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Category:CORRESPONDENCE-LETTERS
MONTHYEAR05000482/LER-1999-002, Forwards LER 99-002-00,re Identification of Surveillance Performed in Modes Other than Those Required by TS SR 4.6.3.2.a.Commitments Made by Util Are Encl1999-10-15015 October 1999 Forwards LER 99-002-00,re Identification of Surveillance Performed in Modes Other than Those Required by TS SR 4.6.3.2.a.Commitments Made by Util Are Encl 05000482/LER-1994-014, Forwards LER 94-014-00 Re Util Identification of Missed Surveillance Required by TS Prior to Changing Modes.List of Commitments Made by Licensee,Encl1999-10-15015 October 1999 Forwards LER 94-014-00 Re Util Identification of Missed Surveillance Required by TS Prior to Changing Modes.List of Commitments Made by Licensee,Encl ML20217F7481999-10-14014 October 1999 Informs That Based on Approval of Core Assessment Damage Guidance in WCAP-14696,rev 1 for Westinghouse Nuclear Power Plants,Licensee May Use WCAP-14696,rev 1 at Wolf Creek Generating Station ML20217F8701999-10-13013 October 1999 Provides Summary of Meeting on 991007 with Representatives of Wolf Creek Nuclear Station in Burlington,Kansas Re Status of Licensee Radiation Protection Program.List of Meeting Attendees & Licensee Presentation Encl ML20217C1721999-10-0707 October 1999 Forwards Insp Rept 50-482/99-09 on 990830-0903.No Violations Noted.Purpose of Insp to Perform Routine Operational Status Insp of Emergency Preparedness Program & to Resolve Questions Re Revised Emergency Plan ML20217A4881999-09-29029 September 1999 Forwards Changes to Plant Data Point Library,Iaw 10CFR50,App E,Section VI.3.a.ERDS Point Affected Is RDS0001 ML20216H9291999-09-29029 September 1999 Informs That Licensee Responses to GL 97-06, Degradation of Steam Generator Internals Acceptable & Did Not Identify Any New Concerns with Condition of SG Intervals at Plant ML20212G1681999-09-24024 September 1999 Notifies NRC of Change in Status of Licensed Individual at Plant,Per 10CFR50.74.RL Acree Holds License OP-42654 at Plant,But Has Been Permanently Reassigned from Position for Which Plant Has Certified Need for RO License ML20216F9591999-09-22022 September 1999 Forwards Withdrawal of Amend Request Re Ultimate Heat Sink Temp for Wolf Creek Generating Station ML20212G5641999-09-20020 September 1999 Forwards Insp Rept 50-482/99-13 on 990725-0904.Three Violations Being Treated as Noncited Violations 05000482/LER-1999-011, Forwards LER 99-011-00 Re Identification of Missed Surveillance Due to Exceeding Flow Rate Specified in TS for Ccps.List of Util Commitments Contained in Attachment I1999-09-17017 September 1999 Forwards LER 99-011-00 Re Identification of Missed Surveillance Due to Exceeding Flow Rate Specified in TS for Ccps.List of Util Commitments Contained in Attachment I 05000482/LER-1999-010, Forwards LER 99-010-00,re Failure to Correctly Perform TS Surveillance 4.3.3.6.Encl Identifies Actions Committed to by Util1999-09-16016 September 1999 Forwards LER 99-010-00,re Failure to Correctly Perform TS Surveillance 4.3.3.6.Encl Identifies Actions Committed to by Util ML20212D9381999-09-16016 September 1999 Informs That NRC Staff Completed Midcycle PPR of WCGS on 990818.Areas of EP & Engineering Warranted Increase in NRC Action.Nrc Plan to Conduct Add Insp Beyond Core Insp Program Over Next 7 Months to Address Listed Questions 05000482/LER-1999-006, Forwards LER 99-006-01,re Identification of Failure to Enter LCO for TS 3.6.1.1 While Taking Containment Atmosphere Samples During Power Operation.Commitments Made by Util Are Encl1999-09-15015 September 1999 Forwards LER 99-006-01,re Identification of Failure to Enter LCO for TS 3.6.1.1 While Taking Containment Atmosphere Samples During Power Operation.Commitments Made by Util Are Encl ML20212C9211999-09-15015 September 1999 Forwards NRC Form 536, Operating