ML20204F690

Discusses Inaccuracies in Util 830121 Response to NRC Questions Re SNM Application.No Enforcement Action Planned. Complete Candor Between NRC & Licensee Emphasized

ML20204F690
Person / Time
Site:	Wolf Creek
Issue date:	04/28/1983
From:	Gagliardo J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To:	Koester G KANSAS GAS & ELECTRIC CO.
References
NUDOCS 8305020229
Download: ML20204F690 (2)

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G' APR 281983 Docket: STN 50-482 Kansas Gas and Electric Company ATTN: Glenn L. Koester Vice President - Nuclear P.O. Box 208 Wichita, Kansas 67201 Gentlemen:

This refers to our telephone conversation on April 13, 1983. The topics of this conversation were your letter of January 21, 1983, to the NRC and our need to be certain that your written statements to the NRC are accurate.

Your letter forwarded responses to questions from the NRC concerning your application for a special nuclear materials license. Some of the statements in your responses implied that certain fuel handling and control of combustibles procedures had been developed. Since these procedures were not approved until March 1983, we were concerned with the accuracy of your responses.

A decision on your special nuclear materials license has not yet been made, so the incorrect information in your letter did not influence NRC action on the license. Therefore, I plan no enforcement action on this matter. However, I wish to again emphasize that complete candor between the NRC and licensees and permit holders is fundamental to the regulatory process. The NRC expects and demands that licensee or permit holder statements to the Commission be totally accurate and complete.

Escalated enforcement actions have been taken by the NRC against licensees in cases involving inaccurate information being supplied to the NRC. The inaccurate statements in these cases were classified as material false state-ments. A statement is false if it is not accurate, and it is material if RPB2 ._ RPB2 DRRP& I' D/ES R JV WDJo son:Jc WCSeidle JEGag do EJohnson J )1 ins 4/>f/83 4/4/83 4/e s'/43' 4/15 /83 4/ 83 P t 8305020229 830428 DR ADOCK 05000402 PDR s

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< Kansas Gas & Electric Company knowledge of the true situation by the NRC would precipitate further actions by the NRC. It should be noted that a false statement made unintentionally or through error may still constitute a material false statement.

It is-important that good and accurate communications be maintained between you and the NRC. We would be pleased to discuss this matter with you or your staff if you have any questions.

Sincerely,

" Original Signed bys

'J. E. GAGLI ARDO'S a J. E. Gagliardo, Director Division of Resident, Reactor Project and Engineering Programs cc:

J. T. Collins, RIV R. C. DeYoung, IE P. C. Check, RIV ,

J. Axelrad, IE T. M. Novak, NRR -

R. E. Cunningham, NMSS * ' -'

bcc: .

W. D. Johnson W. C. Seidle RRI's ,

RIV File Kansas State Dept. Health l

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