http://pbadupws.nrc.gov/docs/ML0222/ML022240009.pdf
Here is NRC's Technical Analysis of PRM-50-76:
http://pbadupws.nrc.gov/docs/ML0412/ML041210109.pdf
Here is the submittal to the Commissioners that requests approval of the denial of PRM-50-76, June 29, 2005, ML050250359.
http://pbadupws.nrc.gov/docs/ML0502/ML050250359.pdf
Here is the voting record, August 5, 2005
http://www.nrc.gov/reading-rm/doc-collections/commission/cvr/2005/2005-0113vtr.pdf
Here is the Staff Requirements Memorandum, August 5, 2005, ML052170385.
http://pbadupws.nrc.gov/docs/ML0521/ML052170385.pdf
Here is the denial of PRM-50-76, August 25, 2005.
http://pbadupws.nrc.gov/docs/ML0522/ML052220454.pdf
Here is a letter from McGinty to Leyse
http://pbadupws.nrc.gov/docs/ML1009/ML100950085.pdf
http://pbadupws.nrc.gov/docs/ML1009/ML100950085.pdf
Following is page 1 of a letter from Timothy McGinty, Director, Division of Policy and Rulemaking, Office of Nuclear Reactor Regulation, to Robert Leyse, April 16, 2010, ML100950085. This letter describes the release of documents that were referenced in the June 29, 2005, request to the Commissioners to deny PRM-50-76, but which were not published in the Federal Register notice of the denial. Robert Leyse did not become aware of this discrepancy until early in 2010 and he then called for the release of the documents. However, NRC never disclosed this to the Commissioners and this omission was also never published in the Federal Register. Note that McGinty writes, "The NRC staff decided to remove the references because (1) they did not constitute a significant part of the basis for denying the petition0n and (2) the reports were not then available in the NRC's files."
April 16, 2010
Robert Leyse
P. O. Box 2850
Sun Valley, ID 83353
Dear Mr. Leyse:
Between February 7, 2010, and February 23, 2010, you sent a series of e-mails to the
Chairman of the U.S. Nuclear Regulatory Commission (NRC) and to other NRC employees,
including General Counsel Stephen Burns and staff from the Public Document Room. You
requested that the NRC make the following documents publicly available:
Bostrum, W.A., WAPD-104, “The High Temperature Oxidation of Zircaloy in
Water,” March 1954.
Lemmon, Jr., A.W. BMI-1154, “Studies Relating to the Reaction Between
Zirconium and Water at High Temperatures,” 1957.
In your February 17, 2010, e-mail to the General Counsel, you alleged that these two
documents were not made publicly available by the NRC staff in contradiction to the listing of
these two documents in a table describing the availability of documents in a draft Federal
Register Notice (FRN) of denial of a petition for rulemaking. The draft FRN was provided to the
Commission in SECY-05-113, “Denial of a Petition for Rulemaking to Revise Appendix K to
Title 10 of the Code of Federal Regulations Part 50 and Associated Guidance Documents
(PRM-50-76),” June 29, 2005.
Although these reports were listed in the draft FRN of denial, they were not referenced or listed
in the final denial of the petition for rulemaking (see 70 FR 52893; September 6, 2005). The
NRC staff decided to remove the references to these two documents in the final FRN because
(1) they did not constitute a significant part of the basis for denying the petition and (2) the
reports were not then available in the NRC's files. You should also be aware that WAPD-104
was prepared in 1954 for the Atomic Energy Commission’s office for naval reactors. When the
NRC was created in 1974, records related to naval reactors were assigned to the Energy
Research and Development Administration (which is now the U.S. Department of Energy).
Nevertheless, the NRC has been able to obtain copies of the above reports. They are now
publicly available in the NRC’s Agencywide Documents Access Management System (ADAMS)
at the following ADAMS Accession numbers:
WAPD-104—ADAMS Accession No. ML100900446
http://pbadupws.nrc.gov/docs/ML1009/ML100900446.pdf
BMI-1154—ADAMS Accession No. ML100570218
http://pbadupws.nrc.gov/docs/ML1005/ML100570218.pdf
Here is the Baker-Just Report, ANL-6548, that is based on WAPD-104 and BMI-1154.
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