ML17229A382
| ML17229A382 | |
| Person / Time | |
|---|---|
| Site: | Saint Lucie  |
| Issue date: | 06/12/1997 |
| From: | Collins S NRC (Affiliation Not Assigned) |
| To: | Baker D AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML17229A383 | List: |
| References | |
| NUDOCS 9706230203 | |
| Download: ML17229A382 (6) | |
Text
~p,tE REGNI (4
P0 cs 0
C p
i
.0 In e
P r
n IP
+ st.*dc +
1 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 3une 12, 1997 Hr. Dean C. Baker 29 Tarpon Avenue Key Largo, Florida 33037
Dear Hr. Baker:
In the letter you sent to Chairman Shirley Ann Jackson on February 26,
- 1997, you expressed a concern with a specific action taken by the Nuclear Regulatory Commission (NRC) against Florida Power and Light's (FPL's) St.
Lucie plant.
Your concern related to an enforcement action taken agai'nst St.
Lucie dealing with failure to identify an unreviewed safety question (US() during an evaluation of a temporary plant change.
You stated that the staff's position on the introduction of new failure modes as they relate to the use of compensatory actions constituted a de facto change to the regulations.
Chairman Jackson has asked my office to respond to you.
The temporary plant change involved the use of a compensatory
- measure, manual operator action, to open a manual isolation valve in the event of an emergency diesel generator (EDG) start.
This valve, which had previously been locked in an open position and, thus, would have required no operator action to support EDG operation, had been closed to isolate a leak.
You pointed out that NRC Inspection
- Hanual, Part 9900 interim guidance on 10 CFR 50.59, issued in April
- 1996, supports this approach.
You stated that the staff's response to Task Interface Agreement (TIA)95-013,
- however, suggests that compensatory measures may no longer be credited to offset small potential increases in probability, and this position conflicts with the position given in the interim guidance on 10 CFR 50.59 in NRC Inspection Hanual, Part 9900.
For nearly 1', years, the staff has been working to identify actions to improve licensee implementation and NRC staff oversight of the 10 CFR 50.59 process.
The staff is performing its work under the 10 CFR 50.59 Action Plan, which contains a sch'edule that is being tracked by the Commission.
Host recently, the staff completed a position paper and the identification of policy issues related to the implementation of 10 CFR 50.59.
These are found in SECY 035, "Proposed Regulatory, Guidance Related to Implementation of 10 CFR 50.59 (Changes, Tests and Experiments),"
which the staff forwarded to the Commission on February 12, 1997.
This publicly available Commission paper contains a
staff analysis and proposed regulatory guidance that reaffirms existing regulatory practice in many areas, clarifies the staff's expectations and
)
positions in those areas in which industry practices or positions differ from those of the staff, and establishes guidance in some areas in which there was no previous guidance for 10 CFR 50.59 implementation.
The Commission directedz"/ ~
that SECY-97-035 be published to obtain public comment on the proposed guidance.
We have received your letter in response to the Federal Register
- Notice, and are considering your comments.
The staff expects to make final recommendations to the Commission later this year.
970b230203 970612 PDR ADOCK 05000335 H
D. Baker The interim inspection guidance on 10 CFR 50.59, issued in April 1996, was intended to clarify current staff practices beyond that provided in an earlier version of the same inspection guidance document.
It did not contain new interpretations of NRC practices and, in fact, stated the then-current practice that the staff would accept compensating
- effects, such as administrative controls, as part of a change to offset a potential increase in probability (or reduction in margin), provided that the increase (or reduction) is negligible, and the compensatory action clearly outweighs the increase (in probability or consequences) or reduction (in margin of safety) of the change.
FPL's proposed compensatory measures for the EDG fuel oil transfer system did not "clearly outweigh" the increase in failure probability presented by the two new failure modes introduced by the change and they introduced the possibility of a malfunction (i.e., operator error where operator action previously was not required) of a different type than any evaluated previously (10 CFR 50.59(a)(2)(ii)).
Therefore, consistent with the interim inspection
- guidance, the staff concluded that the change represented an US(.
Since the issuance of the interim inspection guidance, and as a result of the ongoing review of the 50.59 process, the staff position on compensating effects or the use of compensatory measures has been evolving.
The proposed staff guidance in SECY-97-035 reflects a clarification for determining the existence of an US( and the use of compensatory measures.
The proposed staff guidance does not represent final agency policy since the Commission has asked for public comment before it settles on a final position.
In certain instances, the use of particular proposed positions in enforcement matters may raise backfit concerns.
If NRC inspectors identify any questions about the applicability of the proposed guidance to plant-specific issues, they have been advised to consult with NRR staff before taking enforcement action using the positions contained in the proposed guidance.
However, if a licensee believes that an NRC inspection philosophy or practice as applied to its facility is a backfit that has not been appropriately evaluated and justified as required by the backfit rule (10 CFR 50. 109), the licensee should identify the matter to NRC for appropriate action.
The issuance of SECY-97-035 is an important first step in clarifying the 10 CFR 50.59 process, which will, as you state, have implications for the NRC's operability guidance in Generic Letter 91-18.
I hope this information is responsive to your concerns on this important issue.
If you should have further concerns, please feel free to contact this office.
