RS-15-249, Request for Extension to Submit an Appeal

Request for Extension to Submit an Appeal

ML15252A495
Person / Time
Site:	Clinton
Issue date:	09/09/2015
From:	Simpson P Exelon Generation Co
To:	Document Control Desk, NRC/RGN-III
References
IR 2015009, RS-15-249
Download: ML15252A495 (2)

Text

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Exelon Generation" RS-15-249 September 9, 2015 U. S. Nuclear Regulatory Commission ATIN: Regional Administrator Region Ill 2443 Warrenville Road Suite 210 Lisle, Illinois 60532 Clinton Power Station, Unit 1 Facility Operating License No. NPF-62 NRC Docket No. 50-461

Subject:

Request for Extension to Submit an Appeal

References:

( 1) Letter from Cynthia D. Pederson (NRC) to Bryan C. Hanson (Exelon Generation Company, LLC),, "Final Significance Determination of a White Finding with Assessment Followup and Notice of Violation; NRC inspection Report No. 05000461/2015009; Clinton Power Station," dated August 11, 2015 (2) Letter from Anne T. Boland (NRC) to Bryan C. Hanson (Exelon Generation Company, LLC),, 11 Clinton Power Station - NRC Integrated Inspection Report 05000461/2015001 and Preliminary White Finding," dated May 13, 2015 In Reference 1, the NRC provided the final significance determination of the preliminary White finding discussed in Reference 2. The finding involved the failure of the Division 3 Shutdown Service Water (SX) system pump to perform its intended safety function. Reference 1 went on to state that an appeal of the NRC's determination should be submitted within 30 calendar days from the date of Reference 1 (i.e., by September 10, 2015).

Exelon Generation Company, LLC, (EGC) requests an extension of 1O days from September 10, 2015, to submit an appeal. In its final determination, the NRC changed the performance deficiency from what was originally stated in Reference 1 based on the information shared at and following the June 25, 2015 Regulatory Conference. As a result, EGC is still evaluating the merits of an appeal for the basis of the White finding. Specifically, EGC is particularly concerned over the reasonableness of holding a licensee accountable for the actions of a qualified vendor manufacturing components under its own 10 CFR 50, Appendix B, quality assurance program who supplies a component (i.e., Division 3 SX pump) to a licensee that subsequently fails through no fault of the licensee. This determination by the NRC has the potential to set an adverse precedent for the nuclear industry with respect to the level of detail

June 24, 2015 U. S. Nuclear Regulatory Commission Page 2 reasonable for a licensee to specify in a procurement document for a safety-related structure, system, or component. As such, EGC desires additional time to fully consider the ramifications of not appealing the NRC's final determination.

This letter contains no new regulatory commitments. If you have any questions concerning this letter, please contact me at (630) 657-2823.

Respectfully, Patrick R. Simpson Manager - Licensing Exelon Generation Company, LLC cc: NRC Document Control Desk NRC Senior Resident Inspector- Clinton Power Station Illinois Emergency Management Agency - Division of Nuclear Safety