ML20069K724

Requests Clarification of Statements in 830404 Memo Accompanying Board Notification 83-44 Re Resolution of Unresolved Safety Issue A-17, Sys Interaction in Nuclear Power Plants

ML20069K724
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	04/21/1983
From:	Letsche K KIRKPATRICK & LOCKHART
To:	Eisenhut D Office of Nuclear Reactor Regulation
References
REF-GTECI-A-17, REF-GTECI-SY, TASK-A-17, TASK-OR NUDOCS 8304260464
Download: ML20069K724 (3)

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Knuwxrurcx, LOCKHART, HILL, Cluusrowns SoI ird.LI O A PAmtsansme Inctuntua A PmOFESSIONAL CORPORATIDN Of 1900 M Srnenr, N. W  ;

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• ToI.r.enox= <ao=> 4se-rooo April 21, 1983 rw rrrr o CABLE:MIPHI EPAIRfCE, H SON & HCICEISON TELOx 44osoo HIPIE UI CILDING WCITER'S DIRECT DIAL JICMBKm NNETLVANIA ISSSR (412) 355-6500 (202) 452-7064 f 0CKETNUMBER q[2,(

"7 0 D. & UTIL FAC. . Z.'._ _ . _ _ 7 SERVED APR H L983 Mr. Darrell G. Eisenhut Director Division of Licensing Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Room 528 Phillips Building 7920 Norfolk Avenue Bethesda, Maryland 20814

Dear Mr. Eisenhut:

The purpose of this letter is to request a clarification of certain statements in your Memorandum to the Commissioners dated April 4, 1983, which accompanied Board Notification 83-

44. Specifically, you stated:

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On February 18, 1983, the Staff issued Board Notification No. 83-17 concerning allegations re-

! garding Unresolved Safety Issue A-17, " Systems Interaction in Nuclear Power Plants. " The Staff ,

has considered the concerns raised in that affi-davit and has determined that there is no basis for any change in the Staff's position regarding USI A-17. The enclosed testimony reaffirms the Staff position on USI A-17. We now consider this issue to be resolved.

In particular, we request an explanation of the two sentences which I have underlined.

To put this request in context, the following background information is necessary. As you know, James H. Conran, a staf f member in the Office of Nuclear Reactor Regulation, has RGO4260464 830421 PDR ADOCK 05000322 C PDR O

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J KfRKPATRICK, LOCR11 ART, HILL, C11HISTOPHER & PnILLies Mr. Darrell G. Eisenhut April 21, 1983 Page Two submitted a Differing Professional Opinion dated March 31, 1983, relating to Unresolved Safety Issue A-17 and safety classifica-tion ("DPO"). Mr. Conran prepared his DPO following his sub-mission to the Shoreham Licensing Board of an Affidavit which noted changes in his previous testimony on those two subjects in the Shoreham proceeding. (Mr. Conran's Affidavit is referred to in your memorandum as Board Notification 83-17.) The DPO includes Mr. Conran's Affidavit in its entirety, and discusses,'

among other things, Mr. Conran's concerns and recoupendations regarding USI A-17. The Shoreham Board reopened the record on the systems interaction and safety classification contention addressed by Mr. Conran, and admitted his Affidavit into evidence.

The Staff and Suffolk County subsequently filed testimony addres-sing the matters raised by Mr. Conran, and a hearing was held on those matters during the week of April 4, 1983. Mr. Conran's DPO was also discussed on the record. The testimony enclosed with your memorandum is that recently filed by the Staff in the Shoreham proceeding.

Your assertions that the Staff "has determined that there is no basis for any change in the Staff's position regarding USI A-17," and that "[w]e now consider this issue to be resolved" appear to conflict with the f acts regarding the current status of Mr. Conran's DPO. It is our understanding that the DPO is being addressed by the Office of Nuclear Reactor Regulation in accordance with the procedures contained in NRR Manual Chapter 4125. We also understand that Mr. Denton, on behalf of the Office of Nuclear Reactor Regulation, has not yet formally responded to the concerns raised by Mr. Conran in his DPO, and that such response will not be forthcoming until he has received the re-sults of an independent internal investigation of those concerns which has been instituted at Mr. Denton's request. Since Mr.

Conran's DPO has not yet been resolved, and Mr. Denton has not yet issued the Staff response to Mr. Conran's concerns raised in the DPO, please explain what you meant by your statement that the USI A-17 " issue" raised by Mr. Conran is considered by the Staff "to be resolved."

Because this is a matter currently at issue in the pending Shoreham proceeding, the requested clarification should be

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KIRKPATRICK, I,0CKHART, HILL, CHRISTOPHER & PIMI.LTPS Mr. Darrell G.. Eisenhut April 21, 1983 .

Page Three provided to the recipients of the referenced Board Notifica-tions as expeditiously as possible.

Sincerely, .,_

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KJL/dc-cc: Chairman Palladino Commissioner Gilinsky Commissioner Ahearne Commissioner Roberts Commissioner Asselstine Richard J. Rawson, Esquire T. S. Ellis, III, Esquire Mr. James H. Conran

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