ML17313A852

Comment Supporting Proposed Change to NRC Enforcement Policy.Suggested Rewording of Sections Provided

ML17313A852
Person / Time
Site:	Palo Verde
Issue date:	03/05/1999
From:	James M. Levine ARIZONA PUBLIC SERVICE CO. (FORMERLY ARIZONA NUCLEAR
To:	Meyer D NRC OFFICE OF ADMINISTRATION (ADM)
References
FRN-64FR6388 102-04257-JML-A, 102-4257-JML-A, 64FR6388-00003, 64FR6388-3, NUDOCS 9903220081
Download: ML17313A852 (10)

Text

CATEGORY -2 REGULATORY INFORMATION DISTRIBUTXO SYSTEM (RIDS)

ACCESSION NBR:9903220081 DOC.DATE:

FACIL:STN-50-528 Palo Verde Nuclear Station, 99/03/05 NOTARXZED: NO DOCKET Unit 1, Arizona Publi 05000528 I

STN-50-529 Palo Verde Nuclear Station, Unit 2, Arizona Publi 05000529 "STN-50-530 Palo Verde Nuclear Station, Unit 3, Arizona Publi 05000530 AUTH. NAME AUTHOR AFFILIATION LEVINE,J.M. Arizona Public Service Co. (formerly Arizona Nuclear Power RECXP.NAME RECIPIENT AFFILIATION MEYER,D.L. Rules 6 Directives Review Branch (Post 920323)

SUBJECT:

Comment supporting proposed change to NRC enforcement policy;Suggested rewording of sections provided.

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N NOTE TO ALL "RIDS" RECIPIENTS:

PLEASE HELP US TO REDUCE WASTE. TO HAVE YOUR NAME OR ORGANIZATION REMOVED FROM DISTRIBUTION LISTS OR REDUCE THE, NUMBER OF COPIES RECEIVED BY YOU OR YOUR ORGANIZATION CONTACT THE DOCUMENT CONTROL DESK (DCD) ON EXTENSION 415-2083 TOTAL NUMBER OF COPIES REQUIRED: LTTR 7 ENCL

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s~r g, gjckr-m+q James M. Levine TEL (602)393-5300 Mail Station 7602 Palo Verde Nuclear Senior Vice President FAX (602) 393-6077 P,O. Box 52034 Generating Station Nuclear Phoenix, AZ 85072-2034 102-04257-JML/AKK/DGM March 5, 1999 Mr. David L. Meyer 33 Chief, Rules and Directives Branch fTl Division of Administrative Services P Office of Administration CO Mail Stop: T6D59 ch P<l U. S. Nuclear Regulatory Commission C) g)

Washington, DC 20555 tg n LJ1

Reference:

Request for public comment NRC Enforcement Policy Federal Register, February 9, 1999, (Volume 64, Number 26)

Notices, page 6388-6391 (DOCID: fr09fe99-125)

Subject:

Palo Verde Nuclear Generating Station (PVNGS)

Units 1; 2, and 3 Docket Nos. STN 50-528/529/530 Proposed'Change To NRC Enforcement Policy The NRC requested comments on the proposed revision to the NRC Enforcement policy. The Palo Verde Nuclear Generating Station (PVNGS) applauds the effort to improve the NRC Enforcement Policy.

In summary, PVNGS proposes that all references to the determination of root cause and corrective action to prevent recurrence be removed from the Policy for Severity Level IV and non-cited violations.

The proposed change to the NRC Enforcement Policy, Federal Register, February 9, 1999, (Volume64, Number26), Notices, page 6388-6391 (DOCID: FR09FE99-125) states, in part:

"Violations at Severity'evel IV, the least significant of the four severity levels established in the NRC Enforcement Policy, involve non-compliances with NRC requirements for which the associated risks are not significant."

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Mr. David L. Meyer t

U. S. Nuclear Regulatory Commission Proposed Change To NRC Enforcement Policy Page 2 The proposed change to the NRC Enforcement Policy also states, in part:

"At the time a violation is closed in an inspection report, the licensee may not have completed its corrective actions or begun the process to identify the root cause and develop action to prevent recurrence."

NRC violations issued as Severity Level IV, or non-cited, are also typically conditions adverse to quality.

10 CFR 50, Appendix B, Criterion XVI, Corrective Action, states, in part:

"Measures shall be established to assure that conditions adverse to quality, such as failures, malfunctions, deficiencies, deviations, defective material and equipment, and nonconformances are promptly identified and corrected. In the case of significant conditions adverse to quality, the measures shall assure that the cause of the condition is determined and corrective action taken to preclude repetition."

The Enforcement Policy, both as presently written, and as proposed, requires all violations, cited or non-cited, to include a determination of root cause and corrective action to prevent recurrence. This is contrary to 10 CFR 50, Appendix B, which only requires determination of root cause and corrective action to prevent recurrence for significant conditions adverse to quality. As a result, in spite of the proposed change, the NRC Enforcement Policy will still result in licensees placing a higher priority on these violations than regulations would require.

In order to further improve the NRC Enforcement Policy, specific comments to the proposed change are provided, as follows:

Comment 41:

The proposed wording in third paragraph of Appendix A which states:

"At the time a violation is closed in an inspection report, the licensee may not have completed its corrective actions or begun the process to identify the root cause and develop action to prevent recurrence."

Should be reworded as follows:

"At the time a violation is closed in an inspection report, the licensee may not have completed its corrective actions."

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Mr. David L. Meyer U. S. Nuclear Regulatory Commission Proposed Change To NRC Enforcement Policy Page 3 Comment ¹2:

The proposed wording in the fourth paragraph of Appendix A which states:

"Because the NRC will not normally obtain a written response from licensees describing actions taken to restore compliance and prevent recurrence of Severity Level IV violations, this revised enforcement approach places greater NRC reliance on the licensee corrective action programs."

Should be reworded as follows:

"Because the NRC will not normally obtain a written response from licensees describing actions taken to restore compliance to Severity Level IV violations, this revised enforcement approach places greater NRC reliance on the licensee corrective action programs."

Comment ¹3:

The proposed wording in the second circumstance which will result in consideration of an NOV in Appendix A which states:

"The licensee did not place the violation into a corrective action program to address recurrence."

Should be reworded as follows:

"The licensee did not place the violation into a corrective action program."

Comment ¹4:

Consistent with the supplementary information in the Federal Register the proposed wording in the third circumstance which will result in consideration of an NOV in Appendix A which states:

"The violation is repetitive as a result of inadequate corrective action, and was identified by the NRC."

Should be reworded as follows:

"The violation is repetitive as a result of inadequate corrective action commensurate with its safety significance, and was identified by the NRC."

If you have any questions regarding these comments, please contact Angela K. Krainik, Department Leader, Regulatory Affairs at (602) 393-5421.

Sincerely,

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Mr. David L. Meyer

- U. S. Nuclear Regulatory Commission Proposed Change To NRC Enforcement Policy Page 4

Enclosure:

1) Comments on the Proposed Revision to the NRC Enforcement Policy cc: E. W. Merschoff P. H. Harrell M.B. Fields J. M. Moorman

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