ML17059A289
| ML17059A289 | |
| Person / Time | |
|---|---|
| Site: | Nine Mile Point  |
| Issue date: | 05/05/1994 |
| From: | Varga S Office of Nuclear Reactor Regulation |
| To: | Ridings B AFFILIATION NOT ASSIGNED |
| References | |
| NUDOCS 9405090218 | |
| Download: ML17059A289 (10) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 May 5, 1994 Docket No. 50-220 Ben L. Ridings P.O.
Box 1101 Kingston, Tennessee 37763
Dear Mr. Ridings:
I am responding to your letter to me dated April 15, 1994, in which you expressed concern about not being furnished copies of P & IDs [piping and instrumentation drawings]
used for review of containment integrity at Nine Mile Point Nuclear Station Unit No.
1 (NMP-1).
In accordance with 10 CFR 9.15 (Enclosure 1), the NRC will make available for public inspection and copying any reasonably described agency record in the possession and control of the NRC.
Records that the NRC makes publicly available in its public document room are described in 10 CFR 9.21 (Enclosure 2).
- However, as noted in my January ll, 1994, letter to you, the NRC does not maintain copies of a licensee's P
& IDs since they are not agency records.
The NRC does not have in its possession the NMP-1 P & IDs you requested.
Those drawings are the licensee's property and would have to be obtained from the licensee.
It would be improper for us to burden the licensee with a request for such drawings for the purpose of furnishing the drawings to a member of the public.
Therefore, we did not and are not now providing to you the requested drawings.
The drawings and other documents used by the NRC staff during its February 1-5, 1993, onsite inspection of the NMP-1 containment isolation valve program were described in Attachment 1 to combined Inspection Report No. 50-220/93-01 and 50-410/93-01.
A copy of combined Inspection Report No. 50-220/93-01 and 50-410/93-01 was provided to you as Attachment 4 to the enclosure of my letter to you dated November 24, 1993.
I apologize to you if you feel that I have insinuated that you did not find any errors at NMP-1.
I agree that you did identify deficiencies in the listings of NMP-1 containment isolation valves in the Technical Specification (TS) tables and the Updated Final Safety Analysis Report (UFSAR) tables as compared to the plant drawings.
The containment isolation valve deficiencies you identified were considered by the staff and apparently by the licensee in the preparation of License Amendment No.
140 and UFSAR Revision 11.
License Amendment No.
140 and UFSAR Revision ll were issued to bring the TS and UFSAR listings of containment isolation valves into agreement with the plant drawings.
Copies of License Amendment No.
140 and the applicable pages of UFSAR Revision ll were provided to you as Attachments 2 and 3, respectively, to the enclosure of my November 24, 1993, letter to you.
As described in DD-93-10 and in the enclosure to my November 24, 1993, letter to you, the staff considered most of the containment isolation valves deficiencies to be administrative errors.
We considered these deficiencies administrative errors since the containment isolation valve listings in the TS and UFSAR tables were inaccurate.
We and the licensee were previously aware
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Mr. Ben L. Ridings Hay 5, 1994 of many of them and as confirmed in the staff's February 1-5, 1993, onsite inspection, the containment isolation valves were being properly tested in accordance with all applicable regulatory requirements including the then applicable NMP-1 procedures which we determined were adequate.
Other deficiencies identified during the staff's February 1-5, 1993, onsite inspection were also corrected in License Amendment No.
140 and in UFSAR Revision ll.
Since you identified your list of errors to the licensee prior to bringing them to the attention of the NRC, it is possible that. the licensee corrected many of the other errors you identified prior to the NRC's onsite inspection.
With regard to your request for a list of error s you had correctly identified, the staff provided an evaluation of your concerns in DD-93-10.
To the extent you sought correction of the TS and UFSAR tables to correctly list the NMP-1 containment isolation valves, their initiating signals, and their stroke times, this relief was granted in DD-93-10 and implemented by License Amendment No.
140 and by UFSAR Revision ll.
Each of your concerns regarding the containment isolation valves identified in the 18 notes listed in Attachment 5 to your October 27, 1992, petition were evaluated and the staff's findings regarding those concerns were provided to you in Attachment 1 to DD-93-10.
