NL-07-0092, Jeffrey T. Gasser Ltr. Re Vogtle, Units 1 and 2 - Appeal of Final Significance Determination for a White Finding (NRC Inspection Report Nos. 05000424-06-011 and 05000425-06-011)
| ML070190090 | |
| Person / Time | |
|---|---|
| Site: | Vogtle  |
| Issue date: | 01/12/2007 |
| From: | Gasser J Southern Nuclear Operating Co |
| To: | Reyes L NRC/EDO |
| References | |
| IR-06-011, NL-07-0092 | |
| Download: ML070190090 (2) | |
Text
Jeffrey T. Gasser Southern Nuclear Q /,
EDO Executive Vice President Operating Company. Inc.
DEDMRS and Chief Nuclear Officer 40 Inverness Center Parkway DEDR Post Office Box 1295 DEDIA Birmingham, Alabama 35201 A-Tel 205.992.7721 Fax 205.992.6165 SOUTHERN January 12, 2007 COMPANY Energy to Serve Your World' Docket Nos.:
50-424 NL-07-0092 50-425 Mr. Luis A. Reyes Executive Director of Operations U. S. Nuclear Regulatory Commission Washington, DC 20555-0001 Vogtle Electric Generating Plant - Units I and 2 Appeal of Final Significance Determination for a White Finding (NRC Inspection Report Nos. 05000424/2006011 and 05000425/2006011)
Dear Mr. Reyes:
On December 14, 2006, 1 notified you, by telephone, of Southern Nuclear Operating Company's ("SNC") intent to appeal the decision of the NRC Regional Administrator, dated November 30, 2006, upholding the Staff's White Finding and Notice of Violation for Vogtle Electric Generating Plant, dated September 18, 2006. Consistent with my earlier notification, SNC hereby invokes its right to appeal the Regional Administrator's decision, in accordance with NRC's Inspection Manual, Chapter 0609, Attachment 2
("IMC 0609.02"). SNC respectfully requests a public meeting for the purpose of making an oral presentation of its position on appeal. SNC also intends to supplement its oral presentation with a written submittal.
As previously stated in its Appeal to the Regional Administrator, SNC strongly believes that the Site Area Emergency declared by the Emergency Director ("ED") was the correct classification, and that the unintended consequences of the actions that the Staff, in the NOV and associated White Finding, suggests should have been taken by the ED would be contrary to sound nuclear safety principles, and would contravene vital lessons learned and years of progress made by the industry. Specifically, for the ED to reach the same conclusion as the NRC Staff, given the inability to maintain reactor coolant system
("RCS") inventory without Safety Injection flow, the ED would have had to ignore symptom-based procedural guidance; ignore multiple symptoms of the loss or potential loss of the RCS barrier; and utilize non-procedurally specified indicators; or inappropriately delay his decision until procedures attempted to re-establish normal RCS inventory control.
Such a non-symptom based decision-making approach or excessive delay in determining the Emergency Action Level classification, when applied to the numerous scenarios that could occur, would pose an unnecessary and unacceptable risk to public health and safety.
In SNC's view, this approach by the NRC sets a very troubling precedent related to accurate and timely emergency classification.
U. S. Nuclear Regulatory Commission NL-07-0092 Page 2 This letter contains no NRC commitments. If you have any questions, please advise..
- Sinceely, Jeffrey T. Gasser JTG/AFT/daj cc:
Southern Nuclear Operating Company Mr. J. B. Beasley, President & CEO Mr. T. E. Tynan, Vice President - Vogtle Ms. B. C. Terry, Vice President & General Counsel Ms. A. F. Thornhill, Managing Attorney & Compliance Manager Mr. D. P. Burford, Manager, Nuclear Fleet Security & Emergency Preparedness RType: CVC7000 U. S. Nuclear Regulatory Commission Dr. W. D. Travers, Regional Administrator Mr. R. E. Martin, NRR Project Manager - Vogtle Mr. G. J. McCoy, Senior Resident Inspector - Vogtle Ms. C. F. Evans, Regional Counsel/Enforcement Officer Mr. B. Bonser, Chief, Plant Support, Branch I Director, Office of Enforcement, USNRC Document Control Desk