ML070510265

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Ltr to J. T. Gasser from Reyes Acknowledgment of Southern Nuclear Operating Companys Appeal of Final Significance Determination for a White Finding (Inspection Report)
ML070510265
Person / Time
Site: Vogtle  
Issue date: 03/01/2007
From: Reyes L
NRC/EDO
To: Gasser J
Southern Nuclear Operating Co
Blamey A, 415-8709
References
EA-06-132
Download: ML070510265 (4)


Text

March 1, 2007 EA-06-132 Southern Nuclear Operating Company ATTN: Mr. J.T. Gasser Executive Vice President and Chief Nuclear Officer P.O. Box 1295 Birmingham, AL 35201-1295

Dear Mr. Gasser:

This letter refers to your correspondence dated January 12, 2007, (NL-07-0092) in reply to the U.S. Nuclear Regulatory Commission (NRC) Region II November 30, 2006, letter upholding the NRC White Finding and Notice of Violation for Plant Vogtle. The Notice of Violation related to the failure of Southern Nuclear Operating Companys (SNC) exercise critique to identify a weak or a deficient area in the full-scale emergency preparedness exercise conducted at Plant Vogtle on March 22, 2006. The issue was characterized by the Significance Determination Process (SDP) as White because the weakness was associated with a risk-significant planning standard which was determined to be a drill/exercise performance indicator opportunity failure. In your January 12 letter, you appealed the White Finding to the Executive Director for Operations pursuant to the Inspection Manual Chapter (IMC) 0609, Attachment 0609.02, Process for Appealing NRC Characterization of Inspection Finding (SDP appeal Process).

Your appeal of NRCs characterization of White risk significance is based on your contention that the NRC staff did not consider Vogtle specific hardware, procedures, guidance, and equipment configuration and that the NRC application of the Emergency Preparedness SDP failed to agree with NRC and industry guidance. Therefore, you believe that the NRC actions could have unintended consequences because they would be contrary to sound nuclear safety principles, and would contravene vital lessons learned and years of progress made by the industry.

In accordance with Attachment 0609.02, I will review your appeal and agree to a public meeting so that you can orally present your appeal. My review of this appeal will be limited to docketed correspondence. In reviewing your appeal I will consider:

(1) whether the NRC failed to consider, or incorrectly considered docketed information that is relevant to the appealed significance determination, (2) whether the significance determination was inconsistent with the applicable SDP guidance or lacked justification, or (3) whether the SDP provides an inappropriate outcome (e.g., adverse to safety).

J.T. Gasser In accordance with 10 CFR 2.390 of the NRC's Rules of Practice, a copy of this letter and your response will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records (PARS) component of NRC's document system (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room).

I appreciate your bringing this concern to my attention. Please contact Mr. Richard Laufer of my staff, at 301-415-1733 to establish a public meeting location, date and time.

Sincerely,

/RA/

Luis A. Reyes Executive Director for Operations cc: Vogtle Electric Generating Plant Mailing List

Vogtle Electric Generating Plant, Units 1 & 2 cc:

Mr. Tom E. Tynan Vice President - Vogtle Vogtle Electric Generating Plant 7821 River Road Waynesboro, GA 30830 Mr. N.J. Stringfellow Manager, Licensing Southern Nuclear Operating Company, Inc.

P.O. Box 1295 Birmingham, AL 35201-1295 Mr. J.T. Gasser Executive Vice President and Chief Nuclear Officer Southern Nuclear Operating Company, Inc.

P.O. Box 1295 Birmingham, AL 35201-1295 Mr. Steven M. Jackson Senior Engineer - Power Supply Municipal Electric Authority of Georgia 1470 Riveredge Parkway, NW Atlanta, GA 30328-4684 Mr. Reece McAlister Executive Secretary Georgia Public Service Commission 244 Washington St., SW Atlanta, GA 30334 Mr. Harold Reheis, Director Department of Natural Resources 205 Butler Street, SE, Suite 1252 Atlanta, GA 30334 Attorney General Law Department 132 Judicial Building Atlanta, GA 30334 Mr. Laurence Bergen Oglethorpe Power Corporation 2100 East Exchange Place P.O. Box 1349 Tucker, GA 30085-1349 Arthur H. Domby, Esquire Troutman Sanders Nations Bank Plaza 600 Peachtree Street, NE Suite 5200 Atlanta, GA 30308-2216 Resident Inspector Vogtle Plant 8805 River Road Waynesboro, GA 30830 Office of the County Commissioner Burke County Commission Waynesboro, GA 30830

J.T. Gasser In accordance with 10 CFR 2.390 of the NRC's Rules of Practice, a copy of this letter and your response will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records (PARS) component of NRC's document system (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room).

I appreciate your bringing this concern to my attention. Please contact Mr. Richard Laufer of my staff, at 301-415-1733 to establish a public meeting location, date and time.

Sincerely,

/RA/

Luis A. Reyes Executive Director for Operations cc: Vogtle Electric Generating Plant Mailing List DISTRIBUTION:

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EDO r/f OGC CCarpenter ABlamey ML070510265 OFFICE EDO OGC OE EDO NAME A. Blamey/sb C. Carpenter L. Reyes DATE 02/20/07 02/22/07 02/22/07 03/01/07