ML20197D365

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Notation Vote Approving W/Comments SECY-97-173 Re Potential Rev to 10CFR50.65(a)(3) of Maint Rule to Require Licensees to Perform Safety Assessments
ML20197D365
Person / Time
Issue date: 09/26/1997
From: Diaz N
NRC COMMISSION (OCM)
To: Hoyle J
NRC OFFICE OF THE SECRETARY (SECY)
Shared Package
ML20197D326 List:
References
SECY-97-173-C, NUDOCS 9712290037
Download: ML20197D365 (2)


Text

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NOT ATION VOTE l

i RE._SPONSE SHEET E

TO:

John C. Hoyle, Secretary FROM:

COMMISSIONER DIAZ

SUBJECT:

SECY-97-173 - POTENTIAL REVISION TO 10 CFR 50.65(a)(3) OF THE MAINTENANCE RULE TO REQUIRE LICENSEES TO PERFORM SAFETY ASSESSMENTS b Disapproved Abstain Approved X

i Not Participatin]g Request Discussion CO'MMENTS:

SEE ATTACilED COMMENTS.a

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SIGNATURE Q

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ReleaseVote / v /

DATE

i WithholdVote /

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O q.e Entered on"AS" Yes No u

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CDmml1810MLQl4Z'A_C.0mmt013_on SECY 97173 - Potential Revision to 10 CEB ft0&litX1LRLtha.Malatenanen RuleJglinguire Licenstas to Perform Safety AttfAlmin14 I approve the staffs plan to develop a rulemaking proposal to revite 10 CFR 50.65(a)(3) on the basis of a regulatory and backfit analysis, subject to the following:

1.

The staff should not expend effort 'o evaluate Attemat!ves 1 (No Change to Paragraph (a)(3)) and 3 (Comprehensive Revision to Paragraph (a)(3)). SECY 97-173 summarizes advantages and disadvantages of each attemative, and, for both of these attematives, the disadvantages clearly outweigh the advantages.

2.

In developing the rulemaking proposal for Alternative 2, the staff should also consider the option of modifying 10 CFR 50.65(a)(3) to read,"...an assessment of the total plant equipment that is out of service shall be taken into account to determine the overall effect on performance of safety functions commensurate with their sofoty significance,'

(Italics added) in addition to strengthening the Ntaintenanvo. Rule, the level of protection that will be afforded by this rulemaklsif willidd enforceable configuration control caring shutdown operations, ?

thereby eliniinating the need for further staff or Commission actan on the proposed rule on shutdown operation in SECY-97-168.

Although I am voting on this issue now in order to expedite the ousiness before the Commission, I want to emphasize that this action is part of a larger set of initiatives, including, but not limited to, changes to 10 CFR Part 50.59 and the integrated review of the NRC assessment process for operating commercial reactors. The staff should maintain consistency among these efforts and keep the Commission informed of its progress.

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