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MONTHYEARML20214A2111986-11-0505 November 1986 Responds to 860911 Inquiry Re 10CFR50.54(x) & (Y) Concerning Responsibility for Plant Response During Emergency.Response to Inquiry Not Formal Opinion Under 10CFR50.3 & Binds Staff Only,Not Commission Project stage: Other 1986-11-05
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Category:CORRESPONDENCE-LETTERS
MONTHYEARML20217G4111999-10-12012 October 1999 Informs of Changes to Big Rock Point Defueled Emergency Plan, That Meet Requirements of 10CFR50.54(q) & Can Be Made Without NRC Approval.Changes to Plan Are Listed ML20212L9051999-10-0404 October 1999 Forwards Environ Assessment & Finding of No Significant Impact Re 990511 Application for Amend,As Supplemented on 990603 & 0728.Proposed Amend Would Make Changes to TSs by Deleting Definition,Site Boundary & Use ML20217C5111999-09-30030 September 1999 Forwards Info Re Management & Funding of Irradiated Fuel Notification,Per 10CFR50.54(bb),in Response to NRC Telcon Rai.Revs to Original 990811 Submittal Are Indicated by Redline/Strikeout Method ML20217C2761999-09-30030 September 1999 Forwards Big Rock Point Plant Annual Rept of Facility Changes,Tests & Experiments,Iaw 10CFR50.59(b)(2).Rept Provides Summary of Changes to Facility Performed Since 981001.No Activities Classified as Tests or Experiments ML20212K7561999-09-30030 September 1999 Forwards Insp Rept 50-155/99-05 on 990731-0921,site Insp & 990929 Public Meeting.No Violations Noted ML20211G1011999-08-25025 August 1999 Confirms Discussions & Agreement to Have Mgt Meeting in Region III Office on 990929.Purpose of Meeting to Discuss Decommissioning Activities,Priorities,Challenges & Successes & to Preview Plans & Schedules for Next Year ML20210V0561999-08-17017 August 1999 Advises of Plan to Stop Using Ofc Complex at Plant,Which Consumers Energy Co Had Provided for NRC Resident Inspectors Under 10CFR50.70(b)(1) ML20211D5661999-08-17017 August 1999 Forwards semi-annual Fitness for Duty Program Performance Rept for 990101-990630,IAW 10CFR26.71(d).Attachments 1 & 2 Summarize Test Results at Palisades Plant,Big Rock Point Plant & Corporate Ofc ML20210S6961999-08-12012 August 1999 Forwards Insp Rept 50-155/99-04 on 990609-0730.No Violations Noted.No Safety Issues or Enforcement Items Were Identified During Insp ML20210S6291999-08-11011 August 1999 Forwards Notification to NRC for Review & Approval of Program Intending to Manage & Provide Funding for Mgt of All Irradiated Fuel at Big Rock Point Until Title of Fuel Is Transferred to Secretary of Energy for Disposal ML20210L0321999-08-0303 August 1999 Final Response to FOIA Request for Documents.Documents Listed in App a Being Released in Entirety & Documents Listed in App B Being Released in Part (Ref FOIA Exemption 6) ML20210H2701999-07-28028 July 1999 Informs That Big Rock Point Commits to Listed Actions with Regard to 990511 Amend Request to Delete Definition of Site Boundary & Remove Site Map,Based on Discussion with NRC on 990728 ML20209D6951999-07-0707 July 1999 Ack Receipt of Which Requested That NRC Reconsider Decision to Move NRC Resident Inspector from Big Rock Point Plant.Determined Decision to Be Correct One ML20210L0491999-06-30030 June 1999 Partially Deleted Request for FOIA Documents Re Source of High Alarms Generated by Radiation Effluent Detector or Detectors in Discharge Canal at Big Rock Point on 980314,15 & 25.Partially Deleted Info Encl ML20209D7011999-06-21021 June 1999 Requests That NRC Reconsider Decision to Move Resident Inspector from Big Rock Point NPP ML20196E1601999-06-21021 June 1999 Forwards Insp Rept 50-155/99-03 on 990416-0608.No Violations Noted.Overall,Reactor Decommissioning Activities Performed Satisfactorily ML20195D0371999-06-0303 June 1999 Forwards Revised Defueled Ts,Per 990511 Util Request.Page Format in Attachments 1 & 2 of Submittal Do Not Agree with Current Facility Defueled TS Format.Replacement of Encl Pages Requested ML20207F6631999-06-0303 June 1999 Forwards Rev 33 of Big Rock Point Plant Security Plan,Which Incorporates Exemption from Certain Requirements of 10CFR73 That Reflect Permanent Shutdown & Defueled Condition of Facility.Encl Withheld IAW 10CFR73.21(c) ML20207D1151999-05-27027 May 1999 Informs That Effective 990328,NRC Ofc of NRR Underwent Reorganization.Within Reorganization,Division of Licensing Project Management Created ML20206P4501999-05-11011 May 1999 Requests Transcript of 990413 Public Meeting in Rockville,Md Re Decommissioning of Big Rock ML20206P0921999-05-0707 May 1999 Responds to Discussing Impact That Delays to Wesflex Sys Approval Would Have on Big Rock Point Decommissioning Cost & Schedule ML20206H1011999-05-0404 May 1999 Forwards Safety Evaluation for Exemption from Certain Physical Protection Requirements.Enclosure Contains Safeguards Info & Being Withheld ML20206J2411999-04-30030 April 1999 Submits Corrected Copy of Ltr Forwarding 1998 Consumers Energy Co Annual Rept. Ltr Contains Corrected Docket & License Number for Big Rock Point.With One Oversize Encl ML20206E7821999-04-29029 April 1999 