ML040050091

E-Mail from K. Smith to L. Smith, Regarding ANO, Manual Actions, Etc

ML040050091
Person / Time
Site:	Arkansas Nuclear
Issue date:	08/26/2002
From:	Smith K NRC Region 4
To:	Laura Smith NRC Region 4
References
FOIA/PA-2003-0358
Download: ML040050091 (3)

Text

Linda Smith- Re: ANDmanual actions, etc. Pa.e 1 From: Karla Smith'\He1 To: Linda Smith Date: 8/26/02 1:47PM

Subject:

Re: ANO, manual actions, etc.

Linda, I think Geary Mizuno, OGC, should be Invited to the planned conference call too, since an OGC issue has been raised and since he assisted us with the plant-specific backfit fire protection issue related to ANO. I realize this meeting deals with the generic Issue that NEI raised. Tell me what you think? If you agree, I will forward him the e-mails as background.

Thanks Karla Karla D. Smith RIV Regional Counsel 817-860-8271 (w) 817-860-8122 (f) kdslnrc.gov

>>> Linda Smith 08/23/02 08:18AM >>>

One additional thought - I know this approach was only recently approved by the ET, but have you had time to identify the vehicle for promulgating the approach and do you have any Idea how soon it would be available for the licensees to use?

Thanks again for your help. .

t (U .'>>> Eric Weiss 08/23/02 05:41AM >>>

Linda-

<vit would seem to me that if the only violation Is a minor violation for failure to seek an exemption or deviation and there were no other safety Issues or violations, then a Fire Watch would not be necessaryj

-Eric

>> Eric Welss!08I/22IJO2 03 :47PM >>

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.. '..-. -. . Pnei 2 XI Linda-I have some additional info to share:

Feasible manual actions are defined In the lesson plan in detail [ML013370302 Urto NEI (Marion) from Hannon November 29, 2002 provides copy of lesson plan on Manual Actions]. Briefly, a feasible manual action has three attributes:

t9J2)1. Procedures and training for manual actions to be performed

2. Thermal-hydraulic timeline or other analysis to show that there is adequate time, staffing, and diagnostic instrumentation to perform manual actions

3. Acceptable environmental conditions (temp, radiation, lighting, accessibility).

HQ has suggested to the regions that If manual actions are safe and feasible then the only violation is a minor violation for failure to obtain an exemption or deviation. The licensee would enter that in a corrective action program at an appropriate level of priority and rulemaking would subsequently obviate the need for submitting an exemption or deviation.

I will be making a speech at the NEI Fire Protection Information Forum next week In Seattle on this subject and additional communications will be part of a communications plan.

DIPM/IJPB (Doug Coe) Is working on Inspection guidance and my staff has now opened a dialogue with OE for enforcement policy that will be part of the Commission paper for the proposed rule.

DRIP/RRRP the lead for the proposed rulemaking and commission paper. Bill Huffmap Is the project manager for this rulemaking with technical support from SPLB (Phil Qualls).

-Eric

>>> Eric Weiss 08/22/02 12:07PM >>>

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Bill-The clearest and most definitive description of the meeting between NRC and NEI on manual actions is contained in ML021980448 Mtg Minutes for June 20, 2002 (Memo from Birmingham to Grimes July 19.

2002). I think some key points are:

VP, "...the staff does not intend to suspend Inspection or enforcement related to manual actions. The staff r ).PP noted that violations would be written for manual actions that were not considered to be feasible but would not be focused on whether feasible manual actions had received prior NRC approval. The staff agreed to consider the need for revised or additional inspection and enforcement guidance."

Yesterday, the ET athorized the staff to proceed with developing a rulemaking plan to amend III.G.2 to accept safe and feasible manual actions. Of course this Is only permission to start a long process but I think we can issue inspection guidance and interim enforcement policy on a faster timetable now that we have green light.

I hope that helps.

-Eric

>>> William Reckley 08/22/02 11:36AM >>>

tLv Region IV has had a couple more conversations with the licensee re: the crediting of manual actions In an Appendix R fire protection plan. The licensee has in turn consulted with NEI and heard a different account of the meeting and their understanding of the state of things. The region has suggested, and it appears to be necessary, that we have an internal (NRR and RIV) conversation to make sure we are on the same page and to develop a plan to correct the apparent communication problem between us and industry. I'll talk to the region and propose a time'sometime next week for a call. Let me know if there are any issues or specific topics we should include on the agenda.