ML20039D821

Advises That Author Will co-sponsor Amend to NRC Authorization Bill Requiring Study & Pilot Program of Alternate Concepts for Improving QA Programs.Amend Defines Independent Auditor.Proposed Amend Encl

ML20039D821
Person / Time
Site:	Diablo Canyon
Issue date:	12/22/1981
From:	Simpson A SENATE, ENVIRONMENT & PUBLIC WORKS
To:	Palladino N NRC COMMISSION (OCM)
References
NUDOCS 8201060212
Download: ML20039D821 (5)

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'8 Honorable Nunzio J. Falladino g; p/

.p,7Ug Chairman . -o gg U.S. Nuclear Regulatory Conunission \u', ,

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._r Cha rm adino: -

On November 19, 1981, the Commission issued an order suspending the authority of the Pacific Gas and Electric Company to load fuel and conduct low power testing at the Diablo Canyon nuclear power plant. Among other things, the order specifies certain actions that the licensee must complete satisfactorily before this suspension will be lifted. In particular, the order

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requi~res NRC review and approval of an independent design verifi-cation program for the plant, to be proposed by the licensee, and the qualifications of the contractors proposed by the licensee to conduct the program.

I understand that the Commission will be considering in the near future possible criteria to be used in assessing the inde-l pendence of this design verification program and the suitability of the contractors proposed by the utility to conduct the program.

l I believe that the Commission, in e' s tablishing these criteria in this particular case, should consider the implications of these criteria for.possible broader, industry-wide application.

l Your recent statements have noted the possible need for independent, third party auditing in order to improve quality assurance in the construction of nuclear power plants. In addition, I intend to cosponsor an amendment, to be proposed by I

) Senator Ford when the Senate considers the NRC authorization bill l

early next year, that would require a study and pilot program of alternate concepts for improving quality assurance programs.

These alternate concepts include the use of independent , third l

party auditing. That amendment, a copy of which is enclosed, defines an independent auditor as a third party who has no responsibility for the design or construction of the plant.

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Honorable Nunzio J. palladino page Two I am concerned that if the Commission or the Congress at some point in the future decides that independent, third party auditing is appropriate on an industry-wide basis, the criteria now being developed in the Diablo Canyon case will set an impor-tant precedent for the industry-wide program. Therefore, I believe it appropriate for the Commission in this case to con-sider, to the extent possible, criteria that would be appropriate and workable on an industry-wide basis, and that would assure the

- ca11 ability of a sufficient number of qualified experts to con-at the necessary third party audits, should they be subsequently required throughout the industry. .

In that regard, I would appreciate receiving a copy of any criteria that the Commission intends to apply in reviewing and approving the independent design verific.ation program, and the selection of contractors to conduct this program, for the Diablo Canyon plant.

With best regards, ,

Most si cerely, I

Y(lrA K impson Unated tates Senator AKS/phh

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IN "mE SENATE OF Tl!E UNITED STATES-. ........ Con:, ........ Sess.

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. ( ) ReferredtotheCommitteeon andorderedtobeprinted

( ) Ordered to lie on the table and to be printed INTENDso tobe proposedby.Mr. Ford (for himself, Mr. Sim1 son and Mr. Hart)

Vis: On page 15, after line 23, add a new section to read as follows:

Sec. .(a) The Nuclear Pegulatory Commission is authorized and directM to implement and accelerate the resident inspector program so as to assure the assignment of at least one resident inspector by the end of fiscal year 1982 at each site .

at which a commercial nuclear powerplant is under construction and construction is more than 15 percent complete.

(b) The Commission shall conduct a 2tudy of alternate con-cepts and existing programs for improving quality assurance and quality control performance in the construction of comercial nuclear powerplants. In conducting the study, the Commission shall obtain-the comments of the public, licenseesholding construction permits and operating licenses for nuclear powerplants, and the Advisory Committee on Peactor Safeguards. The study shall include, but not be limited to, the following alternative concepts for improving quality assurance and quality controls (1) adopting a more prescriptive approach to defining principal architectural and engineering criteria for the construction of comezeial nuclear powerplants that would serve as a basis for cuality assurance and quality control, inspection, and enforcement actions:

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j (2) requiring, as a condition of the issuance of con-l struction permits for commercial nuclear powerplants, that the licensee demonstrate the capability of independently

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l performing all quality assurance and quality control 6

l responsibilities for the plants t . .

(3) encouraging and obtaining more effective inspections l

or audits of commercial nuclear powerplant construction by ..

independent industry and institutional organizations:

(4) reexamining the commission's organization and method for quality assurance development, review and inspection, with the objective of deriving improvements in the agency's programs and ,

(5) requiring, as a condition of the issuance of con-struction permits for commercial nuclear powerplants, that the licensee contract or make other arrangements with an independent inspector for auditing quality assurance responsi-bilities for the purpose, of verifying quality assuranee performance. An independent inspector is a third party who -

has no responsibilities for the design or construction of 7

the plant.

The study shall also include a survey of representative sites at l

which quality assurance and cuality control programs are operatinc

{ satisfactorily, and an assessment of the reasons therefor.

(c) The Commission shall undertake a. pilot program for assess-ine the feasibility and benefitr, of implementing one or more of l

the alternative concepts identified in subsection (b), provided, that the pilot program shall include the use of independent, third-i

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l party inspectors for auditing quality assurance responsibilities l

l of the licensee for the construction of commercial nuclear power-plants, as described in paragraph (5) of subsection (a) . The

' pilot program shall include at least three sites at which commercial i

nuclear powerplants are under construction. In selecting the sites to be included in the pilot program, the Commission shall select at least one site at which quality assurance and quality control ._

programs have operated satisfactorily, and at least two sites at which significant construction, quality assurance and quality i

control deficiencies have been identified in the past. The Commission may require any changes in existing quality assurance and quality control organizations and relationships that may be necessary at the selected sites to implement this pilot program.

(d) Not later than eighteen months af ter the date of enactment of this Act, the Commission shall submit a report tolthe Senate and

- the House of Representatives on the results of the study and the pilot program required by this section. The report shall include the recommendations of the Commission, including any necessary l

1egislative changes, and a description of any administrative changes i

that the Cormission has undertaken or intends to undertake, for l

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improving quality assurance and quality control perforeance in the construction of nuclear powerplants.

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