IR 05000458/1979007
| ML19260D013 | |
| Person / Time | |
|---|---|
| Site: | River Bend  |
| Issue date: | 12/22/1979 |
| From: | Crossman W, Oberg C, Seidle W NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | |
| Shared Package | |
| ML19260D012 | List: |
| References | |
| 50-458-79-07, 50-458-79-7, NUDOCS 8002070249 | |
| Download: ML19260D013 (8) | |
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U. S. NUCLEAR REGULATORY C0!DfISSION OFFICE OF INSPECTION AND ENFORCEMENT
REGION IV
Report No. 50-458/79-07
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Docket No. 50-458 Category A2 Licensee:
Gulf States Utilities Post Office Box 2951 Beaumont, Texas 77704 Facility Name:
River Bend Station, Unit No. I Meetings at:
Baton Rouge, Louisiana (November 1, 1979)
Beaumont, Texas (November 2, 1979)
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NRC Participants: 4
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/. C. Seidle, Chief, Reactor Construction Date and Engineering Support Branch
/?bL/79 ms W. A. Crossman, Chief, Projects Section Date
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C. R. Oberg, Reactor Inspector, Projects Section Date Approved by:
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/ 7/2.>/"/f W. A. Crossman, Chief, Projects Section Date Meeting Summary Meetings on November 1 and 2. 1979 (Report No. 50-458 '9-07)
Meeting Topics:
Announced meeting with corporate management concerning plant status; NRC mission; NRC organization; Inspection and Enforcement Program; reporting of 10 CFR 50.55(e) matters; reporting of 10 CFR Part 21 matters; lowered threshold of reporting site related matters; and assignment of a Resident Inspector at River Bend.
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DETAILS 1.
Persons Contacted Principal Licensee Employees
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- Larry L. Humphreys, Senior Vice President, Engineering & Construction
- Dr. J. G. Weigand, General Manager, Nuclear Products
- J. E. Booker, Manager, River Bend Project
- Tom C. Crouse, Director, OA
- K. W. Richardson, Manager, Design Engineering
- Joe E. Wimberly, Superintendent Site Construction
- W. J. Reed, Supervisor, Nuclear Licensing
- J. M. Glazar, Project Engineer hPC Participants W. C. Seidle, Chief, RC&ES Branch, Region IV W. A. Crossman, Chief, Projects Section, Region IV C. R. Oberg, Project Inspector - River Bend, Region IV
- Denotes those attending the November 1 meeting.
- Denotes those attending the November 2 meeting.
2.
Meeting with Gulf States Utilities Management On November 1 and 2, the Region IV Construction and Engineering Support Branch Chief, the Construction Projects Section Chief, and the River Bend Project Inspector met with Gulf States Utilities (GSU) management personnel as denoted in paragraph 1.
The purpose of the meetings was to discuss selected areas of hTC organization and regulations with recently appointed members of GSU management.
During the meetings, the following topics were presented:
hTC Mission h3C Organization NRC Authority to Inspect Reactors IE Inspection Program Enforcement Program 10 CFR 50.55 (e) Reporting Requirements Part 21 Reporting Requirements Lowered Threshold for Reporting Site Related Events Resident Reactor Inspector Assignment at River Bend
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The following paragraphs document the details discussed in the above topics.
a.
NRC Mission The basic mission of the NRC, in general, is to protect the health and safety of the public.
Other related missions involve the protection
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of the environment; protection of nuclear materials and production plants; and to assure conformity with antitrust laws.
b.
NRC Organization The NRC is composed of the Commissioners and their staffs, the NRC staff, and five offices:
Office of Standards Development (SD); Office of Nuclear Material Safety and Safeguards (NMSS); Office of Nuclesr Reactor Regulation (NRR); Office of Nuclear Regulatory Research (RES);
Office of Inspection and Enforcement (IE).
These Offices and their primary functions were discussed.