Forwards Annual Radioactive Environ Rept for 1998 for Big Rock Point Plant. Rept Includes Summaries,Interpretations & Statistical Evaluation of Results of Radiological Environ Monitoring Program ML20206E3721999-04-29029 April 1999 Informs That Based on Licensee Determinations That Changes in Rev 1 Do Not Decrease Effectiveness of Defueled EP & That Plan Continues to Meet Applicable Stds of 10CFR50.47(b) & Requirements of App E to Part 50,NRC Approval Not Required ML20206B7381999-04-26026 April 1999 Forwards Insp Rept 50-155/99-02 on 990226-0415.No Violations Noted.Activities in Areas of Facility Mgt & Control,Decommissioning Support,Spent Fuel Safety & Radiological Safety Were Examined 05000155/LER-1992-008, Advises That Util Terminated Corrective Actions Re LER 92-008 of Loss of Station Power 125 Volt Dc sys.SOP-28 Has Been Deleted in Entirety.Commitments No Longer Applicable1999-04-26026 April 1999 Advises That Util Terminated Corrective Actions Re LER 92-008 of Loss of Station Power 125 Volt Dc sys.SOP-28 Has Been Deleted in Entirety.Commitments No Longer Applicable ML20196K7881999-03-29029 March 1999 Forwards Rept on Certification of Financial Assurance for Decommissioning for Big Rock Plant,Per 10CFR50.75(f)(1).Copy of Trust Agreement Between Consumers Energy & State Bank & Trust Co,Included in Rept ML20205E3471999-03-29029 March 1999 Informs That USNRC Granted Encl Exemption from Certain Requirements of 10CFR73,to Allow Implementation of Safeguards Contingency Plan Reflecting Permanent Shutdown & Defueled Condition of Brpnp in Response to ML20204F4611999-03-19019 March 1999 Forwards Insp Rept 50-155/99-01 on 990113-0225.One Violation of NRC Requirements Occurred & Being Treated as non-cited Violation,Consistent with App C of Enforcement Policy ML20204E5861999-03-16016 March 1999 Submits Current Limits of Property Insurance Maintained at Consumers Energy Co Operating Nuclear Power Plants ML20203F8041999-02-11011 February 1999 Forwards Temporary Addendum to Security Plan Re Central Alarm Station,Per 10CFR50.54(p).Encl Withheld,Per 10CFR73.21(c) ML20203C8971999-02-0808 February 1999 Informs That NRR Contracted with PNNL to Evaluate Storage of Spent Fuel at Number of Decomissioning Nuclear Power Facilities.Forwards Request for Info Re Spent Fuel Storage at Big Rock NPP ML20202H4891999-01-26026 January 1999 Informs That Exemption Request from Various 10CFR73 Physical Protection Requirements, ,was Improperly Based on Requirements of 10CFR50.12.Request Was Resubmitted by Ltr ML20199H2431999-01-15015 January 1999 Forwards Insp Rept 50-155/98-09 on 981201-990112 & Nov.One Weakness Identified Re Event Involving Ungrappling Fuel Bundle Without Being Fully Seated in Rack & Without Independent Verification That Ungrappling Bundle Was Proper ML20199E1841999-01-13013 January 1999 Forwards Environ Assessment & Finding of No Significant Impact Re Proposed Exemption from Certain Physical Protection Requirements of 10CFR73.Assessment Forwarded for Fr Publication ML20199E0781999-01-13013 January 1999 Informs That Staff Has Received Request for Exemption from Various 10CFR73 Pyhsical Protection Requirements Dated 981112.Exemption Request Improperly Based on Requirements of 10CFR50.12 Instead of Applicable Requirements of 10CFR73.5 ML20199D9711999-01-13013 January 1999 Forwards Plant Defueled TS Administrative Replacement Pp.On 990104 Staff Informed NRC That Pp Numbering for Table of Contents Was Incorrect.Subj Pp Requested to Be Replaced with Encl ML20199E9051999-01-12012 January 1999 Submits Revised Request for Exemption from Certain Requirements of 10CFR73 Re Physical Protection of Plants & Matls ML20199E7671999-01-12012 January 1999 Informs That Licensee Has Elected to Comply with Listed 10CFR50.68(b) Requirements in Lieu of Maintaining Monitoring Sys Capable of Detecting Criticality as Described in 10CFR70.24 ML20199A4151999-01-0404 January 1999 Informs That Individuals Listed on Attachment 1 Will No Longer Maintain Operating License for Plant.Senior Licensed Operators & Licensed Operators No Longer Required at Facility ML20198K6551998-12-24024 December 1998 Forwards Amend 120 to License DPR-6 & Safety Evaluation. Amend Changes License DPR-6 & App A,Ts to Reflect Permanently Shutdown & Defueled Status of Plant ML20198J4001998-12-21021 December 1998 Requests That Words Decommissioning of in First Sentence of Paragraph a of Fol,License DPR-6 Be Removed from CPC 970919 Request ML20196H3171998-12-0303 December 1998 Forwards Insp Rept 50-155/98-08 on 980827-1130.No Violations Noted.Inspection Covered Activities in Areas of Radiological Safety ML20196G7541998-11-25025 November 1998 Requests Withdrawal of Listed Sections of 970919 Amend Request,As Supplemented by Ltrs ,0721 & 1014, Respectively.Util Proposed to Retain Certain Sections of Current Tech Specs (CTS) to Support Withdrawal Request ML20195G9851998-11-17017 November 1998 Forwards Rev 0 to Vol 9 of Defueled Emergency Plan & Rev 0 to Vol 9A of Defueled Epips ML20195H5321998-11-13013 November 1998 Provides Confirmation That Revs Required by NRC to Defueled Emergency Plan Prior to Implementation Have Been Completed by Licensee.Items Incorporated Into Plan,Listed ML20195F2271998-11-12012 November 1998 Forwards Request for Exemption from Certain Requirements of 10CFR73 Re Physical Protection of Plants & Matls.Request Withheld,Per 10CFR73.21 ML20154M5381998-10-14014 October 1998 Forwards Supplement to Plant Defueled TS & Bases, Incorporating Licensee Response to NRC 980416 RAI & Clarifying Listed Items ML20154M2211998-10-14014 October 1998 Forwards Insp Rept 50-155/98-07 on 980827-1007.No Violations Noted.Insp Consisted of Examination of Activities in Areas of Facility Mgt & Control,Decommissioning Support (Including Physical Security),Sf Safety & Radiological Safety 1999-09-30
