ML20129G813

Discusses 961007 Maine Yankee ISA Team Rept.Nrc Does Not Agree W/Position Stated in Item 8 & Affidavit That Info Provided Commercially Confidential.Consequently, SAO Position Rept,Rev 1 Will Be Placed in PDR

ML20129G813
Person / Time
Site:	Maine Yankee
Issue date:	10/24/1996
From:	Merschoff E NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:	Whittier G Maine Yankee
References
NUDOCS 9610300219
Download: ML20129G813 (2)

Text

cctober 24, 1996 k

Mr. G. D. Whittier, Vice President Licensing and Engineering Maine Yankee Atomic Power Company 329 Bath Road Brunswick, ME 04011

Dear Mr. Whittier:

On October 7, 1996, the Maine Yankee Independent Safety Assessment (ISA) Team Report was issued. During the preparation of this report, the team requested a document titled, " Maine Yankee Atomic Power Company's (MAYPCo) SA0 Position Status Summaries," subsequently referred to as the "SA0 Position Report."

Your letter of September 5,.1996, (enclosed) forwarded Revision 1 of this document. This letter also stipulated 8 caveats regarding this document.

Items 1 through 7 essentially stated your position regarding the status of statements made within the "SA0 Position Report" and we have no disagreement with this position.

However, after careful review and in light of the i

importance of this document in the preparation of the ISA report, we do not agree with your position stated in item 8 and the attached affidavit that the information provided is commercially confidential. We do not agree that you have provided sufficient argument or evidence to withhold said document from public disclosure.

Consequently, the "SA0 Position Report, Revision 1" will be placed in the Public Document Room 30 days from the date of this letter, unless we receive adequate justification from you in affidavit form pursuant to 10 CFR2.790 to withhold said document from public disclosure.

Please refer all questions or correspondence to Mr. William J. Olmstead, Associate General Counsel for Licensing and Regulation. Mr. Olmstead may be contacted by phone at (301)415-1740.

l Si cerely, NWW 9610300219 961024 bMItfBD PDR ADOCK 05000309 Ellis W. Merschoff, Team Leader P

PDR Maine Yankee Independent Safety Assessment Team

Enclosures:

As stated cc:

See next page Distribution:

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DATE g3(p iu/a 0FFICIAL RECORD COPY n

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Mr. G. D. Whittier 1 cc:

i Mr. Charles B. Brinkman Manager - Washington Nuclear Mr. Christopher R. Shaw Operations Plant Manager j

ABB Combustion Engineering Maine iankee Atomic Power Station 12300 Twinbrook Parkway, Suite 330 P.O. Box 408 Rockville, MD 20852 Wiscasset, ME 04578 l

Thomas G. Dignan, Jr., Esquire Governor Angus S. King, Jr.

i Ropes & Gray

1. 1 State House Station j

One International Place Room 236 i

Boston, MA 02110-2624 Augusta, Maine 04333-0001 l

1 Mr. Uldis Vanags Mr. Patrick J. Dostie State Nuclear Safety Advisor State of Maine Nuclear Safety State Planning Office Inspector i

State House Station #38 Maine Yankee Atomic Power Station Augusta, ME 04333 P.O. Box 408 j

Wiscasset, ME 04578 Mr. P. L. Anderson, Project Manager i

Yankee Atomic Electric Company Mr. Graham M. Leitch i

580 Main Street Vice President, Operations l

Bolton, MA 01740-1398 Maine Yankee Atomic Power Station P.O. Box 408 l

Regional Administrator, Region I Wiscasset, ME 04578 U.S. Nuclear Regulatory Commission 475 Allendale Road Mary Ann Lynch, Esquire i

King of Prussia, PA 19406 Maine Yankee Atomic Power Company 329 Bath Road i

First Selectman of Wiscasset Brunswick, ME 04578 Municipal Building j

U.S. Route 1 Mr. Jonathan M. Block Wiscasset, ME 04578 Attorney at Law 4

P.O. Box 566 Mr. J. T. Yerokun Putney, VT 05346-0566 Senior Resident Inspector Maine Yankee Atomic Power Station Mr. James R. Hebert, Manager U.S. Nuclear Regulatory Commission Nuclear Engineering and Licensing P.O. Box E Maine Yankee Atomic Power Company Wiscasset, ME 04578 329 Bath Road Brunswick, ME 04578 Friends of the Coast P. O. Box 98 Edgecomb, ME 04556 i

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Maine Y.. a.-n.ke e

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License No DPR-36 Docket No 50-309 September 5.1996

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N1N-96-132 GDW-96 66 I lhs W \\leischoll l eam 1.cader independent Safets Assessment Icam l mied States Nuclear Regulatory Commission Washmgton. D C 20555 1

Subject:

Safets Assessment Observation (SAO)f tpf us Summary Document l

l Recently. w e discussed with you, a document titled. "N1ame Yankee Atonne Power ('ompany's (N1Y APro) S AO Position Status Sununaries,' (suhsequently refened to as the "S AO Position Repon") This document contams N1Y APCo's preliminary positions on all currently active S AOs l