An organizational chart of the NRC was provided for information.
c.
Authority of NRC to Inspect The NRC derives its authority to inspect from the Atomic Energy Act of 1954 as ammended and 10 CFR Part 50.70, " Inspections."
d.
IE Inspection Program The general program for inspections was discussed.
This includes the inspection of all licensed activities of nuclear power plants Specifically:
QA Programs Construction Pre-Op and Startup Testing Operations Radiation Protection Environmental Protection Plant Security Nuclear Material Accountability Vendor Shops
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Inspections can be announced or unannounced.
The policy is to conduct unannounced inspections.
Routine and reactive inspectione are performed.
Reactive inspections include allegations, special inspections, and investigations of unusual circumstances that require examination over and above routine inspections.
e.
NRC Enforcement Program
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(1)
Categories of Enforcement NRC enforcement policy was disseminated in a letter to the licensee dated December 31, 1974.
From an enforcement standpoint, all matters examined fall into one of four broad categories:
Acceptable Noncompliance with the Commission rules and regulations or licensee conditions Deviation from a license commitment that is not a specific requirement or license condition Unresolved to the extent that more information is needed to determine whether or not the finding lies in one of the three above categories (2)
Categories of Noncompliance The three categories of noncompliance are:
Violation - (immediate threat to health & safety)
Infraction - (potential threat to health & safety)
Deficiency - (threat to health & safety remote)
(3) Adequacy of Responses In accordance with part 2.201, the licensee's response to an item of noncompliance must include a reply to three questions:
(a) Corrective steps which have been taken by the licensee and the results achieved.
(b) Corrective steps which will be taken to avoid further noncompliance.
(c) Date when full compliance will be achieved.
The generic aspects of all items of noncompliance should be examined.
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(4) Enforcement Action Available to the Commission The commission will take whatever enforcement action is necessary to assure compliance.
Enforcement is not intended to be punitive action.
Enforcement alternatives include:
(a) Written Notice of Violation
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(b)
Civil Penalities - maximum $5,000/ day; $25,000 in 30 days for each item of noncompliance (c) Suspension of license (d) Modify license (e) Revoke license Persons who deliberately violate; attempt to violate or conspire to violate NRC Regulations and Orders are, upon conviction, subject to fines up to $5,000 and/or imprisonment for not more than two years.
f.
Part 50.55(e) Reporting Requirements The purpose of 10 CFR 50.55(e) is to promptly notify the NRC of signi-ficant design and construction deficiencies and to provide the NRC with a basis to evaluate the overall safety significance of reported deficiencies.
The requirements of 10 CFR 50.55(e) include notifying, evaluating and reporting of events.
The responsibility for reporting rests with the holder of the Construction Permit.
The conditions which were discussed:
they must be safety-related, could adversely affect safety of plant operation if not corrected, and must be significant.
Types and examples of reportable events were discussed.
The failure to report some recent events related to River Bend was noted.
Inspection Report 50-458/79-05 identifies an item of non-compliance relating to failure to report promptly in accordance with 10 CFR 50.55(e).
The NRC is to be notified promptly (within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />).
The " clock" starts when the licensee or his agent first finds the deficiency.
Since this may result in a conflict between prompt atification and necessary evaluation time, the following was suggested to the licensee:
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(1) Telephcne the regional office within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> if the deficency is
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considered reportable based on facts available within the 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> period.
(2)
Indicate there may be a need for more time for testing and analysis.
(3)
If preliminary results indicate the material is not acceptable, then
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extensive evaluation and/or rework may be required.
If so, it is clearly reportable.
(4)
If the item had not been promptly reported to NRC, an NRR or IE evaluation of the possible impact on the design and construction of other facilities could not be made in a timely manner.
(5)
If tests and analysis indicate there is no problem, then a sub-sequent 30 day written report is not required, and a simple letter to RIV stating this fact is an that is required.