[Table view] Category:NRC TO UTILITY
MONTHYEARML20058G8921990-11-0707 November 1990 Forwards Insp Repts 50-155/90-20 & 50-255/90-20 on 900925-28 & 1015-19.Violations Noted ML20058G2461990-11-0202 November 1990 Forwards Safety Insp Rept 50-155/90-17 on 900904-1015 & Notice of Violation ML20058F7331990-10-31031 October 1990 Forwards List of Unimplemented Gsis,Per Generic Ltr 90-04 ML20058E7141990-10-30030 October 1990 Forwards Exam Forms & Answer Keys,Grading Results & Individual Answer Sheets for Each Applicant ML20058A7671990-10-22022 October 1990 Advises That Review of 900816 Response to NRC Bulletin 90-001 Re Loss of Fill Oil in Rosemount Transmitter Ongoing ML20059N0081990-09-28028 September 1990 Forwards Insp Rept 50-155/90-10 on 900723-27 & 0806-10 & Notice of Violation ML20059M2101990-09-25025 September 1990 Forwards Info Re Generic Fundamentals Exam Section of Operator Licensing Written Exams to Be Administered on 901010,including Map of Area Where Exams Will Be Taken, Preliminary Instructions for Exam & Equation Sheet ML20059L4771990-09-18018 September 1990 Forwards Safety Insp Rept 50-155/90-13 on 900724-0903. Noncited Violation Noted ML20059J3091990-09-10010 September 1990 Forwards Exemption from 10CFR55.45(b)(2)(ii) Re Use of Simulation Facility,Per 900404 Request.Util Request to Delay Submittal of Description of Performance Tests & Results Until 910526 Granted ML20059F2531990-08-31031 August 1990 Forwards Safety Evaluation Supporting Util 891229 Request to Dispose of Dredged Discharge Canal Sediment from Facility ML20059C6111990-08-27027 August 1990 Forwards Safety Insp Rept 50-155/90-15 on 900814-16.No Violations Noted ML20059B7771990-08-22022 August 1990 Advises That Util Commitment to Install Two New Recorders That Provide Containment Temp Indication on Front Panel During 1990 Refueling Outage,Acceptable ML20056B5191990-08-17017 August 1990 Forwards Final SALP Rept 50-155/90-01 & Revised Pages to SALP Rept.Overall Performance Did Not Decline,Per 900716 Meeting.Nrc Overstated Concern W/Radiological Controls Functional Area in Initial Rept & Cover Ltr ML20059A7571990-08-16016 August 1990 Advises That Response to Bulletin 90-001, Transmitters Mfg by Rosemount, Complete,Per ML20059A1741990-08-16016 August 1990 Informs That NRC NDE Mobile Lab Will Conduct Independent NDE Exams at Plant on 900924-1005.Selected Sys for Exam Listed on Encl ML20059A1661990-08-16016 August 1990 Forwards Safety Insp Rept 50-155/90-14 on 900730-0803.No Violations Noted ML20059A3721990-08-14014 August 1990 Ack Receipt of Informing NRC of Change in Completion Date Re on-the-job Training Procedure,Per LER 90-002 ML20058N2211990-08-0707 August 1990 Forwards Safety Insp Rept 50-155/90-12 on 900612-0723.No Violations Noted ML20058M6141990-08-0707 August 1990 Forwards Sample Registration Ltr for 901010 Generic Fundamentals Section of Written Operator Licensing Exam. Registration Ltr Listing Names of Candidates Taking Exam Should Be Submitted to Region 30 Days Prior to Exam Date ML20056A4981990-08-0101 August 1990 Forwards Master Bwr/Pwr Generic Fundamentals Exam Section W/Answer Key.W/O Encls ML20055G7301990-07-20020 July 1990 Requests Util Provide Ref Matls Listed in Encl for Requalification Program Evaluation on 901018 & Wk of 901105 ML20055G2881990-07-16016 July 1990 Advises of fitness-for-duty Insp Scheduled for Wk of 900925- 28 at Plant.Written Policies & Procedures Will Be Reviewed as Part of Insp Process ML20055G5051990-07-11011 July 1990 Advises That 900511 Rev 95 to Chapters 2,5,6,7,8 & Apps D, M & P for Plant Emergency Plan Consistent w/10CFR50.54(q) & Acceptable.Position of on-call Technical Adviser Should Be Inserted in Table 1 of Chapter 5 ML20055F1661990-07-0606 July 1990 Forwards Initial SALP Rept 50-155/90-01 for Jan 1989 - Apr 1990,prior to 900716 Scheduled Meeting.Two Areas of Improvement & No Areas of Decline Identified Since Last SALP Rept ML20055D7011990-07-0202 July 1990 Confirms Plans Re 900716 Meeting W/Util in Charlevoix,Mi to Present Initial SALP 9 Rept for Plant ML20055D1791990-06-28028 June 1990 Forwards Safety Insp Rept 50-155/90-11 on 900501-0611.No Violations Noted ML20059M9181990-06-13013 June 1990 Forwards NRC Performance Indicators for First Quarter 1990. W/O Encl ML20248A5351989-09-19019 September 1989 Forwards Safety Insp Rept 50-155/89-15 on 890725-0905.No Violations Noted.Unresolved Items Noted Re