ML20045G981

Affidavit.* INPO Rept Should Not Be Disclosed Because San Luis Obispo Mothers for Peace Need for Document Do Not Outweigh Interests of Pg&E,Inpo & NRC & Public in Disclosure.W/Certificate of Svc

ML20045G981
Person / Time
Site:	Diablo Canyon
Issue date:	06/30/1993
From:	Townsend J PACIFIC GAS & ELECTRIC CO.
To:
Shared Package
ML20045G970	List: ML20045G969 ML20045G981
References
CON-#373-14086 OLA, NUDOCS 9307160210
Download: ML20045G981 (27)

Text

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of: )

) Docket Nos. 50-275-OLA Pacific Gas and Electric Company ) 50-323-OLA ,

) (Construction Period j (Diablo Canyon Nuclear Power ) Recovery)

Plant, Units 1 and 2) ) I

) ,

AFFIDAVIT JOHN D. TOWNSEND, being~first duly sworn, deposes and says l as follows:

)

1. I am the Vice President - Diablo Canyon Operations and Plant Manager in Pacific Gas and Electric Company's ("PG&E")

Nuclear Power Generation Business Unit. One of my ,,,--

responsibilities includes representing PG&E in its interface with the Institute of Nuclear Power Operations ("INPO").

2. I am familiar with the INPO document that is the I subject of Discovery Request 13, as set forth in "Intervenor San Luis Obispo Mothers for Peace Second Set of Written Interrogatories and Requests for the Production of Documents to l Pacific Gas and Electric Company," dated March 8, 1993. This ,

i Discovery Request was also discussed in the following:

(a) " Pacific Gas and Electric Company's Response to Second Set of Written Interrogatories and Requests l For The Production of Documents Filed by San Luis Obispo Mothers For Peace," April 12, 1993; (b) "Intervenor San Luis Obispo Mothers for Peace Motion to Compel Pacific Gas and Electric Company to Respond to the Second and Third Sets of Interrogatories and Requests for Production of 9307160210 DR 930702 ADOCK 05000275 PDR

s l I

( Documents Filed by San Luis Obispo Mothers for ,

I Peace," April 26, 1993; and l (c) "Prehearing Conference Order (Late-filed Contentions and Discovery)," June 17, 1993.

l

3. I also am familiar with the " Memorandum of Agreement Between the Institute of Nuclear Power Operations and the U.S.

Nuclear Regulatory Commission," (" Memorandum of Agreement") dated October 21, 1991.

4. INPO is a private non-profit consortium of electric utility companies operating nuclear power plants in the United States. It produces, and circulates to its membership, reports that present the results of its own inquiries into events and experiences of potential safety significance occurring at its members' power plants, either on a plant-specific or industry-wide (topical) basis. INPO also performs routine assessments of )

various aspects of nuclear power operations, with the objective of encouraging increased overall Operational performance.

5. The Memorandum of Agreement and its appendices, copies of which are attached to this affidavit, provide for NRC access l

l to selected INPO proprietary documents and information. In 1

accordance with the Memorandum of Agreement:

l [S]uch documents and information provided to

NRC will be appropriately identified as i Limited or Restricted Distribution.

! Consistent with previous legal decisions sanctioning the exchange of proprietary information between INPO and NRC and in the interest of improving nuclear plant safety, l NRC will control distribution of INPO proprietary documents and information within the agency and will exert best efforts to l

protect it from unauthorized disclosure.

l

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Memorandum of Agreement at 2-3.

1 3

6. The document in question in this proceeding is the property of INPO and is copyrighted by INPO. In addition, the

document is stamped by INPO as " Restricted Distribution."

" Restricted Distribution" means: 1 1

[ " RESTRICTED DISTRIBUTION: Copyright l 1990 by Institute of Nuclear Power j Operations. All rights reserved. Not for  !

sale. Reproduction of this report without

prior written consent of INPO is expressly )

j prohibited. Unauthorized reproduction is a

violation of applicable law. The persons and

organizations that are furnished copies of j this report should not deliver or transfer  !

! this report to any third person, or make this report or its contents public, without the l prior agreement of INPO and the member of j INPO for whom the report was written."

i i

l To my knowledge PG&E has never breached the prohibitions imposed on it by INPO through these restrictions.

] 7. The NRC has not been provided with copies of the INPO d

j document that is the subject of Discovery Request 13.

)

I

, Furthermore, PG&E has been informed that INPO does not consent to l 4

the production or disclosure of said INPO documents to the San i

j Luis Obispo Mothers for Peace in the proceeding. [See attached I

l letter from INPO) i

8. I am aware that, in addition to its undertakings in the Memorandum of Agreement, the NRC has considered whether INPO 4

reports in the possession of the NRC should be made publicly available under the Freedom of Information Act ("FOIA"), and i

concluded that they should not, in connection with litigation i

! known as the Critical Mass case. The position of the NRC on this a

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j issue, as described and upheld by the Court in that litigation, j is that "INPO reports are confidential within the meaning of 1

j [FOIA) Exemption 4 and therefore [are) protected from discovery."

i i Critical Mass Enerav Proiect v. Nuclear Reculatory Comm'n, 975 F.2d 871, 880 (D.C. Cir. 1992).

