ML20135D782
| ML20135D782 | |
| Person / Time | |
|---|---|
| Site: | Maine Yankee |
| Issue date: | 02/28/1997 |
| From: | Zwolinski J NRC (Affiliation Not Assigned) |
| To: | Blanch P AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20135D785 | List: |
| References | |
| NUDOCS 9703050501 | |
| Download: ML20135D782 (6) | |
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UNITED STATES a,-
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NUCLEAR REGULATORY COMMISSION I
WASHINGTON, D.C. M b
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February 28, 1997 i
l Mr. Paul M. B1anch 135 Hyde Road
-West Hartford, CT. 06117
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Dear Mr. Blanch:
1 I as responding to your letter of January 8,1997, in which you forwarded j-concerns raised in your E Mail of November 20,19%, regarding the Maine j
s Yankee plant and the IRC's Independent Safety Assessment Team (ISAT) findings.
You also requested an opportunity to participate in the Commission meeting of February 4,1997 regarding Maine Yankee's response to the ISAT findings.
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On January 23, 1997, the Office of the Secretary of the Commission responded i
to your request for participation in the Commission meeting and informed you
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that your comments would be addressed under separate correspondence.
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In reviewing your letter, we note that in your cover letter you conclude
.... that the )lant has not been verified to be in compliance 'with Commission regulations' t1erefore the minimum safety requirements have not been satisfied." As the Commission has noted, l
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while it is true that compliance with all IRC regulations )rovides reasonable assurance of adequate protection of the public 1ealth and safety, the converse is not correct, that failure to comply with one j
regulation or another is an indication of the absence of adequate protection, at least in a situation where the Commission has reviewed l
the noncompliance and found that it does not pose an " undue risk" to the public health and safety.
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Ohio Citizens'for Resoonsible Enerav. Inc.: Denial of Petition for Rulemaking, 53 Fed. Reg. 41178 (October 20, 1988), ouotina Specific Exemptions:
Clarification of Standards, 50 Fed. Reg. 50764 at 50768 (Dec.12,1985).
In this case, the staff has determined that the overall performance of Maine i
Yankee was adequate for operation at 2440 W t, taking into consideration the-nature and scope of the problems identified by the ISAT and the immediate corrective actions taken by the licensee. This finding was predicated on an assessment of the licensee's conformance with the Commission's regulations, i
license conditions (including technical specifications), and Orders; and the 1
ability of the licensee's programs to assure safe operation of Maine Yankee.
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The staff's findings reflect the judgment, based on information available to L
the staff at that time, that operation in accordance with the current license restrictions and authorizations can be conducted with reasonable assurance of i
adequate protection of the public health and safety, the fundamental safety standard under the Atomic Energy Act, and that such operation would not pose an undue risk.
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Mr. P. Blanch 2
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Regarding the concerns raised in the enclosure to your letter and E Mail of i
November 20,.1996, the staff has responded in separate correspondence dated February 18, 1997. Of note are additional concerns identified recently regarding equipment qualification. - As you are aware, prior to the ISAT exit from the site and restart of the plant in the Summer of 1996, equipment oualification submergence concerns were identified. The licensee took prompt corrective action to address the staff's concerns.
As a follow on activity the licensee committed, as part of its corrective actions, to perform a verification of its analysis of water level inside the 4
containment following a design basis event. The staff was informed in December 1996 that the subsequent analysis revealed a change in water level j
such that 14 additional instruments could also be submerged. The licensee will address this matter prior to restart. Equipment qualification is one of i
several items identified by the ISAT that will be the subject of an l
enforcement conference, operi for public observation, to be conducted near the plar.t site on March 11, 1997.