Licensing Examination Data, in Response to NRC Administrative Ltr 99-03 ML20216F1641999-09-14014 September 1999 Forwards Insp Rept 50-482/99-12 on 990816-20.No Violation Noted.Determined That Solid Radwaste Mgt & Radioactive Matls Transportation Programs Were Properly Implemented 05000482/LER-1999-009, Forwards LER 99-009-00 Re Util Identification of Fire Suppression Issue Affecting Safe Shutdown Components. Attachment I Identifies Actions Committed to by Licensee in Encl LER1999-09-10010 September 1999 Forwards LER 99-009-00 Re Util Identification of Fire Suppression Issue Affecting Safe Shutdown Components. Attachment I Identifies Actions Committed to by Licensee in Encl LER ML20212A5651999-09-10010 September 1999 Informs of Completion of Review of & Encl Objectives for Wolf Creek Generating Station 1999 Emergency Preparedness Exercise Scheduled for 991117.Determined Exercise Objectives Appropriate to Meet EP Requirements 05000482/LER-1999-008, Forwards LER 99-008-00,re Efsa at Plant.Attachment I Identifies Actions Committed to by Licensee in LER1999-09-0303 September 1999 Forwards LER 99-008-00,re Efsa at Plant.Attachment I Identifies Actions Committed to by Licensee in LER ML20211M7151999-09-0303 September 1999 Forwards Changes to Wolf Creek Generating Station Data Point Library.Emergency Response Data Sys Points Affected Are EJL0007 & EJL0008 ML20211N0081999-09-0202 September 1999 Informs That NRC Staff Has Reviewed Submittals & Concluded Util Adequately Addressed Actions Requested in GL 95-07, Pressure Locking & Thermal Binding of Safety-Related Power- Operated Gate Valves ML20211K8301999-09-0202 September 1999 Forwards marked-up TS Page Deleting Inequality Signs from Trip Setpoints in SR 3.3.5.3 & Reflecting Info on Calibr Tolerance Band,Per 990708 Application to Amend License NPF-42 ML20211K1941999-08-31031 August 1999 Forwards Rev 31 to WCGS Physical Security Plan,Safeguards Contingency Plan & Training & Qualification Plan,Iaw 10CFR50.54(p).Encl Withheld,Per 10CFR73.21 ML20211H1491999-08-26026 August 1999 Forwards Insp Rept 50-482/99-16 on 990809-13.No Violations Noted.Insp Focused on Low as Is Reasonably Achievable Program,Training Program for Contract Radiation Protection Personnel & Radiation Protection QA Program ML20211A8581999-08-18018 August 1999 Forwards Insp Rept 50-482/99-08 on 990316-0724.One Violation Being Treated as Noncited Violation ML20211G2201999-08-17017 August 1999 Forwards Exam Rept 50-482/99-301 on 990726-29.Exam Evaluated Six Applicants for SO Licenses & Three Applicants for RO Licenses ML20210U0991999-08-13013 August 1999 Forwards Insp Rept 50-482/99-11 on 990712-16.No Violations Noted.Insp Was to Review Radiological Environ Monitoring Program ML20210U9751999-08-13013 August 1999 Informs That Licensee Identified That Answer Key for One Question on 990720 Written Exam & Event Classification for on Job Performance Measure Required Mod.Description & Justification for Proposed Mod,Including Technical Ref,Encl ML20211A9501999-08-12012 August 1999 Discusses 990720-21 Workshop Conducted in Region IV Ofc,Re Exchange of Info in Area of Use of Risk Insights in Regulatory Activities.List of Attendees,Summary of Topic & Issues,Agenda & Copies of Handouts Encl ML20210R5621999-08-12012 August 1999 Forwards Monthly Operating Rept for July 1999 for Wolf Creek Generating Station,Per TS 6.9.1.8 & GL 97-02.Revised Repts for Apr,May & June 1999,correcting Number of Hours Reactor Critical,Encl ML20210P7491999-08-0909 August 1999 Ack Receipt of ,Which Transmitted Wolf Creek Radiological Emergency Response Plan 06-002,Rev 0,under Provisions of 10CFR50,App E,Section V ML20210N0061999-08-0303 August 1999 Forwards Response to NRC 990401 RAI Re GL 95-07, Pressure Locking & Thermal Binding of SR Motor-Operated Gate Valves ML20210L1461999-08-0303 August 1999 Informs That NRC Plans to