1 l 9. The NRC and INPO policy on disclosure, and the

,i underlying reasons that support that policy, apply equally to the j documents covered by the document request here at issue.

4

! 10. In making its determination as to whether the i

information in question should or should not be released, the j Licensing Board in this proceeding has invited PG&E to address 1

l the factors specified in 10 C.F.R. S 2.790(b) (4)-(5) . Turning j i

first to 10 C.F.R. S 2.790 (b) (4) (i) , PG&E continually has held

! the INPO document at issue in confidence since receiving it from j l

INPO.

1 l

11. In response to 10 C.F.R. S 2.790(b) (4) (ii) , I can 1

attest that the information contained in the INPO document that

! is the subject of Discovery Request 13 (ine t, the results of 2

~

critical self-assessment) is of a type customarily held in

! confidence by its owners. As explained in Paragraph 5 of my i

j affidavit, these types of INPO reports are stamped by INPO as 1

" Restricted Distribution." As a result, INPO members do not make j such reports publicly available.

12. In response to 10 C.F.R. S 2.790 (b) (4) (ii) , there is a

" rational basis" for maintaining the confidential nature of INPO reports. Namely, the disclosure of critical self-assessment 1

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information will injure INPO's and PG&E's intereste in preventing i

its unauthorized release. Disclosure of INPO reports will serve l

l as a strong disincentive for INPO and its members to engtge in 1 I

! critical self-analyses and to make such documents available to l I i the NRC. In sum, there is a strong public policy interest in i l

favor of self-critical, internal review and evaluation by j

j licensees of potential problems. l i

13. In response to 10 C.F.R. S 2.790(b) (4) (iii) , the INPO  :

) report at issue was not transmitted to and/or received by the NRC

-- in confidence or otherwise. As I stated in Paragraph 7, the l NRC has not been provided with any copies of the INPO document l j that is the subject of Discovery Request 13. j i

14. In response to 10 C.F.R. S 2.790(b) (4) (iv) , I can 1 i  !

l attest that the INPO evaluation at issue is not available from

. public sources. l

! l

15. As for the factors specified in 10 C.F.R. S l 1

2. 790 (b) (4 ) (v) , public disclosure of the information sought by j i

MFP is not likely to cause substantial harm to the competitive

position of the " owners" of the information (i.e., INPO and i

PG&E). Rather, as explained in Paragraph 12, the public policy 3 concerns arising in connection with disclosure of the reports i

j pertain to the future availability of self-critical review by l 1

licensees -- not the adverse competitive or monetary impacts of i.

disclosing such information.

l

) 16. Finally, the INPO report at issue should not be j i

1 disclosed pursuant to 10 C.F.R. S 2.790(b) (5) because MFP's need ,

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I i

1 1 l

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! for the document does not outweigh the interests of PG&E, INPO, l the NRC, and the public in nondisclosure. The Licensing Board I has recognized that MFP has not demonstrated "any particular need for the documents beyond that set forth in its motion, other than

, curiosity." Prehearing Order at 33. In the absence of demonstrable need, the public interest in the continued performance and availability of critical self-assessments 1

j strongly favors withholding the INPO document at issue from

disclosure, i

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'~' 1 i JOHN D. TOWNSEND' ' '

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Sworn and subscribed to before me j this30A aay of suQ , , 1993.

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l Hr. Zack T. Pate. President Institute of Nucicar Power Operations Suite 1500 1100 Circle 75 Parkway

Atlanta,' Georgia 30339

Dear Mr. Pate:

(

l Enclosed is the revised "Homorandum of Agreement Between the Institute of liuclear Pcwer Operations and the U.S. Nuclear. Regulatory Commission" which we j have both signed. Its effective date is October 21, 1991.

! I sincerely hope that we can continue to conduct our activitics in accordance

{ with this agreement to improve the safety and reliability of nuclear 1 operations.

j Sincerely, j

• Jrepnal Signed 0/

j hrnes M. Taylor James M. Taylor j Executive Director j for Operations t r l

Enclosure:

!. As stated i

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, MEhf 0RANDUh! OF AGREEMENT  !

BETWEEN TIIE INSTITUTE OF NUCLEAR POWER OPERATIONS

AND TILE U. S. NUCLEAR REGULATORY COMMISSION i

This memorandum between the U.S. Nuclear Regulatory Commission (NRC) and

the Institute of Nuclear Power Operations (INPO) reflects the desire for a continuing i and cooperative relationship in the exchange of experience information, and data related to the safety of nuclear power plants.

