ML15355A081
| ML15355A081 | |
| Person / Time | |
|---|---|
| Site: | Byron, Braidwood  |
| Issue date: | 01/12/2016 |
| From: | Dean W M Office of Nuclear Reactor Regulation |
| To: | Bailey M G, Gendelman A S, Gody A T Division of Engineering, NRC/OGC |
| Garmoe A D | |
| Shared Package | |
| ML15355A083 | List: |
| References | |
| Download: ML15355A081 (3) | |
Text
January 12, 2016
MEMORANDUM TO: Marissa G. Bailey, Acting Director Division of Engineering Office of Nuclear Reactor Regulation Anthony T. Gody, Jr, Director Division of Reactor Safety Region II Office
Adam S. Gendelman, Acting Deputy Director Reactor and Materials Rulemaking Office of the General Counsel
FROM: William M. Dean, Director
/ra/ Office of Nuclear Reactor Regulation
SUBJECT CHARTER FOR BACKFIT REVIEW PANEL ON EXELON APPEAL OF BACKFIT AFFECTING BRAIDWOOD AND BYRON STATIONS REGARDING COMPLIANCE WITH 10 CFR 50.34(b), GDC 15, GDC 21, GDC 29, AND THE LICENSING BASIS
In a letter dated December 8, 2015, Exelon Generation Company, LLC (EGC) appealed the U.S. Nuclear Regulatory Commission (NRC) staff's (staff) imposition of a compliance backfit at the Braidwood and Byron Stations. The NRC acti on imposing the compli ance backfit was set forth in an October 9, 2015, letter, which transmitted the results of a staff review of licensing basis documents for the Braidwood and Byron Stations. The staff determined that Braidwood and Byron Stations were not in compliance with General Design Criteria (GDC) 15, GDC 21, GDC 29, Title 10 of the Code of Federal Regulations (10 CFR) 50.34(b), and the plant-specific design bases. The staff acknowledged that the imposition was backfitting because the staff
imposition differed from a previous staff position documented in a 2001 power uprate safety evaluation. However, the staff determined that the backfitting was justified under the compliance exception in 10 CFR 50.109(a)(4)(i). On December 8, 2015, the licensee appealed the staff's decision in a letter to the Director, Office of Nuclear Reactor Regulation, which stated
that the compliance backfit exception is not applicable, and the NRC must conduct a backfit analysis.
The process by which the NRC will review and respond to the appeal is documented in Management Directive Handbook 8.4, "Management of Facility-Specific Backfitting and Information Collection," section III.A, "Facility-specific Backfits," as implemented by Office of
CONTACT: Alexander D. Garmoe, NRR/DPR 301-415-3814
M. Bailey, et al.
Nuclear Reactor Regulation Office Instruction LIC-202, Revision 2, "Procedures for Managing Plant-Specific Backfits and 50.54(f) Information Requests," section IV.A, "Non-Adjudicatory Appeal Process."
In accordance with section IV.A of LIC-202, and after consultation with your management, I am designating Marissa Bailey as Chairman of t he Backfit Review Panel, and Anthony Gody and Adam Gendelman as members of the Backfit Review Panel. The purpose of the panel is to review EGC's appeal of the NRC staff's determination that a backfit is necessary at the Braidwood and Byron Stations, and the staff's application of the compliance backfit exception.
The panel is chartered with providing a recommendation to the Director, Office of Nuclear Reactor Regulation of whether a backfit is necessary at Braidwood and Byron and whether the staff's application of the compliance backfit exception is in accordance with § 50.109(a)(4)(i) and is otherwise appropriate. To arrive at its recommendation, the panel should review the October 9, 2015, backfit imposition letter and enclosed safety evaluation; the December 8, 2015, appeal to the Director, Office of Nuclear Reactor Regulation; and any relevant supporting information including the 2001 and 2004 safety evaluations referenced in the appeal. In conducting its review, the panel may also seek staff support.
The panel should complete its review and provide its recommendation to the Director, Office of Nuclear Reactor Regulation within 3 weeks following an associated public meeting with EGC, or by February 5, 2016, if a public meeting is declined by the licensee.