Compliance W/ Requirements of 10CFR50,App J for Reduced Pressure Testing ML20247D3541989-09-0606 September 1989 Forwards Environ Assessment & Finding of No Significant Impact Re Tech Spec Change to Delete Section 6.4.2(d) on Calibr of Portable Neutron or Gamma dose-rate Measuring Instruments ML20246D2191989-08-16016 August 1989 Forwards Amend 100 to License DPR-6 & Safety Evaluation. Amend Revises Tech Specs by Providing for New Organizational Unit Entitled Nuclear Safety Svcs Dept to Discharge Offsite Safety Review Functions Instead of Nuclear Safety Board ML20245K0581989-08-14014 August 1989 Forwards Safety Insp Rept 50-155/89-14 on 890710-0801 & Notice of Violation ML20245G1981989-08-10010 August 1989 Forwards Environ Assessment & Finding of No Significant Impact Re 880922 Application & 890117 & 0412 Ltr Suppls, Requesting Changes to Tech Specs to Allow Independent Review & Audit Functions Be Accomplished by Independent Unit ML20245G5131989-08-10010 August 1989 Forwards SER Accepting Util Response to Generic Ltr 83-28, Item 4.5.3 Re Reactor Trip Reliability on-line Functional Testing of Reactor Trip Sys ML20245E6301989-08-0202 August 1989 Forwards Safety Insp Rept 50-155/89-13 on 890618-0724 & Notice of Violation ML20245H5331989-08-0202 August 1989 Advises That 890519 Changes to QA Program Described in CPC-2A Acceptable.Issues Addressed Listed ML20247R0971989-07-31031 July 1989 Advises That Operator & Senior Operator Written & Oral Exams Scheduled for Wk of 891113.Ref Matls Listed on Encl & Operator License Applications Should Be Provided at Least 60 Days Prior to Exam Date ML20245H8231989-07-28028 July 1989 Forwards Amend 98 to License DPR-06 & Safety Evaluation. Amend Requires Compliance W/Amended Physical Security Plan ML20246K8721989-07-12012 July 1989 Forwards Insp Rept 50-155/89-12 on 890612-14,20-22,26-28 & 0705-06.No Violations Noted ML20246F9181989-07-0505 July 1989 Forwards TE Murley to Ecology Ctr of Southern California Ack Receipt of Petition & Advising Ctr That Petition Will Be Treated Per 10CFR2.206 ML20246C1201989-06-30030 June 1989 Forwards Safety Insp Rept 50-155/89-09 on 890507-0617.No Violations Noted ML20245B1831989-06-0909 June 1989 Forwards Safety Insp Rept 50-155/89-10 on 890522-25.No Violations Noted NUREG-0828, Concurs W/Interpretation of Intent of Item 4(5) of SER Re NUREG-0828,Sections 4.5, Wind & Tornado Loadings & 4.8, Tornado Missiles. Alternate Shutdown Bldg Will Be Manned When Tornado Warning Broadcast for General Area1989-06-0808 June 1989 Concurs W/Interpretation of Intent of Item 4(5) of SER Re NUREG-0828,Sections 4.5, Wind & Tornado Loadings & 4.8, Tornado Missiles. Alternate Shutdown Bldg Will Be Manned When Tornado Warning Broadcast for General Area ML20248C0501989-05-31031 May 1989 Forwards Amend 97 to License DPR-6 & Safety Evaluation.Amend Adds Operability & Surveillance Requirements for Alternate Shutdown Sys to Tech Spec Sections 11 & 12 & Includes Tech Specs for Active Fire Barriers & Fire Detection ML20247K8741989-05-24024 May 1989 Forwards App to SALP 8 Rept 50-155/89-01 for Sept 1987 - Dec 1988,per 890328 Meeting ML20247A6281989-05-16016 May 1989 Forwards Safety Insp Rept 50-155/89-06 on 890326-0506.No Violations Noted ML20247A2921989-05-12012 May 1989 Advises That 890406 Rev 92 to Vol 9 of Site Emergency Plan Including Changes to Chapter 7, Emergency Facilities & Equipment & App J, Primary & Secondary Communications, Acceptable ML20247A3221989-05-12012 May 1989 Grants 880926 Request for Partial Exemption from Annual Fees of 10CFR171,based on Size & Age of Plant.Invoice Encl ML20246L8121989-05-0202 May 1989 Forwards Amend 96 to License DPR-6 & Safety Evaluation.Amend Revises OL to Allow Increase in Amount of Byproduct Matl Plant May Possess from 10.5 to 45 Ci Cs-137,as Sealed Sources 1990-09-28
[Table view] Category:OUTGOING CORRESPONDENCE
MONTHYEARML20212L9051999-10-0404 October 1999 Forwards Environ Assessment & Finding of No Significant Impact Re 990511 Application for Amend,As Supplemented on 990603 & 0728.Proposed Amend Would Make Changes to TSs by Deleting Definition,Site Boundary & Use ML20212K7561999-09-30030 September 1999 Forwards Insp Rept 50-155/99-05 on 990731-0921,site Insp & 990929 Public Meeting.No Violations Noted ML20211G1011999-08-25025 August 1999 Confirms Discussions & Agreement to Have Mgt Meeting in Region III Office on 990929.Purpose of Meeting to Discuss Decommissioning Activities,Priorities,Challenges & Successes & to Preview Plans & Schedules for Next Year ML20210V0561999-08-17017 August 1999 Advises of Plan to Stop Using Ofc Complex at Plant,Which Consumers Energy Co Had Provided for NRC Resident Inspectors Under 10CFR50.70(b)(1) ML20210S6961999-08-12012 August 1999 Forwards Insp Rept 50-155/99-04 on 990609-0730.No Violations Noted.No Safety Issues or Enforcement Items Were Identified During Insp ML20210L0321999-08-0303 August 1999 Final Response to FOIA Request for Documents.Documents Listed in App a Being Released in Entirety & Documents Listed in App B Being Released in Part (Ref FOIA Exemption 6) ML20209D6951999-07-0707 July 1999 Ack