1 The NRC has statutory responsibility for licensing and regulating nuclear facilities and materials and for conducting research in support of the licensing and regulatory 4

process, as mandated by the Atomic Energy Act of 1954, as amended, the Energy 4

Reorganization Act of 1974, as amended, and the Nuclear Nonproliferation Act of 1978; and in accordance with the National Environmental Policy Act of 1969, as 4 amended, and other applicable statutes. NRC's responsibilities include protecting public health and safety, protecting the environment, protecting and safeguarding materials and plants in the interest of national security, and assuring conformity with antitrust laws. INPO is an organization sponsored by the nuclear utility industry whose mission is to promote the highest levels of safety and reliability in the .

I

! operation of nuclear electric generating plants. As such, NRC and INPO undertake a mutual and complementary activities, as defined in app .ndices to this Agreement.

These appendices will help ensure that the goals of both organizations are achieved

in the most efficient and effective manner without diminishing or interfering with the responsibilities and authorities of the NRC and the goals ofINPO.

This Memorandum is not intended to be an enforceable agreement or contract on either party, notwithstanding the occasional use of the term " agree" or the use of mandatory language such as "shall" or "will"in either the Memorandum or its appendices. Since this Memorandum is not legally binding, the Commission may depart from its terms whenever it deems It necessary or appropriate to do so in the discharge of its regulatory responsibilities, except that in the interests of cooperation the Commission will,if appropriate and practical, advise INPO of anyintention to depart from the terms of this Memorandum prior to doing so.

It is intended that this Memorandum of Agreement and its companion appendices 4 corr / v int one another. Appendices are utilized to delineate detailed and specific anu ' . coperative agreements which exist between the parties of this Agreement and wt.ch may be amended from time to time. The appendices are not interpreted as restrictive to only those areas specified in the document, but serve as keystones of the Agreement for the exchange ofinformation to support the common goals of both organizations.

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memuu. um m gocmem Between INPO/NRC Page 2 1 1 i  !

INPO and the NRC agree to consult with each other with regard to the availability of technicalinformation which would be usefulin areas of mutualinterest; and to  ;

promote and encourage a free flow of such information. In this regard,INPO will provide plant specific information on a case by case basis consistent with the other provisions of this Agreement. Both parties recognize the need for excluding from this Agreement fragrientary information related to work in progtess and/or which i has been received on a privileged basis. However, as information is verified and

found to be necessary or important to findings upon which significant safety related i conclusions and recommendations are based, the party holding such information will take appropriate and timely steps to remove it from the fragmentary, privileged or otherwise restricted status. However, the NRC cannot provide information to INPO that is required by law to be withheld. Each party recognizes the need, on some i occasions, to be able to accept and protect privileged information where such j information could not be made available otherwise. It is recognized that the parties

to this Agreement may not be fully aware of the extent of each other's knowledge

and thus, this Agreement requires only the parties' best efforts and a reasonable

! degree of care in assuring that significant safety related information is provided in a timely manner to the other party, i The parties to the Agreement will meet periodically to exchange information and i keep each other apprised of the major activities underway and planned in each aren of agreement. The meetings are an effort to avoid unnecessary and unintentional i duplication of activities, while providing a means to identify those areas where independent activities by another organization may be warranted.

Coordination meetings are for information exchange only. Meetings are not to be construed as requests or opportunities for (or used by the NRC for obtaining) the advice or recommendations of INPO or its personnel on policy or regulatory issues ,

4 within the scope of the NRC's responsibilities. INPO advice or recommendations to l the Commission on regulatory or policy matters,if any, are to be made through established procedures of the Commission and will be considered by the Commission in the same manner as other offers of advice or recommendations made through established Commission procedures. Minutes of all coordination meetings will be placed in the NRC public document room. These need not be verbatim transcripts

of coordination meetings, but should include a list of the meeting participants and agenda items discussed at meetings,with brief summaries of the discussions held by meeting participants.

In addition to meetings,it is expected frequent, informal communications will exist among the parties that will be limited to exchanging information and providing updates on the status of actMtles in progress or planned. The appendices to this agreement provide for NRC access to selected INPO proprietary documents and

Information. Such documents and information provided to the NRC will be 1

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, . , Memorandum of Agreement Between INPO/NRC l Page 3 l

appropriately identified as IJmited or Restricted Distribution. Consistent with i previous legal decisions sanctioning the exchange of proprietary information between INPO and NRC and in the interest ofimproving nuclear plant safety, NRC will control distribution of INPO proprietary documents and information within the

agency and will exert best efforts to protect it from unauthorized disclosure.

j Exceptions to this policy for control of INPO proprietary documents and information j will be addressed by the parties to this agreement on a case by case basis.

