ML17229A260

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Forwards Util Response to Violations Noted in Insp Repts 50-335/96-12 & 50-389/96-12 Re Inconsistencies Between NRC Position,In Response to TIA 95-013 & NRC Insp Manual Chapter,Part 9900 Interim Guidance on 10CFR50.59
ML17229A260
Person / Time
Site: Saint Lucie  
Issue date: 11/14/1996
From: Merschoff E
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To: Zimmerman R
NRC (Affiliation Not Assigned)
Shared Package
ML17229A261 List: ... further results
References
FOIA-96-485 NUDOCS 9703130238
Download: ML17229A260 (1)


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,

FPL

identified inconsistencies

between

NRC positions in response

TIA 95-013

and

NRC Inspection

Manual Chapter,

Part 9900 Interim Guidance

on

10 CFR 50.59

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.

NRR

Gillespie,

NRR

Wiens,

NRR

Landis, RII

Julian.

RII

Gibson. RII

Casto.

RII

Hiller. RII

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