ML20214N504

Requests Legal Interpretation of Intent of 10CFR50.54(y) to Clarify & Resolve Concerns Re Question of Who Has Ultimate Responsibility for Plant Response in Emergency Situation Per 10CFR50.54(x)

ML20214N504
Person / Time
Site:	Big Rock Point File:Consumers Energy icon.png
Issue date:	09/11/1986
From:	Frisch R CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.)
To:	Office of Nuclear Reactor Regulation
References
NUDOCS 8609160327
Download: ML20214N504 (2)

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@rewaums nlKJNEnW5 PRDERE55 Power General offices: 1945 West Parnali Road, Jackson. MI 49201 . (517) 788-0550 September 11, 1986 Director, Nuclear Reactor Regulation US Nuclear Regulatory Commission Washington, DC 20555 DOCKET 50-155 - LICENFE DPR BIG ROCK POINT PLANT -

REQUEST FOR LEGAL INTERPRETATION OF THE INTENT OF 10CFR50.54(y)

The Code of Federal Regulations, in 10CFR50.54(x), allows licensees to deviate from license conditions or technical specifications during emergency situa-tions when immediate action is needed for protection of the public and no actions consistent with license conditions or technical specifications that can provide equivalent protection are immediately apparent. Implementation or use of 10CFR50.54(x) is restricted by 10CFR50.54(y) which requires that the actions permitted by paragraph (x) be approved, as a minimum, by a licensed senior operator prior to taking the action. Compliance with these require-ments raises concerns for s'Tich we are asking for an NRC legal interpretation.

These concerns are centered around a question of who has the ultimate responsibility for plant response in an emergency situation: the Site Emergency Director, who may not be a licensed senior operator; or the Shift Supervisor, who is a licensed senior operator. The individual who has the ultimate responsibility would make the final decision on whether or not 10CFR50.54(x) is implemented. This decision may, or may not have the approval of a licensed senior operator. If the decision does not have the approval of a licensed senior operator, is the Shift Supervisor required to implement the action? Should subsequent evaluation determine the action to have been imprudent or incorrect, what are the legal consequences for the Shift Supervisor regarding his legal responsibilities under his senior operator's license.

! For clarity, these concerns are expressed from another perspective for a hypothetical scenario. During an emergency situation, the Site Emergency Director with the concurrence of his technical support staff, ascertains the need to complete an action which is a recognized violation of a technical i specification. This decision is forwarded to the Shift Supervisor for 8609160327 860911 PDR ADOCK 050001S5 OC0986-0145-NLO2 F PDR qo

Director, Nuclear Reactor Regulation 2 Big Rock Point Plant Request for Legal Interpretation - 10CFR50.54(y)

September 11, 1986 implementation. Independent of the Site Emergency Director's decision making process, the Shift Supervisor also recognizes the need to complete an action which produces the same end result but utilizes a different method. The Shift Supervisor's method is also a recognized violation of a technical specification. This results in a real difference of opinion between the Site Emergency Director and the Shift Supervisor. Is the Shift Supervisor required )

to implement the Site Emergency Director decision even though he disagrees with it? If subsequent evaluation determines the Site Emergency Director decision to have been wrong and the Shift Supervisor did implement it, who (ie, the initiator or the impiegenter) would be at fault and subject to potential enforcement sanctions?

In more general terms, the concerns reduce to, in what situations, if any, is a licensed senior operator required to take direction from a nonlicensed individual, and if there are situations, who is liable for wrong decisions?

These concerns evolved during a practice Site Emergency Plan exercise and are a general concern of Consumers Power Company licensed operators. They have been discussed with the Big Rock Point Project Manager and Region III Emergency Planning Section. From the view of a licensed operator, a NRC legal interpretation will provide clear direction for resolution of these concerns.

4 yA4d m Ra1 R risch Senior Licensing Analyst CC Administrator, Region III, USNRC NRC Resident Inspector - Big Rock Point Plant OC0986-0145-NLO2

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