ML19260D308
| ML19260D308 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 01/05/1980 |
| From: | Cunningham G NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Mattson R Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19260D291 | List: |
| References | |
| NUDOCS 8002080292 | |
| Download: ML19260D308 (13) | |
Text
.
i January 5, 1980 MEMORANDUM FOR:
Roger Mattson FROM:
Guy Cunningham
SUBJECT:
TMI ACTION PLAN -- PREREQUISITES FOR RESUMPTION OF LICENSING At their meeting on January 4, the office directors were unanimously agreed that Commission approval of the recommendations of this paper should be obtained before their full implementation.
The.e was disagreement, however, as to whether that approval should be in the form of a general statement of policy or one or more rules (made immediately effective as appropriate).
OELD believes that the difference between the approaches should be highlighted and the consequences of the choice made clear.
A good discussion of this subject is presented in Pacific Gas and Electric Co. v. FPC (D.C. Cir. 1974) 506 F.2d 33.
In part, the Court said:
The critical distinction between a substantive rule and a general statement of policy is the different practical effect that these two types of pronounce-ments have in subsequent administrative proceedings.
A properly adopted substantive rule establishes a standard of conduct which has the force of law.
In subsequent administrative proceedings involving a substantive rule, the issues are whether the adjudicated facts conform to the rule and whether the rule should be waived or applied in that particular instance.
The underlying policy embodied in the rule is not generally subfect to challenge before the agency.
A general statement of policy, on the other hand, does not establish a
" binding norm."
It is not finally determinative of the issues or rights to which it is addressed.
The agency cannot apply or rely upon a general statement of policy as law because a general statement of policy only announces what the agency seeks to establish as policy.
A policy statement announces the agency's tentative intentions for the future.
When the agency aplies the policy in a particular situation, it must be prepared to suppo"t the policy just as if the policy statement had never been issued.
An agenc/ cannot escape its responsibility to present evidence and reasoning supporti1g its substantive rules by announcing binding precedent in the..
form of a general statement of policy.
(Citations and footnotes omitted.)
In the present situation, utilization of a policy statement to announce the agency's intention to require implementation of the recommendations of this paper will mean that the proposed requirement will be a proper subject for litigation in every contested case before the issuance of any permit or license.
OELD believes that immediately effective rules can be promulgated in the same 1938 231 8002080 [
2 period of time as a general statement of policy.
Moreover, to the extent that the rules are merely " interpretive" of present regulations, they may be promul-gated, as may a general statement of policy, without following APA rulemaking procedures.
/
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'. / La n
uy H. Cunningfiam, M Chief Regulations Counsel, OELD 1938 232
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EtlCLOSURE 2 flEAR-TERM SCHEDULE OF TMI-2 ACTI0tl PLAN Et iTS Monday, January 7, 1980 Meet with ACRS Subcommittee (Action Item 9:00 a.m. - 5:00 p.m., H1042 Managers attend in accordance with published schedule Tuesday, January 8, 1980 TMI-2 Action Plan Task Item Managers' 9:00 a.m. - 12:00 p.m. (Noon) P422 Meeting (all action item managers) 1:00 p.m. - 5:00 p.m., E/W Briefing on TMI-2 Action Plan items neaded (Room to be determined) to resume lic!nsing (Designated RONS Branch Representatives, Designated Action Item Managers, selected people from Operator Licensing)
Wednesday, January 9, 1980 Commissioner Meeting on TMI-2 Action Plan 9:30 a.m. - 12:00 p.m. (noon) H1142 items needed to resume licensing (all Action Item Managers) 2:00 p.m. - 5:00 p.m., E/W Briefing on TMI-2 Action Plan licensee (Room to be determined) discussion program (same as meeting on 1/8/80 plus selected Licensing Project flanagers for facilities to be visited, Regional repre-sentatives will be able to make airline flights after 6:00 p.m.)
C.0.B., E/W322 Action Item Managers submit copy of priority ranking number for cognizant sections.
Thursday, January 10, 1080 Meet with Full ACRS Committee on the entire 1:30 p.m. - 5:00 p.m., H1042 THI-2 Action Plan (All Action Item Managers)
Friday, January 11 thru Ac. ion Item Managers revise their sections Sunday, January 13, 1980 of the TMI-2 Action Plan in a,ccordance with the guidelines presented on January 8.
Monday, January 14, 1980 Present revised Chapter I Action Items to a.m., P-422 Steering Group (appropriate Action Item Managers) p.m.,.P-422 Chapter II Tuesday, January 15, 1980 a.m., P422 Chapter III p.m., P422 Chapter IV January 16 & 17, 1980 Action Item Managers further revised their sections as appropriate based on Steering Group coments.
1938 233
Uratt 1/7/80 Tl11-2 ACTI0tl PLAfl LICEtlSIflG RESUMPTI0ft PREREQUISITES-LICEllSEE ACTIVITY CROSSCUT Appli-Already Title Reference cability Approved Comment LICEtiSEE ORGANIZATION A.
