ML20058K925

Responds to Which Forwarded Concerns Raised by Retire Nine Mile One Group Re Roles of NRC & Inpo.Restart of Plant Will Not Be Permitted Until Commission Fully Satisfied That Plant Can Operate Safely

ML20058K925
Person / Time
Site:	Nine Mile Point
Issue date:	07/26/1990
From:	Rogers K NRC COMMISSION (OCM)
To:	Damato A, J Walsh HOUSE OF REP., SENATE
Shared Package
ML17058A649	List: ML20058K925 ML20058K934 ML20058K943 ML20058K947 ML20058K951
References
NUDOCS 9008030150
Download: ML20058K925 (4)

Text

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c UNITED STATES

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R; NUCLEAR REGULATORY COMMISSION .

WASHINGTON, D. C,20665 -

4 ,, July 26,1990 ,

. CHAIRMAN s

4 Y The' Honorable Alfonse M. D'Amato s . United States; Senator

1259,Feder'al Building 100 South.Clinton Street Syracuse,

New York 13260

Dear Senator ~D'Amato:

I I;am responding to;your. letter of May 8, 199C in which you

-forwarded concerns raised by the " Retire Nine Mile One" (RNMO) group-regarding)the Commission'.(NRC andrespective the Institute roles of the Nuclear of Nuclear Power Regulatory:

Operations.

, (INPO) in evaluating the safety of the Nine Mile Point Nuclear'  ;

w Station,. Unit 1 (NMP-1). RNMO's letter indicates aibasic misunderstanding:of the respectire roles of INPO and the NRC.

a Contrary to what the letter suggests, INP0 has no regulatory-responsibility for nuclear power pisnts, NRC has transferred none of its responsibilities for conducting safety inspections'and ~

evaluations to INPO, and INPO does noi operate in lieu of the NRC.

I;'can1 assure you that public scrutiny of NRC'stoperations'and ,

the' regulation of-nuclear power plants has rot been-compromised.

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'It is true that INP0 is-not required to routinely forward its reports to.-the.NRC or to release them to the public. .However, C

RNM0 did.not note that NRC has access to all INP0 evaluation reports. .Normally, reviews of these reports are conducted by en NRC resident inspector on-site. Moreover, NRC regulations require

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, licensees to notify the NRC directly: of all saf ety-significant o

., matters, including those reflected in INPO reports. A more detailed explanation of the relationship between the activities of the NRC and INP0 is set forth-in a memorandum of agreement (M0A) between the:two organizations. A copy of the MOA is enclosed for your information.

Furthermore, the RNM0 letter asserts that the INP0 reports'on Seabrook identified problems that had not been addressed in NRC's ,

licensing process. This is not true. Staff's review of the INPO reports concluded that NRC had already been aware of the identified programmatic deficiencies and corrective actions.

Y Since the' shutdown of the Nine Mile Point plant in December 1987, the plant has been the subject of an intense NRC inspection program. Specia-1 headquarters and regional-based team inspections have been conducted in addition to the routine resident inspector and.reginnal 3 ecialist inspections. Additionally, the NRC has n

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reviewed the licensee's Restart Action Plan-to ensure staff regulatory concerns- are adequately addressed and has f ollowed i implementation of the plan. Before the licensee is allowed to  ;

restart NMP-1, the NRC will review'the licensee's assessment of l L its' readiness for' restart and the results of the preoperational l test program, and the NRC staff will complete its independent j inspection of pre-startup activities.

Furthermore, the INPO evaluation reports on-NMP-1 have'been reviewed at the NMP-1 site by one of the NRC's resident u

inspectors. As a result of these reviews we have concluded that the applicable INP0 report findings are generally consistent with the information already' known to the NRC through inspections and other activities.

I would further note that the Commission has reviewed the status of NMP-1 on several occasions, the most recent being on May 14,- 1 1990. I can assure you.that restart of the. plant will not be permitted until.the licensee has completed all preparatory 1 activities and the staff and the Commission are fully satisfied  !

that the unit can be operated safely.

I trust that'this informati,n will be useful to you in responding t to the " Retire Nine Mile One ' group.

l Sincerely, j i4 _.

Kenneth C. Rogers Acting Chairman J

Enclosure:

Memorandum of Understanding l Between INP0 and the NRC

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UNITED STATES l' r. NUCLEAR REGULATORY COMMISSION

$ ) W ABHINGTON, D. C. 20666

\ *.... # July 26, 1990 CHAIRMAN The Honorable James T. Walsh United States House of Representatives Washington, D.C. 20515

Dear Congressman Walsh:

I am responding to your letter of May 8, 1990 in which you forwarded concerna raised by the " Retire Nine Mile One" (RNMO)

L group Cor.nission regarding)the (NRC andrespective the Instituteroles of the Nuclear of Nuclear Regulatory Power Operations 9 (INPO) in evaluating the safety of the Nine Mile Point Huclear Station, Unit 1 (NMP-1). RNE0's letter indicates e basic misunderstanding of the respective roles of INPO and the NRC.

Contrary to what the letter sutgests, INPO has no regulatory responsibility for nuclear power plants, NRC has transf erred nene

.of its responsibilities for conducting safety inspections and~ ~

evaluations to INPO, and INP0 does not operate in lieu of the NRC.

I can assure you that public scrutiny cf NRC's operations and the regulation c-f nuclear power plants has not been compromised.

It is true that INPO is not required to routinely forward its reports to ihe NRC or to release them to the public. However, RNMO did not note that NRC has access to all INPO evaluation reports. Normally, reviews of these reports are conducted by an NRC resident inspector on site. Moreover, NRC regulations require licensees to notify the NRC directly of all safety-significant matters, including those reflected in INPO reports. 1. more detailed explanttion of the relationship between the activities of the NRC end INPO is set forth in a menorandum of agreement (40A) between the two organizations. A copy of the MOA is en:losed for your information.

Furthermore, the RNMO letter asserts that the INPO reports on Seabrook identified problems that had not been addressed in NRC's licensing process. This is not true. Staff's review of the INPO reports concluded that NRC had already been aware of the identified programmatic deficiencies and corrective actions.

Since the shutdown of the Nine Mile Point plant in December 1987, the plant has been the subject of an intense NRC inspection program. Special headquarters and regional-based team inspections have been conducted in addition to the routine resident inspector and regional specialist inspections. Additicnally, the NRC has A ,

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reviewed the licensee's Restart Action Plan to ensure staff regulatory concerns are adequately addressed and has followed implementation of the plan. Before the licensee is allowed to restart NMP-1, the NRC will review the licensee's assessment of  ;

its readiness for restart and the results of the preoperational test program and inspection of pre the NRCactivities.

startup staff will complete its independent Furthermore, the INPO evaluation reports on NMP-1 have been  !

reviewed at the NMP-1 site by one of the NRC's resident inspectors. As a result of these reviews we have concluded that the applicable INPO report findings are generally consistent with the information already known to the NRC through inspections and other activities.

I would further note that the Commission has reviewed the status -

of NMP-1 on several occasions, the most recent being on May 14, 1990. I can assure.you that restart of the plant will not be permitted until the licensee has completed all preparatory activities and the staff and the Commission are fully satisfied '

that the Unit can be operated safely.,

I trust that this information will be useful to you in responding to the " Retire Nine Mile One" group.

Sincerely, Kenneth C. Rogers Acting Chairman Enclosure.

Memorandum of Understanding Between INP0 and the NRC

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