I trust this responds to your concerns.
Sincerely,
Enclosures:
1.
10 CFR 9.15 2.
10 CFR 9.21 teven A.
arg
, Direct Division of Reactor 's - I/II Office of Nuclear Reactor Regulation
4 E
Enclosure 1
~ 9.3 PART 9 ~ PUBLIC RECORDS 9.1S NRC; members of boards designated by lhe Commission lo preside a' adjudicatory proceedings; and officers or employees of Government agencies.
including military personnel. assigned to duty at the NRC.
"Working days" mean Monday through Friday. except legal hdlidicyL Ii 9.5 tnterpretatlona Except as specifically authorized by the Commission in writing. no interpretation of the meaningof the regulat!ons.in this part by an ofAcer or employee of the Commission other than a written interpretation by the General Counsel willbe recognized as binding upon'the Commission.
g 9.9 tnformanon collection rectulrernents:
OMB a pprove (a) Tlte NRC has submifted the information co'Ilection requirements contained in this part'to'the Office of Management and Budget'(0MB) for approval'as required'by fhe Paperwork
~
Reduction Act of 1980 (44 U.S:C. 3501;ef seq.). OMB has approved the.
Informafion collection requirements
'ontained inthls part under controI number 3150-0043.
(b) The approvedinfnrmatiocs coliectioa.requisemants contained in this. ~
o part appear in'$) 9.29, 9.41. 9.54. 9.55, g
and 9.202..
Sub part A-Freecfofn of Informattoe
~ Ac( Aegutatlona.
Ii 9.$ 1 Scope of subpact Thisaubpart prescribes procedures for making NRC agency records availccbie 4ci the public for inspection and copying pursuant to ihe provisionaef the
'Freedom ofInformation Aotg5%J.SW.
552) and provides ciotica of procedures
~
'for obtaining NRC records otherwise pubildy av'ailabla
'X%ia subpart does ciot affect the dissemination or distributloa of NRCwriginatecL or NRC contractor-originated, information to the public
'under any other NRC public. technicaL or other informat!on program or policy.
'E
.II9.'l3 ttsrttntttons.
As used fn'%Is subpart:
Agency record" is a record in the possession endicontcclI of the NRC&at's'assodctted with Government business.
IA'gency record does clot faduda records sUch cta..w (fJ.Pablicfy avaiiabia books, periodlcaIs. or other publications thif
.are owtied oriopyrijlhtadbyvion-Federal sources; (2/Records solely In&age'ssessiorr
'and contfoicrfNRC contiactorc'3) pqrsomd~r& possessiott.of,
'NRCpersannef tfnct'have'not'beett
'drdulatecL~tloI'ft.quized ter be-, -
created or retained'by the NRC, and can be retained or discarded at the authot's sole discretion, or records of a personal nature that are not associatedsvitb any Government'business; or (4) Non su'bstantive information in logs or schedule books ofthe Chairman or Commissioners, uncirculated except for typing or recording purposes.
- "Commericai~se request",means a'equest madesmder 51I23(b)'for a use or purpose that furthers fhe commercial, trader profit iriterests of the requester'r the person on whose behalf the request is made.
"Direct costs" mean the expenditures that en agency incurs in searching for and duplicating agency records. For a commercial-use request. direct costs include the expenditures involved in reviewing records to respond to ihe request. Direct costs Indude the ealcuy of the employee category performing the wort based on that basic rateof pay plus 16 percent of that rate to cover fringe benefits and the cost ofoperating duplicating machinery.
"Duplicafion"means the process of making a copy of a record necessary to respond to a request made under g 9.23.
Copies may take the form ofpaper copy, microform, audio-visualmaterials, disk, magrietic tape. or machine readable documentation, among others.
"Educational insfitution" means an institution which operates'a program or programsof scholarly research.
Educational institution refers to a preschool, a public or privatcr elementary or secondary schooL an '.
institution ofgraductte higher education, an instltuVonof undergradu'ata.higher education. an insVtution:ofprofessiona) education, or aa InstituVoaof vocattonaI education.