3 This Agreement supersedes the previous Agreement dated October 20,1988.

b_ a M [

ti s M. Taylor // Zy cif T Phte

!' ecutive Director for Operations President l U.S. Nuclear Regulatory Commission Institute of Nuclear Power Operations  ;

Effective Date

October 21,1991 1

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i APPENDIX NUMBER ONE  ;

} COORDINATION PIAN FOR NRC/INPO <

i EXCIIANGE OF OPERATIONAL EXPERIENCE DATA 1

M \

1. BACKGROUND i

j The purpose of this plan is to coordinate selected NRC and INPO nctivities re!hted to the collection and feedback of operational experience,information and data related to the safety and reliability of nuclear power plants. There are several underlying assumptions, including the following:

I a. NRC as the government entity has statutory responsibilities and authorities which are paramount. Nothing in this plan dilutes that

{ responsibility and authority to take action in accordance with applicatile statutes.

5

! b. Recognizing the ability ofINPO to contribute to safe and reliable i operation with a resulting benefit to public health and safety, the 4 fo!!cwing statements apply:

i i (1) NRC and INPO share the common objectives that reporting of I

operational experience information and data be efficient and that duplicative or inconsistent reporting be minimized.

(2) NRC and INPO agree that the validity of analysis results may depend upon the completeness and quality of input i information.

(3) NRC and INPO agree that the effectiveness or operational data  ;

, feedback is dependent upon a proper understanding of the ilgnificant lessons learned from industry operating experience.

j 2. OVERALL COORDINATION

n. NRC and INPO will regularly exchange, on a timely basis, the results il' of completed and formally documented generle analysis and event evaluation of operational data.

I

b. INPO will provide the NRC with timelylistings of the algnificant events that have been identified by the SEE IN screening process as algnificant events for analysis. Similarly, the NRC will provide INPO in

a timely manner with the results ofits algnificant event screening l

procedure that Identifies events for engineering evaluation or a case study and for Information Notices or Bulletins.

Appendix Number One Coordination Plan for NRC/INPO Exchange of Operational Experience Data Page 2

c. Infonnation and data obtained by the NRC from foreign sources, that do not include restrictions on further distribution, will be entered into a computerized data bank and will be made available for INPO analysis activities. Foreign information and data obtained by INPO i

that does not include restrictions on further dissemination will similarly be entered into an INPO data base and will be made available for NRC analysis activities.

! d. INPO will provide the NRC access to and use of the Nuclear Plant Reliability Data System (NPRDS) operated and maintained by INPO.

Additional agreements regarding NPRDS access and usage are

' contained in a contract between NRC and INPO that is separate from this agreement.

e. NRC and INPO intend to have periodic informal technical discussions on generic or event related studies in progress that are of mutual

interest.

< f. Prior to issuing to the industry an Information Notice or other

completed and formally documented analysis on a specific event at a nuclear power plant, the NRC agrees to make reasonable e(forts to review available INPO SEE IN products to determine whether INPO has additional technicallnformation which bears on the subject matter.

i Similarly,INPO agrees to make reasonable efforts to review available NRC infermation Notices or other completed analysis to determine whether the NRC has additional technlen) Information which bears on an INPO SEE IN product. Unless a compelling safety concern dictates otherwise, the party identifying technicalinaccuracies,if any, i will give the other party reasonable advance notification of the inaccuracies and seek resolution before formally issuing the information to the industry.

I 4T/ D. '

a 6s M.Tayloy/ X Pate

ecutive Director for Operations Pres nt U.S. Nuclear Regulatory Commission Institute of Nuclear Power Operations Effective Date: October 21,1991 ..

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APPENDIX HUMBER TWO COORDINATION PLAN FOR HRC/lHP0 APPRAISAL. AND EVAL.UATION l ACTIVITIES l 1. BACKGROUND The purpose of this plan is to coordinate selected It is NRC and also intended to INPO utility provide a

- appraisal and evaluation activities.

mechanism and a basis for NRC to recognize INPO efforts in this area.

There are several underlying assumptions, including the following:

o INPO recogni:es NRC's regulatory responsibilities and authority, o NRC recognizes INPO's efforts to promote excellence in nuclear plant operations, o NRC desires to recognize INPO evaluation activities to the ,

extent that these activities are effective in helping meet NRC's '

responsibilities as well as lessen the burden imposed on the industry by duplicative appraisal activities.

o NRC requires access to selected INPO documents and information I as well as the opportunity to observe selected INP0 activities i in order to be able to give credit for INPQ activities and to thereby avoid unnecessary duplication.

2. INPO ACTIVITIES This section outlines current and planned INPO evaluation activities.

a. INPO will conduct evaluations of operating nuclear plants on a  !

' periodic basis. The interval between plant evaluations will average about 16 months,

b. INPO will conduct evaluations or assistance visits related to corporate support of nuclear stations. This phase of INPO activities willusuallybeconductedcoincidentwith(inclosetimeproximity i

to) an evaluation of the utility's plants.

c. INPO will prepare a written report for each evaluation. These reports will include appropriate utility responses in each area identified by INPO as needing improvement.

s Appendix Number Two Coordination Plan for NRC/INPO Appraisal and Evaluation Activities Page Two

d. Each succeeding evaluation will include follow-up on the responses developed during the preceding evaluation.

s

e. INPO will conduct appropriate visits to Hear Term Operating License plants and their corporate organizations to assist in their preparation for operation.

