ML20205R428

Comment Opposing Petition for Rulemaking PRM-50-50 Re C Young Request That Commission Amend Regulations Authorizing Senior Operator in Nuclear Power Plant to Deviate from Tech Specs in Emergency

ML20205R428
Person / Time
Site:	Calvert Cliffs
Issue date:	10/25/1988
From:	Tiernan J BALTIMORE GAS & ELECTRIC CO.
To:	NRC OFFICE OF THE SECRETARY (SECY)
References
FRN-53FR32624, RULE-PRM-50-50 53FR32624-00007, 53FR32624-7, NUDOCS 8811100027
Download: ML20205R428 (4)

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GAS AND (E b M S& W)g p r ;y.

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% u taa (e.to.sv October 25, 1988 U. S. Nuclear Regulatory Commission Washington, DC 20555 ATTENTION: Docketing and Service Branch SUDECT: Calvert Cliffa i.'uclear Power Plant Unit Nos. ! & 2; Docker Nos. 50-317 & 50-318 Comments on P_ejjtion for Rulemskine by Chsries Youne (PR$1-50-50)

Gentlemen:

The following comments are submitted by the Baltimore Gas and Electric Company in response to Federal Register Notice 53 FR 3:6:4, dated August 26, 1988. This natice provided a petition for rulemaking by hir. Charles Young requesting that the Comrr.;1sion amend its regulations (10 CFR Part 50.54) authoririn a senior operator ir, a nuclear pow er plant to deviate from Technical Specifications in an emergency. We appr.ciate the opportunity to provide these comrreents.

We hase reviewed the subject petition, and have compartd it to the present regulations re g ard.r. Technical Specification compliance, hir. Young's petition, to rescind a licensee's right to deviate from the Technical Specifications during emergency conditions has no technical buis, in his petition, ht r. Young claims that three official reports on th( Three Stilt Island t.ccident confir/ damage to the reactor could hage been asoided if the operators . tad follow ed the requirements of the plant's operating lice.ase and Technical Specifications. The intent of 10 CFR 50.5 4(x) is to allow crerators to deviate urder emergency conditions thht may not be cose'ed by esisting procedures. To com.me situations where operators fail to follow procedt.res with situations where procedares do not exist is the major problean w9.h htr. Young's <

petition and is the reas(n we feel it shouht be denied. Our specif'c commente or. the petition are nevMed c: n *"achment.

8811100027 001025 PDR PRM ppg 50-50 bSt a

t Docketing and Service Branch October 25, 1988 Page 2 Should you have any questions regarding these comments, ~we would be pleased to discuss them with you.

Very truly yours, f-Ektn JAT/MDM/dtm Attachment ec: D. A. Brune, Esquire J. E. Silberg, Esquire R. A.Capra, NRC S. A.McNeil, NRC W. T. Russell, NRC D. C. Trimble/V. L. Pritchett, NRC T. Magette, DNR a g

ATTACHMEfg Comments on Petition for Rulemaking Mr. Charles Young; Deviation from Technical Specifications in an Emergency The subject petition for rulemaking requests that 10 CFR 50.54 be amended to:

1. Rescind the current wording in paragraphs (x) and (y) of 10 CFR 50.54. The regulation authorizes a senior operator in a nuclear power plant to deviate from Technica' Specifications in an emergency.

2. Amend sections (x) and (y) to state that Technical Specifications should be approved by the NRC, followed by the licensee, and used in accordance with policy set forth by the Chief Executive Officer of each utility.

In support of the proposed amendments, the petitioner has submitted the following grounds for petition:

1. The petitioner asserts the licensee at the Dresden and Quad Cities Nuclear Power Plants, Commonwealth Edison Company of Chicago, has violated regulations that could have led to an accident similar to the one at Three Mile Island.

2. Three official investigations of the Three Mile Island accident each confirmed that core damage could have been prevented if plant operators had followed the requirements of the plant's operating license and Technical Specifications.

The Technical Specifications for Nuclear Power Plants are written to address a wide range of normal operating conditions and requirements. Most of the Technical Specifications are designed to keep the plant parameters within safe bounds and ensure adequate safety equipment is available for all conditions. To maintain the plant in a safe condition, detailed operating procedures revolving around the Technical Specifications have been implemented.

In stating his case, the petitioner uses examples of previous accidents that had occurred and that had detailed procedures in place to address them, flowever, circumstanets can occur during the course of emergencies that may call for responses different from any considered during the course of licensing. Yne accident may take a course different from that visualized when the emergency procedure was written.

Although the three reports stated by the petition fault the operator's actions at Three Mile Island, a fourth report, NUREG-0616, "Report of Special Review Group, Office of Insr>ection and Er forcement . cn lesen Learned from Tnree Mila . lsland," states, "Wheti a plant becomes involved in serious accideg . situations likc6Th the apbR: ability, of ,,

Technial Specificatioa requirements may become esseritisily undefined because the context in which they were established may r.o longer esist.' To require the Licensee to blindly follow procedures regardless of changing unditions or unanalyzed scer.arios

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ATTACHMENT Comments ou Petition for Rulemaking Mr. Charles Young; Deviation from Technical Specifications in an Emergency could seriously jeopardize plant equipment, plant personnel, and the health and safety I of the public.

With respect to the proposed amend.nents, the existing requirements in paragraphs (x) and (y) demand Ltdg1 adherence to regulations or Technical Specifications unless it can be determined the accident will worsen by following the regulations or Technical Specifications. Adequate oversight is provided by requiring prior licensed senior operator approval before deviating from the Technical Specifications; additionally, the licensee is required to report such deviations within one hour to the NRC per 10 CFR 50.72(b)(i)(B). To accept Mr. Young's petition and amend paragraphs (x) and (y) of 10 CFR 50.54 would remove a vital tool which may be necessary to protect the public health and safety.

In conclusion, we agree the NRC should continue to enforce the regulations established by a nuclear power plant's safety analyses and Technical Specifications. Under normal transient and accident conditions, analyzed as part of the licensing process, adherence to the Technical Specifications is appropriate. However, we believe conditions may arise that warrant a valid deviation from procedures and Technical Specifications and that the guidelines for such deviation are adequately covered under the existing Code of Federal Regulations. Therefore, we are opposed to this petition for rulemaking.

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