ML20052D750
| ML20052D750 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 04/22/1982 |
| From: | Deyoung J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| To: | Bayne J POWER AUTHORITY OF THE STATE OF NEW YORK (NEW YORK |
| References | |
| EA-82-035, EA-82-35, NUDOCS 8205070178 | |
| Download: ML20052D750 (4) | |
Text
lY
?G a
n.
il/ 5/6 IE H47IIIC0FT APR 2: ;gg3 Docket No. 50-286 sP Q
EA 82-35 f'
SECE,qrg Power Authority of the State of New York
/
g2 ATTN:
J. P. Bayne, Sr. Vice President 1
Nuclear Generation
/gg$
19823 hng/Mi'"gru,,7 10 Columbus Circle ta New York, New York 10019 Pcc d
4 Gentlemen:
4 Our letter of February 12, 1982 to the P.ower Authority transmitted a Notice of Violation describing violations of NRC regulations, specifically 10 CFR~~
50.54(s)(2) and Appendix E to 10 CFR Part 50.
The Notice of Violation alleged that the Power Authority had failed to demonstrate by February 1,1982 that administrative and physical means had been established for alerting and providing prompt instructions to the public within the plume exposure pathway emergency planning zone.
In its response of March
'5, 1982 the Power Authority denied the alleged violation. While the Power Authority admits that testing for operability was not complete for its alert and notification system (ANS), the Power Authority claims that "... so long as installation of the ANS was completed by February 1,1982, any deficiency that might have existed on that date is covered by the 120 day period for correction of deficiencies provided by Appendix E,Section IV.D.3., to 10 CFR Part 50."
This interpretation of the Consnission's regulations on the part of the Power Authority is inconsistent with the Supple-mentary Information accompanying the publication of the revised rule (46 FR 63031-32) which clearly states:
"The four month period provided in 50.54(s)(2), will not apply to any licensee for the installation and initial test of the public notification system by February 1,1982.
If a licensee is not in compliance with this requirement for installation and testing by February 1,1982, the Commission will consider taking appropriate enforcement action promptly at that time."
(Emphasis added) l The Supplementary Information also states that:
l l
"The four month period will, however, apply to correction of deficiencies identified during the initial testing of the prompt j
notification systems."
l Thus, it is clear that the failure by the Power Authority to complete initial I
functional testing of the ANS before February 1,1982 constitutes a violation of the Commission's regulations.
We understand that an operational exercise of the ANS was subsequently cond"tted in conjunction with the DESIGNA_
ORIGINA h.J) 8205070178 820422 I
PDR ADOCK 05000286 Certified By
_ ) Arm G
PDR f
-~~
~
Power Authority of the 2
State of New York Federal Emergency Management Agency and that some questions have arisen as to the adequacy of the audible alarm coverage at various locations in the system.
Problems such as these are the type intended by the Comission's regulations to be covered by the four month period specified in 10 CFR 50.54(s)(2).
Your February 26, 1982 letter indicates that initial installation and testing of the ANS was completed by that date.
Therefore, subject to the findings of future inspections, we plan no further action with regard to the Notice of Violation which was transmitted to the Power Authority by our letter dated February 12, 1982.
Sincerely, Original sigaed t7, Janos H. suic:;o2; Richard C. DeYoung, Director Office of Inspection and Enforcement cc:
George T. Berry, President and Chief Operating Officer J. C. Brons, Resident Manager C. M. Pratt, Assistant General Counsel A. Klausmann, Vice President - Quality Assurance D. Halama, Quality Assurance Superintendent J. F. Davis, Chairman, Safety Review Comm.
K. Burke, Director, Regulatory Affairs (Con Ed)
J. Thoma, Project Manager
- See previous concurrence IE:ES ELD ES:D IE:DD IE:D JHenderson JMurray JLieberman JSniezek RDeYoung 4/ /82 4/ /82 4/ /82 4/ /82 4/ /82 i
. ~.
Power Authority of the 2
State of New York the Federal Emergency Management Agency and that some questions have arisen as. to the adequacy of the audible alarm coverage at various locations in the system.
Problems such as these are the type intended by the Commission's regulations to be covered by the four month grace period of 10 CFR 50.54(s)(2).
Based on the information contained in your letter dated February 26, 1982 indicating that initial installation and testing of the ANS was completed by that date, and subject to future inspections, we plan no further action with regard to the Notice of Violation which was transmitted to the Power Authority by our letter dated February 12, 1982.
Sincerely, Richard C. DeYoung, Director Office of Inspection and Enforcement cc: George T. Berry, President and Chief Operating Officer J. C. Brons, Resident Manager C. M. Pratt, Assistant General Counsel A. Klausmann, Vice President - Quality Assurance D. Halama, Quality Assurance Superintendent J. F. Davis, Chairman, Safety Review Comm.
K. Burke, Director, Regulatory Affairs (Con Ed)
J. Thoma, Project Manager ES:IE E-IE:DD IE:D JHend on/jh JMu d L
rman JHSniezek RCDeYoung 04//f/82 04/f/82
/82 04/ /82 04/ /82 u
~20 l -
Sv s Alvin kdpifa.
APR 2 2 q Power Authority of the 3
State of New York Distribution PDR LPDR NSIC ACRS SECY CA RCDeYoung, IE JSniezek, IE JLieberman, IE VStello, DED/ROGR RHaynes; RI HDenton, NRR JJCummings, 01A JPMurray, ELD Fingram, PA BGrimes, IE LCobb, IE JTaylor, IE Edordan, IE JCrooks, AEOD JHenderson, IE Resident Inspector, Indian Point 3 Director, ES, RI, RII, RIII, RIV, RV George Smith, RI Central Files EDO Rdg File ES File EA File State of NY Energy Office ATTN: Mr. DeBoer, Dir. TDP Agency Bldg. 2, Empire State Plaza Albany, NY 12223 l
,