3. NRC REVIEW OF INPO ACTIVITIES

a. INPO expects its member utilities to make operating plant evaluation Further, INPO reports available to the NRC for review or reading.

will make final evaluation reports available to the NRC for review or reading by appropriate NRC management personnel at the INPO of fices in Atlanta.

b. Current copies of, and any changes to, INr'] evaluation criteria will be provided to NRC.

c. NRC may, on request, have a representative observe an INPO evaluation. INP0 will obtain the necessary concurrence from the host utility. While specifying a maximum number to be observed is not considered necessary by either party, it is anticipated that an NRC representative may observe !NPO evaluations several times annually.

Where NRC Regional personnel participate as observers, they would not normally accompany an INPO team on an evaluation in their own Region.

d. INPO will brief personnel of the NRC Division of Reactor Inspection and Safeguards, Office of Nuclear Reactor Regulation (NRR) periodically on all aspects of INPO's evaluation and assistance program.

e.

NRC review of INPO evaluation activities will be coordinated by the NRC Office of the Executive Director for Operations. Since INPO has its own system for obtaining member corrective action, NRC's role in pursuing correction of INPO evaluation findings will primarily involve only those potentially significant safety problems for which HRC has no other reasonable alternative in meeting its legislated responsibilities. Any other NRC follow-up enforcement action would be in accordance with paragraph 4.c. below.

4. HRC RECOCHITION OF THE INP0 EVALUATION PROGRM

a. Subject to the continued development and success of the INPO program as outlined above and NRC's ability to effectively review the program, NRC intends to recognize INPO evaluations and, in those

a l

i Appendix Humber Two

?

Coordination Plan for NRC/INPO Appraisal and Evaluation Activities Page Three areas deemed appropriate, to minimize NRC-sponsored evaluations or appraisals that duplicate INPO evaluations.

b. NRC and INPO will coordinate NRC inspections (involving two or more inspectors) and INPO evaluations to minimize the impact on the l utility involved. Where feasible, HRC and INPO will coordinate event related or other emergent on-site activities such as HRC augmented  !

inspection teams (AITs), incident investigation teams (!!Ts),

diagnostic evaluation teams (0ETs) and INP0 event investigations, although each party recognizes that it may not be possible to coordinate all of these efforts.

c. The NRC will apply the established Commission enforcement policy for ,

licensee identified non-compliances to those non-compliances identified by utilities as a result of INPO evaluations, ddh /Ah/

Victor /5te J10, JtfLg.kA,Pate l

ExecutMve'Dir t r for Operaticos (President U.S. Nuclear R ulatory Comission Institute of Nuclear Power Operations Effective Date: October 20,1988  !

l I

i 1

i APPENDIX NWSER THREE C00RDINATICH PLAN FOR NRC/INPO TRAINING-RELATED ACTIVITIES i

i

1. BACKGROUND The purpose of this plan is to coordinate selected NRC and INPO activities related to nuclear power industry training. It is also intended to provide a mechanism and a basis for information sharing and HRC

recognition of INPO efforts in this area.

I There are several underlying assumptions:

i o INPO recognizes HRC's regulatory responsibility and authority.

1

o NRC and INPO share the goal of improving and maintaining the j quality of nuclear utility training.

o NRC recognizes the industry's initiative and commitment to INPO l programs that promote high quality training through development of integrated training and qualification systems, including accreditation of key training programs.

2 o NRC recognizes INPO accreditation and associated training evaluation activities (see also Appendix 2. " Coordination Plan i

for NRC/lHP0 Appraisal and Evaluation Activities") as an J

acceptable means of self-improvement in training. Such recognition encourages industry initiative and reduces duplicate

program review and appraisal activities.

o INPO recognizes that the NRC requires access to selected INPO documents and information, as well as the opportunity to observe selected INPO activities related to training and accreditation, in order to ensure that the NRC meets its obligations to the public and the Congress.

I o Coordination of HRC and INP0 training-related activities and sharing of information will increase overall effectiveness as 4

4 well as lessen the burden imposed on the industry by duplication of activities.

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l Appendix Number Three ,

Coordination Plan for NRC/INPO

]

Trainfng-Related Activities i Page 'iwo a

2. OVERALL COORDINATION In order to promote overall coordination of HRC and INPO training-related l activities, the following actions will be taken:

,i j

i a. HRC/INPO Coordination meetings will be held periodically with )

representatives from NRC's Division of Licensee Performance and I

.' Quality Evaluation (NRR) and INP0's Training and Education Group. At i

these meetings, information on ongoing projects and plans will be

exchanged. Written reports of progress and results may be exchanged. j

b. INPO will provide the NRC with access to selected INPO documents and ,

information, and will provide updated c l guidelines and Training System ent Developm,opies Manual. INPO will ofalso the INPO trai .

