ML20141F715
| ML20141F715 | |
| Person / Time | |
|---|---|
| Site: | Maine Yankee |
| Issue date: | 06/20/1997 |
| From: | Zwolinski J NRC (Affiliation Not Assigned) |
| To: | Myers H AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20141F717 | List: |
| References | |
| NUDOCS 9707030147 | |
| Download: ML20141F715 (9) | |
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NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20566-0001 June 20, 1997 Mr. Henry R. Myers i
Post Office Box 88 Peaks Island, ME 04108
Dear Mr. Myers:
On April 18, 1997, you wrote a letter to Chairman Jackson on topics relating to the Maine Yankee facility and other industry issues.
Your letter has been referred to me for reply.
You questioned whether documents had been located that were associated with the 1978 resolution of cable separation concerns raised by Mr. Atherton.
The staff is again reviewing these concerns to ensure that they were addressed.
We are not aware of any inability to locate the documents needed for this review.
You also repeated your contention that the NRC acted inappropriately in allowing Maine Yankee to operate under the conditions imposed by the January 3, 1996 Order. We have addressed this issue in several previous letters to you, and our position is unchanged.
You stated that you found our responses to your previous letters "conclusory," and " inadequately documented." To the contrary, our responses have provided detailed answers and supporting documents for your use.
We also note that each NRC Commissioner has the freedom to express individual views on any given topic. As for your observations regarding Commissioner Diaz's specific remarks at the April 1997 Regulatory Information Conference:
the Commission has stated clearly that licensees bear the primary responsibility for ensuring safe operation of their facilities, and that compliance with NRC requirements, including regulations and license conditions, is fundamental to giving the NRC confidence that safety is being maintained. The Commission is in full agreement on that premise.
- However, when evaluating the.overall performance of a facility in terms of its justification for continued operation, or the need for prompt remedial action (including shutdown), the Commission's decisions are not based upon a
" substantial compliance" standard.
Rather, such decisions are based on a determination as to whether operation of the facility poses undue risk to public health and safety. Where needed to ensure adequate protection of public health and safety, the NRC may demand immediate licensee action, including shutdown.
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2-Furthermore, the NRC must continuously assess the efficacy of its requirements in light of operating experience and the results of risk-informed safety assessments.
Where requirements exist that have no safety benefit, the NRC can and should take action to modify 'or remove such requirements from the regulations.
Since some requirements are more important to safety than others, the Commission continues to support the use of risk-informed approaches when considering changes to NRC regulations, as well as when applying NRC resources to oversight of licensed activities.
Sincerely, w
John A. Zwolinski, Deputy Director Division of Reactor Projects Office Of Nuclear Reactor Regulation
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Mr. Henry R. Myers Post Office 80x 88 Peaks Island, ME 04108
Dear Mr. Myers:
Your letter of April 18, 1997, to Chairman Jackson regar ng the Maine Yankee facility has been referred to me for reply. The Chai an has asked me to respond to the technical and procedural aspects of ur letter.
I will not be responding to your views regarding Commissioner az.
In your letter, you question whether docume s associated with resolution in 1978 of cable issues raised by Mr. Athert have been located. Mr. Atherton's concerns in connection with Maine Yanke cable separation issues are being reviewed by the staff again to ensure at they were addressed. We are not aware of any inability to locate the ocuments necessary for this review.
j You also stated your belief that ) e NRC staff is in error in holding to the position that it acted appropri tely when it allowed Maine Yankee to operate under the conditions imposed b the January 3. 1996 Order.
We have previously addressed this issue in severA letters to you and our position has not changed.
You went on to state that our res onses to your previous letters were "conclusory" and conta'ined inadequatel documented statements.
To the contrary, our responses bdve provided detai ed answers and supporting l
documents for your use.
