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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEAR3F0999-05, Comment Supporting Proposed Rules 10CFR50 & 72 Re Reporting Requirements for Nuclear Power Reactors & Draft NUREG-1022, Rev 2, Event Reporting Guidelines1999-09-14014 September 1999 Comment Supporting Proposed Rules 10CFR50 & 72 Re Reporting Requirements for Nuclear Power Reactors & Draft NUREG-1022, Rev 2, Event Reporting Guidelines L-99-201, Comment Supporting Proposed Rules 10CFR50 & 72 Re Reporting Requirements for Nuclear Power Reactors.Fpl Followed Development of NEI Comments on Rulemaking & Endorse These Comments1999-09-0707 September 1999 Comment Supporting Proposed Rules 10CFR50 & 72 Re Reporting Requirements for Nuclear Power Reactors.Fpl Followed Development of NEI Comments on Rulemaking & Endorse These Comments ML20206H4441999-05-0303 May 1999 Comment Opposing Proposed Rules 10CFR170 & 10CFR171 Re Rev of Fy 1999 Fee Schedules ML20205J0461999-04-0101 April 1999 Comment Supporting Proposed Draft Std Review Plan on Foreign Ownership,Control & Domination.Util Supports Approach Set Forth in SRP Toward Reviewing Whether Applicant for NRC License Owned by Foreign Corp.Endorses NEI Comments ML20205B3771999-03-16016 March 1999 Comment Opposing PRM 50-64 Re Liability of Joint Owners of Npps.Util Endorses Comments of NEI & Urges Commission to Deny Petition for Rulemaking ML17355A2511999-03-0909 March 1999 Comment Supporting Amend to Policy & Procedure for NRC Enforcement Actions Re Treatment of Severity Level IV Violations at Power Reactors.Util Also Endorses Comments of NEI on Revs L-98-306, Comment Opposing Proposed Rule 10CFR50 Re Requirements for Monitoring Effectiveness of Maint at NPP1998-12-10010 December 1998 Comment Opposing Proposed Rule 10CFR50 Re Requirements for Monitoring Effectiveness of Maint at NPP L-98-272, Comment on Draft Reg Guide DG-4005, Preparation of Suppl Environ Repts for Applications to Renew Nuclear Power Plant Operating Licenses1998-10-28028 October 1998 Comment on Draft Reg Guide DG-4005, Preparation of Suppl Environ Repts for Applications to Renew Nuclear Power Plant Operating Licenses L-98-252, Comment Supporting Proposed Rules 10CFR2 & 51 Re Streamlined Hearing Process for NRC Approval of License Transfers.Fpl Also Endorses Comments of NEI on Proposed Rule1998-10-0606 October 1998 Comment Supporting Proposed Rules 10CFR2 & 51 Re Streamlined Hearing Process for NRC Approval of License Transfers.Fpl Also Endorses Comments of NEI on Proposed Rule L-98-248, Comment Supporting Statement of Policy on Conduct of Adjudicatory Proceedings.Fpl Also Endorses Comments of NEI on Policy Statement1998-10-0505 October 1998 Comment Supporting Statement of Policy on Conduct of Adjudicatory Proceedings.Fpl Also Endorses Comments of NEI on Policy Statement ML17354A8741998-03-27027 March 1998 Comment Opposing Proposed Generic Communication,Lab Testing of nuclear-grade Activated Charcoal (M97978) ML17354B1061998-02-26026 February 1998 Submits Listed Requests for NRC EA Per 10CFR2.206 to Modify OLs for All FPL NPPs Until Licensee Can Demonstrate Open Communication Channels Exist Between NRC & Licensee.Also Requests EA to Address Alleged Discriminatory Practices ML20217M0751997-08-13013 August 1997 Licensee Response to Supplemental 10CFR2.206 Petitions Filed by Tj Saporito & National Litigation Consultants.Petition Provides No Basis for Extraordinary Relief Requested. Petition Should Be Denied.W/Certificate of Svc ML20217J4321997-08-0707 August 1997 Memorandum & Order.* Grants Staff Petition for Review & Reverses Presiding Officer Decision Requiring Staff to Issue Tetrick SRO License.Order Disapproved by Commissioner Diaz. W/Certificate of Svc.Served on 970807 ML20148P8461997-06-25025 June 1997 Memorandum & Order (Determination of Remand Question).