' provide the NRC, on a case-by-case basis, with access to the job and  !

1 task analysis data stored in the INPO computer data base. l

c. Coordination regarding accreditation of training programs is covered j by Attachment 1.

/1 & Pate

1. ctor St aell , .

i Executive are or Operations President U.S. Nuclear R latory Commission Institute of Nuclear Power Operations Effective Date: October 20, 1988  ;

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ACCREDITATION Of TRAINING PROGPMS i  !

i

! 1. BACKGROUND The purpose of this plan is to provide for coordination of selected NRC l i and INP0 activities related to the accreditation of performance-based l j training programs. This plan also provides for continued industry )

initiative with NRC monitoring in this area and serves as a basis for NRC '

i recognition of INP0's efforts. This coordination plan is consistent with i the Commission Policy Statement on Training and Qualification of Nuclear i Power Plant Personnel. In carrying out this plan INPO recognizes NRC's  !

responsibility and authority. l I

i  :

2. INPO ACTIVITIES {

' l

! This sect bn outlines current and planned INPO activities related to the l accreditation of performance-based programs for the training and

~

t qualification of nuclear power plant personnel. The INPO point of

coordination for the implementation of this plan is the Group Vice l

President, Training and Education.

) 4. INPO will continue to manage the accreditation of utility training programs including:

i o self-evaluations by member utilities, with assistance from the INPO staff;

! o on-site reviews of training and qualification programs by teams i of INPO and utility personnel; i o preparation of a report for each accreditation team visitt o follow up on recommendations developed during the accreditation i process; o awarding, deferring or placing on probation of accreditation by j the National Nuclear Accrediting Boardt and l o reviewing accreditation of utility training programs i approximatelyeveryfouryears(accreditationwillberenewed, continuedinaprobationarystatus,orwithdrawn).

l!

! b. INPO will continue to conduct periodic performance-oriented i evaluations of training and qualification programs as part of its operating plant evaluations and as follow-up to accreditation.

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., NRC/INPO Coordination Plan Attachment 1 Appendix Three Page Two i

c. INPO will provide updated copies of the accreditation procedures and criteria document as it is revised. This document will be made ,

publicly available.

d. INPO will review and consider NRC recomendations regarding INP0-managed training-related programs, cocuments, and criteria,

e. INPO will provide periodic detailed briefings on accreditation to appropriate NRC management personnel, including review of the activities described in 2.a above and documentation of industrywide accreditation status.

1 l

f. INPO intends to brief the Comission periodically on program status.

3. NRC ACTIVITIES i This section outlines the NRC's continuing efforts to monitor INPO l activities as part of NRC's assessment of the effectiveness of industry's i training and qualification program improvements; The NRC point of coordination for implementation of this plan is the Director, Division of Licensee Performance and Quality Evaluation, NRR.

a. NRC will not issue documents that duplicate INPO training documents and will not refer to INPO documents as a means of satisfying NRC requirements so as to avoid " codifying" or the appearance of

" codifying" INPO documents.

b. NRC will assess the effectiveness of industry's training and qualification program improvements as follows:

o conduct operator licensing exams; l

o conduct operator requalification exams, consistent with Comission policy and 10 CFR Part 55; o conduct reviews of a sample of utility training programs to ensure use of performance-based training principles; o monitor plant and industry trends and events involving personnel errors; o continue evaluation of industrywide training and qualification program effectiveness; and o conduct performance-oriented training inspections to assess the level of knowledge and qualifications of plant personnel.

l l

! 1 i

a Attachment 1 l

j .,, NRC/INPO Coordination Plan Appendix Three l Page Three

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! i

c. NRC will monitor INPO activities in training and accreditation as i

follows:

1l '

o receive periodic briefings and/or reports from !NPO and review a i sample of applicable INP0 documents; j o nominate individuals who are not on the NRC staff to serve as 8

members of the National Nuclear Accrediting Board with full

! voting privileges; o have an NRC staff member attend and observe r, elected National Nuclear Accrediting Board meetings with the INPO staff and/or l

the utility representativest

o on request and with concurrence of the utility, have NRC employees observe INPO accreditation team site visits for the l purpose of monitoring the effectiveness of the accreditation i

process. Since accreditation teams are relatively small in

' size, it is. anticipated the NRC would typically send only one observer on any visit. However, in certain circumstances, it

[ may be appropriate to send more than one. INPO will obtain the i' necessary concurrence from the host utility. While specifying a maximum number to be observed is not considered necessary by either party, it is anticipated that HRC employees would observe approximately 20 percent of INPO accreditation team visits; and l

o accompany INPO on selected operating plant evaluations (see ,

j Appendix 2). 1 l

l

d. NRC will continue to provide INP0 copies of HRC's performance-  !

oriented inspection program, including applicable inspection j guidelines.

e. HRC will coordinate any team inspections with INPO accreditation team visits and evaluations so as to minimize the impact on the utility l

j involved. On request and with concurrence of the utility, an INPO employee may occasionally observe an NRC inspection in this area.

f.

