ML18059A527
| ML18059A527 | |
| Person / Time | |
|---|---|
| Site: | Palisades  |
| Issue date: | 11/19/1993 |
| From: | Greenman E NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | Slade G CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.) |
| References | |
| EA-93-277, NUDOCS 9312020418 | |
| Download: ML18059A527 (5) | |
See also: IR 05000255/1993026
Text
((
UNITED STATES
NUCLEAR REGULATORY COMMISSION
REGION Ill
Docket No. 50-255
License No. DPR-20
EA 93-277
Consumers Power Company
ATTN:
Gerald B. Slade
General Manager
799 ROOSEVELT ROAD
GLEN ELLYN. IWNOIS 60137-5927
NOV 1 9 1993
Palisades Nuclear Generating Plant
27780 Blue Star Memorial Highway
Covert, MI
49043-9530
Dear Mr. Slade:
SUBJECT:
ENFORCEMENT CONFERENCE TO DISCUSS ISSUES IDENTIFIED IN NRC
INSPECTION REPORT NOS. 50-255/93026 AND 50-255/93028
This letter confirms the discussion between M. Parker of this office and
D. Rogers of your staff to have an Enforcement Conference at 10 a.m. (CST)
on December 3, 1993, at the Region III office in Glen Ellyn, Illinois.
The
Enforcement Conference is being held to discuss the apparent violations
involving plant cooldown rates and electrical engineering design control
issues identified in Inspection Reports No. 50-255/93026 and No. 50-255/93028.
This Enforcement Conference will be open to public observation in accordance
with the Commission's trial program as discussed in the enclosed Federal
Register notice.
The purposes of this conference are to discuss the apparent
violations, their causes, and safety significance; to provide you the
- opportunity to point out any errors in our inspection reports; and to pro vi de
an opportunity for you to present your proposed corrective actions.
In particular, we expect you to address whether safety systems associated with
both the safeguards room fan coolers and the containment high pressure and
containment high radiation relays with undersized closing coils would have
been able to perform their intended safety functions, given the preexisting
conditions.
In addition, this is an opportunity for you to provide any
information concerning your perspective on 1) the severity of the issue, 2)
the factors that the NRC considers when it determines the amount of a civil
penalty that may be assessed in accordance with Section VI.B.2 of the
Enforcement Policy, and 3) the possible basis for exercising discretion in
accordance with Section VII of the Enforcement Policy.
You will be advised by
separate correspondence of the results of our deliberations on this matter.
No response regarding these apparent violations is required at this time.
- ,
- Consumers Power. Company
2
In accordance with 10 CFR 2.790 of the NRC's "Rul~s of Practice," a copy of
.this letter and its enclosure will be placed in the NRC Public Document Room.
Enclosure:
Federal Register Notice
cc w/enclosure:
David P. Hoffman, Vice President
Nuclear Operations
David W. Rogers, Safety
and Licensing Director
OC/LFDCB .
Resident Inspector, Riii
James R. Padgett, Michigan Public
Service Commission
Michigan Department of
Public Health
Palisades~ LPM, NRR
SRI, Big Rock Point
Sincerely,
&~~Jt.~
Edward G. Greenman, Director
Division of Reactor Projects
..
NOV 1 9 *~~
Consumers Power Company
2
In accordance with 10 CFR 2.790 of the NRC's "Rules of Practice," a copy of
this letter and its enclosure will be placed in the NRC Public Document Room.
Enclosure:
Federal Register Notice
cc w/enclosure:
David P. Hoffman, Vice President
Nuclear Operations
David W. Rogers, Safety
and Licensing Director
OC/LFDCB
Resi~ent Inspector, Riii
James R. Padgett, Michigan Public
Service Commission
Michigan Department of
Public Health
Palisades, LPM, NRR
SRI, Big Rock Point
bee: Public
Rill
J~sen
- J1k-
Sincerely,
c.:-:: :*l=~---~* = :* =*: .
.
