2016-05-19 – NRC – Jocassee Dam – MOU between USACE and ACRS – ML16201A093


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Criscione, Lawrence
From: Criscione, Lawrence
Sent: Thursday, May 19, 2016 8:00 AM
To: Kirkwood, Sara; Holahan, Gary; Clark, Theresa
Cc: [email protected]; ‘[email protected]
Subject: FW: MOU between USACE and ACRS
Attachments: 2016-Mar-1 MOU between ACRS and USACE.pdf
Sara, et. al.,
The email below is just an example of how ridiculous we are being about keeping flooding information
secret. The attached MOU between the ACRS and the USACE was not publicly released in ADAMS when it
was implemented and now, after being released under the FOIA, is still not in ADAMS. And the NRC contact
for that MOU will not even speak about it. Why? What kind of organization have we become?
I realize that the fact that Fort Calhoun could be flooded to beyond the height of the turbine building is
embarrassing to both the NRC and the USACE, but if you lived in Omaha would you not like to know this?
From: Criscione, Lawrence
Sent: Thursday, May 05, 2016 1:13 PM
To: Harvey, Brad ; Bley, Dennis
Cc: ‘Dennis Bley’ ([email protected])
Subject: RE: MOU between USACE and ACRS
What does the email below mean? Are you telling me you do not want me to ever ask you anymore
You are listed under section E of the attached MOU as the NRC interface for that MOU. Can you at least tell
me whom at the NRC I should contact if I have any questions regarding the attached MOU?
I’m asking you because you are the only NRC staff member whose name appears in the MOU. If there is a
better contact, I would appreciate knowing who it is.
From: Harvey, Brad
Sent: Thursday, May 05, 2016 11:45 AM
To: Criscione, Lawrence ; Bley, Dennis
Cc: ‘Dennis Bley’ ([email protected])
Subject: RE: MOU between USACE and ACRS
Please remove me from future emails.
Thank you.
From: Criscione, Lawrence
Sent: Wednesday, May 04, 2016 2:41 PM
To: Harvey, Brad ; Bley, Dennis
Cc: ‘Dennis Bley’ ([email protected]ttonwoodconsulting.com)
Subject: MOU between USACE and ACRS
Do you know the ADAMS accession numbers for the attached MOUs?
Are there any documents in ADAMS relating to Dr. Ballinger’s review of flood hazard assessments (mentioned
in the MOUs)?
From: Stevens, Margo
Sent: Wednesday, May 04, 2016 1:49 PM
To: Criscione, Lawrence
Subject: RE: FW: FOIA/PA‐2016‐0455 Final Response
I do not know the answers to your questions. (After receiving the records from ACRS, I did a very quick
search, using the Enterprise Search Tool, in ADAMS and did not locate them, but I am not particularly expert in
ADAMS). As to the why, I don’t know. That is not within my wheelhouse.
Margo L. Stevens
FOIA Analyst/Team Leader (Contractor)
U.S. Nuclear Regulatory Commission
11545 Rockville Pike, Mail Stop T-2F7
Rockville, Maryland 20855
Telephone #: (301) 415-8148
From: Criscione, Lawrence
Sent: Wednesday, May 04, 2016 1:47 PM
To: Stevens, Margo
Subject: FW: FW: FOIA/PA‐2016‐0455 Final Response
I received the attached memoranda of understanding today in response to FOIA request 2016-0455.
Are these two MOUs in ADAMS? If so, what are the Accession numbers? If not, why not?
United States Nuclear Regulatory Commission Advisory
Committee on Reactor Safeguards
United States Army Corps of
Engineers, Omaha District
Fact-Finding Exchange on Flood Hazard
This Memorandum of Understanding (MOU) is entered into between the United States Nuclear
Regulatory Commission (NRC) Advisory Committee on Reactor Safeguards (ACRS) and the
United States Army Corps of Engineers (USAGE), Omaha District (the “Parties”) to establish a
fact finding exchange concerning USAGE’s flood hazard assessments related to dam operation
and failure in support of NRC’s Fukushima Lessons Learned activities.
The ACRS was established as a statutory Committee to the Atomic Energy Commission (AEC)
by a 1957 amendment to the Atomic Energy Act of 1954. The functions of the Committee are
described in Sections 29 and 182b of the Act. The Energy Reorganization Act of 197 4 transferred
the AEC licensing functions to the NRC, and the Committee has continued in the same advisory
role to the NRC.
