ML20149D725

Documents Current NRC Position on Changes to Compliance Plans

ML20149D725
Person / Time
Site:	Portsmouth Gaseous Diffusion Plant, 07007001
Issue date:	07/15/1997
From:	Pierson R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Woolley R UNITED STATES ENRICHMENT CORP. (USEC)
References
NUDOCS 9707170226
Download: ML20149D725 (4)

Text

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1. E NUCLEAR REGULATORY COMMISSION If WASHINGTON, D.C. 20655-0001 k.....,/ July 15, 1997 Mr. Robert L Woolley, Manager Nuclear Regulatory Assurance and Policy U. S. Enrichment Corporation 2 Democracy Center 6903 Rockledge Drive Bethesda, MD 20817

SUBJECT:

REQUIREMENTS FOR CHANGES TO THE COMPLIANCE PLANS

Dear Mr. Woolley:

By letter dated, December 11,1996, you documented your understanding regarding trie need for Nuclear Regulatory Commission (NRC) approval of changes to the Plans for Achieving Compliance with NRC Regulations at the Paducah and Portsmouth Gaseous Diffusion Plants (Compliance Plans). Your understanding was based on conversations between members of our staffs. Since that date, additional questions have been raised regarding allowed changes to the Compliance Plans. This letter serves to formally document the current NRC position on changes to the Compliance Plans.

The Energy Policy Act of 1992 requires that the NRC certify compliance or approve a plan prepared by the Department of Encrgy (DOE) for achieving compliance. The Certificate issued I by the NRC for the Gaseous Diffusion Plants requires a Compliance Plan as a Condition of the Certificate.10 CFR Part 76.35(b) requires that the Compliance Plan be prepared and approved by the Department of Energy for achieving ccmpliance with respect to any areas of noncompliance with the NRC's regulations that are identified by the Corporation as of the date of the application, and that this Plan includes a description of non-compliance, a plan of actions and schedules for achieving compliance, and a justification for continued operation with adequate safety and safeguards. ,

Although 10 CFR Part 76.68 does not explicitly address changes to the Compliance Plan, one l 0 of the provisions that must be met for making changes to the Safety Analysis Report is that the chan;r may not invol a change to any condition to the approved Compliance Plan. This implies that a change that affects the Compliance Plan but which ls not a condition can be made using the process outlined in 10 CFR 76.68. The Sections of the Compliance Plan /

entitled ' Description of Noncompliance," "Justi'ication for Continued Operation" and " Plan of f Action and Schedule" contain conditions which are precluded from change without prior NRC /

M approval. The " Description of Noncompliance' describes the condition of noncompliance with NRC regulations. The ' Justification for Continued Operation" contains the interim measures that will be in place during the period of noncompliance. The " Plan of Actions and Schedules

• lists the items that will be fixed to bring the plant into compliance with the regulations and contains the schedule for completion of the fixes. The types of changes described above would require NRC approval through an cmendment to the Certificate of Compliance. As this differs from the earlier understanding, any changes that have been made to the " Description of Noncompliance," should be promptly submitted to the NRC for review and approval through an amendment to th9 Certificate of Compliance.

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. Mr. Robert Woolley The remaining sections of the Compliance Plan, the " Requirements," and " Commitments,"

although not containing new independent commitments, do require NRC staff acknowledgment prior to initiating a change. The NRC staff is concerned that changes to these provisions without NRC staff acknowledgment could result in a change to the Compliance Plan implementation of which the staff is not aware. NRC acknowledgment of these types of

,' changes would be in the form of a letter response and not an amendment to the Certincate of 4 Compliance. As this differs from the earlier understanding, any changes that have been made to the " Requirements," or " Commitment," from the time of the last annual update to the certification app lication, should be promptly submitted to the NRC.

NRC staff approval and acknowledgment, as described above, should be obtained prior to initiating changes to any portion of the Compliance Plan.

' If you have questions, please contact me at (301) 415-7192.

Sincerely, Original Signed By Robert C. Fierson, Chief Special Projects Branch Division of Nuclear Material Safety and Safeguards, NMSS Dockets 70-7001, 70-7002 Certificate GDP-1, GDP-2 DISTRIBUTIQlf Dockets 70 7001,70-7002 NRC File Center PUBLIC KO'Brien, Rlli CCox, Rlli NMSS r/f FCSS r/f WSchwink, FCOBSPB r/f KWinsberg, OGC PHiland. Rlli WBrach, FCSS STreby OGC G:\CPCHGE4.RCP 6.1 *See Previous Concunence ),.M 10 '

d OFC fSPB kPB (SPB *OGC /SPB h)

NArE MHorn ij DHoadley YFaraz DMartin R rson DATE / /97 ~// ff /97 ~)I A/97 7/2/97 7/ 8 /97 "") / /97 C = COVER E = COVER & ENCLOSURE N = NO COPY OFFICIAL RECORD COPY i .

