The PRB intends to use
the results of the aforementioned reviews to inform its final decision
on whether to implement the requested actions.
Dated at Rockville, Maryland, this 19th day of June 2013.
For the Nuclear Regulatory Commission.
Jennifer L. Uhle,
Deputy Director, Reactor Safety Programs, Office of Nuclear Reactor
Regulation.
[FR Doc. 2013-15524 Filed 6-27-13; 8:45 am]
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