Package/ML15355A083; Acknowledgement of Appeal/ML15351A372 Backfit Review Panel Charter/ML15355A081 *via email OFFICE NRR/DPR/PGCB NRR/DPR/PGCB:LA*NRR/DPR/PGCB:BC* NRR/DORL/PLBIII-2:BC*NAME AGarmoe ELee SStuchell JPoole(EBrown for
)DATE 12/21/15 12/21/15 12/22/15 12/23/15 OFFICE NRR/DORL:D* OGC (NLO)* NRR/DPR:DD NRR/DPR:D NAME ABoland (GWilson for) GMizun AMohseni LKokajko DATE 12/23/15 12/23/15 12/23/1512/23/15 OFFICE NRR NAME WDean DATE 01/12/16
January 12, 2016
MEMORANDUM TO: Marissa G. Bailey, Acting Director Division of Engineering Office of Nuclear Reactor Regulation Anthony T. Gody, Jr, Director Division of Reactor Safety Region II Office
Adam S. Gendelman, Acting Deputy Director Reactor and Materials Rulemaking Office of the General Counsel
FROM: William M. Dean, Director
/ra/ Office of Nuclear Reactor Regulation
SUBJECT CHARTER FOR BACKFIT REVIEW PANEL ON EXELON APPEAL OF BACKFIT AFFECTING BRAIDWOOD AND BYRON STATIONS REGARDING COMPLIANCE WITH 10 CFR 50.34(b), GDC 15, GDC 21, GDC 29, AND THE LICENSING BASIS
In a letter dated December 8, 2015, Exelon Generation Company, LLC (EGC) appealed the U.S. Nuclear Regulatory Commission (NRC) staff's (staff) imposition of a compliance backfit at the Braidwood and Byron Stations. The NRC acti on imposing the compli ance backfit was set forth in an October 9, 2015, letter, which transmitted the results of a staff review of licensing basis documents for the Braidwood and Byron Stations. The staff determined that Braidwood and Byron Stations were not in compliance with General Design Criteria (GDC) 15, GDC 21, GDC 29, Title 10 of the Code of Federal Regulations (10 CFR) 50.34(b), and the plant-specific design bases. The staff acknowledged that the imposition was backfitting because the staff
imposition differed from a previous staff position documented in a 2001 power uprate safety evaluation. However, the staff determined that the backfitting was justified under the compliance exception in 10 CFR 50.109(a)(4)(i). On December 8, 2015, the licensee appealed the staff's decision in a letter to the Director, Office of Nuclear Reactor Regulation, which stated
that the compliance backfit exception is not applicable, and the NRC must conduct a backfit analysis.
The process by which the NRC will review and respond to the appeal is documented in Management Directive Handbook 8.4, "Management of Facility-Specific Backfitting and Information Collection," section III.A, "Facility-specific Backfits," as implemented by Office of
CONTACT: Alexander D. Garmoe, NRR/DPR 301-415-3814
M. Bailey, et al.
Nuclear Reactor Regulation Office Instruction LIC-202, Revision 2, "Procedures for Managing Plant-Specific Backfits and 50.54(f) Information Requests," section IV.A, "Non-Adjudicatory Appeal Process."
In accordance with section IV.A of LIC-202, and after consultation with your management, I am designating Marissa Bailey as Chairman of t he Backfit Review Panel, and Anthony Gody and Adam Gendelman as members of the Backfit Review Panel. The purpose of the panel is to review EGC's appeal of the NRC staff's determination that a backfit is necessary at the Braidwood and Byron Stations, and the staff's application of the compliance backfit exception.
The panel is chartered with providing a recommendation to the Director, Office of Nuclear Reactor Regulation of whether a backfit is necessary at Braidwood and Byron and whether the staff's application of the compliance backfit exception is in accordance with § 50.109(a)(4)(i) and is otherwise appropriate. To arrive at its recommendation, the panel should review the October 9, 2015, backfit imposition letter and enclosed safety evaluation; the December 8, 2015, appeal to the Director, Office of Nuclear Reactor Regulation; and any relevant supporting information including the 2001 and 2004 safety evaluations referenced in the appeal. In conducting its review, the panel may also seek staff support.
The panel should complete its review and provide its recommendation to the Director, Office of Nuclear Reactor Regulation within 3 weeks following an associated public meeting with EGC, or by February 5, 2016, if a public meeting is declined by the licensee.
Package/ML15355A083; Acknowledgement of Appeal/ML15351A372 Backfit Review Panel Charter/ML15355A081 *via email OFFICE NRR/DPR/PGCB NRR/DPR/PGCB:LA*NRR/DPR/PGCB:BC* NRR/DORL/PLBIII-2:BC*NAME AGarmoe ELee SStuchell JPoole(EBrown for
)DATE 12/21/15 12/21/15 12/22/15 12/23/15 OFFICE NRR/DORL:D* OGC (NLO)* NRR/DPR:DD NRR/DPR:D NAME ABoland (GWilson for) GMizun AMohseni LKokajko DATE 12/23/15 12/23/15 12/23/1512/23/15 OFFICE NRR NAME WDean DATE 01/12/16