ML20217K043
| ML20217K043 | |
| Person / Time | |
|---|---|
| Site: | Dresden, Byron, Braidwood, Clinton, Quad Cities, Zion, LaSalle  |
| Issue date: | 10/01/1997 |
| From: | Collins S NRC (Affiliation Not Assigned) |
| To: | Kraft D NUCLEAR ENERGY INFORMATION SERVICE |
| Shared Package | |
| ML20217K048 | List: |
| References | |
| NUDOCS 9710220390 | |
| Download: ML20217K043 (7) | |
Text
___ __________ ________--_-______ _ _-__ _ __ - _ _- _
fe.25</
na y*
1 UNITE] STATES J
,}
NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 30866 4001
\\*****/
October 1, 1997 Mr. David A. Kraft, Director j
Nuclear Energy Information Service P.O. Box 1637 I
Evanston, Illinois 60204 1637
Dear Mr. Kraf t:
I am responding to your letter to Chairman Jackson dated August 9,1997, in which the Nuclear Energy Information Service (NElS) expressed its concems regarding the NRC's regulation of nuclear reactors operated by Commonwealth Edison Company (Comed) and Illinois Power. Your letter states that the NRC has taken a much tougher public stance toward these utilities but continues to tolerate poor performance and is reluctant to insist on tetel complianco ard impose sanctions such as license suspension or revocation.
The NRC has taken numerous actions regarding these licensees in the last several years and has dedicated increased resources to monitor and evaluate their facilities. The Comed units at 2.lon and LaSalle, and Illinois Power's Clinton unit are currently shut down and the NRC has issued confirmatory action letters (CALs) confirming that certain actions will be taken before any of the un)ts are restarted. When a licensee voluntarily shuts down its facility and commits to correct its problems prior to restart, the NRC normally has no reason to issue a separato shutdown or license suspension order as NElS advocates.
Rather, in these situations, CALs have proven to be sufficient and effective to ensure that l
a particular fecility remains shut down and resumes operation only when NRC is satisfied that it will be operated safely. It should be noted that, if the NRC is not satisfied with the licensee's corrective actions or does not agree that the actions are sufficient, it will either issue an Order or modify the CAL. The GAO report to which NEIS refers in its August 9, 1997 letter did not acknowledge NRC's effeche use of CALs. The NRC has established oversight panels for the Clinton, LaSalle, and Zion facilities; the panels are responsible for i
evaluating the effectiveness of the licensees' restart plans through inspections and meetings with the licensees, in addition, in June 1997, Illinois Power committed to have an independent assessment performed of Clinton Power Station to identify its strengths and weaknesses and to ensure its improvement plan is sufficiantly comprehensive. The NRC subsequently formed a Special Evaluation Team (SET) to review the assessment and independently evaluate Clinton's safety performance. The SET will provide insights to aid NRC senior management in future regulatory decision making regarding Clinton. The SET will hold a public exit meeting, scheduled for December 11,1997.
As you are aware, the NRC sent a letter under 10 CFR 50.54(f) to Comed in January 1997, requiring the licensee to demonstrate that it can operate all 12 nuclear reactors while sustaining performance improvement at each. While the NRC generally viewed Comed's reply to the letter as responsive, acceptance of Comed's plan to improve performance is only the first step in a continuing process of monitoring and evaluation and
]
should not be interpreted to be an approval for the plants to continue their pattern of poor or cycikal safety performance. After it received Comed's response to the 50.54(f) letter, the NRC established a Comed oversight panel. This panelis continuing to evaluate Comed's safety performance through periodic management meetings, monitoring of ll ll !!!I p,l:ll, ll (l
EM9 9710220390 971001
(
m IC agv r %g rp [*d,f (("A h l @g h. g hy PDR ADOCK 05000237 e
H PDR
D. A. Kraft.
Comed's performance indicators, and inspections. The Commission plans to meet again with Comed on November 4,1997, to discuss Comed's progress in implementing its performance improvement plan.