* Concludes That Presiding Officer Reaffirms Determination That Response of Rl Tetrick to Question 63 of Exam to Be SRO Was Incorrect.W/Certificate of Svc.Served on 970626 ML17354A5521997-06-18018 June 1997 Comment Opposing Proposed NRC Bulletin 96-001,suppl 1, CR Insertion Problems. ML20141F5441997-06-13013 June 1997 NRC Staff Response to Presiding Officer Memorandum & Order (Questions Relevant to Remand).* Staff Submits That Tetrick Request for Reconsideration of Grading of Question 63 on SRO License Written Exam Should Be Denied ML20141F5711997-06-13013 June 1997 Supplemental Affidavit of B Hughes & Ta Peebles.* Affidavit Re Tetrick Request for Reconsideration of Grading of Question 63 on SRO License Written Exam.W/Certificate of Svc ML17354A5181997-05-27027 May 1997 Licensee Response to 10CFR2.206 Petition Filed by Tj Saporito & National Litigation Consultants.Petition Should Be Denied,Based on Listed Info.W/Certificate of Svc ML20148G6531997-05-27027 May 1997 Notice.* Forwards Documents Received & Read by Author from Rl Tetrick on 970317 W/O Being Served as Required Under Procedural Rules.W/Certificate of Svc.Served on 970527 ML20148G7071997-05-27027 May 1997 Memorandum & Order (Questions Relevant to Remand).* Rl Tetrick May Respond to Questions W/Filing Served Pursuant to Procedural Regulations W/Notarized Statement to Be Received by 970617.Certificate of Svc Encl.Served on 970527 ML20148G7501997-05-20020 May 1997 Memorandum & Order CLI-97-05.* Staff May Withhold Issuance of SRO License to Rl Tetrick Pending Further Order of Commission.W/Certificate of Svc.Served on 970520 ML17354A5631997-05-17017 May 1997 Second Suppl to 970423 Petition Requesting Enforcement Against Listed Util Employees by Imposing Civil Penalties, Restricting Employees from Licensed Activities & Revoking Unescorted Access ML20141C7331997-05-16016 May 1997 Order Extending Until 970616,time within Which Commission May Rule on NRC Staff 970416 Petition for Review of Presiding Officer Initial Decision.W/Certificate of Svc. Served on 970516 ML17354A5611997-05-11011 May 1997 Suppl to 970423 Petition Requesting Enforcement Action Against Util Former Executive Vice President,Site Vice President & Maint Superintendent by Imposing Civil Monetary Penalty ML20138J2331997-05-0202 May 1997 Affidavit.* Affidavit of B Hughes Re Denial of Application for SRO License for Rl Tetrick.W/Certificate of Svc ML20138J2271997-05-0202 May 1997 NRC Staff Response to Questions Posed in Commission Order of 970425.* Staff Respectfully Submits That Commission Should Undertake Review of Presiding Officer Decisions in Proceedings LBP-97-2 & LBP-97-6 ML20138J2241997-05-0202 May 1997 Line (Providing Omitted Citation).* Informs That Submitted Citation Inadvertently Omitted from Response to Questions Posed in Commission Order of 970425.W/Certificate of Svc ML20138J2401997-04-25025 April 1997 Scheduling Order.* Staff Instructed to File W/Commission,By COB 970502,response to Tetrick Argument Re Question 63 & Discussion of Legal Significance of Consistent Staff Practices.W/Certificate of Svc.Served on 970425 ML17354A5651997-04-23023 April 1997 Requests That NRC Take EA to Modify,Suspend or Revoke FPL Operating Licenses for All Four Nuclear Reactors Until Licensee Can Sufficiently Demonstrate to NRC & Public That Employees Encouraged to Freely Raise Safety Concerns ML20137X5921997-04-16016 April 1997 NRC Staff Petition for Commission Review of Presiding Officer Decisions in Proceeding (LBP-97-2 & LBP-97-6).* Commission Should Undertake Review of Presiding Officer Decisions in Proceeding.W/Certificate of Svc ML20137X5511997-04-11011 April 1997 NRC Request for Issuance of Order Staying Effectiveness of Presiding Officer Decisions in Proceeding (LBP-97-2 & LBP-97-6).* Commission Should Stay Effectiveness of Decision in Subj Proceeding.W/Certificate of Svc ML20137R3531997-03-27027 March 1997 Correct Copy of Memorandum & Order (Denial of Reconsideration,Stay).