ML20054E976

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Ack Receipt of Informing NRC of Full Compliance W/Requirements of 10CFR50.54(s)(2) & Section IV.D.3 of App E to 10CFR50.No Further Action Will Be Taken Re 820212 Notice of Violation
ML20054E976
Person / Time
Site: 05000000, Peach Bottom
Issue date: 03/24/1982
From: Lieberman J
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
To: Boyer V
PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC
Shared Package
ML082840632 List:
References
FOIA-82-161 EA-82-032, EA-82-32, NUDOCS 8206150094
Download: ML20054E976 (1)


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Philadelphia Electric Company ATTN: Mr. Vincent S. Boyer Senior Vice President 2301 Market Street P. O. Box 8699 Philadelphia, Pa. 19101 Gentlemen:

Thank you for your letter of March 5,1982 advising us that as of February 26, 1982, you have achieved full compliance with the requirements of 10 CFR 50.54(s)(2) and Section IV.D.3 of Appendix E to 10 CFR 50.

In view of that infonnation and subject to future inspection, we propose no further action with respect to the Notice of Violation issued to you on February 12, 1982.

Sincerely,

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t' WASHINGTON, D. C. 20M5 March 29,1982

,i MEMORANDUM FOR:

William J. Dircks 9 f v/

L Executive Direcfor for Operations

^f 2 U T, FROM:

Richard C. DeYoung, Director Office of Inspection and Enforcement 7 35

SUBJECT:

LETTER FROM NORTHEAST UTILITIES REGARDING PROMPT, NOTIFICATION SYSTEMS By letter dated January 18, 1982, Northeast Utilities requested an exemption from the prompt notification system deadline for the Haddam Neck and Millstone facilities.

This request was denied February 3,1982.

Northeast Utilities requested that their request be reconsidered in a February 9,1982 letter, and I am responding to your request that I review the situation.

The policy that 0IE has followed with regard to implementation of prompt notification is that all exemption requests would be denied.

However, any mitigating circumstances would be taken into account for determining enforcement action if needed.

This was based on Commission comments during the August 27, f

1981 meeting and as subsequently publ'ished in the Federal Register notice of the final rule changing the deadline to February 1,1982.

A similar interpretation was made by Northeast Utilities as stated in their October 20, 1981 letter to Samuel J. Chilk:

"It is apparent from the transcript of the August 27, 1981 Commission meeting that the February 1,1982 date was chosen by the NRC with the knowledge that not all licensees could meet even that implementation date.

The Commission apparently believes that the most likely reason for a licensee being unable to meet the February 1,1982 date is the result of inadequate diligence towards compliance with the original July 1,1981 date.

The Commission intended that the February 1, 1982 date, in conjunction with the threat of ir:rnediate enforcement action, would expedite the installation of the prompt notification systems and also would illustrate to licensees the importance of meeting NRC implementation dates."

In considering the situation at Northeast Utilities, specifically, none of the problems that they have presented are particularly unique.

Other utilities in similar situations were able to meet the deadline. Their diligence in attempting to comply with the requirement may also be questionable, f G y L( [z'.

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Northeast Utilities was specifically discussed at the February 4,1982 closed Comission meeting on enforcement action with respect to the degree of diligence shown by the utility as reflected in their correspondence to that date.

f As requested by GGC, we have drafted a response to Northeast Utilities for the Chairman's signature which is being fontarded with this memorandum.

" Original Signed By R. C. DeYoung" Richard C. DeYoung, Director Office of Inspection and Enforcement

Enclosure:

DISTRIBUTION:

Response to Northeast Utilities lE Files IE Reading DEP Reading IRDB Reading RCDeYoung JSniezek 8 Grimes SSchwartz FPagano KPerkins JHicknen SRamos CRVan Niel DMatthews SWelch JLieberman i

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