Administer Gfes of Written Operator Licensing Exam on 991006.Requests Submittal of Ltr Identifying Individuals Taking Exam,Personnel Allowed Access to Exams & Mailing Address for Exams ML20210H2551999-07-29029 July 1999 Provides 180-day Response to NRC Request for Info Re GL 99-02, Lab Testing of Nuclear-Grade Activated Charcoal ML20210J1371999-07-29029 July 1999 Requests NRC Approval of Methodology for Determining RCS Pressure & Temp & Overpressure Mitigation Sys PORV Limits. Attachment I Provides Proposed Changes to Improved TS ML20210F5931999-07-27027 July 1999 Forwards semi-annual Fitness for Duty Performance Data Rept for Wcnoc,Per 10CFR26.71(d).Rept Covers Period of 990101- 0630 ML20210F5881999-07-23023 July 1999 Submits Response to Administrative Ltr 99-02, Operator Reactor Licensing Action Estimates, ML20210B8191999-07-20020 July 1999 Ack Receipt of ,Which Transmitted Wolf Creek EP Implementing Procedure 06-005,Rev 1.Implementation of Changes Will Be Subj to Insp to Confirm That Changes Does Not Decrease Effectiveness of EP ML20209H5411999-07-15015 July 1999 Forwards Insp Rept 50-482/99-07 on 990614-18.No Violations Noted.Insp Focused on Radiation Program During Normal Operating Conditions ML20209H0441999-07-14014 July 1999 Forwards Response to NRC 990326 RAI Re GL 96-05, Periodic Verification of Design-Basis Capability of Safety-Related Movs. Summary of Util Commitments Provided in Attachment 2 ML20209H0751999-07-14014 July 1999 Forwards Monthly Operating Rept for June 1999 for Wolf Creek Generating Station,Per TS 6.9.1.8 & GL 97-02.Max Dependable Capacity Has Been Updated from 1163 to 1170,as Determined by Calculations Based on Capacity Test Results of July 1998 ML20209G9871999-07-14014 July 1999 Informs of Changes Affecting Wolf Creek Security Plan,Per 10CFR50.54(p)(2).Encl Provides Description of Changes & Justification for Changes ML20209E3581999-07-12012 July 1999 Discusses Util 980925 Response to GL 92-01,Rev 1,Suppl 1, Rv Structural Integrity, Issued on 950519 to Wolf Creek Generating Station ML20209E0611999-07-0808 July 1999 Forwards Addl Pages to Rev 12 of USAR & Commitment Changes, Inadvertently Omitted from 990311 Submittal ML20196K8231999-07-0606 July 1999 Submits Kansas Electric Power Cooperative,Inc Ltr Pursuant to Commission Direction in Memo & Order CLI-99-19.Addresses Disposition of Existing Antitrust Conditions Attached to License for Wolf Creek Unit 1 Re Proposed License Transfer ML20209C6031999-07-0606 July 1999 Provides Applicants View as Result of 990618 Memo & Order Directing Parties to Address Proper Disposition of Existing Antitrust License Condition Attached to OL for Facility Due to Planned Changes in Ownership of Facility.With Svc List ML20196K0501999-07-0202 July 1999 Forwards Insp Rept 50-482/99-06 on 990502-0612.Three Violations Occurred & Being Treated as Noncited Violations, Consistent with App C of Enforcement Policy ML20209B7131999-07-0101 July 1999 Submits Response to NRC Request for Info Re GL 98-01, Suppl 1, Y2K Readiness of Computer Sys at Npps. Response on Status of Facility Y2K Readiness Was Requested by 990701.Disclosure Encl ML20209A7461999-06-29029 June 1999 Informs of Changes in Project Mgt Staff Assigned to Wcgs. Effective 990628,J Donohew Will Assume PM Responsibilities ML20209B5151999-06-29029 June 1999 Informs That Util Completed Analyses & Modifications to Address Items Discussed in GL 96-06, Assurance of Equipment Operability & Containment Integrity During Design-Basis Accident Conditions 1999-09-03
[Table view] Category:INCOMING CORRESPONDENCE