Sincerely.
g, g /s o g or ' #Qtb4 John A. Zwolinski. Deputy Director paf J6<>"o h/m*@ivision of Reactor Projects - I/II gc ymmc.g m/je -rwa h dat>ald. Vffice of Nuclear Reactor Regulation "b%'id h m'*
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Mr. Henry R. Myers Post Office Box 88 l
Peaks Island, ME 04108 l
Dear Mr. Myers:
Your letter of April 18, 1997, to Chairman Jackson regar ng the Maine Yankee facility has been referred to me for reply.
The Chai an has asked me to respond to the technical and procedural aspects of ur letter.
I will not be responding to your views regarding Commissioner az.
In your letter, you question whether docume s associated with resolution in 1978 of cable issues raised by Mr. Athert have been located. Mr. Atherton's concerns in connection with Maine Yankee < cable separation issues are being reviewed by the staff again to ensure at they were addressed.
We are not aware of any inability to locate the ocuments necessary for this review.
You also stated your belief thatJ e NRC staff is in error in holding to the position that it acted appropriately when it allowed Maine Yankee to operate under the conditions imposed b the January 3, 1996 Order.
We have previously addressed this issue in sever 1 letters to you and our position has not changed.
You went on to sta e that our responses to your previousfletters were "conclusory" and conta'ined inadequately documented statements.
To the j
contrary, our responses ve provided detailed-answers and supporting documents for your use.
Sincerely, John A. Zwolinski, Deputy Director Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation Distribution:
See next page gg DOCUMENT NAME: G:\\G970294.MYK
- Sn previous coru:urrences T3 receive a copy of this document. Indicate in the box:
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Furthermore, the NRC must continuously assess the efficacy of its requirements in light of operating experience and the results of risk-informed safety assessments. Where requirements exist that have no safety benefit, the NRC can and should take action to modify or remove such requirements from the regulations. Since some requirements are more important to safety than others, the Commission continues to support the use of risk-informed approaches when considering changes to NRC regulations, as well as when applying NRC resources to oversight of licensed activities.
Sincerely, w
John A. Zwolinski, Deputy Director Division of Reactor Projects Office Of Nuclear Reactor Regulation
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7 kvvn EDO Principal Correspondence Control FROMs DUE: 05/08/97 EDO CONTROL: G970294 DOC DT: 04/18/97 FINAL REPLY:
H:nry R. Myers PO2k3 Island., Maine TOs Chairman Jackson s
FOR SIGNATURE OF :
- GRN CRC NO: 97-0373 Zwolinski
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DESCs ROUTING:
CONCERNS THE INABILITY TO FIND DOCUMENTS Callan DEMONSTRATING RESOLUTION OF CABLE ISSUES - MAINE Jordan YANKEE Thompson Norry Blaha Burns DATE: 04/23/97 Miller, RI Cyr, OGC ASSIGNED TO:
CONTACT:
HRR Oollins SPECIAL INSTRUCTIONS OR REMARKS:
PilT EDO AND CHAIRMAN ON FOR CONCURRENCE
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NRR RECEIVED:
APRIL 23, 1997 NRR ACTION:
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CORRESPONDENCE CONTROL TICKET
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I PAPER NUMBER:
CRC-97-0373 LOGGING DATE: Apr 23 97 j
ACTION OFFICE:
EDO i
l AUTHOR:
HENRY MYERS l
AFFILIATION:
MAINE ADDRESSEE:
CHAIRMAN JACKSON LETTER DATE:
Apr 18 97 FILE CODE:
SUBJECT:
CONCERNS THE INABILITY TO FIND DOCUMENTS DEMONSTRATING RESOLUTION OF CABLE ISSUES ACTION:
Direct Reply DISTRIBUTION:
SPECIAL HANDLING:
CONSTITUENT:
/
NOTES:
OCM NO. 8216.
SECY TO ACK.
DATE DUE:
May 8 97 SIGNATURE:
DATE SIGNED:
AFFILIATION:
a e
S
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EDO -- G970294
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