Receipt of Which Requested That NRC Reconsider Decision to Move NRC Resident Inspector from Big Rock Point Plant.Determined Decision to Be Correct One ML20196E1601999-06-21021 June 1999 Forwards Insp Rept 50-155/99-03 on 990416-0608.No Violations Noted.Overall,Reactor Decommissioning Activities Performed Satisfactorily ML20207D1151999-05-27027 May 1999 Informs That Effective 990328,NRC Ofc of NRR Underwent Reorganization.Within Reorganization,Division of Licensing Project Management Created ML20206P0921999-05-0707 May 1999 Responds to Discussing Impact That Delays to Wesflex Sys Approval Would Have on Big Rock Point Decommissioning Cost & Schedule ML20206H1011999-05-0404 May 1999 Forwards Safety Evaluation for Exemption from Certain Physical Protection Requirements.Enclosure Contains Safeguards Info & Being Withheld ML20206E3721999-04-29029 April 1999 Informs That Based on Licensee Determinations That Changes in Rev 1 Do Not Decrease Effectiveness of Defueled EP & That Plan Continues to Meet Applicable Stds of 10CFR50.47(b) & Requirements of App E to Part 50,NRC Approval Not Required ML20206B7381999-04-26026 April 1999 Forwards Insp Rept 50-155/99-02 on 990226-0415.No Violations Noted.Activities in Areas of Facility Mgt & Control,Decommissioning Support,Spent Fuel Safety & Radiological Safety Were Examined ML20205E3471999-03-29029 March 1999 Informs That USNRC Granted Encl Exemption from Certain Requirements of 10CFR73,to Allow Implementation of Safeguards Contingency Plan Reflecting Permanent Shutdown & Defueled Condition of Brpnp in Response to ML20204F4611999-03-19019 March 1999 Forwards Insp Rept 50-155/99-01 on 990113-0225.One Violation of NRC Requirements Occurred & Being Treated as non-cited Violation,Consistent with App C of Enforcement Policy ML20203C8971999-02-0808 February 1999 Informs That NRR Contracted with PNNL to Evaluate Storage of Spent Fuel at Number of Decomissioning Nuclear Power Facilities.Forwards Request for Info Re Spent Fuel Storage at Big Rock NPP ML20199H2431999-01-15015 January 1999 Forwards Insp Rept 50-155/98-09 on 981201-990112 & Nov.One Weakness Identified Re Event Involving Ungrappling Fuel Bundle Without Being Fully Seated in Rack & Without Independent Verification That Ungrappling Bundle Was Proper ML20199D9711999-01-13013 January 1999 Forwards Plant Defueled TS Administrative Replacement Pp.On 990104 Staff Informed NRC That Pp Numbering for Table of Contents Was Incorrect.Subj Pp Requested to Be Replaced with Encl ML20199E0781999-01-13013 January 1999 Informs That Staff Has Received Request for Exemption from Various 10CFR73 Pyhsical Protection Requirements Dated 981112.Exemption Request Improperly Based on Requirements of 10CFR50.12 Instead of Applicable Requirements of 10CFR73.5 ML20199E1841999-01-13013 January 1999 Forwards Environ Assessment & Finding of No Significant Impact Re Proposed Exemption from Certain Physical Protection Requirements of 10CFR73.Assessment Forwarded for Fr Publication ML20198K6551998-12-24024 December 1998 Forwards Amend 120 to License DPR-6 & Safety Evaluation. Amend Changes License DPR-6 & App A,Ts to Reflect Permanently Shutdown & Defueled Status of Plant ML20196H3171998-12-0303 December 1998 Forwards Insp Rept 50-155/98-08 on 980827-1130.No Violations Noted.Inspection Covered Activities in Areas of Radiological Safety ML20154M2211998-10-14014 October 1998 Forwards Insp Rept 50-155/98-07 on 980827-1007.No Violations Noted.Insp Consisted of Examination of Activities in Areas of Facility Mgt & Control,Decommissioning Support (Including Physical Security),Sf Safety & Radiological Safety ML20154E0121998-09-30030 September 1998 Forwards Exemption from 10CFR50.54(q) Re Plant & Suppls ,1120& 980302,0429 & 0828 Which Requested Exemption from Certain Protions of 10CFR50.47(b) & App E to 10CFR50 to Allow Brpnp to Discontinue Offsite EP Activities ML20239A2491998-09-0303 September 1998 Forwards Insp Rept 50-155/98-06 on 980716-0826.No Violations Noted.Overall,Reactor Decommissioning Activities Were Generally Performed Satisfactorily & as Planned.Potential Weaknesses Were Identified in Review of SE Procedure ML20237E2731998-08-25025 August 1998 Discusses NRC Insp Rept 50-155/98-03 on 980527.Violations Noted.Insp Findings Documented in NRC Insp Rept Sent to Util by Ltr ML20237C5461998-08-19019 August 1998 Refers to Revs 133,134 & 135 to Portions of Big Rock Point Plant Emergency Plan.Based on Determinations That Changes in Revs 133-135 Do Not Decrease Effectiveness of Emergency Plan,Nrc Approval Not Required ML20236Y0441998-08-0505 August 1998 Forwards Summary of Decommissioning Insp Plan Through March 1999.Plan Will Be Updated Approx Twice Each Yr & May Be Revised at Any Time Based on Future Insp Findings,Events & Resource Availability ML20236V0651998-07-28028 July 1998 Ack Receipt of 980605 Request for Withdrawal of 980325 Request for License Amend for DPR-6,paragraph 2.C.