ML20043B673
| ML20043B673 | |
| Person / Time | |
|---|---|
| Site: | 07100170 |
| Issue date: | 05/25/1990 |
| From: | Darmitzel R GENERAL ELECTRIC CO. |
| To: | NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| References | |
| NUDOCS 9005310104 | |
| Download: ML20043B673 (2) | |
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GE Nuclear Energy e
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pa n m wem me f4ina@tt le 945&E May 25, 1990 G;
U..S. Nuclear Regulatory Commission Washington, D.C. 20555 ATTENTION:
Document Control Desk
SUBJECT:
Inspection Report No. 710170/90-03 Reply to a Notice of Violation
REFERENCE:
Letter from C. E. MacDonald (NRC) to R. W. Darmitzel (GE),
Subject:
Inspection Report No. 710170/90-03 Notice of Violation and Notice of Nonconformance, dated April 13, 1990.
Pursuant to the provisions of 10CFR2.201, this is GE Nuclear Energy's response to the Notice of Violation (NOV) contained in the reference letter dated April 13, 1990. GE Nucicar Energy (GE-NE) denies the violation.
~The NOV states that contrary to the requirements of 10CFR21.21(b), GE "...did not make the necessary notification to NRC regarding a deviation between the NRC-approved design and the four Model 1500 casks as fabricated".
GE-NE believes this to be an incorrect interpretation of the requirements under 10CFR21. Any deviation must be evaluated and determined to represent a
, substantial safety hazard (a defect) before reporting (of the defect) is required.
This position is consistent with Part 21 paragraph 21.3 Definitions (d): " Defect" means: (1) A deviation...in a basic com>onent...,
on the basis of an evaluation..., the deviation could create a suastantial safety hazard; and the statement in paragraph (g): " Evaluation" means the process accomplished by or for a licensee to determine whether a particular deviation could create a substantial safety hazard; and the guidance provided in NUREG 302, Rev. 1, page 21.3(d)-7 in the response to question 14:
...It is only after delivery of a basic component _ containing a deviation and the determination, by an evaluation, that the deviation is a defect that a Part 21 report need be made...".
In our case, several Model 1500 casks had deviations in that they did not have a cavity fillet weld called for on the fabrication drawing, and the certification drawing for the cask did not show this cavity fillet weld.
GE-NE identified these deviations.
The NRC was notified of both these situations in a Certificate of Compliance amendment request dated August 3, 1989. The NRC approved the addition of the fillet weld to the certification drawing and the casks in Revision 15 to the Certificate of Compliance No.
5939 on August 30, 1989.
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USNRC May 25, 1990 Per GE-NE's procedure 70-42, which is our internal 10 CFR Part 21 procedure, a Potential Safety Concern (PSC) is the-lowest level of concern at which a GE-NE em)1oyee identifies a possible safety concern.
In this case, the responsi)1e engineer and other knowledgeable individuals became aware of the identified deviation of an inside weld in the shipping cask, but none considered it sufficient to constitute a PSC, requiring identification and evaluation. - Considering the deviations in light of the form of authorized contents for the shipping package specified in the Certificate of Compliance, we conclude it did not represent a substantial safety hazard.
Nevertheless, GE did remove the containers from service until the fillet weld was added.
The NOV claim that NRC was not notified of the deviations is incorrect. A letter documenting the deviations was sert to the NRC on August 3, 1989.
GE-NE complied with our internal policies and procedures and correctly concluded that the deviation did not represent a reportable condition under 10CFR21, Based on the above, GE-NE requests that the NRC withdraw the Notice of Violation.
If there are any questions about the above response, please contact G. E. Cunningham at (415) 862 4330.
Sincerely, h h nJn v
R. W. Darmitzel, Manager Irradiation Processing
/ca ec:
C. E. MacDonald (NRC NMSS; Rockville, MD)
B. Wolfe (GE; San Jose, CA) i i