ML20141L035

Notation Vote Response Sheet,Approving W/Comments, SECY-97-036, Millstone Lessons Learned Rept,Part 2:Policy Issues

ML20141L035
Person / Time
Site:	Millstone
Issue date:	03/31/1997
From:	Dicus G NRC COMMISSION (OCM)
To:	Hoyle J NRC OFFICE OF THE SECRETARY (SECY)
Shared Package
ML20141L002	List: ML20141K999 ML20141L005 ML20141L014 ML20141L023 ML20141L035 ML20141L043 ML20141L046
References
SECY-97-036-C, SECY-97-36-C, NUDOCS 9706020255
Download: ML20141L035 (2)

Text

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g' 4 NOT ATION VOTE l -

RESPONSE SHEET l

l l

TO: John C. Hoyle Secretary of the Commission r

FROM: COMMISSIONER DICUS l

SUBJECT:

SECY-97-036, MILLSTONE LESSONS LEARNED REPORT, l PART 2: POLICY ISSUES Approved X with comments Disapproved Abstain i Not Participating Request Discussion COMMENTS:

Please see attached comments.

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. Release Vote / X /

Me A 3 # > #'85 7 DAh Withhold Vote / /

i Entered on "AS" Yes __ No __

9706020255 970520 PDR COMMS NRCC CORRESPONDENCE PDR ._

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Commissioner Dicus's Comments on S' dCY-97-030 Unfortunately, and for reasons that remain unclear to me, the agency failed to implement 10 CFR 50.71(e) as promulgated by the Commission. In my view, had this regulation been implemented as intended; the discussion, energy, and resources expended today to address Final Safety Analysis Report (FSAR) updating issues could have been precluded. Nevertheless, the onus is upon this Commission to address this failure and the host of issues that accompany this nonperformance.

I would greatly prefer to find some equitable means of only forward fitting the decisions on these issues; however, I have come to the conclusion that it is essential for the agency and its licensees to understand the license and design basis of a licensed facility. The agency, its licensees, and the public must be able to rely upon the FSAR as the fundamental safety document fror, which~ changes to the facility, it procedures, the conduct of tests and experiments which have not previously been evaluated, and new safety issues are measured. To this end, I support the implementation and enforcement of 10 CFR 50.71(e) as discussed in said regulation and accompanying Statement of Considerations. However, requiring licensees to comply immediately with the provisions of 10 CFR 50.71(e) may result in some unnecessary expenditures of resources for both licensees and the NRC. Additionally, attention could be diverted from activities more critical to safety for an overall detriment to safety. Therefore, I believe that the NRC should exercise enforcement discretion for a period of two FSAR update cycles to permit licensees to come into full compliance with 10 CFR 50.71(e).

After this period of enforcement discretion, the licensees should be subjected to the enforcement policy, up to and including escalated enforcement actions, for past failures to comply with 10 CFR 50.71(e).

l In conjunction the foregoing discussion, I support implementation of Actions 3,4,9,10, l

11,12,13, and 16. While the remaining proposed actions have merit, I believe consideration of these actions should be delayed until experience has been gained with

! the implementation of 10 CFR 50.71(e). Therefore, I do n01 support Actions 1,2,5,6, l 7,8,14,15,17, and 18, at this time.

l l After experience has been gained with the implementation of 10 CFR 50.71(e), the staff should provide a paper for Commission consideration that discusses license and design basis issues that remain after 10 CFR 50.71(e) has been implemented, as promulgated.

At that time, the staff should also provide recommendations to the Commission for a definition of current license basis for 10 CFR Part 50 and its benefit.

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