(5), Physical Protection & Closes TAC MA0756 ML20236U4311998-07-24024 July 1998 Forwards Insp Rept 50-155/98-05 on 980528-0715.No Violations Noted.Nrc Concern That Programmatic Assessments of RPP Were Not Initiated Following Identification of Multiple Deficiencies in RP Program During First Half of 1998 IR 05000155/19980041998-07-0808 July 1998 Ack Receipt of Informing NRC of Steps Taken to Correct Violations Noted in Insp Rept 50-155/98-04 ML20236M4131998-07-0707 July 1998 Ack Receipt of Ltr Dtd 980512,transmitting Changes Identified as Rev 14 to Big Rock Point Security Suitability, Training & Qualification Plan.No NRC Approval Required ML20249C4391998-06-25025 June 1998 Ack Receipt of ,Which Transmitted Changes to Rev 14 to Suitability,Training & Qualification Plan,Submitted Under Provisions 10CFR50.54(p) ML20249B3041998-06-16016 June 1998 Forwards Insp Rept 50-155/98-03 on 980407-0527.Violation Noted & Being Considered for Escalated Enforcement Action. Notice of Violation Not Presently Being Issued for Insp Finding ML20248F3541998-05-28028 May 1998 Responds to to P Harris Which Requested That NRC Retain Resident Inspector at Big Rock Site to Monitor Project for Period of Five Years.Informs That NRC Intends to Assign Inspector to Site for One Year ML20247M9481998-05-15015 May 1998 Ack Receipt of Ltr Dtd 980312,which Transmitted Changes Identified as Rev 7 to Safeguards Contingency Plan,Submitted Under Provisions of 10CFR50.54(p) ML20217D1221998-04-21021 April 1998 Forwards Insp Rept 50-155/98-02 on 980203-0406.No Violations Noted.Emergency Preparedness Exercise Was Completed Satisfactorily,However,Unusual Event Was Declared When Algae Containing Co-60 Alarmed Discharge Canal Radiation Monitor ML20217A5991998-04-16016 April 1998 Forwards Request for Addl Info Re Proposed Changes to Proposed Defueled TS as Detailed in .Questions Were Discussed W/Licensee Staff on 980121-22 & 980311.RAI Summarizes Questions That Remain ML20216J4411998-04-16016 April 1998 Informs That Consumer Request for Exemption from Certain Requirements of 10CFR50.54, Condition of Licenses, Based On,In Part,Determination That Plant Permanantly Shut Down & Defueled Not Required ML20216J9861998-04-16016 April 1998 Forwards SE Approving Licensee 970919 Submittal of Training Program for Certified Fuel Handlers.Comments Also Encl ML20247L4021998-04-14014 April 1998 Discusses Rev 131 to Chapter 5 & Rev 132 to Chapters 2,3 & Appendix H of Big Rock Point Plant Emergency Plan Submitted Under Provisions of 10CFR50.54(q).No NRC Approval Required ML20216G9071998-04-0808 April 1998 Responds to Asking Number of Questions Re Activities at Big Rock Point Nuclear Plant.Particularly on 980203 NRC Requested Addl Info from Utility Re Proposed Changes to Emergency Preparedness Plan ML20217J2131998-04-0202 April 1998 Forwards Copy of Each Revised Forms 398,personal Qualifications Statement & 396,certification of Medical Exam by Facility Licensee.Due to Error on Instructions for Form 398,addendum for Completing Form Are Provided IR 05000155/19970151998-03-20020 March 1998 Ack Receipt of Informing NRC of Steps Taken to Correct Violations Noted in Insp Rept 50-155/97-15 ML20246H0091998-03-19019 March 1998 Discusses Rev 130 to App a of Big Rock Point Nuclear Plants Emergency Plan,Received in Sept 1997.NRC Approval Not Required Based on Determination That Changes Do Not Decrease Effectiveness of Emergency Plan ML20203K7501998-02-26026 February 1998 Forwards Summary of Decommissioning Insp Plan for Remainder of Fy 1998.Plan Will Be Updated Approx Twice Each Yr & May Be Revised at Any Time Based on Future Insp Findings,Events, Resource Availability ML20203H8511998-02-23023 February 1998 Forwards Request for Addl Info Re Exemption from Offsite Emergency Planning Requirements.In Accordance with 10CFR50.30(b),response Must Be Executed in Signed Original Under Oath or Affirmation ML20202J8111998-02-14014 February 1998 Forwards Insp Rept 50-155/97-15 on 971205-980202 & Notice of Violation.Activities in Areas of Facility Mgt & Control, Decommissioning Support & Spent Fuel Safety ML20203E0811998-02-13013 February 1998 Informs That on 980331 & 0401,NRR Will Be Holding 1998 Decommissioning Power Reactor Counterparts Meeting in Arlington,Tx.Recipient Requested to Make Presentation at Subj Meeting.Meeting Agenda Encl ML20202D7751998-02-0808 February 1998 Ack Receipt of Ltr Dtd 980116,which Transmitted Changes Identified as Rev 32 to Big Rock Point Security Plan, Submitted Per 10CFR50.54(p).Changes Do Not Decrease Effectiveness of Plan 1999-09-30
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~g UNITED STATES
,f g NUCLEAR REGULATORY COMMISSION g <p WASHINGTON, D. C. 20555 tg
.... [ November 5,1986 Docket No. 50-155 Mr. Kenneth W. Berry Director, Nuclear 1.icensing Consumers Power Company 1945 West Parnall Road Jackson, MI 49201
Dear Mr. Berry:
SUBJECT:
CONSUMERS 50.54(y) (TACPOWER 62852) COMPANY (CPC) REQUEST FOR INTERPRETATION OF 10 C de: Big Rock Point Plant In your letter of September 11, 1986, to the Director of the Office of Nuclear Reactor Reoulation you asked various leoal questions about how 10 CFR 50.54(x) and (y) affect who has ultimate responsibility for plant response in an emer-gency. The Office of the General Counsel has provided the following response.