MONTHYEAR05000482/LER-1994-014, Forwards LER 94-014-00 Re Util Identification of Missed Surveillance Required by TS Prior to Changing Modes.List of Commitments Made by Licensee,Encl1999-10-15015 October 1999 Forwards LER 94-014-00 Re Util Identification of Missed Surveillance Required by TS Prior to Changing Modes.List of Commitments Made by Licensee,Encl 05000482/LER-1999-002, Forwards LER 99-002-00,re Identification of Surveillance Performed in Modes Other than Those Required by TS SR 4.6.3.2.a.Commitments Made by Util Are Encl1999-10-15015 October 1999 Forwards LER 99-002-00,re Identification of Surveillance Performed in Modes Other than Those Required by TS SR 4.6.3.2.a.Commitments Made by Util Are Encl ML20217A4881999-09-29029 September 1999 Forwards Changes to Plant Data Point Library,Iaw 10CFR50,App E,Section VI.3.a.ERDS Point Affected Is RDS0001 ML20212G1681999-09-24024 September 1999 Notifies NRC of Change in Status of Licensed Individual at Plant,Per 10CFR50.74.RL Acree Holds License OP-42654 at Plant,But Has Been Permanently Reassigned from Position for Which Plant Has Certified Need for RO License 05000482/LER-1999-011, Forwards LER 99-011-00 Re Identification of Missed Surveillance Due to Exceeding Flow Rate Specified in TS for Ccps.List of Util Commitments Contained in Attachment I1999-09-17017 September 1999 Forwards LER 99-011-00 Re Identification of Missed Surveillance Due to Exceeding Flow Rate Specified in TS for Ccps.List of Util Commitments Contained in Attachment I 05000482/LER-1999-010, Forwards LER 99-010-00,re Failure to Correctly Perform TS Surveillance 4.3.3.6.Encl Identifies Actions Committed to by Util1999-09-16016 September 1999 Forwards LER 99-010-00,re Failure to Correctly Perform TS Surveillance 4.3.3.6.Encl Identifies Actions Committed to by Util 05000482/LER-1999-006, Forwards LER 99-006-01,re Identification of Failure to Enter LCO for TS 3.6.1.1 While Taking Containment Atmosphere Samples During Power Operation.Commitments Made by Util Are Encl1999-09-15015 September 1999 Forwards LER 99-006-01,re Identification of Failure to Enter LCO for TS 3.6.1.1 While Taking Containment Atmosphere Samples During Power Operation.Commitments Made by Util Are Encl ML20212C9211999-09-15015 September 1999 Forwards NRC Form 536, Operating Licensing Examination Data, in Response to NRC Administrative Ltr 99-03 05000482/LER-1999-009, Forwards LER 99-009-00 Re Util Identification of Fire Suppression Issue Affecting Safe Shutdown Components. Attachment I Identifies Actions Committed to by Licensee in Encl LER1999-09-10010 September 1999 Forwards LER 99-009-00 Re Util Identification of Fire Suppression Issue Affecting Safe Shutdown Components. Attachment I Identifies Actions Committed to by Licensee in Encl LER 05000482/LER-1999-008, Forwards LER 99-008-00,re Efsa at Plant.Attachment I Identifies Actions Committed to by Licensee in LER1999-09-0303 September 1999 Forwards LER 99-008-00,re Efsa at Plant.Attachment I Identifies Actions Committed to by Licensee in LER ML20211M7151999-09-0303 September 1999 Forwards Changes to Wolf Creek Generating Station Data Point Library.Emergency Response Data Sys Points Affected Are EJL0007 & EJL0008 ML20211K8301999-09-0202 September 1999 Forwards marked-up TS Page Deleting Inequality Signs from Trip Setpoints in SR 3.3.5.3 & Reflecting Info on Calibr Tolerance Band,Per 990708 Application to Amend License NPF-42 ML20211K1941999-08-31031 August 1999 Forwards Rev 31 to WCGS Physical Security Plan,Safeguards Contingency Plan & Training & Qualification Plan,Iaw 10CFR50.54(p).Encl Withheld,Per 10CFR73.21 ML20210U9751999-08-13013 August 1999 Informs That Licensee Identified That Answer Key for One Question on 990720 Written Exam & Event Classification for on Job Performance Measure Required Mod.Description & Justification for Proposed Mod,Including Technical Ref,Encl ML20210R5621999-08-12012 August 1999 Forwards Monthly Operating Rept for July 1999 for Wolf Creek Generating Station,Per TS 6.9.1.8 & GL 97-02.Revised Repts for Apr,May & June 1999,correcting Number of Hours Reactor Critical,Encl ML20210N0061999-08-0303 August 1999 Forwards