(6) The licensee must maintain records to demonstrate that an adequate evaluation / analysis was made regarding the impact on safe operations.
Written reports are required within 30 days. Context of the report is stated in 10 CFR 50.55(e).
Interim reports must state the date when the final report or the next interim report will be issued.
- The licensee was urged to discuss reportability with the responsible IE inspector if there is doubt or if questions exist.
The ultimate responsibility for reporting is with the licensee.
If the licensee were to habitually evaluate events as non-reportable, the NRC would have to take appropriate corrective action.
Using this guidance, the licensee can provide prompt notification based on facts available within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> and still maintain the option to clarify the significance of the matter as further information is de-veloped.
g.
Part 21 Reporting Requirements The purpose of Part 21 is to require that deviations in safety-related activities or basic components be immediately reported to the NRC.
Dual reporting is not required.
Part 21 reporting is not required if the event falls within Part 21 and the occurrence is reported under 50.55(e) or Reg Guide 1.16.
In such cases:
The time requirement for an oral report is 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />, with a written report in 30 days for 50.55(e); and an oral report in 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />, with a written report in 14 days for Reg. Guide 1.16.
A non-licensee, upon hearing of a reportable defect, would be subject to Part 21 unless he had actual knowledge that the NRC
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has been adequately informed.
Duplicate reporting is not required if a non-licensee has actual knowledge of ade.;uate reporting prior to expiration of applicable Part 21 reporting times.
Non-licensees are not relieved of reporting to NRC if NRC is not adequately informed.
50.55(e) reports must include necessary ingredients of Part 21
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report as required by Part 21.21(b)(3).
Particular attention should be given to 21.21(b)(3)(VI) which speaks to generic considerations, i.e., non-licensees are responsible for providing information on all such components in question which the non-
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licensee may be uniquely qualified to provide.
Part 21 can not be used in lieu of 50.55(e).
50.55(e) does not have a provision like that included under 21.21(b) (last sentence)
to relieve the licensee of reporting under 50.55(e) where he has actual knowledge that the NRC has been adequately informed of a Part 21 report.
However, if a Part 21 report includes all the information required for 50.55(e), then it is acceptable for the licensee to simply reference the previously submitted Part 21 report.
h.
Lowered Threshold For Reporting Requirements There is heightened Commission interest in information regarding incidents, accidents, unusual occurrences and other events of interest occurring at or relating to activities licensed by the Com=ission.
This would include matters that potentially could have high public interest.
For plants under construction, the following should be reported to the region by telephone:
(1) Serious natural occurrences and their effects, e.g.,
flooding, hurricane, icing, earthquakes, tornados (2) Serious fires or explosions (3) Significant environmental events - chemical spills (4) Actual or threatened sabotage - malicious mischief bomb threats (5) Demonstrations resulting in arrests or violence (6) Lost or stolen licensed material, e.g., sources (7) Strikes which result in violence, damage or delay in critical path of more than one month
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(8) Deficiencies in design or construction of nuclear facilities which have the potential for delay in critical path of more than one month (9) An event which results in a fatality or a serious injury (10) Events in which national, state or local news media interest
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already exists or is expected (11) Other events of similar importance to those identified abvoe i.
Resident Reactor Inspector (RRI) Assignment at River Bend Assignment of an RRI to the River Bend Project is expected in January 1980, depending upon recruiting efforts.
The organizational relationship with the region was discussed as well as the RRI duties.
The licensee will be kept informed of the status of this matter.
3.
Summary In summary, the licensee was informed that he has principal and legal responsibility for all matters associated with the construction of the nuclear power plant as specified in applicable regulations; that Corporate management involvement is essential in all phases of the project to assure appropriate execution of the licensee's responsibilities; and that although the licensee may delegate the Q\\ authority contractually for activities related to design, procurement, fabrication, and construction, the respon-sibility to the NRC for all matters associated with the plant legally rests with the licensee.
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