As you are aware, Maine Yankee was shut down in early December upon discovery 2
l of cable separation concerns. On December 18, 1996, the NRC issued a l
Confirmatory Action Letter (CAL) to the licensee to provide assurance that i
cable separation and logic testing issues were resolved prior to restart.
l Further inspections and licensing activities have revealed additional technical concerns in the electrical area. These recently identified concerns have been incorporated into a supplement to the CAL that was issued on January 30, 1997. The issues addressed in the CAL and its sup)lement will be the subiect of a public meeting between the licensee and tie staff prior to plant restet.
n The NRC Cl decide prior to restart whether the licensee's corrective actions j
provide reannable assurance that the plant will be operated in a manner that will provide t.dequate protection of public health and safety and not pose an j
j undue risk.
I Your concerns regarding the NRC staff's performance are being forwarded to the Office of the Inspector General.
I trust the above is responsive to your concerns.
f Sincerely, John
. Zwolinski, Deputy Director Divis on of Reactor Projects I/II Office of Nuclear Reactor Regulation
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Mr. P. Blanch 3
FILENAME - A:\\GT970037 *see previous concurrence OFFICE PM:DRPE*
DD:DRPE*
D:DRPE*
AE0D*
ADPR*
1 NAME DDorman Zwolinski,,
SVarga FCongel Zimmerman DATE 2/5/97 2/5/9717E' 2/5/97
'2/7/97 2/7/97 COPY Yes/No Yes/No/O' Yes/No Yes/No Yes/No 0FFICE D:NRR*
EDO OCM NAME FMiraglia HThompson SJackson DATE 2/10/97 a/$/97 a /06/97 COPY Yes/No Yes/No Yes/No Yes/No OGC*
RWeisman (no legal objection, with noted comments) 2/18/97 Original signed by J. Zwolinski l
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t f-Mr. P. Blanch 4
February 28, 1997
)istribution:
' Met: File:(50a309 w/ original tincoming)/
PUBLIC (w/ incoming)
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SECY GT #970037 ED0 Reading H. Thompson S. Collins J. Blaha F. Miraglia A. Thadani R. Zimmerman B. Sheron e
T. Martin W. Travers i
K. Bohrer (GT 970037) t PDI 3 Plant (w/ incoming) x i
S. Varga i
J. Zwolinski
- 1 M. Boyle (email MLB4) m J. Moore. 0GC s
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OCA m
C. Norsworthy
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EDO Principal Correspondence Control FROMt DUE: 01/31/97 EDO CONTROL: G970037 DOC DT: 01/08/97 FINAL REPLY:
Paul M.-Blanch' TOs Andrew ~ Bates, SECY FOR SIGNATURE OF :
MAINE YANKEE SAFETY ISSUES Thompson Jordan Norry Blaha Ross, AEOD Miller, RI DATE: 01/17/97 ASSIGNED TO:
CONTACT:
NRR Miraglia h
SPECIAL INSTRUCTIONS OR REMARKS:
REF: G960889'(AEOD)
Put EDO.and Chairman on for concurrence.
Chairman's~ Office to review response prior to dispatch.
NRR RECEIVED:
JANUARY 17, 1997 NRR ACTION:
DRPE:VARGA
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MIRAGLIA
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ZIMMERMAN KnDvr~~r.ig[sGiG
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OFFICE OF THE SECRETARY-
. CORRESPONDENCE CONTROL TICKET PAPER NUMBER:
CRC-97-0048 LOGGING DATE: Jan 14 97 ACTION OFFICE:
EDO/SECY AUTHOR:
PAUL BLANCH AFFILIATION:
CONNECTICUT ADDRESSEE:
ANDREW BATES LETTER DATE:
Jan 8'96 FILE CODE: IDR-5 MAINE YANKEE
SUBJECT:
COMMISSION MEETING ON MAINE YANKEE ACTION:
Direct Reply DISTRIBUTION:.
CHAIRMAN, COMRS, SECY, OGC SPECIAL HANDLING: SECY TO ACK CONSTITUENT:
f NOTES:
SECY WILL HANDLE COMMISSION MEETING CHAIRMAN SHOULD REVIEW RESPONSE' PRIOR TO DISPATCH l
'DATE DUE:
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SIGNATURE:
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AFFILIATION:
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