Response to NRC 990401 RAI Re GL 95-07, Pressure Locking & Thermal Binding of SR Motor-Operated Gate Valves ML20210J1371999-07-29029 July 1999 Requests NRC Approval of Methodology for Determining RCS Pressure & Temp & Overpressure Mitigation Sys PORV Limits. Attachment I Provides Proposed Changes to Improved TS ML20210H2551999-07-29029 July 1999 Provides 180-day Response to NRC Request for Info Re GL 99-02, Lab Testing of Nuclear-Grade Activated Charcoal ML20210F5931999-07-27027 July 1999 Forwards semi-annual Fitness for Duty Performance Data Rept for Wcnoc,Per 10CFR26.71(d).Rept Covers Period of 990101- 0630 ML20210F5881999-07-23023 July 1999 Submits Response to Administrative Ltr 99-02, Operator Reactor Licensing Action Estimates, ML20209G9871999-07-14014 July 1999 Informs of Changes Affecting Wolf Creek Security Plan,Per 10CFR50.54(p)(2).Encl Provides Description of Changes & Justification for Changes ML20209H0441999-07-14014 July 1999 Forwards Response to NRC 990326 RAI Re GL 96-05, Periodic Verification of Design-Basis Capability of Safety-Related Movs. Summary of Util Commitments Provided in Attachment 2 ML20209H0751999-07-14014 July 1999 Forwards Monthly Operating Rept for June 1999 for Wolf Creek Generating Station,Per TS 6.9.1.8 & GL 97-02.Max Dependable Capacity Has Been Updated from 1163 to 1170,as Determined by Calculations Based on Capacity Test Results of July 1998 ML20209E0611999-07-0808 July 1999 Forwards Addl Pages to Rev 12 of USAR & Commitment Changes, Inadvertently Omitted from 990311 Submittal ML20209C6031999-07-0606 July 1999 Provides Applicants View as Result of 990618 Memo & Order Directing Parties to Address Proper Disposition of Existing Antitrust License Condition Attached to OL for Facility Due to Planned Changes in Ownership of Facility.With Svc List ML20196K8231999-07-0606 July 1999 Submits Kansas Electric Power Cooperative,Inc Ltr Pursuant to Commission Direction in Memo & Order CLI-99-19.Addresses Disposition of Existing Antitrust Conditions Attached to License for Wolf Creek Unit 1 Re Proposed License Transfer ML20209B7131999-07-0101 July 1999 Submits Response to NRC Request for Info Re GL 98-01, Suppl 1, Y2K Readiness of Computer Sys at Npps. Response on Status of Facility Y2K Readiness Was Requested by 990701.Disclosure Encl ML20209B5151999-06-29029 June 1999 Informs That Util Completed Analyses & Modifications to Address Items Discussed in GL 96-06, Assurance of Equipment Operability & Containment Integrity During Design-Basis Accident Conditions ML20196G9681999-06-22022 June 1999 Informs NRC That BC Ryan Will Be Leaving Ks State Univ for Position with Wolf Creek Nuclear Operating Corp,Effective 990701 05000482/LER-1999-007, Forwards LER 99-007-00,re Condition in Which Wolf Creek Generating Station TS 3.3.2 Was Not Met.Commitments Made by Util Also Encl1999-06-18018 June 1999 Forwards LER 99-007-00,re Condition in Which Wolf Creek Generating Station TS 3.3.2 Was Not Met.Commitments Made by Util Also Encl ML20196A0251999-06-17017 June 1999 Requests That Written Exams for Reactor Operator & SRO for Plant Be Administered Beginning Wk of 990719 & Followed by Operating Exam During Wk of 990726 to Personnel Listed in Attachment.Proprietary Info Encl.Proprietary Info Withheld ML20195K0641999-06-15015 June 1999 Forwards MOR for May 1999 for Wolf Creek Generating Station & Corrected Page 2 of 2 of Apr 1999 Mor,Adding That Unit Entered Intomode 5 for Restart During Month of Apr & Correcting Shutdown Duration Hours from 672 to 671 ML20195G4391999-06-11011 June 1999 Provides Details for Missed Rept Re 10CFR50.46 Thirty Day Rept of ECCS Model Revs.Attachment I Provides Summary of Commitments Made in Submittal 05000482/LER-1999-005, Forwards LER 99-005-00,re Esfa.Commitments Made by Util Are Encl1999-06-11011 June 1999 Forwards LER 99-005-00,re Esfa.Commitments Made by