ML20215C449
| ML20215C449 | |
| Person / Time | |
|---|---|
| Issue date: | 10/02/1986 |
| From: | Taylor J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| To: | Gallagher J WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| References | |
| REF-QA-99900404 NUDOCS 8610100284 | |
| Download: ML20215C449 (2) | |
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\...../ October 2, 1986 Docket No. 99900404 Westinghouse Electric Corporation Nuclear Technology Division ATTN: Mr. J. L. Gallagher General Manager Post Office Box 355 Pittsburgh, Pennsylvania 15230-0355 Gentlemen:
SUBJECT:
REPORTING PROCEDURES This letter is to inform you of the results of a review by the NRC staff of comitments made by Westinghouse in a September 17, 1974 letter regarding reporting of items described in 10 CFR 50.55(e). This review was initiated in response to a request from Duquesne Light Company (DLC) that NRC provide an interpretation of the applicability of 10 CFR 50.55(e) reporting requirements to Westinghouse. A copy of the DLC request and our response to it are enclosed.
The comitment made by Westinghouse to the Atomic Energy Comission in 1974 in response to a failure of Westinghouse motors was made before 10 CFR 21 was issued.
This comitment, in our view, is consistent with the purpose of the reporting requirements cont 6ined in 10 CFR 21. Because Westinghouse is not a reactor Construction Permit holder, the requirements of 10 CFR 50.55(e) are not applicable to Westinghouse, however the requirements of 10 CFR 21 are applicable. Therefore, we conclude that compliance with 10 CFR 21 is sufficient to fulfill the comitirent made by Westinghouse in its September 17, 1974 letter.
If you shculd have any questions concerning thic matter, please contact Mr. J. Craig of the Vendor Program Branch at (301) 492-9043.
Sincerely, es M. Tay) , Director fice of Ir pection and Enforcement Enclosures-As stated l cc w/ enclosure:
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Westinghouse Electric Corporation October 2, 1986 cc w/ enclosure:
R. A. Wiesemann, Manager Regulatory and Legislative Affairs Westinghouse Electric Corporation Post Office Box 355 Pittsburgh, Pennsylvania 15230 J. J. Carey, Vice President Nuclear Group Duquesne Light Company Robinson Plaza Building Pittsburgh, Pennsylvania 15205 DI9RIBUTION:
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April 30, 1986 emmren. ra issos United States Nuclear Regulatory Comission 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, W. James Allen to W. E. J.
Woolever.
Gentlemen:
Duquesne Light Company (DLC) and Westinghouse (W) have for some time been discussing the role and responsibility of W in 10CFR50.55(e) reporting.
It is the DLC position to follow 10CFR, sich under 10CFRSO.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 Station Unit No. 2 (BVPS-2) construction permit, DLC is directly bound by 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 determined by its own independent evaluation to meet the criteria defined in 10CFR21 for 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. -
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Mr. Herzel H. E. Plaine Reporting of 10CFR50.55(e) Findings Page 2 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 OLC will, as a construction pemit holder, comply Valley Unit 2 only to OLC.It is our understanding that this procedure is followed with 10CFR50.55(e)(1).
by other NSSS vendors.
as a result of a commitment made in 1974, before W perceives thatW is required to continue reporting all safety con-10CFR21 was implemented cerns, including 10CFR50. 53(e) items, directly to the NRC. In an attenpt to DLC requested an NRC position on this sub-resolve this administrative issue Mr. James Allen, Acting Region I ject in 1983 per Reference (a).
Administrator, confirmed in Reference (b) that OLC as the construction pemit W does not holder has the sole reporting obligation for 10CFR50.55(e) issues.
accept this NRC letter as credible evidence that W can relieve iEself from their 1974 commitment.
Therefore, DLC is hereby requesting an interpretation of Please indicate what organization 10CFR50.55(e) in accordance with 10CFR50.3.
or organizations are specifically required to notify the Commission in ac dance with 10CFR50.55(e).
not responsible, is there any reason which prevents W from notifying the NRC that W procedures are being revised to state that aT1 infomation on future potenDal 10CFR50.55(e) issues will only be provided to construction thus allowing pemit W to be relieved holders for evaluation and possible reporting, ding 10CFR50.551e) issues. OLC from its 1974 commitment to the Commission regar requests that W. E. P. Rahe, Jr. and W. R. A. Wiesemann from Westinghouse also be placed on distribution in your reply. Thank pu for your input in this matter.
DUQUESNE LIGHT COMPANY By J.d. W4 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 L
- O Duquesne Light Company October 2, 1936 If you have additional questions concerning this matter, please contact Mr. J. Craig of the Vendor Program Branch at (301) 492-9043.
Sincerely,
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J mes M. Ta W r, Director ffice of Inspection and Enforcement 4
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\ *"** / October 2, 1986 Docket No. 50-412 Duquesne Light Company ATTN: Mr. J. J. Carey, Vice President Nuclear Group Robinson Plaza, Building 2. Suite 210 Pittsburgh, Pennsylvania 15205 Gentlemen:
Your letter of April 30, 1986 to the NRC's General Ccunsel requested an inter-pretation of the applicability of 10 CFR 50.55(e) with respect to Duquesne Light Company (DLC) and its NSSS supplier, Westinghouse. Specifically, you requested clarification as to which organizations are required to notify the Comission in accordance with 10 CFR 50.55(e) of reportable deficiencies. As noted in the July 25, 1986 letter to you, the General Counsel was aware that this issue was under active consideration by the Office of Inspection and Enforcement (01E) and, therefore, deferred responding to DLC. While not an interpretation of the applicability of 10 CFR 50.55(e), IE has completed the review of this issue. 10 CFR 50.55(e) discusses reporting requirements to be met by companies to which the NRC has issued a permit for construction of a nuclear power plant. Westinghouse has not received such a permit from the NRC and, therefore, the reporting requirements of 10 CFR 50.55(e) are not applicable to Westinghouse. However,10 CFR 21, Reporting of Defects and Noncompliances, is applicable to both DLC and Westinghouse.
Your letter also made reference to comitments made by Westinghouse in a September 17, 1974 letter to report significant deficiencies as discussed in 10 CFR 50.55(e) to the Atomic Energy Comission (AEC). These comitments were made before issuance of the reporting requirements of 10 CFp 21. The commitment made by Westinghouse was a response to AEC questions concerning Westinghouse's failure to inform their customers of problems with motors, supplied by Westinghouse, in a timely manner. The comi,tment made by Westinghouse to the AEC in response to these questions is consistent with the purpose of current NRC reporting requirements contained in 10 CFR 21 which are applicable to Westinghouse.
Therefore, we consider that compliance with 10 CFR 21 is sufficient to fulfill the comitments made by Westinghcuse in its September 17, 1974 letter.
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