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r. Rober1 Woolley underst , ing, any changes that have been made to the " Description of Noncompliance," should be prompti- bmitted to the NRC for review and approval through an amendment to the Certificate of pliance.

The remaining sectio of the Compliance Plan, the " Requirements," and " Commitments," ~

although do not contain w independent commitments, they do require NRC staff acknowledgment prior to ini ing a change. The NRC staff is concemed that changes to these provisions without NRC staff ac owiedgment could result in a change to the Compliance Plan implementation of which the staff i ot aware. NRC acknowledgment of these types of changes would be in the form of a letter respon and not an amendment to the Certificate of Compliance.

As this differs from the earlier understan , any changes that have been made to the

" Requirements," or " Commitment," from the e of the last annual update to the certification application, should be promptly submitted to th RC.

NRC staff approval and acknowledgment, as describe bove, should be obtained prior to initiating changes to any portion of the Compliance Plan.

. If yeu have questions, please contact me at (301) 415-7192.

Sincerely, l

Robert C. Pierson, Chief  !

I Special Projects Branch Division of Nucleer Material Safety and Safeguards, NMSS Dockets 70 7001,70-7002 l Certificate GDP-1, GDP-2 l l

l I

l DISTRIBUTION:

Dockets 70-7001,70-7002 NRC File Center PUBLIC KO'Brien, Rlli CCox, Rill NMSS r/f FCSS r/f WSchwink, FCOBSPB r/f KWinsberg, OGC PHiland, Rlli WBrach, FCSS STreby, OGC G \CPCHGE4 RCP 61 *See Previous Concurrence OFC SPB EPB b SPB d *OGC SP_B a SPB NAME Horn'ij adley YFaraz rtin RPierson I DATE / /97 / ) /97 7 / 2./97 7/2/97 7 / 8 /97 / /97 C = COVER E = COVER & ENCLOSURE N = NO COPY OFFICIAL RECORD COPY

i

. $lr, Robert Woolley " Description of Noncompliance," this too would require NRC approval. The type of changes described above would require NRC approval through sn amendment to the rtificate of Compliance. As this differs from the earlier understanding, any changes t have been made to the " Description of Noncompliance," should be promptly submitted to th RC for review and approval through an amendment to the Certificate of Compliance.

The remaining sections of the Compliance Plan, the "Requirem s," and " Commitments,"

although do not contain new independent commitments, they o require NRC staff acknowledgment prior to initiating a change. The NRC sta s concemed that changes to these provisions without NRC staff acknowledgment could res in a change to the Compliance Plan implementation which the staff does not approve. NR acknowledgment of these types of changes would be in the form of a letter response a not an amendment to the Certificate of Compliance As this differs from the earlier unde tanding, any changes that have been made to the " Requirements," or " Commitment," from th ime of the last annual update to the certification application, should be promptly submitted to e NRC.

NRC staff approval and acknowledgm , as described above, should be obtained prior to initiating changes to any portion of t Compliance Plan.

If you have questions, please c tact me at (301) 415-7192.

Sincerely, )

Robert C. Pierson, Chief l Special Projects Branch l Division of Nuclear Material Safety  ;

and Safeguards, NMSS Dockets 7 001, 70-7002 Certifica GDP-1, GDP-2  !

l l

DISTRIBUTION:

Dockets 70-7001,70-7002 NRC File Center PUBLIC ,

KO'Brien, Rlli CCox, Rill NMSS r# j y FCSS r/f WSchwink, FCOBSPB r/f KWinsberg. OGC LJ , A PHdand, Rlli WBrach, FCSS STreby, OGC # l G \CPCHGE4 RCP 61 'N DM" .

CFC SPB SPB SPB OGC SPB SPB NAME MHorn ij DHoadley YFaraz  %'bdi'bsLMk// DMartin RPierson DATE / /97 / /97 / /97 7 ff /97 / /97 / /97 C = COVER E = COVER & ENCLOSURE N = NO COPY  :

O/FICIAL RECORD COPY I I

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