Util Are Encl 05000482/LER-1997-027, Forwards LER 97-027-00 Re Identification of Missed Surveillance Required by TS 4.3.3.5.2.Encl 1 Identifies Actions Committed to by Util1999-06-0404 June 1999 Forwards LER 97-027-00 Re Identification of Missed Surveillance Required by TS 4.3.3.5.2.Encl 1 Identifies Actions Committed to by Util ML20195B9811999-05-26026 May 1999 Forwards 1998 Annual Repts for Ks Electric Power Cooperative Inc,Ks City Power & Light Co & Western Resources,Inc, Including Wholly Owned Subsidiary Kg&E Co ML20196L3361999-05-18018 May 1999 Forwards Rev 1 to Cycle 11 COLR for WCGS, IAW TS Section 6.9.1.9 05000482/LER-1999-004, Forwards LER 99-004-00 Re Failure to Maintain Containment Closure During Fuel Movement as Required by TS 3.9.4.c. Attachment I to Ltr Identifies Actions Committed to by Plant in Encl LER1999-05-12012 May 1999 Forwards LER 99-004-00 Re Failure to Maintain Containment Closure During Fuel Movement as Required by TS 3.9.4.c. Attachment I to Ltr Identifies Actions Committed to by Plant in Encl LER ML20206Q8141999-05-11011 May 1999 Requests NRC Work with Industry to Resolve Generic Changes to Allow Permanent Change to TSs Prior to June 2000.Encl Provides TS Limited Duration Action Statement Until 990930 05000482/LER-1999-003, Forwards LER 99-003-00,re Failure to Perform TS SR 4.9.2.c Prior to Entering Mode 6.Commitments Made by Util Are Encl1999-05-10010 May 1999 Forwards LER 99-003-00,re Failure to Perform TS SR 4.9.2.c Prior to Entering Mode 6.Commitments Made by Util Are Encl ML20206K5141999-05-0707 May 1999 Provides Info Re Number of Tubes Plugged in Each Sg,As Required by TS 4.4.5.5.ISI of SGs B & C Completed on 990424,resulting in Mechanical Plugging of One Tube in SG B & Five Tubes in SG C ML20206J0711999-05-0505 May 1999 Forwards Guarantees of Payment of Deferred Premiums for Owners of Wolf Creek Generating Station,As Required by 10CFR140.21 ML20206D9551999-04-29029 April 1999 Forwards 1999 Annual Radioactive Effluent Release Rept 22, for Reporting Period Jan-Dec 1998,per Section 6.9.1.7 of WCGS Ts.Attachment to Ltr Identifies Commitments Resulting from Correspondence ML20206C7321999-04-22022 April 1999 Provides Notification of Changes at WCGS Affecting Plant Physical Security Plan,Per 10CFR50.54(p).Changes Identified in Attachment I Will Be Incorporated Into Plan by 990831. Commitments Made by Util Are Included in Attachment II ML20206B2051999-04-20020 April 1999 Forwards Revs to RERP Implementing Procedures,Including Rev 1 to EPP 06-001, CR Operations, Rev 1 to EPP 06-002, TSC Operations, Rev 3 to EPP 06-004, Public Info Organization & Rev 1 to EPP 06-005, Emergency.. ML20205L7431999-04-0606 April 1999 Confirms 990401 Telcon with NRC Re Late Payment Notice That Util Received for Invoice RL0295-99.Licensee Understands Invoice to Be Cancelled ML20205F1601999-03-30030 March 1999 Forwards Rept Re Status of Decommissioning Funding for WCGS, Per 10CFR50.75.Kansas Gas & Electric Co Decommissioning Trust Agreement,Encl ML20205K9481999-03-26026 March 1999 Responds to NRC Ltr Re Violations Noted in Insp Rept 50-482/98-05.Corrective Actions:Training Was Provided to Mrep Members Through Use of Contract Individual Experienced in Maint Rule Programs.Change to Commitment Date,Encl ML20196K7261999-03-26026 March 1999 Forwards Certified Copy of ITS & ITS Bases,As Committed in Licensee to Nrc.Summary of Editorial Corrections, Also Encl ML20205A1961999-03-25025 March 1999 Provides Suppl 2 to 970515 Application for Amend to License NPF-42,providing Changes to TS Based on 990310 & 19 Discussions with NRC Re Conversion to Improved TS 1999-09-03
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l Westinghouse Energy Systems Bm ass l Electric Corporation Pmsburgh Pennsylvania 15230 0355
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NSD-NRC-96-4889 l
