ML20213F335
| ML20213F335 | |
| Person / Time | |
|---|---|
| Issue date: | 05/20/1985 |
| From: | Harold Denton Office of Nuclear Reactor Regulation |
| To: | Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML20213F337 | List: |
| References | |
| FOIA-87-289 NUDOCS 8506100158 | |
| Download: ML20213F335 (2) | |
Text
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UNITED STATES j
'jq NUCLEAR REGULATORY COMMISSION 2
WASHINGTON D. C. 20555 o
May 20, 1985
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MEMORANDUM FOR:
All NRR Employees FROM:
Harc1d R. Denton, Director 4D Office of Nuclear Reactor Regulation
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SUBJECT:
NRR OFFICE LETTER NO. 34, REVISION 1 -
1 UTILITY COMMITMENTS During the course of our review efforts, e.g.. construction permits, operating licenses, and license amendments, utilities may make oral or written commit-I ments identifying future actions. Such commitments may result in changes to station operating prxMures or other activities that affect operability of the 3
reactor. These comitments usually augment safety in that either a safety margin is increased or greater assurance is provided.
Commitments of these types are not binding on the utility; therefore, the reliance on commitment's I
of this type should be minimized. To the extent that such commitments are judged by,the technical review organization to be a necessary element to support are acceptable finding,, those commitments.must be formally documen:ed by the utility and should bc clearly spelled out in the SER.
An open SER item may not by changed to a confirmatory item until such formal documentation is received.. Additionally, ell such commitments must be reflected by the applicants in supplements to the PSAR ar "rSA2, as appropriate.
Si_nce an FSAR may be changed by a licensee without prior NRC approval in l
- accordance with 10 CFR 50.59, commitments reflected in an FSAR may.also be
- changed unless they are made explicit requirements of technical specifications or licen'se conditions. However,10 CFR 50.59 and the related administrative technical spucifications specify the procedures that must be followed in making changes te the FSAR.
Any change in the facility or its procedures described in the FSAR (such as not following or deleting a commitment reflected in the FSAR) m ee witheiut following the procedures of 10 CFR 50.59 and the related adtrinisitrative technical specifications would be inconsistent with the license ana/or Section 50.59.
If the commitment is of such importance in that no change should be made without prior staff review and approval, it should be reflected in the technical spec 1'fications or as conditions to the license.
Licensee commitments reccrded in this fa9hion provide the clearest basis for assuring that they will be followed, provided they are clearly written.
It is the responsibility of the various technical review groups to advise the Division of Licensing as to what actions and commitments should become license conditions or technical specifications.
Subsequently, the Division of Licensing, in the preparation of an operating licease and accompanying technical specifi-cations, is responsible for ensuring that all such licensee commitments are incorporated as discussed herein.
The Division of Licensing is also respon-I sible for incorporating important commitments af ter issuance of the OL.
The incorporation will be in either the technical specifications or in the licer.se a
proper as a license condition.
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All NRR Employees Similarly, the Division of Licensing is responsible for incorporating important commitments in construction permits.
Specific conditions are particularly im-portant for assuring the CP commitments are, in fact, requirements on CP holders.
In general, CP holders are authorized to construct "in accordance'with the prin-cipal architectural and engineering criteria and environmental protection commitments" set forth in the application and the hearing record.
Thus, unless there is an explicit condition in the CP, the subsequent questions way entail a dispute over whether the commitment constitutes a principal criterion.
The types of commitments which are particularly important to assure are clearly made re-quirements of the CP include those related to the applicant's organization for design and construction and those applicable to the applicant's QA program and QA organization for design and construction.
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Harold R. Denton, Direc* :
1 Office of Nuclear Rehetor Regulatio.n
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