ML17053B306

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Ack Receipt of Ny State Consumer Protection Board Requesting Info on as-built Drawing Requirements & Expressing Concerns Re Safety of Recent Refueling Outage. 10CFR50 & Kemeny Commission Recommendation B.6 Encl
ML17053B306
Person / Time
Site: Nine Mile Point Constellation icon.png
Issue date: 12/14/1979
From: Harold Denton
Office of Nuclear Reactor Regulation
To: Warden J
NEW YORK, STATE OF
Shared Package
ML17053B307 List:
References
NUDOCS 8001080015
Download: ML17053B306 (10)


Text

Nr. James F. Warden, Jr.

therefore had the greatest potential for setting outage duration, it is felt that a'iscussion of IEB 79-02 would be responsive to your request.

Therefore, the following paragraphs discuss the activity which accompanied this Bulletin as well as our thoughts on a desirable regulatory environment.

Through a telephone discussion with NRC staff at the Region I Offices on April 10, 1979 and an on-site inspection begun on tray 2, 1979, Niagara Hohawk was informed that the completion of anchor bolt testing in inaccessible areas i n accordance with IEB 79-02 was required prior to plant startup.

Niagara mohawk was also informed at this time that the NRC would review the results of anchor bolt testing at Nine Nile to evaluate the impact on plant startup.

The NRC requirement to test and repair the inaccessible anchor bolts during the outage was the minimum amount of work that would satisfy the NRC if one assumed a low failure rate of supports in normally inaccessible areas.

As stated in IEB 79-02, the objective of the anchor bolt testing program "should assure that each Seismic Category I system will perform its intended function."

Although there was no explicit NRC requirement to perform tests and repairs in accessible areas prior to plant startup (except as committed to in LER 79-12/T-O dated June 6, 1979), from a reactor safety standpoint, performance of the work in accessible areas was an appropriate, conservative action by the licensee in this instance.

Testing and repair of the accessible anchors was warranted in light of the deficiencies found in the testing of the normally inaccessible anchor bolts.

Niagara fiohawk satisfactorily ful-filled the intent of the Bulletin, through the testing program during the outage.

The Kemeny Commission recommendation B.6 (enclosed) addresses the concern that implementation of new safety measures at a reactor facility may be adversely impacted by the failure of State utility rate-making agencies to include the costs of such measures in the utility rate base.

The tlemeny Coranission has recommended that State rate-making agencies give explicit attention to the safety implications of rate making.

We agree with this recormendation and are considering further our role in the resolution of this matter.

Hopefully, the above is responsive to your request.

Please advise if informa<<

tion is required regarding other safety issues undertaken during the subject outage.

We would be glad to discuss this matter, or any other, with you further.

Enclosures and ccs:

See next page Sincerely, Uffizi/HCf,~"";I"ifg)I 84 Kllclltgg~

Har ol d R. Den on, Director Office of Nuclear Reactor Regulation

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Enclosures:

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Domestic Lfcensfng oi'roduction and Utfizatfon Facilities (10 CFR 50) 2.

Technica1 Specification, Nine Mile Point, Unit No.

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IE Bu'lletfn. 79-02 4.

Kemeny Commission Recorimendatfons cc w/o enlcosures:

l<r. Thomas Elsasser State Liason Offfcer Nuclear Regulatory Commission, Region I 631 Park Avenue Kfng of Prussia, Pennsylvania 19406 Mr. Robert D. Vessels, Director Offfce of Environmental Planning Nevi York State Public Service Coomfssfon New York State Empire Plaza Alba', New York 12223 Mr. Jay Dunkelberger New York State Energy Offfce 2 Rockefe'lier Plaza Albany, New York 12223 Mr. Donald P. Disc Vice President - Engineering Niagara Mohawk Power Corporation 300 Erie Boulevard Hest

Syracuse, New York 13202 MIs. Susan P.

Strommer The Honorable Robert C. McEwen U. S.

House of Representatives Room 2210 Rayburn House Off'fce Building Washington, D,

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w Hopefully, the above is responsive to your request.

Please advise if informa-tion is required regarding other safety issues undertaken during the subject outage.

We would be glad to discuss this matter, or any other, with you further.

