ML20154P825

Discusses Staff Concerns Re Manner of Util Interaction W/Nrc in Resolution of Licensing Issues.Nrc Ready to Discuss Potential Exemptions to 10CFR50.48 When Engineering Work Completed

ML20154P825
Person / Time
Site:	Oyster Creek
Issue date:	03/17/1986
From:	Zwolinski J Office of Nuclear Reactor Regulation
To:	Phyllis Clark GENERAL PUBLIC UTILITIES CORP.
References
NUDOCS 8603200423
Download: ML20154P825 (4)

Text

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% ,, # March 17, 1986 Docket No. 50-219 Mr. P. R. Clark President GPU Nuclear Corporation 100 Interpace Parkway Parsippany, New Jersey 07054-1149 Daar Mr. Clark:

SURJECT: GPU NUCLEAR (GPUN) POTENTIAL 10 CFR 50.48 SCHEDULAR EXEMPTIONS Re: Oyster Creek Nuclear Generatina Station This letter presents recent staff concerns regarding the manner in which your staff interacts with the NRC staff in resolvina licensing issues for Dyster Creek. In a meeting of February 11, 1986, with the NRC Pro.iect Manager for Oyster Creek, regarding your special circumstances related to your April 3, 1985, request for exemptions to 10 CFR 50.48 and Appendix R, there was a discussion of other potential exemptions to Apoendix R and 50.48 which had not yet been finalized and submitted formally to the NRC staff. This included potential exenotions to 50.48 to extend the date for Oyster Creek to comply with Annendix R requirements bevond the restart from the Cycle 11 Refueling (Cycle 11R) outage. The staff has already aranted a schedular exemption to the restart from the 11R outaae on August 20, 1984 In the February 11, 1986, meeting, your staff presented that the engineering work needed to be completed to properly document fire orotection problems would not be completed until the end of March. Also, we were informed that the reasons why the fire protection work could not be completed before restart from the Cycle 11R outage could not be documented until the end of March. These problems concerned modifications requested by the staff as part of its review of the exemptions to Appendix R reouested by GPUN by letter dated April 3,1985. These modifications were agreed to in phone calls to the staff in August 1985 and documented in the GPUN letter dated October 9, 1985.

We informed your staff that completing the modifications at nuclear plants to comply with Appendix R within established regulatory schedules was very important to the Commission. The completion of all the Appendix R modifications for Oyster Creek in the Cycle 11R outage was an important point made in the GPUN letter of July 26, 1985, to the staff requesting deferments. Any possible schedular exemption for Oyster Creek could only be made after the staff's fullest understanding of why the work could not be done in the Cycle 11R outage.

Althouah we arranged to use the April 22 and 23,1986, meetings when I will be visiting the site and GPUN Headquarters to discuss this problem further after the engineering work has been completed and your staff would be ready to present your engineering problems in detail, your staff has three times further requested meetings with the NRC staff to discuss this problem for Oyster Creek.

8603200423 860317 PDR ADOCK 05000219 F PDR

Mr. P. R. Clark March 17, 1986 I believe the record shows that my staff has been more than responsive to Oyster Creek needs and requests before the NRR staff; however, the manner in which your Licensing Department managed the fire protection issue raises concerns regarding credibility between staffs. Before your staff has completed its engineering and before requestina exemptions formally, it appears that your licensing department is attempting to involve my staff in order to gain assurance that agreement could be reached prior to submittal of a formal exemption request. This is not how the staff conducts its business.

On the surface, it appears that there is an inherent conflict of interest in havina your licensing function in the same oraanization which is responsible for the engineering and technical review work. We believe that this episode, as presented above, on potential exemptions to 10 CFR 50.48 and how your staff is attemotina to use the NRR staff indicates that there might be an actual conflict of interest. This matter will be discussed in the SALP report for Oyster Creek for this SALP rating period. In addition, I plan to conduct a mid-term SALP review with the GPUN Director of Licensing and Regulatory Affairs. This will be arranged during my April 22 and 23, 1986, trip after Ovster Creek is in the Cycle 11R outaae.

The staff will be ready to discuss the potential exemotions to 10 CFR 50.48 once we know the engineering work is completed. Meetings such as the lona range planning meeting conducted at NRC headquarters on February 12, 1986, where your staff was not prepared to discuss relevant details of the subject of the meeting serves no purpose. I feel your staff should he prepared to fully explain why this Appendix R modification work can not be done in the Cycle 11R outage.

At present the staff has several letters for deferments and cancellations of work that have been committed to be done in the Cycle 11R outage. We have been working with your Licensing Manager to resolve these issues. We have arranged to have meetings to resolve these issues exceditiously and avoid lengthy letter interchanges between us.

