ML20211P363

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Discusses Role & Responsibility of Westinghouse in 10CFR50.55(e) Reporting.Interpretation of 10CFR50.55(e) Requested
ML20211P363
Person / Time
Site: Beaver Valley
Issue date: 04/30/1986
From: Carey J
DUQUESNE LIGHT CO.
To: Plaine H
NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
2NRC-6-043, 2NRC-6-43, NUDOCS 8607230125
Download: ML20211P363 (2)


Text

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nn.noren. PA 15205 April 30, 1986 United States Nuclear Regulatory Commission Washington, DC 20555 ATTENTION: Mr. Herzel H. E. Plaine General Counsel Office of the General -Counsel

SUBJECT:

Beaver Valley Power Station - Unit No. 2 Docket No. 50-412 10CFR50.55(e) Reporting

REFERENCE:

(a) 2NRC-3-025, dated May 4, 1983, Mr. E. J. Woolever to Mr.

James Allen.

(b) NRC letter, dated May 26, 1983, Mr. James Allen to Mr. E. J.

Woolever.

Gentlemen:

Duquesne Light Company (DLC) and Westinghouse (W) have for some time been discussing the role and responsibility of W in 10CFR5'O.55(e) reporting.

It is the DLC position to follow 10CFR, which under 10CFR50.55(e)

, states that the holder of a construction permit shall notify the NRC I&E Office of each reportable deficiency. As the holder of the Beaver Valley Power l Station Unit No. 2 (BVPS-2) construction permit, DLC is directly bound by i 10CFR, and, as such, recognizes no one other than itself as the agent to exe-cute the function of reporting 10CRF50.55(e) findings for BVPS-2.

DLC has implemented formal procedures which establish the methods for evaluating and reporting significant deficiencies. In accordance with 10CFR50.55(e), the procedure requires that every item that is identified as a potential significant deficiency, either by DLC personnel, the NSSS vendor, the Architect Engineer, or any other organization, shall be processed and reported to the NRC as prescribed in the DLC procedure. Therefore, W has been instructed to report all future potential 10CFR50.55(e) items for TVPS-2 only to DLC along with sufficient information for DLC to permit analysis and evaluation of the deficiency and of the suggested corrective action.

W and DLC both recognize that, since its inception,10CFR21 provides the principle medium for an NSSS vendor to report substantial safety hazards to the NRC. In fact,10CFR21 requires that an NSSS vendor report to the NRC any item detennined by its own independent evaluation to meet the criteria defined in 10CFR21 f or a broad scope of items and activities, including construction-related findings. DLC does not, in any manner, intend or infer to reduce W's responsibility to carry out their required functions as defined by 10CRF21. - I e,g72ggSgg2 o f')*;

S

Mr. Herzel H. E. Plaine Reporting of 10CFR50.55(e) Findings Page 2 i

However, to remove uncertainties and confusion that- continues to occur with the Westinghouse reporting of 10CFR50.55(e) items, DLC has directed W to report all future potential significant deficiency findings for Beaver Valley Unit 2 only to DLC. OLC will, as a construction permit holder, comply with 10CFR50.55(e)(1). It is our understanding that this procedure is followed by other NSSS vendors.

W perceives that as a result of a commitment made in 1974, before 10CFR21 was implemented, W is required to continue reporting all safety con-cerns, including 10CFR50.53(e) items, directly to the NRC. In an attenpt to resolve this administrative issue, DLC requested an NRC position on this sub-ject in 1983 per Reference (a). Mr. James Al l en, Acting Region I Administrator, confimed in Reference (b) that DLC as the construction permit holder has the sole reporting obligation for 10CFR50.55(e) issues. W does not accept this NRC letter as credible evidence that W can relieve iEself from --

their 1974 commitment.

Therefore, DLC is hereby requesting an interpretation of 10CFR50.55(e) in accordance with 10CFR50.3. Please indicate what organization or organizations are specifically required to notify the Commission in accor-dance with 10CFR50.55(e). In addition, if Westinghouse, as an NSSS vendor, is Om not responsible, is there any reason which prevents W from notifying the NRC that W procedures are being revised to state that aTl information on future potential 10CFR50.55(e) issues will only be provided to construction permit t

holders from its 1974 for evaluation commitmentand possible to the reporting, Commission regarding thus10CFR50.55i allowing W(e)oissues.

be relieved DLC requests that Mr. E. P. Rahe, Jr. and W. R. A. Wiesemann from Westinghouse also be placed on distribution in your reply. Thank you for your input in this matter.

DUQUESNE LIGHT COMPANY By J."J. 06 rey V' Vice President Nuclear Group RWF/clk NR/RWF/CFR/RPTG hNAR cc: Mr. L. Prividy, NRC Resident Inspector Mr. P. Tam, NRC Project Manager ,

Mr. James G. Partlow, NRC, Director Division of Inspection

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