Sincerely, Harold R. Denton, Director Office of Nuclear Reactor Regulation

Enclosures:

l.

Domestic Licensing of Production and Utiization Facilities (10 CFR 50) 2.

Technical Specification, Nine Mile Point, Unit No.

1 3.

IE Bulletin 79-02 4.

Kemeny Coma)ssion Recommendations cc w/o enlcosures:

Mr. Thomas Elsasser State Liason Officer Nuclear Regulatory Commission,'egion I

631 Park Avenue King of Prussia, Pennsylvania 19406 Mr. Robert D. Vessels, Director Office of Environmental Planning New York State Public Service Commission New York State Empire Plaza Albany, New York 12223 Mr. Jay Dunkelberger New York State Energy Office 2 Rockefeller Plaza

,AIbare, Ne>> York 12223 Nr. Donald P. Disc Vice President - Engineering Niagara Mohawk Power Corporation 300 Erie Boulevard West

Syracuse, New York 13202
  • SEE PREVIOUS YELLOW FOR CONCURRENCES Ms. Susan P.

Strommer The Honorable Robert C. McEwen U. S.

House of Representatives Room 2210 Rayburn House Office Building Washington, D. C.

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in accordance with IEB 79-02 was required prior to plant startup.

Niagara Mohawk was also informed at this time that the NRC would review the results of anchor bolt testing at, Nine Mile to. evaluate the impact on plant startup.

The NRC requirement to test and repair the inaccessible anchor bolts during the outage was the minimum amount of work that would satisfy the NRC if one assumed a low failure rate of supports in normally inaccessible areas.

's stated in IEB 79-02, the objective of the anchor bolt testing program "should assure that each Seismic Category I system will perforim its intended function.-"

Although there was no explicit NRC requirement

'to perform tests and repairs in accessible areas prior to plant startup (except as committed to in LER 79-12/T-0 dated June 6, 1979), from a reactor safety standpoint, performance of the work in accessible areas was an appropriate, conservative

.action by the licensee in this instance.

Testing and repair of the accessible anchors was warranted in light of the deficiencies found in the testing of the normally inaccessible anchor bolts.

Niagara Hohawk satisfactorily ful-filled the intent of the Bulletin, through the testing program during the

'utage.

The Kemeny Commission recommendation B.6 (enclosed) expresses a concern, which we share, that reactor. facility safety has the potential for being compromised due to apparent pressure by rate setting organizations.

This jressure may influence licensees to only do the minimum actions

~re uired by

'the NRC rather than independently determining that a satisfactorily con-servative course of action has been taken which embraces the NRC's minimum requirements. 'uch a result would not produce the desired 'regulatory environment where the utility who has dirgct responsibility for safe operation of the reactor facility has every incentive to manage facility operations in the best interest of the public health and safety.

The NRC has an oversight role to assur'e that the, licensee is fulfillingthis responsiblity for safe operation.

Hopefully, the above is responsive to your request.

Please advise if informa-tion is required regarding other safety issues undertaken during the subject outage.

Me would be glad to discuss this matter, or any other, with you further.

Sincerely,

Enclosures:

See next page Harold R. Denton, Director Office of Nuclear Reactor Re ul tion ORB g3 ORB I>3 PPolk:mjf ITp ol to OlrRICC~

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ROSEMARY S. POOLER Chairwarnan and Executive Oirector A

State of New York EXECUTIVE DEPARTMENT STATE CONSUMER PROTECTION BOARD 99 Washington Avenue Albany, New York 12210 October 18, 1979 Mr. Samuel Chilk Secretary

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Nuclear Regulatory.Commission Washington, D.C.

20555

Dear Mr. Chilk:

Would you please furnish the-CPB the following information?

Please furnish copies of any regulations concerning "as built" drawing requirements for files concerning nuclear power plants.

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/jp We are also concerned about whether Niagara Mohawk was required to extend the outage on the Nine Mile 41 to comply with NRC safety requirements for inspections.

Was Niagara Mohawk ordered to perform this work prior to startup and', if so, when.

Please furnish copies of orders, letters, internal memos, etc. if available.

Thank you for your attention to this recuest.

Sincerely, James F. Warden, Jr.

Principal Xntervenor JFW/td

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