It also appears that your staff is not beina fully supportive of our efforts to cancel or defer a number of regulatory issues. Specifically, the NRR staff has still not received additional information required on the SPDS and isolation condenser makeup pumo deferments listed in the GPUN letter dated July 26, 1986. Also, this seems to be a rush to judaement before the engineering work is completed and is not indicative of acod long range plannino.

Sincerely, 011GI RL 810 M M John A. Zwolinski, Director RWR Project Dittctorate #1 Division of BWR Licensing cc: See next page DISTRIBUTION Docket File BGrimes OELD PD#1 Reading CJamerson NRC PDR JPartlow EJordan RBernero JZwolinski

( Local PDR JDonohew OC file

! *SEE PREVIOUS PAGE FOR CONCURRENCE DBL:PD#1 DBL:PD#1 DRL:DIR JDonohew:jg JZwolinski RBernero 03/13/86 03/13/86 03/17/86

Mr. P. R. Clark I believe the record shows that my staff has been more than responsive to Oyster Creek needs and requests before the NRR staff; however, the manner in which your Licensing Department manaaed the fire protection issue raises concerns regarding credibility between staffs. Before your staff has completed its engineering and before requesting exemptions formally, it appears that your licensing department is attempting to involve my staff in order to gain assurance that agreement could be reached prior to submittal of a formal exemption request. This is not how the staff conducts its business. ,

On the surface, it appears that there is an inherent conflict of interest in having the your licensing function in the same organization which is responsible for the engineering and technical review work. We believe that this episode, as presented above, on potential exemptions to 10 CFR 50.48 and how your staff is attempting to use the NRR staff indicates that there might be an actual conflict of interest. This matter will be discussed in the SALP report for Oyster Creek for this SALP ratina period. In addition, I plan to conduct a mid-term SALP review with the,GPUN Director of Licensing and Regulatory Affairs. This will be arranged during my April 22 and 23, 1986, trip after Oyster Creek is in the Cycle 11R outage.

The staff will be ready to discuss the potential exemptions to 10 CFR 50.48 once we know the engineerina work is completed. Meetings such as the long range planning meeting conducted at NRC headquarters on February 12, 1986, where your staff was not prepared to discuss relevant details of the sub.iect of the meeting serves no purpose. I feel'your staff should be prepared to fully explain why this Appendix R modification work can not be done in the Cycle 11R outage.

At present the staff has several letters for deferments and cancellations of work that have been committed tofbe done in the Cycle 11R outage. We have been working with your Licensing Manager to resolve these issues. We have arranged to have meetings to/ resolve these issues expeditiously and avoid lengthy letter interchanges between us.

It also appears that your staff is not being fully supportive of our efforts to cancel or defer a number of regulatory issues. Specifically, the NRR staff has still not received, additional information required on the SPDS and isolation condenser makeup pbmp deferments listed in the GPUN letter dated July 26, 1986. Also, this,seems to be a rush to judgement before the engineering work is completed and is not indicative of good long range planning.

/

Sincerely, Wizal signed bre

/ John A. Zwolinski, Director

/ BWR Project Directorate #1 j

Division of BWR Licensing cc: See next page DISTRIBUTION Docket File BGrimes OELD PD#1 Readino CJamerson NRC PDR JPartlow EJordan RRernero JZwolinski Local PDR JDonohew OC file DR #1 #1 DBL:PDF DBL:DIR[

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Dyster Creek Nuclear Generating Station cc:

Ernest L. Blake, Jr. Resident Inspector Shaw, Pittman, Potts and Trowbridge c/o U.S. NRC 1800 M Street, N.W. Post Office Box 445 Washington, D.C. 20036 Forked River, New Jersey 08731 J.B. Liberman, Esquire Commissioner Bishop, Liberman, Cook, et al. New Jersey Department of Energy 1155 Avenue of the Americas 101 Commerce Street New York, New York 10036 Newark, New Jersey 07102 Eugene Fisher, Assistant Director Regional Administrator, Reaion I Division of Environmental Ouality U.S. Nuclear Regulatory Commission Department of Environmental 631 Park Avenue Protection King of Prussia, Pennsylvania 19406 380 Scotch Road Trenton, New Jersey 08628 BWR Licensing Manager P. R. Fiedler GPU Nuclear Vice President & Director 100 Interpace Parkway Oyster Creek Nuclear Generating Parsippany, New Jersey 07054 Station Post Office Box 388 Deputy Attorney General Forked River, New Jersey 08731 State of New Jersey Department of Law and Public Safety 36 West State Street - CN 112 Trenton, New Jersey 08625 i Mayor Lacey Township 818 West Lacey Road Forked River, New Jersey 08731 D. G. Holland Licensing Manager Oyster Creek Nuclear Generating Station Post Office Box 388 Forked River, New Jersey 08731

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