ML20206Q646
| ML20206Q646 | |
| Person / Time | |
|---|---|
| Issue date: | 12/17/1998 |
| From: | Chandler L NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Federline M NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| Shared Package | |
| ML20206Q280 | List: |
| References | |
| NUDOCS 9905190186 | |
| Download: ML20206Q646 (1) | |
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0 t-M ac UNITED STATES oq'o, NUCLEAR REGULATORY CUMMISSION
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WASHINGTON, D.C. 20555-0001 g
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December 17, 1998 OFFICE oF THE
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GENERAL COUNSEL MEMORANDUM TO:
Margaret Federlein,' Deputy Director Office of Nuclear Regulatory Research
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FROM:
Lawrence J. Chandler Associate GeneralCoun el for Hearings, Enforcerr ont and Administration
SUBJECT:
DIFFERING PROFESSIONAL OPINION REGARDING USE OF TRIP SETPOINTS AND ALLOWABLE VALUES FOR INSTRUMENTATION You recently asked that I provide for the benefit of the DPO Panel, OGC's position on the acceptability of using allowable values and trip setpoints (TSP) to satisfy the requirement of 10 C.F.R. @ 50.36(c)(1)(ii)(A) regarding limiting safety system settings. In particular, you asked whether the position set forth in a note from Geary Mizuno, OGC, to file, dated March 16,1998,
. j continues to reflect OGC's views.
We have consistently advised the staff and the DPV/DPO panels which h' ave sought our views, that the provisions of 10 C.F.R. 9 50.36(c)(1)(ii)(A) clearly could be satisfied by use of the trip setpoint. This is explicitly stated in Geary Mizuno's note.We have also advised, however, that while the use of TSP is one clear way of fulfilling this requirement, it may be possible to conclude, from a technical standpoint, that other approaches, such as allowable values could
'also be used. This view is based on our understanding of discussions regarding the use of the respective approaches that the staff provided during several meetings held with respect to resolution of the DPV/DPO thatpe attended. Whether the use of allowable value will, in fact, achieve the objective underlying the rule, discussed in Mr. Mizuno's note at page 8, in any given situation is a technicaljudgment, cc: J. Moore G. Mizuno NOTE: ATTkNEY-CLIENTINF ION LIMITED TO THE NRC UNLESS TN OMMISSION DETE INES OTHERWISE 9905190186 990513 PDR ORG NE TOP PDR 7)og/94frk
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