- .* -.**
.. -.**-.* -~ .... --~* ':- ..... -
-* ...... -*-*--*-**** .... *.
c~-E:'.d.wa-"f<l Ci. Greenm~~, -*Dtrect*or-**::
Division of Reactor Projects
~
Riil ~
'!f.y~tte
ltf/ f /93 ~
- lit
R1.Jh--Q,$Y
Greenyian~
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17/J'd>
Federal Register I Vol. 57. No. 133 I Friday, July 10. um I Notioee
- } I. Cdteria For Selecting Open
(\\ Enforcement Conferenoes
Enforcement conference* will not be
n to the public if the enforcement
- on being comtemplated-
(1) Would be taken against an
individual, or if the action. though not
taken against an individual, turns on
whether an individual has committed
wrongdoing;
(2) Inv.olves significant personnel
failures where the NRC has requested
that the individual(s) involved be
present at the conference;
(3) Is based on the findings of an NRC
Office of Investigations (OI) report or
(4) Involves safeguards information.
Privacy Act infonnation. or other
information which could be considered
proprietary.
Enforcement conferences involving
medical misadministrations or
overexposures will be open assuming
the conference can be conducted
without disclosing the exposed
individual's name. In addition.
enforcement conferences will not be
open to the public if the conference will
be conducted by telephone or the
conference will be conducted at a
relatively small licensee's facility.
Finally, with the approval of the
ecutive Director for Operations.
rcement conferences will not be
n to the public in special cases
ere good cause has been shown after
balancing the benefit of public
obsenation against the potential impact
on the agency's enforcement action in a
particular case.
The NRC will strive to conduct open
enforcement conferences during the
tw~year trial program in accordance
with the following three goals:
.
(1) Approximately 25 percent of all
eligible enforcement conferences
conducted by the NRC will be open for
public observation;
(2) At least one open enforcement
conference "'ill be conducted in each of
the regional offices; and
(3) Open enforcement conferences
will be conducted with a variety of the
types or licensees.
To avoid potential bias in the
selection process and to attempt to meet
the three goals stated above. every
fourth eligible enforcement conference
involving one of three categories of
licensees will nonnally be open to the
public during the trial program.
However, in cases where there is an
ongoing adjudicatory proceeding with
one or more intervenors, enforcement
conferences involving issues related to
-
ubject matter of the ongoing
dication may also be opened. For
urposes of this trial program. the
three cat~ of lioeD&ee11 will be
commercial operating reectors.
hospitals, and other liceoaees. which
will consist of the remainllig types of
licensees.
D. Announcing Open F.afon::ement
Confer9nces
As soon as it is determined that an
enforcement conference will be open to
public observation, the NRC will orally
notify the licensee that the enforcement
conference will be open to public
observation as part of the agency's trial
program and send the licensee a copy of
this Federal Register notice that outlines
the program. Licensees will be asked to
estimate the number of participants it
will bring to the enforcement eonference
so that the NRC can schedule an
appropriately sized conference room.
The NRC will also notify appropriate
State liaison officers that an
enforcement conference hat been
scheduled and that it is open lo public
observation.
The NRC intends to announce open
enforcement confereoc;es to the public
normally at least 10 working day1 in
advance of the enforcement conference
through the following mechanisms:
(1) Notices poeted in the Public
Document Room;
(2) ToU-free telephone messages; and
(3) Toll-free electronic bWJetin board
messages.
Pending establishment of the toll-free
message systems, the public may call
(301) 492-1732 to obtain a recording or
upcoming open enforcement
conferences. The NRC wi11 inue another
Federal Register notkle after the toll-free
message systems are established.
To assist the NRC tn making
appropriate arrangements to support
public observation of enforcement
conferences. individuals interested in
attending a particular enforcement
conference should notify the individual
identified in the meeting notice
announcing the open enforcement
conference no later than five business
days prior to the enforcement
conference.
DI. Conduct of Open Enforcement
Conferences
In accordance with current practice,
enforcement conferences will continue
to normally be held at the NRC regional
offices. Members of the public will be
allowed access to the NRC regional
offieea to attend open enforcement
conferences in accordance with the
"Standard Operating Procedures For.
Providing Security Support For NRC
Hearings And Meetings" published
November 1, 1991 (56 FR 56251). These
procedures provide that visitors may be
subject to personnel ecreenin8. that
signs. bannera. posters, etc., not larger
then 18" ~ permitted. and that
disruptive persoD.s may be removed.
