ML20132D378

Responds to Re Concerns About Bias Potentially Evidencing within Independent Corrective Action Verification Program Team

ML20132D378
Person / Time
Site:	Millstone
Issue date:	12/10/1996
From:	Shirley Ann Jackson, The Chairman NRC COMMISSION (OCM)
To:	Dodd C SENATE
Shared Package
ML20132D382	List: ML20132D378
References
CCS, NUDOCS 9612190358
Download: ML20132D378 (2)

Text

. _ _ _ _ _ _ _ _ _ _ _ _ . _ _ . . . _ _ . _ _ _ _ _ _ _ . _ - _ _ . . . _ _ _ _ _ . . .

. December 19, 1996 i

The Honorable Christopher J. Dodd j United States Senate Washington, DC 20510

Dear Senator Dodd:

! I am responding to your letter of October 21, 1996, regarding the suggestions

made by the Citizens Regulatory Commission of Waterford, Connecticut, in its j October 9, 1996, letter to the U.S. Nuclear Regulatory Commission (NRC). As you stated, the Citizens Regulatory Commission has expressed concern about I

bias potentially evidencing itself within the Independent Corrective Action

! Verification Program (ICAVP) team and provided some suggestions that it j believes would ensure the team's independence.

After thoroughly considering each of the suggestions, the NRC staff provided the results of its evaluation in a letter to the Citizens Regulatory Commission on November , 1996. A copy of this letter is enclosed.

Thank you for your continued interest in this matter. The NRC is committed to ensuring that the ICAVP is conducted in a thorough, professional, and open manner.

Sincerely, Shirley Ann Jackson

Enclosure:

Letter to Citizens Regulatory Commission of November , 1996 Docket Nos. 50-245, 50-336, and 50-423 DISTRIBUTION:

DOCKET Files (w/inc) W. Travers, NMSS L. Berry PUBLIC(w/ incoming) R. Zimmerman K. Bohrer, NRR Mail Room ED0 #GT 96823 B. Sheron C. Norsworthy NUPD Reading T. Martin, DRPM H. Miller, R-I J. Taylor S. Varga J. Durr, R-I J. Milhoan J. Zwolinski W. Lanning, R-I H. Thompson P. McKee SECY CRC No. 96-1104 J. Blaha P. Milano J. Moore, OGC K. Cyr, OGC J. Andersen C. Marco, OGC J. Lieberman, OE D. Mcdonald OPA Il F. Miraglia/A. Thadani V. Rooney DOCUMENT NAME: GT96823.GRN OCA

• See previous concurrence

]fC} }l To receive a copy of this document, indicate in the box: "C" - Copy without attachment / enclosure "E" = Copy with attachment / enclosure "N" - No copy OFFICE PD:lCAVP LA:NUQ b TjCM JDL PD: q l D:DRPE ADPR NAME Gimbro p p LBerry W] L-dt Phft:Ke6[ SVarge RZimmerman DATE OFFICE 10/31/96 10/31/96 '

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UNITED STATES NUCLEAR REGULATORY COMMISSION

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,,,,, HThompson cem a jr glia, NRR GImbro, NRR KCyr, 0GC HMiller, RI CPaperiello, NMSS JLieberman, OE The Honorable Christopher J. Dodd GT96823 United States Senate ED0 r/f Washington, D.C. 20510

Dear Senator Dodd:

I am responding to your letter of October 21, 1996, regarding the suggestions made by the Citizens Regulatory Commission of Waterford, Connecticut, in its letter of October 9, 1996. As you stated, the Citizens Regulatory Commission has expressed concern about "possible bias which may evidence itself within the Independent Corrective Action Verification Program (ICAVP) team" and provided some suggestions that it believes would ensure the team's independence.

After thoroughly considering each of the suggestions, the Commission provided its response on December 9, 1996. A copy of this letter is enclosed.

Thank you for your continued interest in this matter. The NRC is committed to ensuring that the ICAVP is conducted in a thorough, professional, and open manner.

Sincerely, Shirley Ann Jackson

Enclosure:

Letter to Citizens Regulatory Commission of December 9, 1996 1

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[0riginated By: G. Imbro, NRR]

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l Citizens Regulatory Commission Steering Committee 180 Great Neck Road Waterford, Connecticut 06385

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Dear Citizens Group:

I am responding to your letter of October 9,1996, regarding the Millstone Nuclear Power Station in Waterford, Connecticut. Your letter expressed concerns about the Nuclear Regulatory Commission's (NRC's) oversight at Millstone and the Independent Corrective Action Verification Program (ICAVP) imposed at Millstone by the NRC's Order of August 14, 1996.