At the outset, please note that, although this interpretation orioinates from the Office of the General Counsel, it is not a formal opinion under 10 CFR 50.3 and binds the staff only, net the Consnission. CPC questions were essentially as follows: (1) Does the Site Emergency Director, who is not a licensed senior j operator, or does the Shift Supervisor, who is a licensed senior operator, have ultimate responsibility in an emergency? (2) Must the Shift Supervisor imple-l
! ment an action ordered by the Site Emergency Director under 10 CFR 50.54(xl whether or not he agrees with it? (3) What are the legal consequences for a Shif t Supervisor under his senior operator's license if he implements an action that he disagrees with and that in retrospect was imprudent or incorrect?
CPC gave the follcwing hypothetical scenario for perspective. "During an emergency situation, the Site Emergency Director with the concurrence of his technical support staff, ascertains the need to complete an action which is a recognized violation of a technical specification. This decision is forwarded to the Shif t Supervisor for implementation. Independent of the Site Emergency Director's decision making process, the Shift Supervisor also recognizes the need to complete an action which produces the same end result but utilizes a different method. The Shift Supervisor's method is also a recognized violation of a technical specification. This results in a real difference of opinion bet, teen the Site Emergency Director and the Shift Supervisor. Is the Shift Supervisor required to implement the Site Emergency Director decision even though he disagrees with it? If subsequent evaluation determines the Site l
E.nergency Director decision to have been wrong and the Shift Supervisor did implement it, who (i.e., the initiator or the implementor) would be at fault and subject to potential enforcement sanctions?"
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Under 10 CFR 50.54(x) the facility licensee "may take reasonable action that departs from a license condition or a technical specification (contained in a license issued under this part [Part 501) in an emergency when this action is inmediately needed to protect the public health and safety and no action con-
- sistent with license conditions and technical specifications that can provide adequate or eouivalent protection is immediately apparent." CPC pointed out correctly that 10 CFR 50.54(y) restricts paragraph (x) by requiring that a facility licensee can only take an action permitted under paragraph (x) if that action, as a minimum, is first approved by a licensed senior operator. CPC may i
not realize, however, that the rule focuses on the responsibilities of facility licensees and only peripherally includes licensed senior operators.
The Commission explained various provisions of the final rule in some detail in the Statement of Considerations that accompanied the rule's promulaation in the Federal Register. See enclosed 48 FR 13966, April 4, 1983. Since many of these explanations are relevant to your auestions, it is worthwhile to repeat them here. The Commission noted that " technical specifications or license condi-tions can be amended by HD.C. and the rule is not intended to apply in circum-a stances where time allows this process to be followed. The rule would apply only to those emergency situations where action by the licensee is required immediately to protect the public health and safety -- action which~may be contrary to a technical specification or a license condition. It is the intent of the rule to allow deviations from license requirements only in the special circumstances described. It is not intended that licensees be allowed to deviate from procedures and other license requirements where these are applicable."
i The Commission pointed out that, "in addition to seeking the usual public
- comment as to any aspects of the proposed rule, the Federal Reoister Notice of the proposed rule stated: 'The proposed rule does not provide sianificant 4
' guidance to Part 50 licensees for identifying those situations in which devia-tions from license conditions or technical specifications are allowable. In addition, the proposed rule and the supplementary information does not contain standards to be used by the NRC staff in determinino whether to take enforce-ment action against Part 50 licensees who deviate from license conditions or technical specifications in these types of situations. The Commission partic-
' ularly solicits comments on these two areas.' Thirty-four comments were received in response to this reauest, and most were strongly opposed to the Commission providing additional deviation guidance or enforcement standards."
"As for deviation guidance, one comment, which was opposed to such was typical:
4 '[wel do not believe that it is feasible to provide detailed guidance as to when deviations are permissible. The whole purpose of the proposed amendments i is to provide flexibility in situations that cannot be anticipated. Any effort i to provide more detailed standards is likely to defeat that purpose by unintentionally excluding a situation in which a deviation is necessary or appropriate.' The Commission agrees with this comment, and feels that any attempt to define in more detail the precise circumstances under which a a
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= _ _ _
- I deviation is permissible is bound to exclude a circumstance where deviation might be entirely appropriate. Whereas the conditions under which a deviation is allowed are not described at length, nevertheless, the deviation criteria are quite specific: the [facilityl licensee must be faced with an emeraency situation in which compliance with the license is posing a barrier to effective protective action and rapid protective action is needed. Based on the fore-going and public coments received, no chances have been made to the rule with respect to the conditions under which the rule may be invoked."
"In response to the Comission's request for coments on the need for enforce-ment standards, most comenters stated that the matter of enforcement should be based on the specific circumstances surrounding the event, and that enforcement standards would be difficult to frame for the unusual circumstances under which the rule might be used. One comenter pointed out that enforcement standards would tend to limit actions that could or could not be taken and thereby serve to provide deviation guidance which most felt was inappropriate (discussed above). The Comission has concluded that enforcement standards, as such, are not needed. The Comission agrees that providing such standards would tend to define the circumstances under which the rule could be used (deviation guidancel. As discussed above, this has been judged to be undesirable. The rule does, however, contain implicit enforcement guidance. The NRC'would review a licensee's use of the rule to determine the answers to the following types of questions. (a) Did the [ facility) licensee have to act imediately to avert possible adverse consequences to the public health and safety? (b) Was adequate or equivalent protective action that is consistent with the license imediately apparent? (c) Was the action reasonable? Based on information available at the time did it serve to protect the public health and safety?
i Did the [ facility] licensee deviate from its license only to the extent neces-sary to meet the emergency? (d) Was there time for an amendment of the license to be approved by MRC? Answers to these ouestions should be adeouate to determine if the rule had been violated. Specific enforcement action would have to depend on the specific circumstances. Ten persons made comments to the effect that overly critical reviews or overzealous enforcement action following the use of the rule would cause licensees to hesitate to use the rule. The Comission agrees with these comments. The Commission recognizes that a
[facilityl licensee will need to exercise .iudoment in applyina the rule and in its after-the-fact review, it may not agree in every instance with the licensee's actions. However, enforcement action for a violation of the rule will not be taken unless a Ifacilityl licensee's action was unreasonable considering all the relevant circumstances having to do with the emercency."
