ML20136D811

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Memorandum & Order Denying TVA 850927 Request for Extension of 851130 Deadline for Environ Qualification of Electrical Equipment.Licensee Failed to Demonstrate Extraordinary Circumstances to Support Extension.Served on 851120
ML20136D811
Person / Time
Site: Sequoyah  Tennessee Valley Authority icon.png
Issue date: 11/20/1985
From: Chilk S
NRC OFFICE OF THE SECRETARY (SECY)
To:
TENNESSEE VALLEY AUTHORITY
References
CON-#485-257 OL, NUDOCS 8511210372
Download: ML20136D811 (3)


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'85 fGV 20 P1 :24 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 0 N i... s r E 'S COMMISSIONERS:

Nunzio J. Palladino, Chairman Thomas M. Roberts James K. Asselstine SERVED NOV :

t o" Frederick M. Bernthal Lando W. Zech, Jr.

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TENNESSEE VALLEY AUTHORITY

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Docket Nos. 50-327 (Sequoyah Nuclear Plant,

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50-328 4 Units 1 and 2)

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MEMORANDUM AND ORDER By letter dated September 27, 1985, as supplemented October 4, 1985, the Tennassee Valley Authority ("TVA") requests that the Commission grant an extension from the November 30, 1985 deadline for environmental qualification of electrical equipment at the Sequoyah Nuclear Plant, Units 1 and 2.

The Commission has reviewed in detail the licensee's submittals and the staff's analysis and recommendation as set forth in SECY-85-335. Based on this review the Commission finds that the licensee has failed to demonstrate exceptional circumstances that would support an extension of the November 30 deadline.

The Commission most recently addressed the environmental qualifica-tion issue in Generic Letter 85-15, issued August 6, 1985.

In that letter the Commission stated that extensions from the November 30 8511210372 851120 PDR ADOCK 05000327 362

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deadline established in 10 CFR 50.49(g) would be granted "only in rare circumstances." The Comission further stated that extension requests "must clearly identify the exceptional nature of the case, e.g., why, through events entirely beyond its control, the licensee will not be in compliance on November 30; the date when compliance will be achieved; and a justification for continued operation until compliance wil'1 be achieved." The Comission also set forth an enforcement policy regarding failure to meet the deadline.

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As is apparent from the Comission's previous pronouncements, equipment qualification is a matter of safety significance and the NRC has sought to compel diligent licensee efforts to achieve industry-wide

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compliance with its requirements in this area. On the basis of the handful of extension requests the Comission has received, it appears that most licensees have completed their programs within the 10 CFR 50.49 schedule. This shows that reasonably diligent efforts comencing when the Comission first ordered industry-wide actions in 1980 have generally enabled licensees to achieve compliance by this time.

Yet, for Sequoyah Units 1 and 2 approximately eighteen items of electric equipment important to safety are not qualified. Moreover, the licensee did not, in the Comission's view, demonstrate that this shortfall was due to circumstances beyond the licensee's control. The NRC staff advised TVA in early 1984 that its qualification method for the types of electrical cable that constitute the unqualified items was inadequate.

l Nonetheless, the licensee failed to initiate promptly a new cable testing program and, as a result, was unable to complete its qualification program on time. Given this particular circumstance, as

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well as our general concern over deficiencies in TVA's equipmert qualification program, an extension of the equipment qualification deadline clearly is not warranted.

The Comission therefore denies the request of TVA for an extension on Sequoyah Un;;r 1 and 2.

The staff has reviewed the justifications for continued operation and finds they support safe operation to April 1, 1986, the date to which TVA requested an extension for completion of its equipment qualification work.

However, if TVA c5aoses to operate the Sequoyah facility at any time between November 30, IV'5 and April 1, 1986, without completing qualification of the equipment in question, it will be subject to a civil penalty in accordance with Generic Letter 85-15.

It is so ORDERED.

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SAMUEL

. CHILK SecretaryofqtheCommission Dated at Washington, D.C.

T'M this t o' day of h- ~ l e, 1985.

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