November 21,1996 Document Control Desk United States Nuclear Regulatory Commission Washington, D.C. 20555-0001 Attention: Frank J. Miraglia, Jr.
Acting Director Office of Nuclear Reactor Regulation
Subject:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURES -
WESTINGHOUSE LETTERS OF JUNE 11,1996, JUNE 27,1996 AND SEPTEMBER 4.1996 (NSD-NRC-96-4740, NSD-NRC-96-4756, NSD NRC 4812), AND WOLF CREEK j N JCLEAR OPERATING CORPORATION (CAW-96-944)(TAC NO. M94764). 1
Dear Mr. Miraglia:
This is in response to your several letters dated October 16,1996 from Ms. Craig and a letter from your office dated November 5,1996 concerning Westinghouse's request for proprietay treatment of a number of submittals pertaining to the incomplete rod insertions at Wolf Creek,in which your office rejected the proprietary classification of several cited phrases. Westinghouse is concerned about the NRC disagreement with our position that a portion of the material identified by Westinghouse is proprietay. Westinghouse is also concerned by the failure of the NRC to provide Westinghouse with appropriate notice and opportunity to withdraw the information under CFR Q2.790, and by the NRC refusal to allow withdrawal of the information.
Westinghouse believes that the information which was submitted to the NRC and identified as proprietary was and is,in fact, proprietary. It is information that is customarily held in confidence by Westinghouse. In addition, the disclosure of the information in the form in which it appears in the report and the presentations to the NRC referred to in your letters could cause harm to the competitive position of Westinghouse. Although, as you correctly pointed out, certain items that were claimed to be proprietary appear in other public documents, the context in which they now appear in the rod drop report and the presentations to the NRC would disclose the information in a form which would not otherwise be available to our competitors.
Very often where pieces of information are in the public domain they are very much like parts of a _
complicated puzzle. Even if you have all the puzzle parts,it may be time consuming and costly to put the pieces together with any degree of assurance that the picture is accurate. Thus, the context in which information is presented is important, and disclos. ire of the information by disclosing the rod drop report and other material would provide our competitors not only with the basic information, but the ability to utilizg that information in a manner which they otherwise would not have without
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F. J. Miraglia, Jr.
Pagg 2 ,
', NSD-NRO-96-4889 November 21,1996 expenditure of the time and effort comparable to that already expended by Westinghouse. To the extent the information is available in pieces to the public, there can be no additional benefit served by making it available again. However, the phrases contained in the report would add additional value to what has previously been available. It is possible that a small amount ofinformation in the referenced material was inconsistently classified. We have not gone through the expense of evaluating whether the inappropriate classification was proprietary or nonproprietary, because that point is now moot and a very small part of this issue. However, we assure you that any such improper classification was inadvertent.
The information submitted to the NRC and contained in the report and presentations was submitted in a voluntary manner. Where there has been a voluntary submittal, the standard to be applied is that to maintain information proprietary it must have been held in confidence by the owner. In the form presented in the report and presentations, the material claimed to be proprietary by Westinghouse has, in fact, been held in confidence by Westinghouse and, thus, meets this test.