Each regional office will continue to
conduct the enforcement oonference
proceedings in accordanoe with regional
practice. The enforcement conference
will continue to be a meeting between
the NRC and the licensee. While the
enforcement conference it open for
public observation. it is not open for
public participation.
Persons attending open enforcement
conferences are reminded that (1) the
apparent violations discussed at open
enforcement conferences are subject to
further review and may be aubject to
change prior to any resulting
enforcement action and (2) the
.
stat'"mente of views or expressions of
opinion made by NRC employees at
open enforcemenf conferences or the
lack there<>f, are not intended to
represent final determinations or beliefs.
In addition to providing comments on
the agency's trial program in accordance
with the guidance in this notice, persons
attending open enforcement conferences
will be provided an opportunity to
submit written comments anonymously
to the regional office. These comments
will subsequently be forwarded to the
Director of the Office of Enforcement for
review and consideration.
Dated at Rockville, MD. thi1 7th day ol July
1992.
For the Nuclear Resulatory Commiaaion.
Samuel J. Qillk,
Secretory of the Commi*sion.
(FR Doc. 92-16233 Filed 7~2; 8:45 a.ni.J
lllLUNG COO( nlCMI.,,..
OFF1CE OF PERSONNEL
MANAGEMENT
Request for Clearance of a Revised
Information Collectk>n to Add Form Al
36-7 to OUS Clearance Number 3206-
0128
. AGENCY: Office of Personnel
Management.
ACTION: Notice.
SUMMARY: In accordance with the
Paperwork Reduction Act of1980 (title
44, US. Code, chapter 35), this notice
announces a request for clearance of a
revised information collection. to add
fonn RI 3~7 to the Application for
Refund of Retirement Deductions
(CSRS). OPM must have SF 2.802
completely filled out and signed before
paying a refund of retirement
contributions. SF 2802B must also be
complete if there are spouse(~) or former
Federal RegiSter I Vol. 67. No. U3 / 6riday, July* to. 1992 / *Notices
n p_rior reviews for the Yankee Nuclear
power Station. The plant was licensed
jtefore the requirement for iHuance of a
final Environmental Statement.
J.gettcies. and Persons Consulted
The NRC staff reviewed the licensee's
request and did not consult other
agencies or persons.
randing of No Significant Impact
The Commission has determined not
-to prepare an environmental impact
Statement for the proposed exemption.
Based upon the foregoing environmental
assessment. we conclude that the
proposed action will not have a *
significant effect on the quality of the
hwnan environment.
For further details with respect to this
action. see the application for exemption
dated May 22. 199Z. which is available
for public inspection at the
Commission's Public Document Room.
2120 L Street. NW., Washington. DC
20555. and at the local public document
room at Greenfield Community College.
l College Drive. Greenfield.
Massachueetts 01301.
Dated at Rockville, Maryland. this 2d day
of July 1992.
For the Nuclear Regulatory Commission.
Richard F. Dudley. Jr~
Acting Director, Not1-Power Reoctors.
Decommiuioning and Eni*ironmentol Project
Directorate. Division of Reactor Projects-
0///V /V. Office of Nuclear Reactor
~ulatian.
[FR Doc. 92-18232 Filed ?-9-Q2: 8:45 am]
guides CWTently being developed or
improvements in all publ~hed guides
are encouraged at any time. Written
comments may be aubmitted to the
Regulatory Publications Branch.
Division of Preedom of Information and
Publications Servicea. Office of
Administration. U.S. Nuclear Regulatory
Commiasion. Washington. DC 20555.
Regulatory guides are available for
inspection at the CommiHion's Public
Document Room. 2120 L Street NW .*
Washington, DC. Copiea of issued
guides may be purchased from the
Government Printing Office at the
current GPO price. Information on
current GPO pricea may be obtained by
contacting the Superintendent of
Documents. U.S. Government Printing
Office. Post Office Box 37082.
Washington. DC 2001::-1082. telephone
(202) 512-2249 or (202) 512-2111. Issued
guide* may alao be purchased from the
National Technical Information Service
on a standing order basis. Details on
this service may be obtained by writing
NTIS. 5285 Port Royal Road. Springfield.
