ML20210E538

Discusses Apparent Violations of Regulatory Requirements Re Seismic Design Errors Discovered on 810922,matl False Statement Made on 811103 & Other Potential Violations Identified During Design Reverification Program

ML20210E538
Person / Time
Site:	Diablo Canyon
Issue date:	02/24/1982
From:	Engelken R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION V)
To:	Deyoung R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
Shared Package
ML20209C222	List: ML20209C217 ML20210E460 ML20210E486 ML20210E515 ML20210E525 ML20210E538 ML20210E544 ML20210E562 ML20210E583 ML20210E602 ML20210E632 ML20210E649 ML20210E657 ML20210E671 ML20210E686 ML20210E697 ML20210E731 ML20210E749
References
FOIA-86-151 NUDOCS 8609250036
Download: ML20210E538 (2)

Text

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MEMORANDUM FOR: Richard C. DeYoung, Director, bffice of Inspection and Enforcement, HQ FROM: R. H. Engelken, Regional Administrator, Region V

SUBJECT:

APPARENT VIOLATIONS OF REGULATORY REQUIREMENTS IDENTIFIED AT DIABLO CANYON NUCLEAR POWER PLANT RELATED TO SEISMIC DESIGN ERRORS DISCOVERED ON SEPTEMBER 22, 1981; THE MATERIAL FALSE STATEMENT MADE ON NOVEMBER 3, 1981; AND OTHER POTENTIAL VIOLATIONS IDENTIFIED BY THE LICENSEE OR NRC DURING THE DESIGN REVERIFICATION PROGRAM The above subject matter has presented some unique enforcement issues that I believe to this point have been appropriately handled. However, i

several of the adverse findings identified through the licensee's current design reverification program may well constitute or otherwise reveal violations of regulatory requirements.

First, Region V's recommendation for escalated enforcement action related to the apparent violations of pertinent provisions of both 10 CFR 50, Appendices A and B and the apparent material false statement associated with the design error reported by the licensee on September 22, 1981, l has been forcefully dealt with by the order suspending the license and, therefore, further action would seem to be inappropriate. Although, I did not attend the Comission meeting in which the enforcement options were discussed, I believe that the Comission elected to defer considera-tion of other potential enforcement actions resulting from specific violations detected during the reverification program until their signifi-cance could be better evaluated.

Second, the recent issuance of the notice of violation and the schedul-ing of a meeting between senior NRC/PG&E officials to discuss and assure future accurate, and complete comunications adequately addressed the material false statements made by senior licensee representatives during the meeting with the NRC staff on November 3,1981.

Third, pending contrary instruction, from your office, I intend to delay I further recomendations for escalated or other type of enforcement action for apparent violttions of regulatory requirements identified as

Contact:

A. D. Johnson 463-3739 8609250036 860916 I

PDR FOIA HOLMES 86--151 PDR

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2 a result of the licensee's current seismic design reverification program until that program has been completed. At that time, the regional staff will evaluate the safety significance of the licensee's and the NRC's identified adverse findings, such as the failure to update and use the 1979 corrected Hosgri Seismic response spectra may have resulted in a y material false statement and violated NRC QA requirements. During our evaluation of the adverse findings, we will consider apparent violations of the QA requirements of 10 CFR 50 Appendix B, design requirements of 10 CFR 50 Appendix A, potential material false statements, and the reporting requirements prescribed in the regulations and the license.

Upon completion of our evaluation, we will forward our recommendations for enforcement action, if any violations are identified and if such action is appropriate in view of the circumstances.

Should my approach to these matters be inconsistent with the Commission's guidance or with IE policy, please let me know so that we may consider other alternatives.

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R. H. Engelken Regional Administrator cc: W. . Dircks EDO

. R. Denton, NRR J. Lieberman IE

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