ML003684803
| ML003684803 | |
| Person / Time | |
|---|---|
| Issue date: | 02/09/2000 |
| From: | Strosnider J Division of Engineering |
| To: | Marion A Nuclear Energy Institute |
| Carpenter C E | |
| References | |
| TAC MA5312 | |
| Download: ML003684803 (13) | |
Text
February 9, 2000 Mr. Alex Marion Nuclear Energy Institute 1776 I Street, N.W., Suite 400 Washington, D.C. 20006-3708
SUBJECT:
STAFF RESPONSE TO NUCLEAR ENERGY INSTITUTE PROPOSED FLOW CHART ON PROCESS FOR VOLUNTARY INDUSTRY INITIATIVES ACTIVITIES
Dear Mr. Marion:
On Tuesday, December 21, 1999, I and several members of the U.S. Nuclear Regulatory Commissions (NRC) staff met with you and Mr. David Modeen (Nuclear Energy Institute - NEI),
Mr. Gary Vine (Electric Power Research Institute - EPRI) and other interested stakeholders in a public meeting at the NRCs headquarters in Rockville, MD. This meeting was the third public meeting the staff has held with interested stakeholders on developing guidelines for voluntary industry initiatives (VIIs). This meeting was held at your request, made during the second stakeholders meeting in Rosemont, IL, on October 27, 1999. The meeting summaries for these two meetings, dated November 18, 1999, and February 3, 2000, respectively, are publicly available.
During the December 21, 1999, meeting, you presented a flow chart entitled "Simplified Process for Voluntary Industry Initiatives (VIIs) - Proposed," (Enclosure 1) which describes NEIs proposed actions to be taken by both the NRC and the industry when an issue is identified as a candidate for a VII. You requested staff comments on this flow chart. During a telephone conference call with you and Mr. Modeen on Wednesday, January 18, 2000, I discussed your flow chart with you.
Also during the January 18, 2000, telephone call with you, I again asked if NEI plans to provide specific written comments to the staff on developing a process for implementation of VIIs. This offer had been extended to all interested parties in general, and NEI in particular, during both of the above meetings, and in a Federal Register notice dated December 13, 1999 (64 FR 238).
Specifically, the staff solicited comments, up to and including proposed guidelines in toto, from NEI and other stakeholders by January 15, 2000. This date was selected to allow the staff time to incorporate comments received into the staffs response to the May 27, 1999, staff requirements memorandum (SRM) from the Commission on "The Use by Industry of Voluntary Initiatives in the Regulatory Process," SECY-99-063, dated March 2, 1999.
During both public meetings, you indicated NEI will provide formal comments regarding the staffs proposed guidelines. During the recent telephone call, you stated that you intend to provide some initial principles related to VIIs in early February 2000, and additional comments by early March 2000, following an NEI meeting with senior nuclear utility executives. The staff welcomes your comments, and will consider your input, based on schedule considerations, in the staff's response to the SRM, which is due to the Commission by May 24, 2000.
Mr. Alex Marion Regarding the December 21, 1999, flow chart, the staff has studied your proposal, and finds that the process you described can be further clarified and streamlined, as shown in the NRCs flow chart (Enclosure 2). Specifically, the reasoning behind the NRCs flow chart is as follows:
Box 1 - Issue Identified By / To NRC: The NRC staff becomes aware of an issue of potential concern (either by being informed by the industry, the public, another government entity, through its own investigations, or other means). The staff will evaluate the issue per 10 CFR 50.109, to determine if it involves adequate protection, a needed safety enhancement, and/or is a compliance exception to existing Rules and/or regulations.
The issue will be evaluated through the Office of Nuclear Reactor Regulation (NRR)
Executive Team to ensure that the issue is of sufficient importance to inform and meet with the industry, or to take regulatory action, if justified. The staff informs the industry of this concern, and schedules a meeting with industry to discuss potential actions.
Box 2 - Issue Identified By / To Industry: The industry becomes aware of an issue of potential concern (either by being informed by the staff, through its own investigations, or other means), and evaluates the issue to determine proposed response. The industry informs the staff of this concern, and schedules a meeting with the staff to discuss proposed industry actions.