Sincerely, amue J.
ollins, Director Office of Nuclear Reactor Regulation
Gredfi Ticket EDO ¹G970157
. Distribution
.Docket File (50-335 and 50-389. w/original incoming)--
'PUBLIC (w/incoming)
EDO¹ 970157 L. J. Callan H. Thompson E. Jordan P. Norry J.
Blaha S. Collins/F. Miraglia R.
Zimmerman T. Martin, Acting ADT W. Travers S.
Burns K. Bohrer (EDO¹970157 w/incoming) (012/G/18)
St. Lucie Reading (w/incoming)
S.
Varga F.
Hebdon H. Thadani H. Boyle (e-mail only HLB4)
D. Matthews OGC OPA OCA P. Norry K. Cyr N. Olson C. Norsworthy SECY-97-0218 L. Wiens B. Clayton J.
- Johnson, RII L. Reyes, RII J.
Lieberman DOCUMENT NAME:
G:iSTLUCIEiGREEN
" see previous concurrences To receive a copy of this document, indicate in the box:
"C" = Copy without attachment/enclosure "E" = Copy with attachment/enclosure "N"
No copy OFFICE DATE OFFICE DATE OFFICE NAME PDI I-3 PM*
LWiens 04 24 97 DRPH:D*
TMartin 04/17/97 EDO*
LCallan PDI I-3 LA" BCla ton 04 24 97 OGC*
LChandl er 04/15/97 OCH+
SJackson PDII-3 D*
FHebdon 04 24 97 OE*
JLieberman 04/17/97 TECH EDITOR*
N RSanders 04 14 97 ADP*
RZimmerman 04/24 /97 DRPE:D*
SVar a
04 15 97 NRR:D*
SCollins 06/12/97 DATE 05 02 97 06 12 97 06/
97 OFFICIAL RECORD COPY 06 97
Green Ticket EDO ¹G97 Distribution Docket File (50-335 and 50-389 w/original incoming)
PUBLIC (w/incoming)
EDO¹ 970157 L. J. Callan H. Thompson E. Jordan P. Norry J.
Blaha S. Collins/F. Miraglia R.
Zimmerman T. Hartin, Acting ADT W. Travers S.
Burns K. Bohrer (EDO¹970157 w/incoming) (012/G/18)
St. Lucie Reading (w/incoming)
S.
Varga F.
Hebdon H. Thadani H. Boyle (e-mail only MLB4)
D. Matthews OGC OPA OCA P. Norry K. Cyr N. Olson C. Norsworthy SECY-97-0218 L. Wiens B. Clayton J. Johnson, RII L. Reyes, RII J.
Lieberman DOCUMENT NAME:
G:iSTLUCIEiGREEN
- see previous concurrences To receive a copy of this document, indicate in the box:
"C" Copy without attachment/enclosure "E"
Copy with attachment/enclosure "N"
No copy OFFICE PDI I-3 PH" PDII-3 LA*
PDII-3 D+
TECH EDITOR*
N DRPE: D*
NAME LWiens DATE 04 24 97 OFFICE DRPM:D*
NAME THartin DATE 04/17/97 OFFICE EDO*
NAME LCallan BCla ton 04 24 97 OGC*
LChandler 04/15/97 OCH+
SJackson FHebdon 04 24 97 OE+
JLieberman 04/17/97 RSanders 04 14 97 ADP+
RZimmerman 04/24 /97 SVar a
04 15 97 NRR:D~
SCollins 06/12/97 DATE 05/02 97 06/12/97 06/
97 OFFICIAL RECORD COPY 06 97
EDO Principal Correspondence Control
'FROM:
Dean C. Baker Key Largo, FL TO:
DUE: 03/20/97 EDO CONTROL: G970157 DOC DT: 02/26/97 FINAL REPLY:
. Chairman Jackson FOR SIGNATURE OF Office Director DESCs
- O'RI CRC NO: 97-;0218 ROUTING:
LICENSING ACTION AGAINST ST.
LUCIE POWER PLANT DATE: 03/10/97 ASSIGNED TO:
CONTACT:
Callan Jordan Thompson Norry Blaha Burns
- Cyr, OGC-
Attachment not received.
- goo ~ P~'oP Q NRR RECEIVED:
HARCH 10, 1997 NRR. ACTION:
DRPE: VARGA NRR ROUTING:
COLLINS HIRAGLIA THADANI 1IHHERHAN TRAVERS BOHR',ER ACTloN 7
)9'
PAPER NUMBER:
OFFICE OF THE SECRETARY CORRESPONDENCE CONTROL TICKET CRC-97-0218 LOGGING DATE: Mar 97 ACTION OFFICE:
EDO AUTHOR:
AFFILIATION:
DEAN BAKER FLORIDA ADDRESSEE:
LETTER DATE
SUBJECT:
ACTION:
CHAIRMAN JACKSON Feb 26 97 FILE CODE: IDR 5 ST LUCIE LICENSING ACTION AGAINST ST.
LUCIEPOWER PLANT Direct Reply DISTRIBUTION:
CHAIRMAN SPECIAL HANDLING: SECY TO ACK CONSTITUENT:
NOTES:
DATE DUE:
SIGNATURE AFFILIATION:
V~a m74 Mar 21 97 p Qw QL DATE SIGNED:
EDO -- G970157