ML20236H686
| ML20236H686 | |
| Person / Time | |
|---|---|
| Issue date: | 06/23/1998 |
| From: | Diaz N NRC COMMISSION (OCM) |
| To: | Hoyle J NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20236H630 | List: |
| References | |
| SECY-98-087-C, SECY-98-87-C, NUDOCS 9807070309 | |
| Download: ML20236H686 (2) | |
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NOTATION VOTE RESPONSE SHEET TO:
John C. Hoyle, Secretary FROM:
COMMISSIONER DIAZ
SUBJECT:
SECY-98-087 - PROPOSED GENERIC LETTER 98-XX:
INTERIM GUIDANCE FOR UPDATED FINAL SAFETY ANALYSIS REPORTS IN ACCORDANCE WITH 10 CFR-50.71(e)
' Approved Disapproved I b Abstain f/
Not Participating Request Discussion COMMENTS:
See attached comuments L
SIGNATURE
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G,1b %
ReleaseVote /
DATE Withhold Vote /
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Entered on "AS" Yes I
No I
9907070309 990630 (RLL_ M MRCC _
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I COMMISSIONER DIAZ' COMMENTS ON SEC%98-087 i
The staff made a good effort in developing the proposed generic letter regarding the updated final safety analysis report (FSAR). However, I believe it needs additional work to define the use of risk information for prioritization and incorporation ofinformation in the updated FSAR, as well as for removal ofinformation from the FSAR. The proposed genenc letter is not ready to be used as an interim guide for updating the FSAR according to 50.71(e). I do not approve issuance of the proposed generic letter for formal public comment or as an interim guidance. Since SECY-98-087 has already been made available to the public, industry and the public should be able to informally comment on the proposed generic letter, i.e., there will be no need to docket comments or treat them fonnally. During the Commission meeting on June 4, both the staff and NEI indicated that convergence between the draft generic letter and NEI 98 03 can be achieved within a reasonable amount of time. I support endorsement of NEI 98-03; therefore, the staff should be directed to work with the industry to revise NEI 98-03 expeditiously. The final drad regulatory guide should be provided for Commission decision by October 1,1998.
I offer the following comments regarding specific items in the proposed generic letter.
In the SRM for SECY-97-036," Millstone Lessons Learned Report, Part 2", the Commission directed the staff to develop regulatory guidance for ".. making the risk-informed decisions on information to be contained in the updated FSAR." That SRM also directed the staff to formulate an approach for granting 50.71(e) enforcement discretion to ensure that FSARs
"... reflect the most safety / risk significant issues first.. " and to'"... allow obsolete or less meaningful information and commitments to be readily removed from the FSAR." Similarly, in
' the SRM for SECY-97-205, "Integratica and Evaluation of Results from Recent Lessons-Learned Reviews", the Commission directed the staff to develop regulatory guidance for updating FSAR so that "... safety and risk significance should be used to support the prioritization for incorporation ofinformation to be included in the FSAR and to aid in the removal or relocation of obsolete or unnecessary information. (If the staff determines that rulemaking is necessary to remove or relocate information from the updated FS AR, this should be included in a separate expedited rulemaking package.)" I find it disturbing that these instructions have not been followed and no prostjustification has been provided. Based on this unequivocal Commission guidance, I request the staff to expeditiously develop a rulemaking package to allow the use of risk insights to determine the FSAR content and to aid in the removal or relocation of information from the FSAR. In the interim, the staff should exercise enforcement discretion, considering the risk or safety significance of the potential violation regarding compliance with 50.34(b) and/or 50.71(e), if a licensee removes "information not associated with a change" from the FSAR.
If a licensee has made a genuine effort, according to staff assessment, to bring its updated FSAR into compliance with the requirements in 50.71(e),I suggest that the enforcement discretion regarding the completeness and accuracy of the updated FSAR be treated the same way.
Namely, for high safety significance SSCs, the updated FSAR must be complete and accurate
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within 6 months of the regulatory guide issuance. For other information, the updated FSAR must be complete and accurate within 18 months of the regulatory guide issuance.
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