ML20004E228
| ML20004E228 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 06/10/1981 |
| From: | Cutchin J NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Jordan W, Little L, Smith I Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8106110375 | |
| Download: ML20004E228 (5) | |
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June 10,1981 P
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Ivan W. Smith, Esq.
Dr. Walter H. Jordan Administrative Judge Administrative Judge Atomic Safety & Licensing Board Atomic Safety & Licensing Board U.S. Nuclear Re2ulatory Commission U.S. fluclear Regulatory Comuission Washington, D. C. 20555 Washington, D. C.
20555 Dr. Linda W. Little Administrative Judge 5000 lieraitage Drive Raleigh, North Carolina 27612 In the Matter of METROPOLITAN EDIS0N COMPAllY, ET AL.
(Three Mile Island, Unic 1)
Docket fio_._50-289
Dear 11 embers of the Board:
14, 1981 the Licensing Board requested that the Staff review its On Itay Safety Evaluation Reports and Supplements to identify Licensee commitments that the Staff would not attempt to enforce and report to the Board if there The Staff has completed the review that was requested.
A copy of are any.
the "NRC Staff's Report on Licensee's Comitments that the Staff Will Not Attempt to Enforce' and the " Affidavit of Richard H. Jacobs" are enclosed.
Sincerely, s
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James it. Cutchin, IV Counsel for NRC Staff cc (w/ encl.):
George F. Trowbridge, Esq.
fir. Thomas Gerusky Karin W. Carter, Esq.
Mr. Marvin I. Lewis Honorable Mark Cohen J. G. Herbein Ms. !!arjorie M. Aamodt Ms. Jane Lee Thonas J. Germine Edlter W. Cohen Allen R. Carter Robert Q. Pollard Chauncey Kepford Ms. Frieda Berryhill Gail P. Bradford William S. Jordan, III, Esq.
John Levin, Esq.
Jordan D. Cunningham, Esq.
Atomic Safety & Licensing Appaal Panel I ouise Bradford Ms. Ellyn R. Weiss Atomic Safety & Licensing Coard Panc1 nr. Steven C. Sholly Secretary 8"""o375
o Uf11TED STATES OF N1 ERICA flVCLEAR REGULATORY C0!!11SSION BEFORE THE AT0f11C SAFETY A!!D LICE!! SING BOARD In the Matter of METROF0LITAN EDIS0!! C0. ET AL.
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Docket No. 50-239 (Three flile Island Nuclear
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Station, Unit 1)
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(Restart) flRC STAFF'S REPORT ON LICEllSEE'S C0fe11TMENTS THAT THE STAFF WILL NOT ATTEMPT TO ENFORCE On May 14, 1981, the Licensing Board requested that the staff review its Safety Evaluation Reports and supplements to determine whether any staff con-clusions are based on licensee commitments that the staff does not regard as enforceable and report to the Board if there are any (Tr. 21,239).
In further discussion, the Board clarifi9 that its concern is with "those commitments which the Staff says it has relied upon as to which if they are defaulted, the Staff would not intend to act..." (Tr. 21,290).
The Staff has conducted a review of the Restart Safety Evaluation Report (NUREG-0680) and its supplements and has determined that except for those identi-fied below the Staff views all of the licensee's comitments that are identified in the SER and its supplements to be responsive to NRC requirements and would r.' tempt to enforce them. Because the following licensee commitments are not responses to NRC requirements, the Staff would not attempt to enforce them.
1.
Order Item 8, Item 2.1.5c - Hydrogen Recombiner In NUREG-0680, pg. C8-29, the staff reported that this NUREG-0578 recomenda-tion was deferred to long-term rulemaking action and as such, the licensee was not required to respond prior to restart.
The licensee did elect to respond to this item and comitted to pemanently install one recombiner prior to restart and have the capability to install a second recombiner within the time
, p frame needed following an accident. Until the rulemaking action is completed, the licensee could rely on his previously approved hydrogen purge system since there is no specfic flRC requirement for hydrogen re-combiners on plants of the vintage of THI-1.
(See 10 CFR 50.44).
The Staff considers the use of hydrogen recombiners to be highly desirable, but would not attempt to enforce this licensee commitment.
2.
Order Item 8, Item 2.1.7a - Automatic Initiation of EFW The licensee has committed to install cavitating venturis in the EFN lines to the steam generators as part of the long tenn EFW modification (flVREG-0680, Supp. 3, pg. 36). These venturis are beyond flRC requirements and hence the Staff would not attempt to enforce this commitment.
3.
Order Item 6 - Management Capability In fiUREG-0680, Supplement 1, p.11, the Staff concluded that the plant could operate with a five shift rotation of operators and still meet flRC - requi rements.
The Staff has no specific requirements for minimum shift rotation and would not attempt to enforce a five shift rotation provided the overtime guidance discussed in Item I.A.1.3, " Shift flanning"of ilDREG-0737 is followed and the requalification training program is adhered to.
4.
IlUREG-0737 Action Items As reported in ilVREG-0680 and its Supplements, the licensee has comitted to implement these actions in accordance with the flVREG-0737 schedule for
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operating reactors.
3-Houever, as the Conmission'noted in CLI-81-3 on (1 arch 23,1931, !!et Ed for some reason may not be able to meet all of its inplementation comnit-ments. Where that is the case, the implementation schedules for Tlil-1 may be reconsidered by the Cornission upon recommendation of the Staff.
The Staff's recomnendations for relaxation of implementation schedules for lill-l would be considered by the Connission on a case-by-case basis. To that extent-the licensee's schedule comitments for implementing I!UREG-0737 items as they appear in NUREG-0600 and its Supplements nay not be enforced.
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s UillTED STATES OF A!! ERICA fl0 CLEAR REGULATORY C0ft!ISSI0fl BEFORE THE ATOMIC SAFETY N!D LICEllSIllG BOARD In the Matter of
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fiETROPOLITN1 EDIS0Il CO. ET AL.
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Docket fio. 50-289 (Three flile Island fluclear
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Station, Uni.1)
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AFFIDAVIT OF RICHARD H. JACOBS I, Richard H. Jacobs, state under oath as follows:
1.
I an a Project lianager assigned to Operating Reactors Branch f4, Division of Licensing, Office of fluclear Reactor Regulation of the U. S. fluclear Regulatory Commission.
I am currently responsi-ble for coordinating the review and preparation of the staff's safety evaluations of Till-l licensee's compliance with the llRC transcript of this proceeding. (qualifications are bound into the requi rements. $ professional Jacobs) ff. Tr. 21,037.
2.
The "flRC Staff's Report on Licensee's Comitments That the Staff Will flot Attempt to Enforce" was prepared by me and is true and correct to the best of my knowledge and belief.
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Subscribed and sworn to before me this 9 th day of June 1980.
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