* Denies NRC Staff Motion for Reconsideration.W/Certificate of Svc.Served on 970327 ML20137F5551997-03-25025 March 1997 NRC Staff Response to Memorandum & Order of 970321.* Presiding Officer Should Grant Staff 970310 Motion for Reconsideration.W/Certificate of Svc ML20137F8251997-03-21021 March 1997 Memorandum & Order (Grant of Housekeeping Stay).* Orders That Effect of Initial Decision Postponed Until Close of Business on 970326.W/Certificate of Svc.Served on 970321 ML20137F5081997-03-17017 March 1997 NRC Staff Motion for Issuance of Stay.* Requests That Presiding Officer Deny NRC Staff Request for Issuance of Stay in Matter of Issuance of SRO License ML20137F5371997-03-17017 March 1997 NRC Staff Motion for Reconsideration in Matter of Rl Tetrick.* Requests That Presiding Officer Deny NRC Staff Request for Reconsideration ML20136F2981997-03-12012 March 1997 Memorandum & Order (Grant of Housekeeping Stay).* Informs That Initial Decision Issued by Presiding Officer on 970228 Postponed Until 970321 & Rl Tetrick May File Response by 970318.W/Certificate of Svc.Served on 970312 ML20136F2351997-03-10010 March 1997 NRC Staff Motion for Reconsideration Introduction.* Requests That Presiding Officer Reconsider Determination That Tetrick Passed Written Exam & Find,Instead,That Tetrick Failed Written Exam ML20136F3411997-03-10010 March 1997 NRC Staff Request for Issuance of Order Staying Effectiveness of Presiding Officers Initial Decision LBP-97-2.* Staff Submits That Presiding Officer Should Stay Effectiveness of Initial Decision.W/Certificate of Svc ML20136F2721997-03-0606 March 1997 Supplemental Affidavit of B Hughes.* Supports Staff Motion for Reconsideration of Presiding Officer Initial Decision of 970228.W/Certificate of Svc ML20138Q0191997-02-28028 February 1997 Initial Decision.* Concludes That Rl Tetrick Had Passing Score of 80% & Should Be Granted License as Sro. W/Certificate of Svc.Served on 970228 ML20134A6551997-01-23023 January 1997 Written Presentation of NRC Staff.* Staff Concludes That SE Turk Failed Written Exam & Did Not Establish Sufficient Cause to Change Grading of Answers to Listed Questions. Denial of Application for SRO License Should Be Sustained ML20134A6661997-01-23023 January 1997 Affidavit of B Hughes & Ta Peebles Re Denial of Application for SRO License.W/Certificate of Svc.Served on 970124 ML20129J5681996-10-23023 October 1996 Memorandum & Order (Error).* Informs of Incorrect Caption Identified in Order .W/Certificate of Svc.Served on 961023 ML20129D4981996-10-21021 October 1996 Memorandum & Order (Grant of Request for Hearing Scheduling).* Requests for Hearing Hereby Granted. W/Certificate of Svc.Served on 961021 ML20129D6681996-10-18018 October 1996 NRC Staff Answer to Rl Tetrick Request for Hearing.* Staff Does Not Oppose Request & Will Be Prepared to Submit Hearing File.W/Certificate of Svc & Notice of Appearance ML20129D4401996-10-0909 October 1996 Designating of Presiding Officer.* Pb Bloch Designated to Serve as Presiding Officer to Conduct Informal Adjudicatory Hearing in Proceeding of Rl Tetrick Re Denial of SRO License.W/Certificate of Svc.Served on 961010 ML17353A6311996-01-19019 January 1996 Decision & Remand Order Re FPL Discrimination Against RR Diaz-Robainas.FPL Ordered to Offer Reinstatement to RR Diaz-Robainas W/Comparable Pay & Benefits,To Pay Him Back Pay W/Interest & to Pay His Costs & Expenses Re Complaint ML17353A2471995-06-27027 June 1995 Comments on Proposed Rule Re, Review of NRC Insp Rept Content,Format & Style. 1999-09-07
[Table view] Category:PUBLIC COMMENTS ON PROPOSED RULES & PETITIONS FOR