The NRC regards compliance with regulations, license condition; and technical 1
specifications as mandatory, and the agency is not reluctant to insist on compliance from any licensee, including Comed or Illinois Power. But we also recognize that plants may not operate trouble-free. For this reason, the NRC requires that substantial safety margins be designed into the construction of plants. To maintain this margin, the NRC reouires that licenseed 2stablish measures to ensure that failures and nonconformances are promptly identified and corrected. The appropriate regulatory response to an identified deficiency can and should vary depending on its safety significance. Therefore, the NRC would not necessarily exercise its authority to revoke or suspend a facility's license based sololy on a pattern of performance which warrants increased NRC monitoring. The Comed plants that are operating today are operating because the NT has determined that they meet an acceptable level of safety. Although we have idwified deficiencies at these plants, the conservatism provided by the multiple levels of design and operating requirements provides reasonable assurance that there is no undue risk to public healih and safety. I can assure you that if the NRC becomes aware of information that demonstrates that an undue risk to public health and safety exists, it will take prompt, remedial action, including shutdown of operating facilities.
In its analysis entitled, " Illinois' 'Radioactis i Decay'," dated July 24,1997, enclosed with your letter, NElS recommends that the NRt., implement recommendations formulated in the General Accounting Office (GAO) report, " Nuclear Regulation: Preventing Problem Plants Requires More Effective NRC Action," May 1997, and recommendativns provided to tne office of Senator Carol Moseley Braun by NElS in February 1997. The NRC staff reviewed l
GAO's recommendations and the Commission responded to GAO in a letter from Chairman Jackson dated August 18,1997. A copy of this letter is enclosed for your information. In its response, the Commission generally agreed with GAO's recommendations and submitted information on the NRC's programs to address GAO's concerns, including changes to the Senior Management Meeting process, commitment tracking, and the criteria for restart approval. In addition, you included with your letter nine recommendations that NElS had sent to Senator Moseley Braun Although these recommendations specifically suggest actions to be taken by the United States Congress, some suggest areas in which you believe the NRC should be directed to change its current methods. These include taking more aggressive enforcement sctions, revising the 2.206 petition process, ordering licensees to attain design-basis specifications, and strengthening the protection of whistleblowers. Through its Strategic Assessment and Re?,trelining Initiative and the Agency's Millstone and Maine Yankee lessons-learned efforts, the NRC is in the process of improving many of its practices. I believe these initiatives will address many of your concerns and those raised by GAO.
While I believe that the NRC has been effective in contributing to recent improvement efforts at the Comed and Illinois Power facilities, I can assure you that the NRC is open to comments such as yours and is striving for continuous improvement in fulfilling its mission.
~
D. A. Kraf t -
3-l We appreciate your interest in these issues and hope that this letter is helpful in addressing your concerns.
Sincerely, Ii en S
u:
olins, Director 1
Office of Nuclest Reactor Regulation
Enclosure:
Letter from Chairman Jackson to GAO dated August 18,1997
- ~.
-. - - -.. _, ~,...
D. A. Kraft -
We appreciate your interest in these issues and hope that this letter is helpful in addressing your concerns.
Sincerely, Originalsignedby SamuelJ.CoIIns Samuel J. Collins, Director Office of Nuclear Reactor Regulation
Enclosure:
Letter from Chairman Jackson to GA0 dated August 18, 1997 Distribution: see attached list.
I l
t i
DOCUMENT NAME: G:\\CHNTJR\\ TICKET \\GT970600.DMS
- See previous 9 d.y Ta r ccive a copy of thle document, indicate in the box: "C" = Copy without enclosures *E" = Copy with enclosures "N*
= No copf OFFICE PD:III-2 i O D:III-2 IE DISP:PIPEI TECH ED*l ADORP W1 OEC., /AIMLd NAME DSKAYCH r v RCAPRA Rob WBORCHARDT r RSANDERS EAD 4tifAM Ll CWM W" DATE 09/M /97 08/st /97 09/ 3 /97 08/28/N 09/ 4 /97 09/ M/97 0FFICE OCA NRR: ADPRe::\\
RIII D(N W E00 A l OCM l
NAME LGERKE -t RZIMMERMAIM M A 6 6'eu v"/ a S@l IIM JCAL &
SJACKSON DATE 09/ u /97 09/!l /97 W ~u 09/l's /97 d 09/\\C f9) 09/ N/97 M/ 01/97 f
0FFICIAL RECOROTCOPY 4
o
D. A. Kraft '
We appreciate your interest in these issues and hope that this letter is helpful in addressing your concerns.