Box 3 - NRC / Industry Meets on Issue: If the staff identified the issue, the industry is presented with the staffs findings, and is invited to evaluate the issue and develop a response to present to the staff to adequately disposition the issue. If industry identifies the issue, the staff is presented with the industrys findings, and is asked to evaluate and approve the industrys proposed response to adequately disposition the issue. The staff and industry may meet more than once at this point in the process.
Box 4 - NRC Takes Regulatory Action: The NRC staff, having evaluated the issue and determined that it involves adequate protection, begins appropriate steps to take needed regulatory actions (e.g., Rule-making, issuing appropriate generic communications, Orders. etc.).
Box 5 - NRC/Industry Agree on VII: If the industry and the staff, after having evaluated and met on the issue, reach a timely consensus on industry actions to be taken, which could include no immediate action but with long-term surveillance and future appropriate and applicable actions to be developed as the result of this surveillance, or specific actions and/or performance-based standards addressing the issue developed and implemented by either the industry as a whole, specific owners groups, or multiple affected licensees, the staff will inspect, as appropriate, these agreed-upon actions.
Box 6 - NRC / Industry Does NOT Agree on VII: If the industry and the staff, after having evaluated and met on the issue, cannot reach a timely consensus on industry actions to be taken, the NRC staff, having determined that the issue involves either a needed safety enhancement and/or compliance with existing Rules and/or regulations, begins appropriate steps to take needed regulatory actions (e.g., Rule-making, issuing appropriate generic communications, Orders. etc.)
Mr. Alex Marion A major key to the success of this approach is timely and frequent communications between the affected licensees/industry and the staff.
Please contact C. E. (Gene) Carpenter, Jr., of my staff at (301) 415-2169, if you have any further questions regarding this subject.
Sincerely, Jack R. Strosnider, Director /ra/
Division of Engineering Office of Nuclear Reactor Regulation
Enclosure:
As stated cc: See next page
Mr. Alex Marion A major key to the success of this approach is timely and frequent communications between the affected licensees/industry and the staff.
Please contact C. E. (Gene) Carpenter, Jr., of my staff at (301) 415-2169, if you have any further questions regarding this subject.
Sincerely, Jack R. Strosnider, Director Division of Engineering Office of Nuclear Reactor Regulation
Enclosure:
As stated cc: See next page Distribution:
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Per 10 CFR 50.109, NRC Evaluates Issue Industry Evaluates Issue and Develops and Determines If Issue Involves Adequate Proposed Response.
Protection, Safety Enhancement, and/or Compliance Exception (3) NRC / Industry Meets on Issue
if NRC-Identified, Industry Presented with Option to Pursue as VII
If Industry-identified, Staff Presented with Proposed Industry Actions (4) NRC Takes Regulatory Action:
NRC Determines Issue Involves (5) NRC / Industry Agrees on VII:
Adequate Protection and Takes Regulatory Action NRC/Industry Agrees to VII Program; NRC Monitors or Inspects, as Appropriate, Industry Actions:
No Immediate Action but with Long-Term Surveillance and Future Actions As Appropriate and Applicable (6) NRC / Industry Do NOT Agree on VII: Proposed VII - Industry-Wide, Owners Group, or Multiple Licensees - Commit to Specific Actions and/or NRC Determines Issue is Safety Performance-Based Standards that Address Issue Enhancement / Compliance Exception AND No Immediate VII agreed to, NRC Takes Regulatory Action Enclosure 2
Nuclear Energy Institute Project No. 689 cc:
Mr. Ralph Beedle Mr. H. A. Sepp, Manager Senior Vice President Regulatory and Licensing Engineering and Chief Nuclear Officer Westinghouse Electric Company Nuclear Energy Institute P.O. Box 355 Suite 400 Pittsburgh, Pennsylvania 15230-0355 1776 I Street, NW Washington, DC 20006-3708 Mr. Alex Marion, Director Programs Nuclear Energy Institute Suite 400 1776 I Street, NW Washington, DC 20006-3708 Mr. David Modeen, Director Engineering Nuclear Energy Institute Suite 400 1776 I Street, NW Washington, DC 20006-3708 Mr. Anthony Pietrangelo, Director Licensing Nuclear Energy Institute Suite 400 1776 I Street, NW Washington, DC 20006-3708 Mr. Jim Davis, Director Operations Nuclear Energy Institute Suite 400 1776 I Street, NW Washington, DC 20006-3708 Ms. Lynnette Hendricks, Director Plant Support Nuclear Energy Institute Suite 400 1776 I Street, NW Washington, DC 20006-3708 Mr. Charles B. Brinkman, Director Washington Operations ABB-Combustion Engineering, Inc.
