ML20210E185
| ML20210E185 | |
| Person / Time | |
|---|---|
| Issue date: | 05/05/1992 |
| From: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Ortciger T ILLINOIS, STATE OF |
| References | |
| NUDOCS 9206180393 | |
| Download: ML20210E185 (3) | |
Text
_
( Cy Ap(
fv" t
Y' UNITED STATES I
0 8
NUCLEAR REGULATORY COMMISSION I
WAlsHINGTON D.C. 20[46 May 5, 1992 y,
Mr. Thomas Ortciger, Director Illinois Department of Nuclear Safety 1035 Outer Park Drive Springfield, IL 62704
Dear Mr. Ortciger:
On May 15, 1990, the NRC and the Illinois Department of Nuclear Safety (IDNS) entered into a subagreement which allows !DNS to participate with NRC in team inspections of ASME Boiler and Pressure Vessel Code Sections 111 and XI components at nuclear power plants in Illinois. As a result of the implementrtion of this subagreement and IDNS proposing draft regulations to implement its state boiler and pressure vessel authority at nuclear power plants, a number of issues have been raised that are significant relative to NRC and state jurisdiction over Boiler and Pressure Vessel Code systems at nuclear power plants.
Subsequent to adoption of the ASME Code Subagreement, IDNS drafted a set of regulations (June of 1990) to implement its authority under state law regarding ASME Code enforcement at nuclear power plants.
IDNS requested NRC comments on the draft regulations.
In addition, IDNS has drafted procedures related to implementation of its ASME Boiler and Pressure Vessel Code responsibilities. The Region 111 staff has been working with your staff to resolve issues resulting from our review of these documents. While specific comments on various aspects of the draf t IDNS regulations have been discussed, it may be helpful to provide you with NRC's overall view on the issue of the relative roles of NRC and states in the enforcement of ASME Boiler and Pressure Vessel Code requirements at nuclear power plants.
in reviewing the history and background on implementation of Code requirements at nuclear power plants, reviewing the draft IDNS regulations, and analyzing the general issues that are raised the following principles frame our position on state regulations relad to ASME Code compliance at nuclear power plants:
1.
To ensure adequate protection of the radiological public health and safety "aC is exclusively responsible for the regulation of all nuclear power.
..t systems and equipment referenced or described in NRC regulations, the Final Safety Analysis Report and other licensing documents, except as provided below. This includes inspection and the establishment and enforcement of design, construction, maintenance, operation and inspection standards associated with such systems and equipment.
2.
State involvement in inspection of safety related systems and equipment or ASME Boiler and Pressure Vessel Code Section 111 or XI components may occur only under the auspices of the NRC inspection program.
The mechanism for accomplishing this is a formal memorandum of understanding with the NRC. This does not preclude the involvement of Authorized Nuclear inspectors and Authorized Inspection Agencies as established by the ASME Code and recognized by the NRC.
N 92061803939h055 9/
ee 7
Mr. Thomas Ortciger May 5,1992 3.
With respect to non-safety related boilers, pressure vessels and components which are not covered by ASME Boiler and Pressure Vessel Code Section 111 or XI, states may apply traditional ASME technical and inspection standard:, and conduct inspections, that are substantially equivalent to the standards and inspections that are applied by the state to boilers, pressure vessels and components at conventional facilities. These requirements might be considered justified in view of the states' interest in personnel protection (steam explosions, etc.).
In case of conflict with NRC activities or requirements applicable to non-safety related equipment, the NRC requirements shall govern.
State involvement shall not impose an undue burden on NRC or the licensee which may impa i on radiological health and safety.
4.
Traditional state administrative and process-related functions relating to boiler and pressure vessel safety, such as registering vessels, issuing inspection certificates and certifying operators, are not affected by these principles, except where independent enforcement by the state impacts plant operation or on operation of plant equipment.
5.
Should a state identify a situation posing an immediate threat to personnel, it is expected that the situation will be brought to the immediate attention of the facility licensee for appropriate action, The state must obtain NRC concurrence prior to recommending actions to the licensee affecting operation of the plant or plant equipment.
State regulations that are consistent with these principles are likely to be acceptable to the NRC.
This applies not just to Illinois, but to all states involved in boiler and pressure vessel regulation.
We hope that this letter clarifies NRC's position on boiler and pressure vessel code jurisdiction at nuclear power plants.
If you have any questions, Mr. Hubert Miller, Director, Division of Reactor Safety or Mr. Roland tickus, Chief, State and Government Affairs at our Region Ill office will continue to work with you and your staff in this regard.
086tchestyi Bn James M. Taylor James M. Taylor Executive Director for Operations documenl_.0ame: 11NSI tr, s ajg y
EDN, 7 OED0fK DEDR Rll!
GEG/a JHSniezek JMTaylor HMiller 05/tf',92 05/ /92 05/6/92
.d
N 1
DISTA!BUTION:
EDO rf (SECY 92-115)
DEDR rf JTaylor JSniezek JBlaha ABDavis lim 111er, Rlli GGrant RLickus, Rill TMurley JPartlow JZwolinski BBoger TMartin, RI SEbneter, Ril RMartin, RIV JMartin, hv MMalsch, OGC JScinto, 0GC RBosnak, RES SSchwartz, GPA PDR e
O I - -
__.____--_.__J