MONTHYEAR3F0999-05, Comment Supporting Proposed Rules 10CFR50 & 72 Re Reporting Requirements for Nuclear Power Reactors & Draft NUREG-1022, Rev 2, Event Reporting Guidelines1999-09-14014 September 1999 Comment Supporting Proposed Rules 10CFR50 & 72 Re Reporting Requirements for Nuclear Power Reactors & Draft NUREG-1022, Rev 2, Event Reporting Guidelines L-99-201, Comment Supporting Proposed Rules 10CFR50 & 72 Re Reporting Requirements for Nuclear Power Reactors.Fpl Followed Development of NEI Comments on Rulemaking & Endorse These Comments1999-09-0707 September 1999 Comment Supporting Proposed Rules 10CFR50 & 72 Re Reporting Requirements for Nuclear Power Reactors.Fpl Followed Development of NEI Comments on Rulemaking & Endorse These Comments ML20206H4441999-05-0303 May 1999 Comment Opposing Proposed Rules 10CFR170 & 10CFR171 Re Rev of Fy 1999 Fee Schedules ML20205J0461999-04-0101 April 1999 Comment Supporting Proposed Draft Std Review Plan on Foreign Ownership,Control & Domination.Util Supports Approach Set Forth in SRP Toward Reviewing Whether Applicant for NRC License Owned by Foreign Corp.Endorses NEI Comments ML20205B3771999-03-16016 March 1999 Comment Opposing PRM 50-64 Re Liability of Joint Owners of Npps.Util Endorses Comments of NEI & Urges Commission to Deny Petition for Rulemaking ML17355A2511999-03-0909 March 1999 Comment Supporting Amend to Policy & Procedure for NRC Enforcement Actions Re Treatment of Severity Level IV Violations at Power Reactors.Util Also Endorses Comments of NEI on Revs L-98-306, Comment Opposing Proposed Rule 10CFR50 Re Requirements for Monitoring Effectiveness of Maint at NPP1998-12-10010 December 1998 Comment Opposing Proposed Rule 10CFR50 Re Requirements for Monitoring Effectiveness of Maint at NPP L-98-272, Comment on Draft Reg Guide DG-4005, Preparation of Suppl Environ Repts for Applications to Renew Nuclear Power Plant Operating Licenses1998-10-28028 October 1998 Comment on Draft Reg Guide DG-4005, Preparation of Suppl Environ Repts for Applications to Renew Nuclear Power Plant Operating Licenses L-98-252, Comment Supporting Proposed Rules 10CFR2 & 51 Re Streamlined Hearing Process for NRC Approval of License Transfers.Fpl Also Endorses Comments of NEI on Proposed Rule1998-10-0606 October 1998 Comment Supporting Proposed Rules 10CFR2 & 51 Re Streamlined Hearing Process for NRC Approval of License Transfers.Fpl Also Endorses Comments of NEI on Proposed Rule L-98-248, Comment Supporting Statement of Policy on Conduct of Adjudicatory Proceedings.Fpl Also Endorses Comments of NEI on Policy Statement1998-10-0505 October 1998 Comment Supporting Statement of Policy on Conduct of Adjudicatory Proceedings.Fpl Also Endorses Comments of NEI on Policy Statement ML17354A8741998-03-27027 March 1998 Comment Opposing Proposed Generic Communication,Lab Testing of nuclear-grade Activated Charcoal (M97978) ML17354A5521997-06-18018 June 1997 Comment Opposing Proposed NRC Bulletin 96-001,suppl 1, CR Insertion Problems. ML17353A2471995-06-27027 June 1995 Comments on Proposed Rule Re, Review of NRC Insp Rept Content,Format & Style. L-94-206, Comment Opposing Proposed Change to Rule 10CFR26, Consideration of Changes to Fitness for Duty Requirements. Util Wants Current Scope of Drug Testing in 10CFR26 to Be Retained & Current Trustworthiness Programs to Be Improved1994-08-0909 August 1994 Comment Opposing Proposed Change to Rule 10CFR26, Consideration of Changes to Fitness for Duty Requirements. Util Wants Current Scope of Drug Testing in 10CFR26 to Be Retained & Current Trustworthiness Programs to Be Improved ML20072B3251994-08-0101 August 1994 Comment Opposing Proposed Rule 10CFR26 Re Change Consideration of fitness-for-duty Requirements L-94-150, Comment Supporting Petition for Rulemaking PRM-50-60 Re Amend to 10CFR50.54 by Changing Frequency W/Which Licensees Conduct Independent Reviews of Emergency Preparedness Program from Annually to Biennially1994-06-17017 June 1994 Comment Supporting Petition for Rulemaking PRM-50-60 Re Amend to 10CFR50.54 by Changing Frequency W/Which