ML17229A260
See also: IR 05000335/1996012
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MEMORANDUM TO:
FROM:
SUBJECT:
UNITED STATES
NUCLEAR REGULATORY COMMISSI
N
REGION.II
101 MARIETTASTREET, N.W., SUITE 2900
ATLANTA,GEORGIA 303234199
Navanber 14,
1996
Roy P.
Zimmerman, Associate Director
Associated Director for Projects
Ellis
WE Herschoff, Director
Division Reactor Projects
INCONSISTENCIES
BETWEEN NRC POSITIONS
IN R
PONSE TO TIA 95-
013 AND NRC INSPECTION MANUAL CHAPTER,
PART 9900
INTERIM
GUIDANCE ON 10 CFR 50.59.
ISSUED IN APRIL 1996.
Attached is
a copy of Florida Power and Light (FPL) response
(L-96-254 dated
10/21/96) to a violation involving the
2B Emergency Diesel Generator oil line
unreviewed safety question
(NRC Special
Inspection
Report Nos. 50-335.
389/96-12
(EA 96-236 and 96-249)).
While FPL agreed to the violation,
identified inconsistencies
between
NRC positions in response
and
NRC Inspection
Manual Chapter,
Part 9900 Interim Guidance
on
issued in April 1996.
NRC Inspection
Manual Chapter,
Part
9900
(Page 3,
Paragraph
4) specifically states that "... the staff has found compensating
effects
such
as
changes
in administrative controls acceptable
in offsetting
uncertainties
and increases
in the probability of occurrence or consequences
of an accident previously valuated in the safety analysis report or
reductions in margin of safety,
provided the potential
increase
or reductions
in margins are negligible."
On the other hand,
NRC positions in response to
TIA 95-013 suggests
that compensatory
measures
can no longer be credited to
offset small potential
increases
in probability.
Therefore,
the licensee
requests
that
NRC resolve the differences in interpretation
and apparent
inconsistencies.
Since this issue is related to the current efforts to review the
implementation of 10 CFR 50.59. it is provided to you for appropriate action.
Docket Nos.
50-335
and 50-389
Attachment:
As stated
CONTACT:
Kerry D. Landis,
DRP/Branch
3
'04 331-5509
cc:
S.
L.
J.
F.
F.
L.
K.
C.
A.
C.
H.
Ebneter
Reyes,
RII
Johnson,
RII
Hebdon.
Gillespie,
Wiens,
Landis, RII
Julian.
RII
Gibson. RII
Casto.
RII
Hiller. RII
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