ML20036A462

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Responds to Licensee to Chairman Selin Re Concerns Raised About Potential Adverse Effect on Plant Operation & Public Health & Safety of Decision by Hearing Examiner of Massachusetts
ML20036A462
Person / Time
Site: Haddam Neck, Millstone  File:Connecticut Yankee Atomic Power Co icon.png
Issue date: 04/23/1993
From: Murley T
Office of Nuclear Reactor Regulation
To: Opeka J
NORTHEAST UTILITIES
References
NUDOCS 9305110256
Download: ML20036A462 (4)


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Docket Nos.

50-213 50-245 50-336 50-423 Mr. John F. Opeka Executive Vice President Northeast Utilities P. O. Box 270 Hartford, CT 06141-0270

Dear Mr. Opeka:

i 1 am responding to your letter of April 5,1993, to Chairman Selin.

In that letter, you raised concerns about the potential adverse effect on plant operation and public health and safety of a decision by a hearing examiner of the Massachusetts Department of Public Utilities.

This decision, if upheld, would apparently compel Northeast Utilities' (NU's) subsidiary, Western Massachusetts Electric Company (WMECO), "to produce reports and other documents prepared by NU's Nuclear Safety Engineering Group (NSEG) in an economic regulatory proceeding in Massachusetts subject to a confidentiality agreement" (your letter, p.2).

As you recognize, these and similar concerns are addressed in the NRC's "Possible Safety Impacts of Economic Performance Incentives:

Final Policy Statement" (56 FR 33945, July 24,1991).

Thank you for your information. We would appreciate being informed of further developments on this and similar issues.

Sincerely, Thomas E. Murley, Director Office of Nuclear Reactor Regulation DISTRIBUTION:

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Docket Nos.

50-213 50-245 50-336 50-423 I

Mr. John F. Opeka Executive Vice President Northeast Utilities P. O. Box 270 i

Hartford, CT 06141-0270

Dear Mr. Opeka:

I am responding to your letter of April 5,1993, to Chairman-Selin.

In that letter, you raised concerns about the potential adverse effect on plant operation and public health and safety of a decision by a' hearing examiner of l

the Massachusetts Department of Public Utilities. This.-decision, if upheld, -

would apparently compel Northeast Utilities' (NU's) subsidiary, Western Massachusetts Electric Company (WMECO), "to produce, reports and other documents prepared by NU's Nuclear Safety Engineering Group (NSEG) in an economic regulatory proceeding in Massachusetts subject to a confidentiality agreement" (your letter, p.2).

As you indicated, these and similar concerns are addressed in the NRC's "Possible Safety Impacts of Economic Performance Incentives:

Final Policy Statement" (56 FR 33945, July 24,1991).

The NRC i

has expressed no additional views beyond those already contained in the policy statement. Thank you.for your information. We would appreciate being i

informed of further developments on this.and similar issues.

i Sincerely, Thomas E. Murley, Director Office of Nuclear Reactor Regulation DISTRIBUTION:

[NEULTR]

1 Central File

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ILPB/PDFES/ED0 r/f

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R. Wood J. Taylor M. Slosson J. Sniezek S. Varga J. Blaha OGC T. Martin, RI l

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Mr. John F. Opeka penalizing a utility for improving its own' procedures or methods of operation.

For example, where a State public utility commission j

observes that a utility has modified its procedures following an t

incident, infers from the utility's. actions that the original procedures-must have been inadequate, and then disallows certain costs on the basis of such assumed inadequacies, the utility will.

have a strong disincentive voluntarily to enhance or improve its operations and procedures in the future.

Such State public utility l

commission action can discourage utilities from making needed im-i provements in procedures and operations and, thus, can be detrimen-tal to the long-term safety of operation.

(p. 33947) l l

We trust that the NRC's position as represented in this statement will I

be helpful to yo'u in your proceeding with the Massachusetts Department of j

Public Utilities.

The NRC has expressed no additional views beyond those already contained in the policy statement.

Thank you for your information.

We would appreciate being informed of further developments in this and similar

issues, j

Sincerely,

[

f Thomas E. Murley, Director

[

Office of Nuclear Reactor Regulation DISTRIBUTION:

[NEULTR]

Central File ILPB/PDFES/ED0 r/f i

R. Wood J. Taylor M. Slosson J. Sniezek i

S. Varga J. Blaha OGC T. Martin, RI l

A. Gody j

F. Miraglia i

T. Murley l

J. Partlow l

W. Russell i

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Mr. John F. Opeka !

penalizing a utility for improving its own procedures or methods j

of operation.

For example, where a State public utility commission observes that a utility has modified its procedures following an incident, infers from the utility's actions that.the original procedures must have been inadequate, and then disallows certain costs on the basis of such assumed inadequacies, the, utility will have a strong disincentive voluntarily to enhance or' improve its operations and procedures in the future. Such State public utility commission action can discourage utilities from making needed im-provements in procedures and operations and, thus, can be detrimen-tal to the long-term safety of operation.

(p. 33947)

We trust that the NRC's position as represented in this statement will be helpful to you in your proceeding with the Massachusetts Department of i

Public Utilities.

Thank you for your information. We would appreciate being i

informed of further developments in this and similar issues.

j I

Sincerely, t

Thomas E. Murley, Director Office of Nuclear Reactor Regulation DISTRIBUTION:

[NEULTR]

Central File ILPB/PDFES/ED0 r/f-R. Wood J. Taylor M. Slosson J. Sniezek S. Varga J. Blaha i

OGC T. Martin, RI A. Gody F. Miraglia 6

T. Murley J. Partlow W. Russell D. Crutchfield l

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