NRC ORDER – —

On May 14, 2007, a Demand for Information (DFI) was issued to FirstEnergy Nuclear Operating Company (FENOC) in response to information provided by FENOC in a report, dated December 15, 2006, prepared by its contractor, Exponent Failure Analysis Associates and Altran Solutions Corporation (Exponent), associated with the root causes and time line for the 2002 Davis Besse reactor pressure vessel head degradation event. In particular, the DFI required FENOC to provide detailed and specific information relative to the timing of FENOC's review of the Exponent Report and the factors FENOC considered when determining whether the conclusions in the report should be communicated to the NRC. The DFI also required FENOC to provide information in order for the NRC to understand the depth and completeness of FENOC's evaluation of the assumptions, methods, and conclusions of the Exponent Report and to understand the differences between the Exponent Report and the technical and programmatic root cause reports previously developed by FENOC relative to the 2002 Davis-Besse event. In addition, the DFI required information in order for the NRC to understand FENOC's position regarding a second contractor report prepared for FENOC entitled, "Report of Reactor Pressure Vessel Wastage at the Davis-Besse Nuclear Power Plant," dated December 2006. Regarding the second report, the DFI required specific information relative to FENOC's endorsement of the report's conclusions and the implications of any new positions taken by FENOC compared to those previously communicated to the NRC in response to the Notice of Violation and Proposed Imposition of Civil Penalties, dated April 21, 2005. After reviewing FENOC's response to the DFI the NRC will determine whether further action is necessary to ensure compliance with regulatory requirements.