"Noncommerdal scientificinittitution" means an Inijtitutioathat is not operated on a commerdal basis. as the term "commerdal" is referred to in the definition of "commercia(-usa request."
and is operated solely for the purpose af conducting <<cienttficzosearch, the resuitaof which are aot intended so promote any particular product or industry.
"Office",unless otherwise.lndica tacL
~
means.all oNoes. boards, panal9, and advlsorycommittees of the NRC.
"Record" means any boot. paper, map. phatctgraph, brochure. punch oacxI.
magnetic tape. paper tape, sound recording. pamphlet. slide. motion pichcre; ormother docuraantcrry ma1eriaf.
regardless&form or charactaristicL Record does not Include.an object or article such'as a structure.'furniture.,a tangible exhIIIil:urmodeL a yahidle, or piece ofeqeipmeiit.
"Representative of the news media means any person actively gathering news for aa entity that is organL~ed and oPerated to publisher biciadcast news to the public. The.term "news" means information that is about current events or that would be ofcurrent Interest.to'he public. Exampfes ofnews medla'-
entities include television or radio stations. broadcasting to the public at large..cind publishers of periodicals~
only tn chose instancei when'hey can qualifyas dtiseminacors iof"ciewe") who:
mule their products available for purchase or suhscriptions by the gi nc ral puliilC.
"Review-r cans the process of ei ipiining records identifii.d as responsive tn a commercial.use requHst lo determine whether they are exempted from disclosure in.whole or in part..
Also. review ihcludes examining;recxirds.
to doteimine which Freedom, of; Information Act'exemptions are.
applicable, identifying records or.
portions thereof to be disclosed:.and.
ei cising from the records:those portions which are to be witltheld:
"Search" means all Vme spent. looking for ri!cords. either by manual search.dr.
searA using. existing computer.
o programs. that. respond.to cLreqtiest
~ including a page-by-page or line-by:line
~ identification of.cuspcinsive information f within the records.
-UnusuaLdrcumstpncesl'ean (1) The neadito:searci)tfonand collect.
~the requeitedirecordssrcun:Beldt facilities or other.eatabllshmentsiltat.
are separate from thaoNce processing the request:
(2) The need;toaaa'rch:for. collect.
and'ppropriately examine a voluminous emountwf separate andidisttnct:records which aradamanded:Icr aisingIe request or (3) The needer:consultation.
wltich willbe conducted with all practicable speed. with anotlter:agency liaving a substantial Interest Ih the diitermlnation of the request or among twoionmore componentaef the NRC having substantial:subject-'matter Ititecciet:
therein.
$ 9.15 AvalabN+otrecords.
'ibe.NRI willmake'avatlame foe public inspection and copying any reasonabllf described'agency ceeorcf in the possesalon andcoonttolcoj'tlte NRC under the provislbns.of:tilts subpart! anc upon requestlby anlt~pacaoni Records.
that th9 NRC'routitiel>inates pullloly availible ere described& 5:9M ProcedUreaen'd'conditions governing requests:fbr records aceeetiforth.in
$ 92S.
9.17 PART 9 ~ PUBLIC RECORDS 9.21(d)
C7 Pl Ol L'.
CV IA Ii9.57 Agency records exempt froittpubtfc discio sure.,
~ (a) The fol!owing types.of agencv.
records~ra exempt'from public disclosure under 5 9.15 (1) Records.(i),which. are specifically.
authorised under criteria establishedky an Executive order to be Rept secret in the interest'of'national.defense or foreign policy; and'(ii) whidrare in fhct properly classified'pursuant ta sucH Executive. ardhr,'
(2) Records related solely to.the'nternal personnel rulhs iind priii.Scca oi the agency:
(3) Reoo.ds spacifical!y exempted from disclosure by sts!ute (other than.5 U.S.C. 55~, proiiJed that such slatute.