Licensees Conduct Independent Reviews of Emergency Preparedness Program from Annually to Biennially ML20056G4121993-08-31031 August 1993 Comment Supporting Proposed Rule 10CFR2 Re Review of 2.206 Process ML20056G3351993-08-27027 August 1993 Comment Opposing Proposed Rule 10CFR2 Re Review of 10CFR2.206 Process ML17349A8161993-04-22022 April 1993 Comment Endorsing NUMARC Comments Re Proposed Generic Communication, Availability & Adequacy of Design Bases Info. ML20101R5261992-07-0606 July 1992 Comment Supporting Proposed Rule 10CFR50 Re Receipt of Byproduct & SNM L-92-102, Comment on Proposed Rule Misc (92-1) Re Conversion to Metric Sys.Concurs W/Issuance of Rule & Believes Rule Provides Flexibility Not Available Through Rulemaking1992-04-16016 April 1992 Comment on Proposed Rule Misc (92-1) Re Conversion to Metric Sys.Concurs W/Issuance of Rule & Believes Rule Provides Flexibility Not Available Through Rulemaking ML17348A7101990-10-15015 October 1990 Comment Supporting Proposed Rules 10CFR2,50 & 54 Re Nuclear Power Plant License Renewal ML17348A4051990-06-29029 June 1990 Comment Supporting NUMARC Position on Revised Wording of Petition for Rulemaking PRM-50-55 Concerning Fsars.Resulting Longer Interval Between FSAR Updates Would Benefit Many Licensees ML17348A3981990-06-29029 June 1990 Comment Opposing Proposed Rule 10CFR55 Re fitness-for-duty Programs.Believes Current Program Aggressively Supports Performance Objective of fitness-for-duty Regulation & Applied Equally to All Persons Granted Unescorted Access ML20244B3241989-04-10010 April 1989 Comment Opposing Proposed Rule 10CFR50 Re Ensuring Effectiveness of Maint Programs for Nuclear Power Plants ML20235T2311989-02-22022 February 1989 Comment Opposing Proposed Rule 10CFR50 Re Ensuring Effectiveness of Maint Programs for Nuclear Power Plants. Rulemaking Will Cause Delay in Further Maint Enhancement as Licensee Backtrack to Assure Prescriptive Compliance ML20151G4521988-07-21021 July 1988 Comment on Proposed Rule 10CFR76 Re Regulation of U Enrichment Facilites.Util Interested in Any Licensing Regulations That Would Govern Const & Operation of U Enrichment Facilites ML20154G1351988-05-0505 May 1988 Comment on Proposed Rules 10CFR50 & 73 Re Proposed Policy Statement on Nuclear Power Plant Access Authorization Program.Commission Urged to Establish Access Authorization Through Rulemaking Procedure ML17342B2311988-03-25025 March 1988 Comment on Proposed Rule 10CFR50,App J Re Primary Reactor Containment Leakage Testing for water-cooled Power Reactors. Util Endorses Addition of Mass Point Methodology to Acceptable Leakage Rate Calculational Methods 1999-09-07
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11 i September 14,1999 AD1 3F0999-05 The Secretary of the Cornmission Attention: Rulemakings and Adjudication Staff U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001
Subject:
Comments on Proposed Rule 10 CFR Parts 50 and 72, " Reporting Requirements for Nuclear Power Reactors," and Draft NUREG-1022, Rev. 2,
" Event Reporting Guidelines - 10 CFR 50.72 and 50.73"
Reference:
Federal Register Volume 64, Number 128, Pages 36291 through 36307, dated July 6,1999
Dear Secretary:
This letter provides Florida Power Corporation's (FPC's) comments in response to the Federal Register notice concerning proposed rulemaking on Reporting Requirements for Nuclear Power Reactors (64 Federal Register 36291, dated July 6,1999). FPC appreciates the opportunity to comment on the proposed rule. FPC commends the NRC's initiative to revise the current reporting requirements of 10CFR50.72/50.73 and the guidance contained in NUREG-1022. FPC also supports the NRC's effort to: reduce or eliminate the reporting burden associated with events of little or no safety significance; revise reporting requirements based on importance to risk; and, extend the required reporting times.