Plant Organization Safety Engineering Group I.B.3.1 FL New issue Substantial Icensee resources a.
Shif t Technical Adviser I.A.l.1 FL STLL item b.
Licensee Operating Experience I.E.1 FL New issue Evaluation c.
Licensee Dis emination of I.E.2 FL flew issue Operating Experience d.
Reliability Assurance Program II.C.l.8
,FC'[2(#
tiew issue for Engineered Safety Features e.
Quality Assurance flot an NT0L item but icould fit within S.E.G.
organization General Comment: The Safety Engineering Group has been visualized as an independent, on-site,
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multidisciplined engineering group of fcur to six people cx) excluding the Shift Technical Advisers. The other functions rs) listed, (b, c, d, e) could be t/d JP*
included within the organization structure of the S.E.G.
Appli-Already Title Reference cability Approved Comment B.
Shift Organization 1.
Shift Technical Adviser I.A.l.1 FL STLL item 2.
Shif t Supervisor Duties I.A.l.2 FL STLL item 3.
Shif t Manning I.A.l.3 FL New issues SR0 & R0 always in Control Room, Operational / Administrative Aide, Restrictions on Overtime 4.
Shift Relief & Turnover Procedure I.C.l.2 FL STLL item 5.
Written Responsibilities for I.C.l.3 FL STLL item Shif t Personnel 6.
Control Room Access I.C.l.4 FL STLL item PROCEDURES A.
Administrative Procedures 1.
Restrictions on Overtime I.A.1.3(3)
FL STLL item 2.
Shift Relief & Turnover Procedures I.C.l.2 FL STLL item 3
3.
Shift Personnel Responsibilities I.C.l.3 FL STLL item 4.
Control Room Access I.C.l.4 FL STLL item 5.
Dissemination of Oper. Experience I.E.2 FL New issue
- ~~)
6.
Technical Support Center III.A.2.1 FL STLL item If[
7.
Onsite Operational Support Center III.A.2.2 FL STLL item psy va 8.
Near-Site Emergency Operation Center III.A.2.3 FL STLL item LJ' 9.
Upgrade Licensee Emergency III.A.3 FL STLL item Preparation Plans
Appli-Already Ti tle Reference cability Approved Comment B.
Operations Procedures 1.
Procedure Modifications 1
a.
Small Break LOCA I.C.l.l(4)
FL STLL item b.
Inadequate Core Cooling I.C.l.l( )
FL STLL item 2.
Vendor Review of Emergency, I.C.2 FP New Issue Low Power Test & hie Ascension 3.
Spurial Training-Low Power Test I.G.
FP New Issue Program 4.
Degraded Core Sampling II.B.3 FP STLL item 5.
Emergency Power for Decay He.
II.E.3,l FP STLL item Removal (Pressurizer Heaters) 6.
Diverse Containment Isolation II.E.4.3 FP STLL item 7.
Containment Purge / Purge Valves II.E.4.5 FP STLL item 8.
Subcooling Meter II.F.2(1)
FL STLL item 9.
Technical Support Center 2[EllA.2.1 FL STLL item 10.
In-plant Airborne Radiciodine IIll.0.1.3(a)
FL STLL item Instruments
- 11. Surveillance Testing for NON-ESF III.E.1.2(a)
FP New issue Filtration System tra CD Nu Ch
Appli-Already Title Reference cability Approved Comment C.
Engineering Procedures 1.
Degraded Core Sampling II.B.3 FP STLL item 2.
Emergency Power for Decay Heat II.E.3.1 FP STLL item Removal & Pressurizer Heaters TRAINING A.
Small Break LOCA and Inadequate I.C.l.1 FL STLL item Core Cooling B.
Special Training During Low Power I.G.
FP STLL item Test Program C.
Containment and Degraded Core II.B.3 FP STLL item Sampling D.
Degraded Core - Training II.B.4 1.
Establish Program FL New issue 2.
Complete Initial Training FP New issue E.
Emergency Power for Pressurizer II.E.3 FP STLL item Heaters & Decay Heat Removal F.
Containment Teolation II.E.4.3 FP STLL item G.
Containment Purga/ Purge Valve II.E.4.5 FP STLL item Operation 4
H.
Subcooling Meter Operation II.F.2(1)
FL STLL item L/4 co I.
Technical Support Center III.A.2.1 FL STLL item rv u
N
Appli-Already Ti tle Reference cability Approved Comment J.
Onsite Operational Support Center III.A.2.2 FL STLL item K.
Near-Site Emergency Operation III.A.2.3 FL STLL item Center L.
Emergency Preparedness Plans III.A.3 FL STLL item M.
In-plant Area Airborne II I.E'. l. 3 (a )
FL STLL item Radiciodine Monitors
()
N.
