ML20092D286

Comments on Draft Rev 1 to NUREG-1022, Event Reporting Sys,10CFR50.72 & 50.73,Clarification of NRC Sys & Guidelines for Reporting

ML20092D286
Person / Time
Site:	Davis Besse
Issue date:	02/03/1992
From:	Shelton D CENTERIOR ENERGY
To:	Meyer D NRC OFFICE OF ADMINISTRATION (ADM)
References
FRN-56FR50598, RTR-NUREG-1022 2016, 56FR50598-00041, 56FR50598-41, NUDOCS 9202130055
Download: ML20092D286 (3)

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3J0 Matson Avenue Donald C. Shelton Toledo. OH 43652-0001 Vce Presdent Nxtar (419)249 2330 Davis tese Docket Nurber 50-346 E

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.*w l;y February 3, 1992 o

R5 Hr. David L. Heyer, Chief y,

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oflice of Administration U.S. Nucleat Regulatory Commission Vashington, DC 20555 Comments on Draft NUREG-1022, Revision 1, " Event Reporting 10 CFR 50.72 and 50.73, Clariflention of NRC Systems Subject

Systems, and Guidelines for Repoiting," 56 Fed. Reg. 50598 (October 7, 1991)

Dear Mr. Heyer These comments are submitted by Toledo Edison in response to the of the NRC for comments published in the Federal Register Toledo Edison, a subsidiary of requent (56FR50598) on October 7, 1991. Energy, is pattial owner of and is responsible f Toledo Edison has been Centeriot of the Davis-Besse Nuclear Power Station.

authotized for power operation of the Davis-Besse Nuclear Power Station As a 10 CFR 50 licensee, Toledo Edison has vested since April, 1977.

the interest in any policies the NRC may adopt which can affect management and operation of commercial nuclear power plants.

Toledo Edison has been actively involved with the BVR Ovners' Group 1.ER/JC0 committee, Nuclear Utility Backfitting and deform Group (NUBARG), and Nuclear Management and Resources Council (NUMARC) in preparing comments on the draft NUREG-1022, Revision 1, " Event 10 C Reporting Systems, Therefore, Toledo Edison endotses their and Guidelines for Reporting".

ellorts and comments with regard to draft NUREG-1022, Revision 1 Toledo Edison commends the staff on its recognition that current guidance needs to be clarified and consolidated to assure consistencyHowever, as curr in the reporting of significant safety events.

this drafted, the tevised NUREG in several instances does not meetcettain a goal.

In fact, scope change to the reporting rules (10CFR 50.72 and 50.73) which should be handled in the rulemaking process.

9202130055 920203 PDR NUREG 1022 C PDR Ope'otng Compames Cleveand Oettne muminatmg Tolede Eo' son i

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Docket Number 50-346 License Number NPF-3 lerial Number 2016 Page 2 In the executive summary section of the draft NUREG revision, the NRC i

Staff states that:

... revised guidelines are not expected to result in a significant change in the annual industry-vide total numbers for i

ENS notifications and LERs." Toledo Edison disagrees with this statement.

The Company performed a brief reviev of events that occurred during 1991 and identified that the number of LERs submitted to the NRC could have increased by 400 percent utilizing the draft guideline.

These events leading to additional reports are not considered to be safety significant and do not require reporting under the existing guidelines. As such, the additional reporting vill prove counterproductive to both the regulator and licensee.

Furthermore, an increase of this magnitude vould be perceived by the general public as a decline in the safety performance of the country's nuclear generating stations especially when coupled with the NRC's statement that the cause would not be attributed to the new NRC guidance.

In addition, the increased number of reports with no accompanying safety benefit vould be an unnecessary and undesirable drain on company resources.

Toledo Edison also belltves, as stated in NUBARG Policy Committee's comments, that the draft NUREG-1022 has many potential backfitting implications.

For example, the NRC states that the new guidelines do not change the reporting requirements of 10 CFR 50.72 and 50.73.

Ilovever, inclusion of such systems as emergency diesel generators and other essential auxiliaty support systems as Engineered Safety Features (ESP) is a change to the current reporting requirement.

The ESF systems vary from plant to plant and are clearly defined in a plant's licensing basis.

If the NRC vishes to redefine ESF systems to obtain continuity in ESF reporting by licensees, the staff should consider a change to the rule rather than utilizing a NUREG.

Since the rulemaking (and thus the backfitting) process vould be effectively circumvented through publication of the new guidelines, the guidance is not enforceable and therefore of limited value.

However, it vould likely result in undue regulatory pressure from individual inspectors to make determinations of reportability utilizing these guidelines.

Concerns of this nature are not likely to be contested by licensees in the backfitting arena, Thus, many licensees are likely to choose the LER reporting option.

This vill exacerbate the inconsistency problem.

The only appropriate vehicle for redefining or imposing additional regulatory requirements should be the rulemaking i

process.

Continuing to regulate the industry by periodically l

publishing reinterpretations of existing regulations can only bring about further ambiguity.

In summary, Toledo Edison believes the draft revision to NUREG 1022 is a positive step towards achieving the goals setforth by the NRC and the industry.

Hovever, as presently drafted it vill cause more uncertainty ~

and therefore-more inconsistency in reporting events.

Therefore, I

Toledo Edison recommends that the revision to NUREG-1022 not be issued in its present form. The NRC should form a vorking group consisting of NRC and Industry representatives to vork together on clarifying and l

consolidating guidance on existing reporting requirements.

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' Locket Number 50-346 License Number NrF-3 Serial Number 2016

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Shou'd you hav) any questions regarding this letter, please contact Mr. Robert V. Schraeder, Manager - Nuclear Licensing at (419) 249-2366.

5>ncerely,

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i cc R. D. Binz, BVR Ovners' Group

!.. B. Davis, Regional Administrator, NRC Region III J. B. Ilopkins, NRC Senior Project Manager V. A. Ilorin, Vinstca & Stravn W. Levis, NRC Senior Resident Inspector T. E. Tipton, NUMARC

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