(i) Requircis.that the matteis be withheld from the public in such a manner as to leave no disciotion un.the issue. or (ii) Establishes particular criierfa for withholding or refers io particular types of mutters to be withheld; (4) Trade secrets and cornmrix;i~i or financial information obtain<<d from a person and privileged ur ronfidential; (5) Interiigency or intraugency.
meinorandums or letters cvhich.iould.
not beavni)able by law to a part>> other.
. than an. agency in litigiitionwith.ihe ag8ncy (8) Personnel and medical:filesiund:
similtii.Mes',.the disclosure of wMch.
wauld constitute vie!early. umvarr anted:
invasioniof personal privacy; (7) Records.ar informatifin compiled for lhw.enforcement purposes, but:only to the extent that! the produotion.of such.law enforcement;records.or information-(i) Could:reiisonably He expected'to interfere with enforcement proceedings; (ii)iLVou)U deprive a person of a right'o a.fair trial or an imparual adjudication; (iii)Could reasonably by expected ta constitute an unwarranted invasion af personal privacy, (iv)iCould reasonable'e expected to disclose the'identity of a conlential source. including a State local. or foreign agectoyar~uthorityc orwny private institution wH{cH furnished'nformation on a conildentfal:basis..and.
in tHecase of a recordior information icompilediby a.criminal'law enfot5:ement:
.authority hr the caurse ofa criminal'nvestigation, orby an agency conducting,a Ihwh) aetio'nal:security intel)i(tence'Investigation. Information fu'rnished'by auanfldhntfttl;source;
..(y) 0/auld:dIsalose techniques and procedures. for law enforcement investigations or prosecbtians; or woul{I:
disclose guidelines for law enforcement investigations or prosecutions ifsuch disclosure could reasonably be expected io risk circumvention. of the lau", or.
(vi) Cbulti:reasonably be expected to endanger the life or phvsical safctv.of any. individual;.
(8):Matters contained'in ar related'to examination. operating. or condition reports prepared bv, on behalf o.'. or for the uso of any. agency responsible. for the regulhtion or supervision of financial institutions or.
(9) Ceulu-icu!,and g:i>phys'csl information and dsia. including mups.
i:oncerning wells.
(b) Ycithing in.tl;is subpart au'hnrizes withhold ng of info:ma!ion or 'I,".ii!ing the availability of records to the public except as specifically provided in this part, nor is this subpart authority to withhold infnmiition from Congress.
(c) Whenever a wquust is made which involves access to agency records desci'il)ed'in pdragraph (a)(7) of this section. the NRC may, during only such time as that circumstance continues, treat the records as not subject to the requirements of this subpart when (1) The investigation or prociieding involves a possible violation of criminal law: and (2) There is. reason to believe thut-
{i)The subject of the Investigation ot proceeding is not auare of its pendency, and (ii)Disclosure of:the existence of the ri.cords could reasonaHly He expected to interfere with enforcement proceedings.
$ 9.19 Segregation of exempt infcrmstion sod defatton ofidentifying detslfs.
(a) For records required'to be made.
avaiisblh under 5'Lf.SC': 552(a)!2), the.
NRC shall dhlhte the name wit)iany identifying details. ifthe re)easeef the name or other Identlf)'ing details of. or relating to. a private party will constitute a clearly univarrantad invasion of personal'privacy. The NRC shall provide notification that names of parties and certain other identifying details have been rcimoved in order to prevent a clearly unwarranted'invasion of the personal privacy of the individuals involved.
(b) In respondirg to a request for information submitted under 5'9:23: in which it'has been determined';ta withhold exempt information;.tHe NRC shall'segregate
. (1) Information that'is.exempt'from; public disclosure. under $ 917(fi) from nonexempt Information: and
'2) 'Factual infcirmation.from advice, opinions. and'recommendhtlona.in predhcisioiial'records'unless.
tHe 4
information is inextricably intertwined.
or is contained in dwffs..legal, work pioducts. and records-covered.by. the lawyer-client privilege, or is otherwisa exempt, fran disclosure.
ti 9.25 Pubgcty avaifabte records..
(a) Publicry.available'records.of:NRC.
activities described in.paragraphs (c)
~
~ and (d) of this section are available
~i through. the National Technical cc Information.Service. Subscriptions to
~ these records are. available on 48x.