12300 Twinbrook Parkway, Suite 330 Rockville, Maryland 20852
Boiling Water Reactor Owners Group Project No. 691 cc:
Mr. W. Glenn Warren New York Power Authority BWR Owners Group Chairman 14th Floor Mail Stop 14K Southern Nuclear Company Centroplex Building 42 Inverness Parkway 123 Main Street PO Box 1295 White Plains, NY 10601 Birmingham, AL 35201 Mr. Thomas G. Hurst Mr. James M. Kenny GE Nuclear Energy BWR Owners Group Vice Chairman M/C 182 PP&L, Inc. 175 Curtner Avenue Mail Code GENA6-1 San Jose, CA 95125 Allentown, PA 18101-1179 Mr. Thomas A. Green Mr. Thomas J. Rausch GE Nuclear Energy RRG Chairman M/C 182 Commonwealth Edison Company 175 Curtner Avenue Nuclear Fuel Services San Jose, CA 95125 1400 Opus Place, 4th Floor Downers Grove, IL 60515-5701 Mr. Drew B. Fetters PECO Energy Nuclear Group Headquarters MC 61A-3 965 Chesterbrook Blvd.
Wayne, PA 19087-5691 Mr. H. Lewis Sumner Southern Nuclear Company 40 Inverness Parkway PO Box 1295 Birmingham, GA 35201 Mr. Carl D. Terry Vice President, Nuclear Engineering Niagara Mohawk Power Corporation Nine Mile Point - Station OPS Bldg/2nd Floor PO Box 63 Lycoming, NY 13093 Mr. George T. Jones PP& L, Inc.
MC GENA6-1 Two North Ninth Street Allentown, PA 18101 Mr. John Kelly
Boiling Water Reactor Vessel & Internals Project Project No. 704 cc:
Bill Eaton, Executive Chair Carl Larsen, Technical Chairman Inspection Committee BWRVIP Inspection Task Entergy Operations, Inc. P.O. Box 157 PO Box 756, Waterloo Rd Vernon, VT 05354 Port Gibson, MS 39150-0756 H. Lewis Sumner, Executive Chairman John Wilson, Technical Chairman BWRVIP Mitigation Task BWRVIP Mitigation Task Southern Nuclear Operating Co. Clinton Power Station, M/C T-31C M/S BIN B051, PO Box 1295 P.O. Box 678 40 Inverness Center Parkway Clinton, IL 61727 Birmingham, AL 35201 Harry P. Salmon, Executive Chairman Vaughn Wagoner, Technical Chairman BWRVIP Integration Task BWRVIP Integration Task New York Power Authority Carolina Power & Light Company 123 Main St., M/S 11 D One Hannover Square 9C1 White Plains, NY 10601-3104 P.O. Box 1551 Raleigh, NC 27612 George T. Jones, Executive Chair Bruce McLeod, Technical Chairman BWRVIP Repair Task BWRVIP Repair Task Pennsylvania Power & Light, Inc. Southern Nuclear Operating Co.
