ML20138R587

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Advises That Emergency Plan & Implementing Procedures Should Be Revised to Clearly Reflect 15-minute Regulatory Requirements for Notifications of Unusual Event Emergency Class,In Response to Insp Repts 50-266/83-01 & 50-301/83-01
ML20138R587
Person / Time
Site: Point Beach  NextEra Energy icon.png
Issue date: 12/20/1985
From: Hind J
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To: Fay C
WISCONSIN ELECTRIC POWER CO.
References
NUDOCS 8512310382
Download: ML20138R587 (2)


See also: IR 05000266/1983001

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DEC 2 0 $85

Docket No. 50-266

Docket No. 50-301

Wisconsin Electric Power Company

ATTN: Mr. C. W. Fay

Vice President

Nuclear Power Department

231 West Michigan, Room 308

Milwaukee, WI 53201

Gentlemen:

As a result of an inspection conducted at the Point Beach Nuclear Power Plant in

January and February 1983 (Inspection Report Nos. 50-266/83-01 and 50-301/83-01)

and transmitted to you by cover letter dated March 8, 1983, a violation was

issued for failure to provide for notification of State and local governmental

agencies within 15 minutes after declaring an alert or unusual event emergency

class. Resolution of this issue was eventually achieved after letters from

you to Mr. J. G. Keppler dated April 8 and May 23, 1983, a conference call

between Wisconsin Electric and NRC on May 17, 1983 and discussions during a

management meeting between Wisconsin Electric and NRC on September 28, 1983.

Agreement was reached among all parties involved that for an unusual event the

intent of the regulations would be met if it was stated that notifications

"should be initiated as soon as possible after the initial classification and

must be initiated within one hour of the initial classification."

After a recent re-review of this issue, we have determined that we were in

error and beyond ou' authority in accepting this wording in that it is not in

agreement with the regulations. 10 CFR Part 50, Appendix E, Section IV.D.3

specifically states that "a licensee shall have the capability to notify

responsible State ano local governmental agencies within 15 minutes after

declaring an emergency." In addition,Section IV.C of Appendix E to Part 50

states "the emergency classes defined shall include: (1) notification of

unusual events, (2) alert, (3) site area emergency, and (4) general emergency."

It also states that "aoministrative and physical means for notifying local,

State, and Federal officials and agencies. . ., shall be described" in the

emergency plan. The wording as agreed to in 1983 gives the latitude of up to

one hour to make the initial notification to state and local authorities for a

notification of unusual event emergency classification, which is not within

15 minutes as required.

We recognize the fact that your Emergency Plan and procedures are currently

structured to ensure that notifications are carried out as soon as possible.

However, the fact that they specify that additional time of up to one hour

may be taken for the notification of unusual event is in conflict with the

regulations.

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Wisconsin Electric Power Company 2

DEC 2 0 1985

As a result of this re-review, please revise your Emergency Plan (Chapter 5.0,

Section 7.1) and Emergency Plan Implementing Procedures (EPIP 2.3, Section 4.2)

to clearly reflect the 15 minute regulatory requirement for notifications of

the unusual event emergency class.

If you choose to retain the wording as it is currently written, a request for

an exemption from the regulations may be pursued per 10 CFR Part 50.12(a).

If you have any questions concerning the contents of this letter, please

contact Mr. William Snell of my staff at (312) 790-5513.

Sincerely,

"Origir,a1 sk:md : 7 U.D. Shr.fer"

Tf Jack A. Hind, Director

1 Division of Radiation Safety

and Safeguards

cc: J. J. Zach, Plant Manager

DCS/RSB (RIDS)

Licensing Fee Management Branch <.

Resident Inspector, RIII

John J. Duffy, Chief

Boiler Section

Ness Flores, Chairperson

Wisconsin Public Service

Commission

W. Weaver, FEMA, RIV

D. Matthews, OIE, EPB

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