~ miorofiche andmay,be ordered from the N;itional Technical Information Service.
5"ft5 Port Royal Road. Springfield. VA 22161. Single copies of NRC publications in th<<NIIREG series. NRC Regulatory Guides. and Standard Review Plans are also available from the National Technical Information Service.
{b) For the convenience of persons who may wish to inspect without charge or purchase copies of a record or a
,limited category of records for a fee.
5.
pul>licly available records of the NRC's uctivities described in paragraph (c) of Q this section are also made available at g the YRC Public Document Roam. The YRC Public Document Room is located nt 2120 L Street NVtt.. Washington. DC.
and is open between 7:45 a.m. and 4:15 p.m. on Monday through Friday. except legal holidays.
{c)The fallowing records of YRC activities are publicly.avaiiable at the NRC Public Document Room for nublic inspection and copying:
(1) Final opinions including concurring nnd dissenting opinions as well as
. orders of the NRC issued ns ii result of adjudication ofcases:
(2) Stiitements of policy and interpretations which have been adopted by the NRC and have noi been published in the Federal Register.
(3) Nuclear Regula tory Commission rules and regulations:
(4) Nuclear Regulatory Commission Manual and instructions io NRC personnel that affect any member o( the public:
(5) Records made available for puhlic K mspection and copying under this Q chapter and the NRC Manual (NRC Bulletin 3203-15 describes the "NRC Policy for Routinely Making NRC Records Publicly Available"):
i6) Current indexes to records made available under 5 U.S.C; 552(a)(2) and that are made publicly available are listed in NUREG-0550, "Title of List of
" Documents Made Publicly Available.-
u hich is published monthly.
(d) Records made publicly available under paragraphs (c)(1). (2). and (5) af this section are also available for purchase through the National Technical Information Service.
9-3 Apr((30, 1992
~ '
~
~ ~
Mr. Ben L. Ridings May 5, 1994 of many of them and as confirmed in the staff's February 1-5, 1993, onsite inspection, the containment isolation valves were being properly tested in accordance with all applicable regulatory requirements including the then applicable NMP-1 procedures which we determined were adequate.
Other deficiencies identified during the staff s February 1-5, 1993, onsite inspection were also corrected in License Amendment No.
140 and in UFSAR Revision ll.
Since you identified your list of errors to the licensee prior to bringing them to the attention of the NRC, it is possible that the licensee corrected many of the other errors you identified p'rior to the NRC's onsite inspection.
With regard to your request for a list of errors,you had correctly identified, the staff provided an evaluation of your concerns in DD-93-10.
To'the extent you sought correction of the TS and,UFSAR tables to correctly list the NMP-1 containment isolation valves, their initiating,signals, and'their stroke times, this relief was granted in DD-93-10 and implemented by License Amendment No.
140 and by UFSAR Revision 11.
Each of'your concerns regarding the containment isolation valves identified in the 18 notes listed in Attachment 5 to your October 27, 1992, petition were evaluated and the staff's findings regarding those concerns were provided to you in Attachment 1 to DD-93-10.
I trust this responds to your concerns.
1 I I
'. Sincerely, Original:signed by:
Steven A. Varga, Director Division of Reactor Projects I/II Office of.. Nuclear Reactor Regulation
Enclosures:
1.
10 CFR 9.15 2.
10 CFR 9.21 Distribution:
',Docket File (50-220)
(w/incoming)
NRC 8 Local PDRs (w/incoming)
PDI-1 Reading WRussel l/FMiraglia, 12/G/18 LReyes, Acting, 12/G/18 SVarga JCalvo
- WLanning, RGN-I
- LNorton, 5D28 TWFN (w/incoming)
- OGC PDI-1: D AD:RI D
CVo an~ DBrinkman:avl RWeisman RACa ra~
JCalvo ar 94 94 04 29 94 S
9 94
~
& 94 OFFICIAL RECORD COPY FILENAME: G: iNMPliRIDINGS.LTR
I 7
'l
, 7 9.
l' ll