The ACRS reports directly to the Commission. It provides the Commission with independent
reviews of, and advice on, the safety of proposed or existing NRC licensed facilities and the
adequacy of proposed safety standards. The ACRS reviews power reactor and fuel cycle facility
license applications for which the NRC is responsible as well as the safety- and risk-significant
NRC regulations and guidance relating to these facilities On its own initiative, the ACRS may
conduct reviews of specific generic matters including nuclear facility safety and risk-significant
items. The Committee also advises the Commission on safety and risk-significant technical issues,
and performs other duties as the Commission may request.
ACRS operations are governed by the Federal Advisory Committee Act (FACA), which is
implemented through NRC regulations at 10 CFR Part 7. ACRS operational practices encourage
the public, industry, state and local governments, and other stakeholders to become involved in
Committee activities.
MOU NRC-ACRS USACE-NWO 2016FEB19 FINAL.docx Page 1 of 3
1. The scope of this MOU involves the ACRS developing an understanding of the methods
used by the USAGE in the flood hazard assessments they are developing in support of
NRC’s efforts to reevaluate flood hazards at operating nuclear facilities. The assessments
involve determining peak potential water surface elevations in the vicinity of nuclear power
plant sites resulting from dam operation and failure. Understanding the sources and
treatment of uncertainties is of special interest to the ACRS. The vehicle for this process
will be to select one, or two at the most, nuclear power plants within the USAGE’s
watershed as examples and to work through the process that the USAGE uses for hazard
assessment to better understand the flood/dam failure scenarios considered, the
assumptions used for the scenarios, and the modeling methods and assumptions Based
on initial discussions with USAGE staff, the Cooper and Ft. Calhoun nuclear power plants
have been identified as suitable examples of plants representative of the full scope of the
hazard assessment.
2. This fact-finding exchange will consist of ACRS members visiting a USAGE office where a
hazard assessment has been or is being performed. One or more meetings may be held.
The location, time, duration, and topics to be discussed during each meeting will be
mutually agreed upon by both the USAGE and ACRS in advance of each meeting. ACRS
members also will be provided technical letter reports (TLRs), upon request, for review in
accordance with the terms of this MOU regarding the safeguarding of sensitive and/or
classified information.
3. The topics covered by this MOU include technical discussions regarding the probable
maximum precipitation and probable maximum floods; river basin hydrologic and hydraulic
models; evaluation of hydrologic, seismic, and sunny day dam failures; and the resulting
time-series stage, velocity, and discharge hydrographs.
4. This MOU does not obligate any funds.
1. To provide for consistent and effective communication between the ACRS and the
USAGE, each party shall appoint a principal representative to serve as its central point of
contact on matters relating to this MOU.
2. Except as otherwise indicated, NRC and USAGE will ensure open technical exchange
related to specific technical issues while, at the same time, maintaining each organization’s
requirements to safeguard sensitive information. The ACRS members and ACRS staff
engineer in attendance will follow USAGE protocol for handling information (i.e., proprietary
and security-related material). Documents reviewed by the ACRS members will not be
removed from the USAGE site unless specifically authorized by the USAGE.
3. ACRS member Dr. Ronald Ballinger and two other ACRS members and an ACRS staff
member will visit a location where hazard assessment has been or is being performed in
order to become familiar with the evaluation process, including the detailed calculations,
including assumptions, which may be required during the process.
MOU NRC-ACRS USACE-NWO 2016FEB19 FINAL.docx Page 2 of 3
Brad Harvey will serve as the interface for the NRC and ACRS; Christopher Fassero will serve as
the interface for the USACE.
F. AMENDMENT AND TERMINATION: This Memorandum of Understanding may be modified
or amended by written agreement between both parties by the issuance of a written amendment
signed and dated by all parties prior to the implementation of any changes to the scope of the
Memorandum of Understanding being performed. Either party may terminate this Memorandum
of Understanding by providing written notice to the other party. The termination shall be
effective upon the sixtieth calendar day following notice, unless a later date is set forth.
G. EFFECTIVE DATE: This Memorandum of Understanding shall become effective as of the
date of the final signature.
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DENNIS BLEY, Chairm(ri
Advisory Committee on Reactor
United States Nuclear Regulatory
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EN Commanding, Omaha District
United States Corps of Engineers
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