The Commission fundamentally agrees with your view on the importance of a thorough and independent ICAVP process. In order to ensure this, the 1

August 14, 1996 Confirmatory Order and the NRC oversight activities at 4

Millstone have been structured to provide for both close scrutiny by the NRC 1 and public openness. The NRC will oversee the ICAVP process carefully to i ensure the quality and independence of the reviews. Although we recognize the  !

potential for a bias on the part of any contractor selected for the ICAVP, the NRC will review and approve the organization and individual members selected l for the ICAVP team. The factors that will be considered in evaluating the 1 l

independence of each team member will include, but not be limited to, whether I the indhidual has been involved in design reviews for the licensee and whether the individual has any financial interest in Northeast Utilities. The NRC also will evaluate and approve the ICAVP organization's review plan before it is implemented. The ICAVP team concurrently will report its findings to the NRC and the licensee and will be required to comment on the licensee's proposed resolution of the team's findings. To help ensure independence, the ICAVP team will conduct its reviews, to the extent feasible, in the 4

contractor's offices and not at the Millstone site. A protocol being developed by the NRC will be used to control contact between the ICAVP team and the licensee. An NRC plan for ICAVP oversight, including measures for protecting the list of selected systems before the start of the ICAVF reviews, i is being prepared by the NRC staff. The staff will submit this plan to the

- Commission before it is implemented.

The ICAVP and all of the NRC activities relating to the Millstone oversight process will continue to be open processes. The Nuclear Energy Advisory ,

Council (NEAC) and the State of Connecticut have been invited to observe ICAVP implementation at the Millstone site. The Council has designated two of its members as observers and has named two alternates. These individuals will be kept apprised of NRC oversight of the ICAVP activities so that they can observe them. ICAVP team findings will be made available to members of the Council and the public. We also understand that the NEAC has created a O Q(p f~IOf()f A 0,

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! 2 l subcommittee, which includes members of the public, to review the independence-

of the ICAVP contractor proposed by the utility. The NRC will make the final decision regarding the suitability of the contractor organization and individuals selected to conduct the ICAVP. However, any comments or observations by the NEAC subcommittee will be taken into consideration.

L The NRC plans to continue to meet periodically with the public on the status of the ICAVP, thereby providing a foram for public comment. For example, on September 24, 1996, members of the NRC staff met publicly with the licensee at the Millstone site and then met directly with the public that evening at the Waterford Town Hall to discuss the ICAVP. The NRC staff also met publicly with the Council on the evening of October 10, 1996, regarding the ICAVP.

Additional public sessions will be scheduled as warranted by developments.

In addition to the ICAVP, the NRC recently issued an order requiring Northeast .

Utilities to prepare and submit a plan addressing employee concerns. The order also requires the utility to retain a second independent organization'to oversee and report on implementation of that plan.

To focus additional regulatory attention on activities at Millstone, including the ICAVP, the NRC has established a Special Projects Office within the Office of Nuclear Reactor Regulation. This new office will be managed by Dr. William D. Travers. In addition to licensing and inspection activities, the Special Projects Office will be responsible for (1) oversight of the ICAVP, (2) oversight of corrective actions by Northeast Utilities related to safety issues involving employee concerns, and (3) inspections necessary to implement NRC oversight of the plant's restart activities. The Special Projects Office also will have responsibility for regulatory activities at the Haddam Neck plant unless Northeast Utilities decides to shut down the plant ,

l permanently.

The Commission appreciates the comments and concerns expressed in your recent letter. We believe that the current ICAVP process as detailed in the August 14, 1996 Order, combined with other activities providing for public openness, are sufficient to ensure an independent process. We are committed to ensuring that the activities at Millstone, including the ICAVP and our regulatory oversight programs, are conducted in a thorough and open manner.

To that end, the Commission plans to meet publicly with Northeast Utilities on a quarterly basis with the first meeting planned for late January. The NRC staff will continue to keep you apprised of developments concerning Millstone.

If you have any further comments, questions, or concerns, please contact Dr. Travers at (301) 415-8500.

Sincerely, ,

Y L Shirley Ann Jackson I

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EDO Principal Correspondence Control' I l

l FROM: DUE: 11/15/96 EDO CONTROL: G960823 DOC DT: 10/21/96 FINAL REPLY:

Ssn. Chr'stopher i J. Dodd

, TO:

Chairman Jackson FOR SIGNATURE OF : ** PRI ** CRC NO:=96-1104 l Chairman Jackson i DESC: ROUTING:  % ,

MILLSTONE Taylor Milhoan Thompson l Blaha  ;

HMiller,.RI l

' Lieberman, OE DATE: 10/30/96  ;

ASSIGNED TO: CONTACT: l NRR Miraglia l _

i SPECIAL INSTRUCTIONS OR REMARKS:

R3f. GT96798 i NRR RECEIVED: OCTOBER 30, 1996 NRR ACTION: DRPE:VARGA 4

.NRR ROUTING: MIRAGLIA ___

THADANI

! ZIMMERMAN ACTIOJ-i SHERON N

M$R l DUE TO NRR DIRECiOR'S OFFICE BY ) ,n IS Yl -

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