LD-94-065, Submits Proposed Language Related to Tier 2 for Sys 80+ Design Certification Rule

Submits Proposed Language Related to Tier 2 for Sys 80+ Design Certification Rule

ML20076K510
Person / Time
Site:	05200002
Issue date:	10/28/1994
From:	Brinkman C ABB COMBUSTION ENGINEERING NUCLEAR FUEL (FORMERLY, ASEA BROWN BOVERI, INC.
To:	Crutchfield D NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
References
LD-94-065, LD-94-65, NUDOCS 9411010253
Download: ML20076K510 (2)

Text

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ABB October 28,1994

.- LD-94-065 52.'002 t

U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Document Control Desk Attn: Mr. Dennis Crutchfield I

Subject:

Proposed Language Related to Tier 2* for System 80+ Design Certification Rule

Dear Mr. Crutchfield:

l On October 24,1994, ABB-CE held a public meeting with NRC staffincluding representatives of the Office of General Counsel (OGC) to discuss matters pertaining to the System 80+ Design Control Document (DCD) and preparation of that documer.t for design certi6 cation rulemaking proceedings, which will commence soon.

During the course of that meeting, ABB-CE expressed concern with present uncertainties involving the nature of the change process for what has been designated by Staff as Tier 2* '

material in the DCD. In particular, ABB-CE is concemed that  ;

1) Tier 2* material may be automatically pre-designated in the proposed rule as an "unreviewed safety question" for purposes of implementing the 10 C.F.R. % 50.59-like i process, even in cases where changes are presently perceived by ABB-CE and Staff not to involve an actual unreviewed safety question; or

2) Changes to Tier 2* material may otherwise be interpreted to require an amendment

• to the COL.

Accordingly, we proposed to submit to NRC, and were invited by Staff to submit, recommended language for the proposed design certification rule which would address change procedures for Tier 2* material in the DCD. That recommended alternative language follows:

At least 60 days prior to implementing a proposed plant-specific change to that design material designated as Tier 2* material in the DCD, the COL applicant or licensee shall notify NRC Staff of the proposed change and shall provide Staff with a safety evaluation, l in accordance with the terms of 10 C.F.R. Q 50.59, demonstrating that the change does i not involve an unreviewed safety question nor a change in the certified design material.

.After 60 days following such notification to the Staff, the COL applicant or licensee may make the proposed change unless Staff has, within that time, notified the COL applicant or licensee that the change does involve an unreviewed safety question or that additional time is required by Staff to determine whether an unreviewed safety question is involved.

ABB Combustion Engineering Nuclear Power F-~L4y 9L-q

1. '# ComtustKm Ergneenng inc P.o. Box S00 TW*x>re (203) 086-1911 1000 Prospect HA Fid. FM (203) ?85 5203 lQ k dDO hoho2 PDR \0

ABB-CE feels that this approach, which differs somewhat from an earlier proposal along similar i lines subinitted by the Nuclear Energy Institute, would reduce the operational burdens on NRC Sta,ff (vhile accomplishing the objective of ensuring that the Tier 2* material is not changed without Staffs prior knowledge. We would hope that Staff and OGC would , together, give this proposed alternative language their sincere consideration for inclusion in the System 80+

proposed design certification rule. I i

Thank you.

Sincerely yours, itaa '

Charles B. Brinkman Director I

Nuclear Systems Licensing cc: W. Russell (NRC)

M. Malsch (NRC)

G. Mizuno (NRC)

S. Magruder (NRC)

T. Wambach (NRC)

P. Lang (DOE)

E. Blake (SPPT)

J. Egan (E& A)

R. Bishop (NEI)

R. Simard (NEI)

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