Since INPO has its own. system for obtaining member corrective action, NRC's role in pursuing corrective action of INPO identified training j

i and_ qualification recommendations will involve only significant j

safety problems for which NRC has no other reasonable alternative in meeting its legislated responsibilities. The NRC intends to exercise discretion in enforcement matters related to training as described in i the Commission Policy Statement on Training and Qualification of Huclear Power Plant Personnel.

3

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1, 1 APPENDIX HUMBER FOUR C00RDlHAT10N PLAN FOR l i

i INP0/lHDUSTRY PARTICIPATION IN I HRC INCIDENT INVESTIGATION TEAMS l 1. The purpose of this plan is to establish guidance for INPO or other l 4 industry representatives involvement with HRC incident Investigation Teams (IITs). It is also intended to minimize duplication of event l investigation efforts to reduce the impact on the affected utility and to i promote dissemination of accurate operating experience information to the

. industry. l

, 2. HRC and lHP0 recognize . ie importance of HRC's incident investigation l l activities in identifying significant operational experience '

i information. Participation by industry representatives on an !!T should result in a more complete and thorough understanding of the factors i

contributing to the incident and actions needed to prevent recurrence. In

( carrying out this plan, INPO recognizes NRC's responsibility and authority.

3. In view of these considerations, INPO and HRC agree on the following:

a.  !NPO or other industry representatives' participation on an !!T will j be coordinated between the Director of the Office for Analysis and

Evaluation of Operational Data (AE00 for the HRC and the Vice  !

l President for Government Relations, NPO. A request for

participation by an industry representative can be initiated by either party to this agreement.

l

! b. NRC will provide !NPO with a reasonable number of copies of the i current Incident Investigation Manual and any other procedures which apply to the operation of an !!T.

c. NRC will notify INP0 promptly when an !!T is being activated and

provide all necessary information to enable INPO to facilitate industry participation.

d. INPO will serve as the central point of contact for coordination of all issues and procedures regarding industry participation on llis.

e. INPO will recommend industry participants to the NRC.

3 i - . _ _ . _

e j Appendix Humber four Coordination Plan for Incident Investigation Activities Page Two i

f. lHP0 will request each industry nominee.to sign a statement regarding proprietary information, conflicts of interest, and waiver of compensation. In addition, each industry nominee will be requested l l

to comply with the procedures established for the operation of IITs, which include procedures for handling differences in professional l cpinion and the release of investigation information. This signed statement will be provided to the HRC as part of the nomination process.

g. lHP0 will provide assistance in coordinating with the affected utt11ty to obtain site access for the industry representative (s).

h. INPO will work with the affected utility and the IIT so that the Significant Event Report (SER), if any, being prepared by INPO on the ,

event under investigation by an llT is factually correct. To this I 1

end, INPO will request that the affected utility coordinate a review 4

of the draf t SER with the !!T and provide coments to INPO. l

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(" . Pate VTctor StaLlo/ Jr resident Executive Olree for Operations

- U.S. Nuclear Re latory Comission Institute of Nuclear Power Operations

! Effective Date: October 20, 1988 I

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m _.w - , - . - * -- - m-_ m t, 4 F

I I

f ATTAcgMENT a i

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• Institute of 700 Gallena Parkway Nuclear Power Atlanta. GA 30339-5957 l Operations 404 644 8000 FAX 404 644 8549 <

July 1,1993 hir. Greg M. Rueger Senior Vice President and General hianager Nuclear Power Generation Room 1445, Mail Code B14 A Pacific Gas and Electric Company P. O. Box 770000 San Francisco, CA 94177

Dear Mr. Rueger:

Through Mr. Christopher Warner, Chief Counsel-Nuclear for Pacific Gas and j Electric, the Institute of Nuclear Power Operations (INPO) has been notified that INPO evaluations of the Diablo Canyon Power Plant are the subject of a discovery request. The  !

request, we understand, is from the intervenor in the Diablo Canyon license amendment proceedings before a Nuclear Regulatory Conunission (NRC) Atomic Safety and Licensing Board.

The Institute is a private, non-profit, technical safety organization supported by all the utilities in the United States that operate nuclear power plants. Its mission is to i promote the highest levels of safety and reliability--to promote excellence--in the j operation of nuclear power plants.

