ML20155F104

Confirms 860313 Telcon Re 860203 Response to Violations Noted in Insp Repts 50-348/85-37 & 50-364/85-37.Violation Remains Based on Incorrect Interpretation of 10CFR50,App E. Listed Statement Will Be Deleted from Emergency Plan

ML20155F104
Person / Time
Site:	Farley
Issue date:	04/09/1986
From:	Grace J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:	Mcdonald R ALABAMA POWER CO.
References
NUDOCS 8604210308
Download: ML20155F104 (2)

See also: IR 05000348/1985037

Text

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APR 0 91986

Alabama Power Company-

ATTN: Mr.'R. P. Mcdonald

Senior Vice President

P. O. Box 2641

Birmingham, AL 35291

Gentlemen:

SUBJECT: REPORT NOS. 50-348/85-37 AND 50-364/85-37

We previously acknowledged your response of February 3,1986, to our Notice of

Violation issued on December 10, 1985, concerning activities conducted at your

Farley facility. We acknowledge your denial of the violation and have considered

tha information you provided in your response. As we discussed in a telephone

conversation between Mr. R. P. Mcdonald of Alabama Power Company and

Mr. R. Walker of the NPC on March 13, 1986, the violation remains in that your

denial is based on an incorrect interpretation that the literal wording of the

relevant regulation is "...there exists a physical capability of making a 15

minute . noti fication. . ." The word " physical" is not contained in the relevant

regulation (10 CFR 50, Appendix E, Section IV.D.3.) nor can it be inferred from

the contextual information contained in the Statement of Considerations published

in the original Notice of Proposed Rulemaking.

,

It is our understanding from the telephone conversation that you will delete from

your plan that such notifications will be made within 15 minutes "... consistent

with ... the need for offsite emergency actions...." As was discussed, our

regulations require procedures, training and equipment for offsite notifications

for emergencies within 15 minutes (or less) independent of a licensee's

determination of the need for offsite action.

Also, during this telephone conversation, you stated that the change to your

emergency plan showing notification of offsite authorities within 15 minutes

". . . consistent with operational priorities. . ." was not intended to imply that

your emergency planning does not provide adequate staff to both take appropriate

plant corrective action and make timely notifications to State and local

authorities. You committed that there would be adequate staff to effect both the

necessary operational response and the required notifications promptly.

If your understanding of the issues differs from that outlined above, you should

contact this office immediately. We will examine the implementation of your

corrective actions during future inspections.

8604210308 860409

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Alabama Power Company 2

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We appreciate your cooperation in this matter.

Sincerely,

ORIGINAL SIGNED BY

J. HELSOS GRA13

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J. Nelson Grace

Regional Administrator

! cc:lW.O.Whitt, Executive

! Vice President

'

dJ.D.Woodard,GeneralManager-

Nuclear Plant

4W. G. Hairston, III, General

Manager - Nuclear Support

dJ.W.McGowan, Manager-

Safety Audit and Engineering

Review

'dJ.K.Osterholtz, Supervisor-

Safety Audit and Engineering

Review

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bec: NRC Resident Inspector

l vE. Reeves, Project Manager, NRR

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Document Control Desk

State of Alabama

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