Surveillance Testing of NON-ESF III.E.1.2(a)
FP New issue Filtration System
'. HARDWARE ADDITIONS / MODIFICATIONS' A.
Relief and Safety Valve Position II.D.l.5 FL STLL item B.
Auxiliary Feedwater Auto-Start II.E.1.3 FW STLL item and Flow Indication C.
Emergency Power for Pressurizer II.E.3 FP STLL item Heaters & Decay Heat Removal D.
Install Diverse Containment II.E.4.3 FP STLL item Isolation Signal E.
Subcooling Meter II.F.2(1)
FL STLL item F.
Emergency Power for Pressurizer II.G FL STLL item Relief Valves, Block Valves,
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& Level Indicators
'"3 u
G.
Technical Support Cent..
III.A.2.1 FL STLL item N
H.
On-Site Operational Support Center III.A.2.2 FL STLL item L/4 co
Appli-Already Title Reference cability Approved Comment I.
Near-Site Emergency Operations III.A.2.3 FL STLL item Center J.
Upgrade Licensee Emergency III.A.3 FL STLL item Preparedness K.
Instruments for In-plant Airborne III.D.l.3(a)
FL STLL item Radiciodine Level CORPORATE ORGANIZATION A.
Licensee Organization &
I.B.l.1 FL New issue Management Capabilities LICENSEE ENGINEERING EFFORT A.
Engineering Studies 1.
Mini IREP II.C.l.1 FP New issue 2.
Reliability Assurance of ESF II.C.l.8 FP New issue Systems 3.
RCS Relief & Safety Testing II.D.l.1 FL STLL item Program 4.
Reliability Analysis of AFW II.E.1.1 FP New issue System 5.
Control Room Habitability 1.a.w.
III.D.2.1 FP New issuo Existing Reg. Guide m
6.
Secondary Site Leakage & R/A III.D.2.2(b)
FP New issues N
Hazards From Major Accidents ue
s Appli-Already Title Reference cability Approved Comment 7.
Auxiliary Building R/A Leakage III.D.2.2(c)
FP New issue Reduction (Bldg. Exhaust Fil tration) 8.
Vent Gas & Leak Detection System III.E.1.1 FP New issue Against New Criteria B.
New Equipment Designs 1.
Primary System Vent II.B.1 FP STLL item 2.
Degraded Core Shielding II.B.2 FP STLL item 3.
Degraded Core & Containment II.B.3 FP STLL item Sampling 4.
Auxiliary Feedwater Auto-Start &
II.E.1.3 FP STLL item Flow Indication 5.
Emercency Power for Decay Heat II.E.3.I FP STLL item Removal & Pressurizer Heaters 6.
Redundant Dedicated Containment II.E.4.1 FL STLL item Penetrations for H2 Recombiner (ifneeded) 7.
Diverse Containment Isolation II.E.4.3 FP STLL item System 8.
Subcooling Meter II.F.2(1)
FL STLL item 9.
Vessel Water Level Indicator II.F.2(2)
FL STLL item 10.
Emergency Power Supply for II.G FL STLL item Pressurizer Relief & Block
~4)
Valve & Level Indocators L/4 co
- 11. Technical Support Center III.A.2.1 FL STLL item p,
4 CD
Appli-Already Title Reference cability Approved Comment 12.
On-site Operational Support III.A.2.2 FL STLL item Center 13.
flear-Site Emergency Operations III.A.2.3 FL STLL item Center 14.
In-plant Area Radiciodine Radiation III.D.l.3(a)
FL STLL item Monitors e
g u
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N 4
ENCLOSURE 4 NRC MEETING WITH PACIFIC GAS AND ELECTRIC COMPANY JANUARY 22, 1980 Diablo Canyon (Site)
Meetings I.
INTRODUCTION AND PURPOSE OF MEETING D. Sternberg II. ACTI0ft PLAN LICEilSING RESUMPTION D. Sternberg PREREQUISITE ITEMS A.
Plant Organization (Corporate & Site) 1.
Safety Engineering Group 2.
Shift Organization B.
Corporate Organization (Corporate)
C.
Procedures (Corporate & Site)
}9)0 2k2 1.
Administrative Procedures 2.
Operations Procedures 3.
Engineering Procedures D.
Training (Corporate & Site)
E.
Modifications (Corporate & Site)
F.
Engineering Studies (Corporate)
G.
New Equipment Designs (Corporate & Site)
III. CLOSING C01MENTS NRC STAFF
ENCLOSURE 5 SUGGESTED ATTENDEES (Both Meetings Held At Site)
CORPORATE MEETING Vice President, Operations Director, Operations Manager, Licensing Plant Manager + Staff as desired Director / Manager, Engineering Technical Adviser 1938 243 OPERATIONS MEETING Shift Supervisor SR0's R0's