The Institute's documents are copyrighted and are not for sale. Further, evaluation reports of specific nuclear power plants are restricted in their distribution. The copyright on evaluation reports states:

Copyright 199_ by the Institute ofNuclear Power Operations. All ,

rights reserved. Notfor sale. Reproduction ofthis report without l the prior written consent of1NPO is expresslyprohibited Unauthori:ed reproduction is a violation ofapplicable law. The persons and organi:ations that areJhrnished copies of this report should not deliver or transfer this report to any thirdparty, or make this report or its contents public, without the prior agreement of INPO and, ifapplicable, the member of1NPOfor whom the report was written.

Mr. Greg M. Rueger

! July 1,1993 Page 2 It is the Institute's policy to only provide evaluation reports to the utility operating the nuclear station that has been evaluated and that such reports only be used by the

utility in enhancing the operation ofits nuclear power plants. Information in the

! evaluation repons is held confidential between INPO and the member utility, and the i employees of nuclear power plants have confidence in the privacy of the interactions l between INPO and its members.

i

! If evaluation-related information is disclosed to parties outside the utility, the ,

openness and candor of utilities and individuals being evaluated would be significantly

reduced, which would in turn inhibit the Institute's ability to obtain detailed information j from that utility, and from other utilities, in the future. As a direct consequence, the i effectiveness of the INPO evaluations would be impaired, and the long-term consequence 2

would be a reduction in the margin of safety of the nation's nuclear power plants.

l The Nuclear Regulatory Commission also recognizes the importance of l maintaining INPO documents confidential in order not to impact the effectiveness of the

, Institute's programs. The NRC has vigorously protected the confidentiality ofINPO i

repons in litigation in federal coun under the Freedom ofInformation Act. In August of 3

1992, the U.S. Coun of Appeals for the D.C. Circuit, sitting en banc, ruled in favor of the NRC and held that INPO reports must be held in strict confidence. The U.S. Supreme i

Coun declined to review this holding. This imponant court decision fully supported the

position of the NRC that INPO reports should remain confidential.

i l For the reasons stated in this letter, INPO requests that Pacific Gas and Electric object to the disclosure ofINPO evaluation-related information in the Atomic Safety and

Licensing Board proceedings.

i Sincerely,

/

i f gel caku-

'ina S. Howard Vice President I Industry Relations and Information Services ASH:ena i

e 4

J

1 e'

i UNITED STATES OF AMERICA .k .. c NUCLEAR REGULATORY COMMISSION i

j BEFORE THE ATOMIC SAFETY AND LICENSING BOARDL -6 ? 5 :L3 i

In the Matter of: )

) Docket Nos. 50-275-OLA i Pacific Gas and Electric Company ) 50-323-OLA l ) (Construction Period

. (Diablo Canyon Power ) Recapture) 2 Plant, Units 1 and 2) )

)

l CERTIFICATE OF SERVICE i I hereby certify that copies of " PACIFIC GAS & ELECTRIC COMPANY'S RESPONSE TO LICENSING BOARD QUESTIONS RE: INPO DOCUMENTS" in the above-captioned proceeding have been served on the following by deposit

. in the United States mail, first class, this 2nd day of July, 1993.

i

Charles Bechhoefer, Chairman Frederick J. Shon 1

Administrative Judge Administrative Judge Atomic 'nfety and Licensing Board Atomic Safety and Licensing Board i U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 l Jerry R. Kline Office of Commission Appellate Administrative Judge Adjudication

, Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission ,

U.S. Nuclear Regulatory Commission Washington, DC 20555 I Washington, DC 20555 I j office of the Secretary Ann P. Hodgdon, Esq.

U.S. Nuclear Regulatory Commission Office of the General Counsel 1 Washington, DC 20555 U.S. Nuclear Regulatory Commission Attn: Docketing and Service Washir.gton, DC 20555 i Section (original + two copies)

Adjudicatory File Peter Arth, Jr.

Atomic Safety and Licensing Edward W. O'Neill Board Panel Peter G. Fairchild i

U.S. Nuclear Regulatory Commission California Public Utilities Washington, DC 20555 Commission 505 Van Ness Avenue San Francisco, CA 94102

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O" Nancy Culver, President Truman Burns Board of Directors California Public Utilities San Luis Obispo Mothers for Peace Commission i P.O. Box 164 505 Van Ness, Rm. 4103 Pismo Beach, CA 93448 San Francisco, CA 94102 Robert R. Wellington, Esq. Christopher J. Warner, Esq.

Diablo Canyon Independent Safety Richard F. Locke, Esq.

Committee Pacific Gas & Electric Company 4 857 Cass Street, Suite D 77 Beale Street l Monterey, CA 93940 San Francisco, CA 94106 i Robert Kinosian Jill ZamEk California Public Utilities 1123 Flora Road Commission Arroyo Grande, CA 93420 505 Van Ness, Rm. 4102 l j San Francisco, CA 94102 1 Mr. Gregory Minor MHB Technical Associates l 1723 Hamilton Ave., Suite K San Jose, CA 95125 i

N,

• GD _

David A. Repka \

Counsel for Pacific Gas &

, Electric Company 1

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