ML19323B210

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Responds to & 800408 Discussion Re Unfettered Inspector Access to Plant.Nrc Inspectors Must Be Given Access Equivalent to Operating Superintendent.Any Training Requirements for Plant Access Will Also Apply to Inspectors
ML19323B210
Person / Time
Site: Point Beach  
Issue date: 04/16/1980
From: James Keppler
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To: Burstein S
WISCONSIN ELECTRIC POWER CO.
References
NUDOCS 8005120083
Download: ML19323B210 (2)


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7H ROOSEVELT ROAD GLEN ELLYN, ILLINOIS 60137 April 16, 1980 Docket No. 50-266 Docket No. 50-301 Wisconsin Electric Power Company ATTN:

Mr. Sol Burstein Executive Vice President Power Plants 231 West Michigan Milwaukee, WI 53201 Gentlemen:

This letter is in response to your letter of October 22, 1979, concerning unfettered inspector access to the plant and documents our discussions of this subject with you and members of your staff at the Point Beach site on April 8, 1980.

As you know, 10 CFR 50.70tb)(3) requires a licensee to afford an NRC inspector "immediate unfettered access, equivalent to access provided regular plant employees". As discussed in the April d meeting, this expanded regulatory requirement is focusing on the requirement to provide unescorted access by our resident inspectors any time of day or night. In actuality, they reqrire access equivalent to the Op1. rating Superintendent to perform the various duties assigned to them. Access on back shifts will be for inspection activities that will not normally require administrative support on your part.

If you require a training program of reasonable duration or the presence of an escort during a reasonable site familiarization phase for your employees, NRC inspectors would be required by the current regula-tion to have equivalent training and escort.

Since a limited number of our inspectors have already satisfied your requirements in these areas, I fore-see no difficulties in meeting these requirements.

We recognize that most Region III office-based inspectors and supervisors do not spend enough time at the site to maintain familiarity with the plant.

We believe it would be reasonable to badge these individuals for unescorted access (after appropriate training and plant familiarization) in uncontrolled areas such as the administration building, turbine building and control room.

Regarding indemnification ccacerning NRC inspectors and the Commission's liability, 10 CFR 50.70 has not changed 10 CFR 14.1 which provides a

Wisconsin Electric Power. Company,

mechanism for relief " caused by the negligent or wrongful act or omission of any employee of the Nuclear Regulatory Commission while acting within the scope of his office or employment".

If you still have concerns or wish to discuss this matter further, please call me.

Sincerely, A h' James G. Kepp r Director Mr. G. A. Reed, Plant Manager Central Files J

Reproduction Unit NRC 20b PDR Local PDR NSIC TIC Sandra A. Bast, Lakeshore Citizens for Safe Energy Mr. John J. Duffy, Chief Boiler Inspector, Department of Industry, Labor and Human Relations O

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