In general, FPC believes that the proposed change meets the stated objectives to align reporting with needs, reduce burden where there is no safety significance and provide clarity to reporting. Extensive use of workshops and tabletop exercises during the 1 rulemaking process have provided a valuable testing ground for proposed revisions.
However, FPC has two areas of concern:
- 1. The last minute addition of a requirement to report significantly degraded components,10CFR50.73(a)(2)(ii)(C), does not meet the stated objectives of the rule change and should be deleted. There are no current requirements to report component failures or degradations that do not impact system train / channel operability. This new criterion represents a reporting threshold far below that currently required. The requirement to report component degradations that are not safety significant (the component is operable and does not render a system train / channel inoperable) is a data collection effort that runs counter to the intent of the event reporting rule.
'; g CRYSTAL RIVER ENERGY COMPLEX: 15760 W. Power Line Street a Crystal River, Florida 34428-6708 * (352) 795-6486 9909220251 990914 PDR PR lh 50 64FR36291 PDR j
. . l U.S. Nuclerr Regul tory Commission 3F0999-05 Pag) 2 of 6 The attempt to capture components which are seriously degraded, but not enough so as to render a system train / channel inoperable, is subject to widely varying levels of interpretation. Such a great degree of uncertainty and lack of clarity exists in this newly proposed requirement, that the potential exists to increase the number of required Licensee Event Reports (LERs) far beyond those that were submitted due to being "outside the design bases." One of the reasons that the "Outside the Design Basis" criterion is proposed to be deleted is the confusion and controversy over the l meaning of the requirement.
- 2. Second, the proposed rule contains a detailed list of Engineered Safety Feature (ESF) systems for reporting. To support the time frame of this rulemaking initiative, FPC recommends each facility define ESF systems based on their current Final Safety Analysis Report (FSAR). This is Option 3 in the rulemaking package. Ultimately, as part of the initiative to risk-inform 10 CFR Part 50, a plant-specific, a risk-informed list should be used. This would include only those systems that were significant to safety. Additional effort and discussion in that area is needed. In the shcrt-term, the NRC should continue with the longstanding practice of relying on each facility's FSAR, shifting to a risk-informed approach when criteria are fully developed.
In addition to the above and attached comments, FPC has reviewed and endorses the comments contained in a proposed draft Nuclear Energy Institute (NEI) Event Reporting l Task Force (ERTF) response to the Federal Register notice (64 Federal Register 36291, I dated July 6,1999). No comments are being made against the proposed changes to, 10CFR72. -
This letter contains no new commitments. FPC appreciates the opportunity to comment on these important NRC proposed rules and would be willing to meet with you or your staff to ,
discuss these comments further.
Sincerely, '
4(bnhgt Sherry L. Ber oft Director, Nuclear Regulatory Affairs SLB/dwh Attachment xc: NRC Document Control Desk l
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.' U.S. Nucle:r Regulatory Commission 3F0999-05 Page 3 of 6 ATTACHMENT COMMENTS ON PROPOSED CHANGES These comments are in response to the Federal Register notice concerning proposed rulemaking on Reporting Requirements for Nuclear Power Reactors (64 Federal Register 36291, dated July 6,1999).