VA22161.
Authority: 5 US.C. 552(a) ..
Dated at Rockville. Maryland. thia 30th day
of June 199%.
For the Nuclear Regulatory Commission ..
Eric S. Bec:kjord. Director,
Office of Nuclear ~ulatory Research.
(FR Doc. 92-162%4 Filed ?~2; 8:45 am)
91WNG CODI 111CM11*
Two-Yur Trial Program for
.i . --------------
Conducting Open Enforcement
AegulatQfY .Guides; Issuance,
Avallablllty
The Nuclear Regulatory Commission
baa iHued a revision to a guide in its
Regulatory <;;uide Series. This series has
been developed to describe and make
available to the public such infonnation
as methods acceptable to the NRC staff
for implementing specific parts of the*
Commission's regulations. techniques
used by the staff in evaluating specific
problems or postulated accidents. and
data needed by the staff in its review of
applications for permits and licenses.
Regulatory Guide 8.7, Revision l.
.. Instructions for Recording and
Reporting Occupational Radiation
Exposure Data," describes an
acceptable program for the preparation.
retention. and reporting of records of
occupational radiation exposures. It
includes copies of NRC forms 4 and 5
and detailed instructions on completing
them .
Comments and suggestions in
connection with items for inclusion in
Conferences; Polley Statement
AGENCY: Nuclear Regulatory
Commiasion.
ACTION: Policy atatement.
SUMMARY: The Nuclear Regulatory
Commission (NRCJ i1 iHuing this policy
statement on the implementation of a
two-year trial program to allow aelected
enforcement conferences to be open to
attendance by all members of the
general public. This*policy 1tatement
describes the two-year bial program
and inform* the public of how to get
information on upcoming open
enforcement conferences .
DATES: Thia trial program is effective on
July 10. 1992. while comments on the
program are being received. Submit
comments on or before the completion
of the bial program scheduled for July
11, 1992. Comments received after thi1
date will be considered if It is practical
to do ao. but the Commiasion is able to
asaure consideration only for comments
received on or before this date.
ADClflHRS" Send COIDIDenta to: The
Secretary of the Commission. U.S.
Nutjear Regulatory CommiHlon,
Washington. DC Z0555. A1TN:
Doclceting and Service Branch.
Hand deliver comment* to: One White
Flint North. 11555 Rodcville Pike.
Rockville, MD between 1:45 a.m. to 4:15
p.m.. Federal workdays.
Copies of comments may be examined
at the NRC Public Document Room. 2120
L Street. NW. (Lower Level).
f09' FUA'THER INFOllllATION CONTACT:
Jamee Lieberman. Director. Office of
Enforcement. U.S. Nuclear Regulatory
Commi11ion. Waahington, DC 20555
(301-SO.-Z141).
SUPPLEMENTARY INFORMATION:
Backgrouod
The NRC'a cunent policy on
enforcement conference* is addressed in
Section V of the latest revision to the
"General Statement of Policy and
Procedure for Enforcement Actions."
(Enforcement ~licy) 10 CFR part Z.
appendix C that was published on
February 18. 1992 (57 FR 5191). The
Enforcement Policy atate1 that.
..enforcement cooferencea will not
nonnally be open to the public."
However. the Commission has decided
to implement a trial program to
determine whether to maintain the
curTent policy with regard to
enforcement conference* or to adopt a
new policy thahv9uld aµow most
enforcement conferences to be open to
attendance by all member& of the public.
Policy Statement
Position
The NRC ii implementing a two-year
trial program to allow public
observation or telected enforcement
conferences. The NRC will monitor the
program and determine whether to
establish a permanent policy for
conducting open enforcement
conferences baaed on an assessment of
the following criteria:
(1) Whether the fact that the
conference was open impacted die
NRC's ability to conduct a meaningful
conference and/or implement the NRC's
enforcement program;
(2) Whether the open conference
- impacted the licensee'* participation in
the conference:
(3) Whether the NRC expended a
aignificant amount of resource* in
making the conference public: end
(4) The extent of public interest in
opening the enforcement conference.