The Comission also said in the Statement of Considerations that "the Federal Register Notice for the proposed rule contained additional coments of Commissioner Gilinsky, in which he stated: 'I believe the decision to operate outside the Technical Specifications should be made by a senior reactor operator since I understand that reactor operators are not trained or tested on both the basis and importance of the Technical Specifications. I would be L
interested in receiving comments on this issue.' Nineteen comments were received in response to this request and most all agree that such a decision should be made, as a minimum, by a licensed senior operator. Those opposed expressed the opinion that such concurrence should not be mandatory or that higher concurrence should be obtained if possible. A minor clarifying change has been made in response to these comments and another which stated that the rule was confusing because the first paragraph of the proposed rule discussed licensees and the second discussed operators. The second paragraph now reads:
' licensee action permitted by paragraph (x) of this section shall be approved, as a minimum, by a licensed senior operator.' This change makes it clear that if a ffacilityl licensee takes emergency action allowed by paragraph (x), such action must be approved by, et least, a licensed senior operator actina for the licensee. Under the provision, any licensed senior operator (licensed for the unit involved) would be sufficient. However, as one commenter pointed out, more senior licensee personnel would probably be available. If so, the decision to depart from tne license in an emeraency would pass to them (as higher authorities in the chain of command). If, however, an emeroency requiring prompt action should occur on a back shift, no (facility) licensee representative higher in the chain of command is likely to be available. To require other approvals could serve to defeat the purpose of the rule."
The Commission also explained that the " rule requires a [ facility) licensee, under %50.72, to notify the NRC Operations Center by telephone of emergency circumstances requiring it to take any action that departs from a license condition or a technical specification. When time permits, the notification is made before the protective action is taken; otherwise, it is made as soon as possible thereafter." Finally, the Commission noted that "a commenter sug-gested that an evaluation be made of each instance in which a deviation was made to prevent possible future need for similar deviations. The Commission will review each use of the rule both to confirm that the intent of the rule was satisfied and also to analyze the circumstances leading to the emergency to see what permanent corrective action may be appropriate.";
With the above explanations in mind, here are the answers to your cuestions.
Ultimate responsibility for plant response in an emergency resides in the highest authority in the chain of command of the facility licensee available to make a decision about the response. Any senior operator licensed for a unit and acting for the facility licensee can make the decision for that unit, unless more senior licensee personnel are available and are authorized to make the decision; however, no one below a licensed senior operator can make the 1
decision. The facility licensee's procedures for handling an emergency, including the personnel who can and must make decisions within the chain of command, must be clear and precise. Personnel working for a facility licensee should understand the consequences in an emergency of not following the orders of their superiors. All personnel working for the facility licensee should use their best judgment in an emergency, and a licensed senior operator should give that judgment to his superiors. If a licensed senior operator is overruled
and the decision of his superiors turns out in retrospect to be wrong, it is highly unlikely that NRC will take any enforcement action against him. As explained above, however, it will review the decision from the perspective of the facility licensee considering the decision's reasonableness under all the relevant circumstances having to do with the emergency.
The NRC staff trust that this information has been helpful. If you need additional information, please contact your NPC Big Rock Point Pro,iect Manager.
Sincerely, Original signed by John A. Zwolinski, Director BWR Pro,iect Directorate #1 Division of BWR Licensina
Enclosure:
As stated cc: Mr. Ralph R. Frisch Senior Licensing Analyst Consumers Power Company 1945 West Parnall Road Jackson, Michioan 49201 DISTRIBUTION Docket File EJordan NRC PDP BGrimes Local PDR JPartlow PVD#1 Reading NThompson RBernero ACRS (10)
TNovak EAdensam HThompson DMuller FMiraglia WButler CJamerson Glainas
. TRotella BRP file 4
JZwolinski BBerson, RIII JLiberman, OGC-Beth TDorian, OGC-Beth OGC-Beth (Info Only)
OFC : DBL:BWD1 : DBL: FWD 1
$/ '
_____:..... ___ :._________ :: DBL:BWDl/'__:
NAME :CJamerson :TRotella .JZwolinski : : : :
DATE : ll /s)/86 : lI/e4/86 : 0/tY/86 : : : :
0FFICIAL RECORD COPY
Mr. Kenneth W. Berry Consumers Power Company Big Rock Point Plant CC:
Mr. Thomas A. McNish, Secretary Consumers Power Company 21? West Michigan Avenue Jackson, Michigan 44201 Judd L. Bacon, Esquire Consumers Power Company 212 West Michigan Avenue Jackson, Michigan 49201 Pig Rock Point Plant ATTN: Mr. David P. Hoffman Plant Superintendent Route 3 Post Office Box 591 Charlevoix, Michigan 49720 Mr. I. Lee Moerland Chairman, Board of Commissioners P. O. Box 218 Charlevoix, Michigan 49720 Office of the Governor Room 1 - Capitol Building lansing, Michigan 48913 Regional Administrator Nuclear Regulatory Commission, Region III 799 Roosevelt Road Glen Ellyn, Illinois 60137 i
Nuclear Facilities and Environmental Monitoring Section Office Division of Radiological Health P. O. Box 30035 lansing, Michigan 48909 Resident Inspector Big Rock Point Plant c/o U.S. NRC RR #3, Box 600 Charlevoix, Michican 49720
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