Reporting of Component Level Failures FPC supports the NEl position that strongly objects to the new requirements added by 10CFR50.73(a)(2)(ii)(C) to report a component being in a degraded condition. This last minute addition does not meet any of the NRC's stated objectives to align reporting to needs, reduce the burden of reporting items of little safety significance, and clarity in reporting. It is clearly a data collection effort that does not relate to event reporting. The need for this component level information should be addressed through other, existing, material reporting systems, The proposed change adds a new requirement to report a component degradation or non-conforming condition, if: (a) the ability of the component to perform its specified safety function is significantly degraded; and (b) the condition could reasonably be expected to apply to other similar components in the plant. This newly proposed criterion was neither included in the advance notice of proposed rulemaking (ANPR) published in July 1998 nor included for discussion in the public meeting on November 13, 1998. This attempt to capture components which are degraded, but do not render a system inoperable, is a proposed addition that lacks clarity and is subject to varying levels of interpretation.
Some propose that this information is already being submitted under the current "outside the design bases" (ODB) criterion, but this is not so. As stated in the ANPR, one of the reasons for deleting the ODB criterion is the confusion and controversy over the meaning of the requirement. Even with the deletion of the ODB criterion, conditions will continue to be reported if they result in a loss or partial loss of capability to perform a safety function.
Such a great degree of uncertainty and lack of clarity exists in this newly proposed requirement, that the potential exists to greatly increase the number of required LERs.
In addition, the nawly proposed criterion is contrary to the stated objectives and diverges from the intent of the proposed rule change:
The rule change is intended to obtain reporting that is more consistent with the risk significance of the systems involved, yet the proposed section is focused on the component level as opposed to the stated objective of' risk significance of the systems.
The rule change is intended to reduce reporting burden, yet many increases in burden can be identified:
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U.S. Nuclear Regulitory Comrnission 3F0999-05
- P ge 4 of 6 This would impact the Control Room Operators. Since the Nuclear Shift Manager or Shift Technical Advisor typically reviews all corrective action documents for reportability, every component failure would have to be scrutinized in much more detail.
This would impact the Engineering Staff. Each component failure would need to be evaluated for " significance" of the " degradation" even though the system remained operable. Also, since this rule will likely require more LERs to be written, the engineering personnel would be involved in a greater number of root cause evaluations. In addition, an increased number of root cause evaluations and LERs would require increased senior management review.
Due to the lack of clarity in the criterion, varying interpretations would require LERs to be written for non-safety significant events. These include writing LERs for maintenance preventable functional failures (MPFFs), minor differences in equipment qualification (EQ) life span, and trivial differences in seismic qualification that do not render the system inoperable.
The rule change is intended to clarify the reporting requirements, yet as written the proposed criteria is not clear and is subject to varying interpretation. Use of the terms "significantly degraded," "could reasonable be expected," and "similar components" contribute to this lack of clarity.
The stated " objective" of the criterion is to " allow" continued reporting of design basis or other discrepancies on a (component level), yet current criterion do not require this. There are no current requirements to report component failures or degradations that do not impact operability. Previously established guidance in Generic Letter 91-18 and Generic Letter 91-18, Revision 1, provide for determining the operability of structures, systems or components (SSCs). By using these guidelines, SSCs may be determined to be operable, but not fully qualified (degraded). Because these SSCs categorizations do not affect system or train operability, no reporting in accordance with 10CFR50.72/50.73 has been previously required, except for conditions identified as being pronibited by Technical Specifications. The new criterion to report degraded SSCs that have generic implications represents a reporting threshold far below that previously required.
It is important to note that the newly proposed criterion is somewhat redundant with existing reporting guidance. The discussion in NUREG 1022, Revision 1, pertaining to 10CFR50.73(a)(2)(vii), states: "In addition, if the cause or condition caused components in Train A of one system and in Train B of another system (i.e., train that is assumed in the safety analysis to be independent) to become inoperable, the event must be reported."
Significant component defects are also covered under 10CFR21 and additional discussion on component failures is also provided under conditions prohibited by Technical Specifications.
[ U.S. Nuclear Regulatory Commission 3F0999-05
- Page 5 of 6 If component data is needed, it is currently available through other sources. Efforts should be made to obtain data from the Equipment Performance information Exchange (EPlX) and Maintenance Rule reports. Component failure data is also available to the industry via the Nuclear Network. The licensee's use of industry information is routinely inspected by the NRC. In addition, the Resident inspector Program closely monitors operational status and communicates it to Regional and NRR personnel. This information is reviewed for generic implications. ,
Engineered Safety Feature (ESF) System Actuations There is a separate initiative to risk inform 10CFR50. As part of that initiative, reporting of ESF actuations should be based on risk significance. This is Option 2 in the proposed rule.