You requested that we fomially provide the NRC wit'i this document to allow the NRC to consider its information durmg preparation of the Independent Safety Assessment Team (lSAT) inspection report. Consisten: with your request. Revision I of the subject document is attached We should I

note. how es er. that certain cascats are appropriate regardmg this document 1

The S AO Position Report only addresses " actis e" S AOs. An actne SAO is defmed by N1Y APUo as an SAO that has not been canceled or is not considered a positne comment bs 1

the NR(' 15 A I l

2 1 he S AO Position Report is preliniinary in that stated "causes" are prehnunary and in many I

circumstances may not represent the root cause Root cause deternunanons are beme des eloped, as appropriate i

I he SA() Position Report ' Key Inia.d Concetn e Achons.' " Key 1.ong-l'er m ( 'ori cctive

\\Cliolls.' aild "Ney Re5pollsis e AClions" nia) he rCs ised as deenied appropriatC 4

15 ery attempt has been made to ensure consistency w ith positions pros ided in responses to Requests For inf ormanon t RFis) If you identify any remammg i, consistencies. please let usknow 94G9MW '// -

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5.

Factual agreement with the NRC's SAO should not be interpreted by the NRC as agreement l

that the SAO represents a deficiency or a safety significant issue.

l 6.

Agreement with an SAO should not be interpreted by the NRC as agreement to change the Maine Yankee licensing or design basis.

l 7

The SAO Position Report text is by definition, in summary fo. n. It is not intended to j

represent the complete MYAPCo position, and may (in isolated cases) require subsequent revision to better ensure accurate interpretation of the information. In addition, MYAPCo l

has attempted to accurately capture the NRC's concern in the SAO Issue Summaries.

liowever, if any of these summaries do not address the NRC's issue, please contact Steve Nichols (207-882 6321) as soon as possible. We make this request to better ensure that MYAPCo is focusing on the correct NRC concems and to better ensure that MYAPCo will be prepared to address issues, as necessary, during the October 10,1996 exit meeting.

l 8.

As indicated in the accompanying affidavit. MYAPCo considers this document to be commercially confidential and preliminary / draft. As such, MYAPCo respectfully requests that the document not be provided to the public in its present form. If the NRC disagrees with MYAPCo's request to withhold the SAO Position Report from public disclosure, we request that MYAPCo be provided at least a thiny day notice that release to the public is anticipated and also be provided with an opportunity to address this matter further with the NRC. We anticipate finalizing this document shortly after we receive the NRC s ISAT inspection report. MYAPCo presently does not have concems with release of the final version of this document to the public, once issued.

If you have any questions regarding the SAO Position Report, please contact Bob Blackmore or Steve Nichols at (207) 882-6321.

l Sincerely,

})/5 Afh I G. D. Whittier l

Maine Yankee Atomic Power Company Vice-President, Licensing and Engineering Attachments: Affidavit Pursuant To 10 C.F.R. 2.790 S AO Position Status Summaries, Revision 1.

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MaineYankee 9EU404 ELEc ynicay smcyg a

329 BATH ROAD

• BRUNSWICK MAINE 04011 *(207) 798-4100 AFFIDAVIT PURSUANT TO 10 CFR 2 790 1G Douglas Whittier depose and say that I am an Oflicer. Vice President, Licensing lingineenng, of N1aine Yankee Atomic Power Company, ("N1YAPCo") duly authorized to mak atlidavit. and have reviewed or caused to have reviewed the information w proprietary and'or draft and is referenced in the paragraph immediately below I am submitting this allidaut in conformance with the provisions of 10 CFR ? 790 of the Commission's regula in conjunction with the application of Niaine Yankee Atomic Power Company for with mformation i

l

'The mtbrmation for which proprietarv treatment is sought is contained in a document titled Yankee SAO Position Status Summaries," Revision I, September 5,1996 This document has bee appropriately designated as proprietary I have personal knowledge of the criteria and procedures utilized by Niaine Yankee in de information as a trade secret, privileged, or as confidential commercial or financialinformation.

Pursuant to the provisions of paragraph (b)(4) ofSection 2 790 of the Commission's regulations following is furnished for consideration by the Commission in determining whether the information sought to be withheld from public disclosure, included in the above referenced document, should be withheld i

The information sought to be withheld from public disclosure, is owned and has been held in confidence by NiYAPCo i

2 The information is in draft / preliminary form and is of a type customarily held in confidence by N1YAPCo and not customarily disclosed to the public l

3 The information is being transmitted to the Commission in confidence under the provisions of 10 CFR 2 790 with the understanding that it is to be received in confidence by the Commission i

t 4

The information, to the best of my knowledge and belief, is not available in public sources,

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and any disclosure'to third parties has been made pursuant to regulatory provisions or i

proprietary agreements which provide for maintenance of the information in confidence Ii-2 i

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