In Mr. Miraglia's letter, the staff claimed that the information is required to be made public (1) so that PWR licensees can adequately assess the operability of their control rods and recognize the potential
- for safety-significant precursor phenomenology; and (2) so that other fuel manufacturers can assess the d
susceptibility of their fuel to similar conditions.
With respect to the first of these reasons, Westinghouse has protective agreements with the purchaser, ofits fuel and, under those agreements, has already made the information available to the PWR
. licensees to whom you refer. With respect to the second of these reasons,it has been the long-standing policy of Westinghouse, recognized and approved by the NRC, that we do not withhold from our competitors proprietary information which identifies the existence of a safety problem or i potential safety problem. However, this information is maintained as proprietary for all other l
purposes, and information relating to the solution of the safety problem, as opposed to the existence of a safety problem,is always maintained as proprietary and not disclosed to our competitors. Thus, the two reasons referred to above by the NRC for disclosure of the Westinghouse proprietary information are covered by current Westinghouse policies and procedures.
With respect to the staff conclusion that the right of the public to be fully apprised as to the basis for I and effects of the failure of the control rods to fully insert at Wolf Creek outweighs the Westinghouse concern for the protection of Westinghouse's competitive position, no basis is given for this summary conclusion by the NRC. Westinghouse cannot understand how the NRC can reach such a conclusion, since the nonproprietary version of the information provided to the NRC apprises the public of the basis for and effects of failure of the control rods to fully insert at Wolf Creek, and the method of identifying the proprietary information makes clear the nature of the information available to the NRC relating to these conclusions. Moreover, any member of the public who would be involved in a I licensing proceeding at Wolf Creek would, under appropriate protective order, be entitled to obtain the proprietary information.
With respect to the denial of the requested withdrawal of the documents in question, your letters do not comply with the provisions of 10 CFR l 2.790. Under that regulation where a request for withholding on the grounds that the information is proprietary is denied by the NRC, the NRC is required to notify the requester of the denial with a statement of reasons and to provide a time not less than 30 days after the date of the notice wher, the document will be placed in the Public Document Room. If, within the time specified in the notice, the requester demands withdrawal of the document, the document will not be placed in the Public Document Room and will be returned to the requester.
Your letters provided ten days' notice rather than the required period of 30 days or more, and they 1534A WPWIN JAS
F. J. Miraglie, Jr. .
Pagg 3 .
, NSD:NRG-96-4889 November ",i,1996 i
purport to deny the withdrawal because of a claim of overriding public health and safety considerations. No such limitation is contained in the regulations. Moreover, the NRC through its General Counsel, is on record with the Court as recognizing that the right of withdrawal is without qualification or limitation (except in a rulemaking context not here relevant). To quote from the General Counsel:
i "Any information submitted [other than in a rulemaking context] would be considered for withholding from the public at the time submitted, and if withholding is denied, the Commission will provide a ;
statement of reasons and the owner of the information would have at least thirty days to withdraw it, thus preventing its disclosure "
Notwithstanding the above, and in the spirit of trying to work this matter out with the Commission, Westinghouse has reviewed the proprietary information as to which you would deny proprietary status. ,
As a result of that review, we have concluded that we are willing to pennit public disclosure of l certain of that information. We want to make it clear, however, that we still consider the information '
which we are willing to release to be proprietary, but we have concluded as a matter ofjudgment that ;
the value of such information to us is outweighed by the value of reaching an amicable agreement with the NRC. Certain information the NRC has objected to which we still consider to be appropriate i for proprietary protection is identified in the attachment to this letter, and we would ask the Commission to review and reconsider its position in connection with this latter material. In addition, the Commission has already agreed to maintain as proprietary other information contained in the referen::ed documents and we request that proprietary pra.t2 ion continue to be afforded to that ;
information as well. Should the Commission continue tu disagree with our position that all such j information is proprietary, we request the withdrawal of such infonnation and the return of such information to Westinghouse. i Very truly yours, N. . Liparul , Manager Regulatory & Engineering Networks cc: C. M. Craig Attachment l
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