FPC supports the NEl position that the necessary criteria have not been adequately established to make the shift as part of this rulemaking. The optimum approach is to return to the longstanding practice that uses the licensees FSAR to define the ESF systems. As part of the rule change to risk inform 10CFR50, this section should be changed to include a risk informed list.
In the proposed rule, the term "any engineered safety feature (ESF), including the reactor protection system (RPS)," which currently defines the systems for which actuation must be reported in 10CFR50.72(b)(2)(iv) and 10CFR50.73(a)(2)(iv), would be replaced by a specific , list of systems. In addition to this proposed list of systems, three principal alternatives to the proposed rule have been identified for comment. These include: (Option
- 1) maintaining the status quo; (Option 2) requiring use of a plant-specific, risk-informed list; or, (Option 3) returning to the pre-1998 situation before publication of the event reporting guidelines in NUREG-1022, Revision 1.
FPC supports the NEl position that Option 3 best meets the near term goal of clarity and simplicity. This returns to the pre-1998 situation whereby reporting would be required for the actuation of "any ESF" as is defined in each facility's FSAR. It would however be irnportant to include examples of non-reportable exceptions in the implementing guidance for systems that are considered to be ESFs, yet have lower levels of risk significance (control room ventilation systems, reactor building ventilation systems, fuel building I ventilation systems, auxiliary building ventilation systems, etc.).
Reporting of Historical Events FPC supports the NEl position that two years is the appropriate time period for reporting historical events. Although three years is consistent with the time period that performance indicators are tracked under the new oversight process, FPC asserts that no safety '
significance exists for 10CFR50.73 reporting of historical events which occurred more than two years ago. Two years encompasses one refueling cycle of operation. Significant effort I can be expended searching back in history for historical events. Reporting historical events more than two years old provides a low safety benefit and unnecessarily increases the j reporting burden.
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[ U.S. Nucle:r Regulatory Commission I 3F0999-05 I e Page 6 of 6 The proposed amendments would add provisions to sections 10CFR50.73(a)(2)(i)(B) and 10CFR50.73(a)(2)(v) to eliminate reporting of a condition or event that did not occur within three years of the date of discovery. This exclusion of such historical events and conditions should be extended to all written reports required by Section 50.73(a).
No safety significance exists for 10CFR50.72 reporting of historical events. FPC therefore l believes that 10CFR50.72 should clearly indicate that this is for current conditions and not require reporting of historical events.
Required initial Reporting Times in the interest of sirnplicity, the proposed amendmcats should maintain only three basic levels of required reporting times in 10CFR50.72 (1 hour and 8 hours9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br />), and 10CFR50.73 (60 days).
FPC agrees with the revised reporting times based on importance to risk and extending the required reporting times consistent with the need for prompt NRC action. Additionally, the increased time for submittal of LERs will allow for completion of required engineering evaluations after event discovery, provide for more complete and accurate LERs, and result in fewer LER supplemental reports. FPC does not believe that additional levels of reporting are required.
Comment 7 and Response (FR Page 36293)
In response to recommendations to stop reporting invalid ESF actuations, the proposal stated: "The comments are partially accepted. The proposed amendments would eliminate the requirement for telephone notification of an invalid actuation under 10CFR50.72.
Invalid actuations are generally less significant than valid actuations because they do not involve plant conditions (e.g., low Reactor Coolant System pressure) conditions that would warrant system actuation. Instead, they result from other causes such as a dropped electricallead during testing. However, the proposed amendments would not eliminate the requirement for a written report of an invalid actuation under 10CFR50.73."
FPC supports the NEl position that no significance is associated with reporting invalid ESF actuations and believes that the above response supports the contention that they are not significant. Invalid ESF actuations should not be reported.
Reporting only valid ESF actuations that address the response of the plant to actual challenges would accomplish the intended change. Contrary to the NRC's expectations, reporting of invalid actuations will not provide the information needed to estimate equipment reliability parameters. This information should be collected through less burdensome mechanisms, such as Equipment Performance Information Exchange (EPIX) and Maintenance Rule reports.