Sincerely.
Originalsignedby SamuelJ.CoBns Samuel J. Collins, Director Office of Nuclear Reactor Regulation
Enclosure:
Letter from Chairman Jackson to GAO dated August 18, 1997 Distribution: see attached list.
I l
f DOCUMENT NAME: G:\\CHNTJR\\ TICKET \\GT970600.DMS
- See previous p
Ta receive a copy of this document. Indiente in the box: "C' = Copy without enclosures *E* = copy with enclosures *N' = No cop If dl 0FFICE PD:III-2 l C, D:III-2 la DISP:PIPEI TECH ED*I AD:ORPV1 OEC... M%
NAME DSKAY M r v RCAPRA Rob WBORCHARDT r RSANDERS EADM AM bl Clk% 7** #
bEsusumuM suama as ausO 9
asser muam OFFICE OCA NRR:ADPR M\\
RIII D
EDO A OCM NAME LGERKE -*
RZIPMERMI:14 api Ae 6eod
"? 3 56al llM JCAL &
SJACKSON DATE 09/ W /97 09/ll /97' 4'l' 09/ W /97 tt 09/tM9) 09/ N /97
$9/01/97 0:FICIAL RECORD COPY
Distribution:
Letter to David A. Kraft, Dated:
DocketFileskSTN50-45650-373,50-37,50-254,$0-265,50-265,50-304,$0-461)(w/origina STN 50-457 STN 50-454 STN 50-455 50-237 50-249 TC3 PUBLIC (w/ incoming)
EDO #G970600,017H1 05E6 R. Borchardt L.J. Callan M. Thadani H. Thompson, 017H10 Ol7H16 P. Norry S. Burns, 05E6 J. Blaha,h, Rill 015B18 A.B. Beac S. Collins R. Zimmerm/F, Miraglia. 012G18 PDill-2 R/F, 012G18 an J. Roe E. Adensam EGA1 R. Capra M. Boyle (e, mail MLB4)
OGC, 015B18 OPA 02A13 SECY # CRC-97-0830, 016G15 K.$ohrer,NRRMailRoom(ED0#G970600 w/ incoming)l2G18 OCA 012G18 N. Olson. O T. Harris G. Dick (w/ incoming)
J.B. Hopkins G. Grant Rlli J. Stang R. Pulsifer W. Travers D. Skay (w/ incoming)
C. Shiraki ED0 r/f A. Thadani B. Sheron I
M
.b
~
l
~C m
1 G
e E2 3
A cc, a
N
-(.
l Distribution:. Letter to David A. Kraft, Dated:
Docket Files LSTN 50-456 STN 50-457 STN 50-454 STN 50-455, 50-237 50 50-373,50-374,50-254,$0-265,50-205,50-304,$0-461)(w/originalIncom-249),
ing TC3 PUBLIC (w/ incoming)
EDO #G970600,017H1 05E6 R. Borchardt L.J. Callan M. Thadani H. Thompson, 017H10 Ol7H16 P. Norry, 05E6 J. Blaha,h, RIII S. Burns, 015B18 A.B. Beac S. Collins /F. Miraglia. 012G18 R. Zimmerman, 012G18 J. Roe PDIll-2 R E. Adensam EGAl R. Capra /F M. Boyle (email MLB4)
OGC 015B18 OPA 02A13 SECi# CRC-97-0830,016G15 K. $ohrer, NRR tiall Room (EDO #G970600 w/ incoming)l2G18 OCA 012G18 N. Olson. O T. Harris G. Dick (w/ incoming)
J.B. Hopkins G. Grant RIII J. Stang R.Pulsifer W. Travers D. Skay (w/ incoming)
C. Shiraki EDO r/f A. Thadani B. Sheron 1