ML16341F496
| ML16341F496 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 01/04/1990 |
| From: | Lieberman J NRC OFFICE OF ENFORCEMENT (OE) |
| To: | Sansome C AFFILIATION NOT ASSIGNED |
| References | |
| EA-89-085, EA-89-85, NUDOCS 9001100008 | |
| Download: ML16341F496 (8) | |
Text
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+~*y4 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 JAN 0'4 1990 Corrado Sansome 720 Gough St.,
It'54-San Francisco, California 94102-3183 This responds to your letter of De~ember 1, 1989, requesting this office to review the adequacy of Pacific Gas
& Electric Company's (PG&E) response to the Notice of Violation (NOV) in Enforcement Action (EA) 89-85 for Diablo Canyon.
I understand that you previously discussed with NRC's Region V office your concern about PG&E's response.
Specifically, as I understand it, your concern is directed to PG&E's statement fn its response to the NOV that it was in full compliance with NRC requirements even though it had not fully implemented corrective action to prevent recurrence of the violatfons.
In response to your concern, Region V rc-reviewed PG&E's response to thc design deficiencies related to the Auxiliary Saltwater Pumps (ASPs) that were addressed by EA 89-85 violations I.C.(1) and (2), and forwarded the results of that review to you in a letter dated October 31, 1989.
Your December 1, 1989,,letter to this office indicates that you disagree with Region V's assessment, citing 10 CFR Part 50, Appendix B,"Criterion. XVI, "Corrective Action," as support for your conclusion that full compliance is achieved only when all regulatory requfrcm(:nts have been met, incluaing both remcaial action and actions to pr(:cluae repetftion.
'6 Vfolatsons I.C.(l) and (2) in EA 89-85 in(volved the inaaequate review of design changes'to the auxiliary saltwater pumps,'nd werc cited against 10 CFR Part 50, Criterion III, "Design Control."
A1so, the NRC concluded that PG&E needed tu correct deffciencfes in its design process to prevent similar problems from occurring during future design modifications.,'ur letter to the lfcensee underscored our concern that PG&E engineering work had not been consistently thorough and comprehensive.
The licensee was required to respond to this violation pursuant to 10 CFR 2.201, as referenced in the Notice of Violation.
Sectfon 2.201 requires the response to include for each violation "...(3) the corrective steps that have been taken and the results
- achieved, (4) the corrective. steps which wi 11 be taken to avoid further violations, and (5) the. date when full compliance will be achieved."
These requirements are not necessarfly the same as those of 10 CFR Part 50, Appendix 8, Criterion XVI, "Corrective Action", because Section 2.201 addresses specific legal violations, while Criterion XVI can address either a broad programmatic problem or a specific implementation failure limited to corrective action.
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Corrado Sansome In its response to the design control violation, PGEE adequately addressed the sp~cific failure to perform an adequate design review for the ASPs, had by that tin~ adequately reviewed the ASP design, and thus, at the time of the response was in full compliance for the cited issue.
Other corrective actions taken to prevent recurrence, of which revision of NEHP 3,6 is one, were either completed or scheduled to be completed within a reasonable time frame and did not affect the date by which an adequate design review of the ASP modification was completed.
The actions specified to avoid further violations represented a more generic aspect to further strengthen the design review program.
The NRC's previous evaluation of PG&E's response remains unchanged; the actions taken by PG5E constituted full compliance in the area cited.
We will review the adequacy of those corrective actions during future inspections and assess the need at that time for any additional regulatory action, including possible enforcem nt action for a violation of 10 CFR Part 50, Appe<>dix 8, Criterion XVI, "Correcti ve Action. "
I trust that this letter has been responsive to your concern.
James Lieberman, Director Office of Enforcement cc:
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December 28, 1989 DISTRIBUTION Docket File PDR LPDR PD 5 JLee DOCKET'NO(S);.'50<<275 and 50-323
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To Those on Attached List PACIFIC GAS AHD ELECTRIC COHPAHY - DIABLO CAHYOH HUCLEAR POtKR PLAHT'*
The following documents concerning our review of the subject facility are transmitted for your information.
DESCRIPTION OF DOCUMENT" Notice of Receipt of Application Draft/Final Environmental Statement Notice of Availabilityof Draft/Final Environmental Statement Safety Evaluation Report, or Supplement No.
Environmental Assessment and Finding of No Significant Impact Notice of Issuance of Environmental Assessment Notice of, Consideration of Issuance of Facility Operating License or Amendment,to Facility Operating License
.DATED Biweekly Notice; Applications and Amendments to Operating Licenses Involvin No Si nificant Hazards Conditions See Page(s)
Exemption Construction Permit No. CPPR-Facility Operating License No.
Order Monthly Operating Report for Annual/Semi-Annual Report:
Other
, Amendment No.
,Amendment No.
transmitted by Letter transmitted by Letter Office of Nuclear Reactor Regulation
Enclosures:
As Stated cc:
See next page OFFICE>
SURNAME>
'ATEN S
PD5
'NRC FORM 318 ttoiao) NRCM 0240 OFFICIAL RECORD COPY
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ADDRESSEES:
Chief Division of Ecological Services Bureau of Sport Fisheries and Wildlife U.S. Department of the Interior Washington, D.C.
20240 Dr. William B. Stroube, Jr.
FDA Research Chemist National Bureau of Standards Reactor Building 235, Room B108 Gaithersburg, Maryland 20899 U.S. Environmental Protection Agency Region IX Office Attention:
Regional Radiation Representative 215 Fremont Street San Francisco, California 94105