M/S GEN A 61 Post Office Box 1295 2 N 9th Street 40 Inverness Center Parkway Allentown, PA 18101-1139 Birmingham, AL 35201 Robert Carter, EPRI BWRVIP Tom Mulford, EPRI BWRVIP Assessment Manager Integration Manager Greg Selby, EPRI BWRVIP Raj Pathania, EPRI BWRVIP Inspection Manager Mitigation Manager EPRI NDE Center Ken Wolfe, EPRI BWRVIP P. O. Box 217097 Repair Manager 1300 W. T. Harris Blvd. Electric Power Research Institute Charlotte, NC 28221 P. O. Box 10412 3412 Hillview Ave.
Joe Hagan, BWRVIP Vice Chairman Palo Alto, CA 94303 PEPCO Energy Co.
MC 62C-3 James P. Pelletier, BWRVIP Liaison 965 Chesterbrook Blvd to EPRI Nuclear Power Council Wayne, PA 19807-5691 Nebraska Public Power District 1200 Prospect Avenue Steve Lewis, Technical Chairman PO Box 98 BWRVIP Assessment Task Brownville, NE 68321-0098 Entergy P. O. Box 756 Waterloo Road Port Gibson, MS 39150
CE Owners Group Project No. 692 cc:
Mr. Gordon C. Bischoff, Project Director CE Owners Group ABB Combustion Engineering Nuclear Power M.S. 9615-1932 2000 Day Hill Road Post Office Box 500 Windsor, CT 06095 Mr. Ralph Phelps, Chairman CE Owners Group Omaha Public Power District P.O. Box 399 Ft. Calhoun, NE 68023-0399 Mr. Ian C. Rickard, Director Nuclear Licensing ABB Combustion Engineering Nuclear Power 2000 Day Hill Road Post Office Box 500 Windsor, CT 06095 Mr. Charles B. Brinkman, Manager Washington Operations ABB Combustion Engineering Nuclear Power 12300 Twinbrook Parkway, Suite 330 Rockville, MD 20852
Westinghouse Owners Group Project No. 694 cc:
Mr. H. A. Sepp, Manager Regulatory and Licensing Engineering Westinghouse Electric Corporation P.O. Box 355 Pittsburgh, PA 15230-0355 Mr. Andrew Drake, Project Manager Westinghouse Owners Group Westinghouse Electric Corporation Mail Stop ECE 5-16 P.O. Box 355 Pittsburgh, PA 15230-0355 Mr. Jack Bastin, Director Regulatory Affairs Westinghouse Electric Corporation 11921 Rockville Pike Suite 107 Rockville, MD 20852
B&W Owners Group Project No. 693 cc:
Randy Hutchinson, Chairman B&WOG Executive Committee Vice President Operations Arkansas Nuclear One Entergy Operations, Inc.
1448 S.R. 333 Russellville, AK 72801-0967 Mr. W. W. Foster, Chairman B&WOG Steering Committee Director of Safety Assurance Duke Power Company Oconee Nuclear Station P.O. Box 1439 Seneca, SC 29679 Mr. J. J. Kelly, Manager B&W Owners Group Services Framatome Technologies, Inc.
P.O. Box 10935 Lynchburg, VA 24506-0935 Mr. F. McPhatter, Manager Framatome Cogema Fuels 3315 Old Forest Road P.O. Box 10935 Lynchburg, VA 24506-0935 Mr. R. Schomaker, Manager Framatome Cogema Fuels 3315 Old Forest Road P.O. Box 10935 Lynchburg, VA 24506-0935 Mr. Michael Schoppman Licensing Manager Framatome Technologies, Inc.
1700 Rockville Pike, Suite 525 Rockville, MD 20852-1631
Electric Power Research Institute Project No. 669 cc:
Mr. Gary L. Vine Senior Washington Representative Electric Power Research Institute 2000 L Street, N.W., Suite 805 Washington, DC 20036 Mr. James F. Lang Electric Power Research Institute Post Office Box 217097 1300 W.T. Harris Boulevard Charlotte, NC 28262 Mr. Bindi Chexal Electric Power Research Institute Post Office Box 10412 Palo Alto, CA 94303 Mr. Raymond C. Torok Project Manager, Nuclear Power Group Electric Power Research Institute Post Office Box 10412 Palo Alto, CA 94303