96-21162. Northeast Nuclear Energy Company, (Millstone Nuclear Power Station Units 1, 2, and 3); Confirmatory Order Establishing Independent Corrective Action Verification Program (Effective Immediately)  

  • [Federal Register Volume 61, Number 162 (Tuesday, August 20, 1996)]
    [Notices]
    [Pages 43087-43091]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-21162]
    
    
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    NUCLEAR REGULATORY COMMISSION
    [Docket Nos. 50-245, 50-336, and 50-423; License Nos. DPR-21, DPR-65, 
    and NPF-49]
    
    
    Northeast Nuclear Energy Company, (Millstone Nuclear Power 
    Station Units 1, 2, and 3); Confirmatory Order Establishing Independent 
    Corrective Action Verification Program (Effective Immediately)
    
    I
    
        Northeast Nuclear Energy Company (Licensee) is the holder of 
    Facility Operating License Nos. DPR-21, DPR-65, and NPF-49 issued by 
    the Nuclear Regulatory Commission (NRC or Commission) pursuant to Title 
    10 of the Code of Federal Regulations (10 CFR) Part 50 on October 31, 
    1986,1 September 26, 1975, and January 31, 1986 respectively. The 
    licenses authorize the operation of Millstone Units 1, 2 and 3 in 
    accordance with conditions specified therein. All three facilities are 
    located on the Licensee's site in Waterford, Connecticut.
    ---------------------------------------------------------------------------
    
        \1\ Millstone Unit 1 was issued its provisional operating 
    license on October 7, 1970 and commenced operation on March 1, 1971. 
    This unit received a full term operating license on October 31, 
    1986.
    ---------------------------------------------------------------------------
    
    II
    
        On August 21, 1995, as supplemented August 28, 1995, the NRC 
    received a petition under 10 CFR 2.206 which requested that NRC shut 
    down Millstone Unit 1 and take enforcement action based upon alleged 
    violations of NRC requirements related to operation of the spent fuel 
    pool cooling systems and refueling practices. On November 4, 1995, the 
    Licensee shut down Millstone Unit 1 for a planned 50-day refueling 
    outage. During the fall of 1995, an NRC investigation of licensed 
    activities at Millstone Unit 1 identified potential violations 
    regarding refueling practices and the operation of the spent fuel pool 
    cooling systems of Millstone Unit 1. On December 13, 1995, the NRC 
    issued a letter to the Licensee requiring that it inform the NRC, 
    pursuant to Section 182a of the Atomic Energy Act of 1954, as amended, 
    and 10 CFR 50.54(f), with regard to Millstone Unit 1, of the actions it 
    would be taking to ensure that future operation of that facility would 
    be conducted in accordance with the terms and conditions of the plant's 
    operating license, the Commission's regulations, including 10 CFR 
    50.59, and the plant's Updated Final Safety Analysis Report (UFSAR).
        On February 20, 1996, the Licensee shut down Millstone Unit 2 when 
    both trains of the high pressure safety injection (HPSI) system were 
    declared inoperable due to the potential to clog the HPSI discharge 
    throttle valves during the recirculation phase following a loss-of-
    coolant accident (LOCA). On February 22, 1996, the Licensee issued 
    Adverse Condition Report (ACR) 7007--Event Response Team Report, which 
    describes in detail the underlying causes for numerous inaccuracies 
    contained in Millstone Unit 1's UFSAR. Those causes, as determined by 
    the Licensee, include the following: (1) Errors and omissions in the 
    original 1986/87 UFSAR; (2) failure of the administrative control 
    programs to address fully NRC requirements; (3) failure of the Licensee 
    to implement fully those administrative programs; (4) a pattern of 
    failure of Licensee management to correct identified weaknesses and 
    risks associated with the UFSAR and design bases; and (5) failure of 
    Licensee oversight to identify this pattern to management, the 
    significance of the pattern itself, or the ineffectiveness of 
    corrective actions to prevent its recurrence. The report acknowledged 
    that, due to the nature of these identified causes, the potential 
    existed for the presence of similar configuration management problems 
    at Connecticut Yankee and Millstone Units 2 and 3.
        In response to the Licensee's ACR 7007 and the NRC's own ongoing 
    inspections, evaluations and investigations, on March 7, 1996, the NRC 
    issued a letter to the Licensee requiring that it inform the NRC, 
    pursuant to Section 182a of the Atomic Energy Act of 1954, as amended, 
    and 10 CFR 50.54(f), with regard to Millstone Unit 2, of the actions it 
    would be taking to ensure that future operation of that facility would 
    be conducted in
    
    [[Page 43088]]
    
    accordance with the terms and conditions of the plant's operating 
    license, the Commission's regulations, including 10 CFR 50.59, and the 
    plant's UFSAR. The letter stated that this information was to be 
    submitted no later than 7 days prior to the Unit's restart (prior to 
    criticality) from its current outage. The Millstone Unit 2 letter also 
    described findings the NRC had made in recent inspections of that 
    facility which suggested that significant operability and design 
    concerns remained, including the HPSI issue identified above, as well 
    as inadequate containment sump screen mesh and a flawed post-accident 
    containment hydrogen monitor design.
        On March 7, 1996, the NRC also issued a 50.54(f) letter to the 
    Licensee regarding the Millstone Unit 3 plant, which was then operating 
    at full power. In that letter, the NRC noted that it did not have an 
    inspection history at Millstone Unit 3 that revealed design 
    deficiencies similar in number and nature to that of Millstone Units 1 
    and 2. Nonetheless, the NRC concluded that it required additional 
    information, within 30 days of the date of the letter, including the 
    Licensee's plans and actions to address the implications of ACR 7007 
    for Millstone Unit 3, as well as the Licensee's plans and schedules to 
    ensure that future operation of the unit would be conducted in 
    accordance with the Commission's regulations, the terms and conditions 
    of the operating license, and the facility UFSAR.
        Following the March 7 letter, the NRC conducted a special 
    inspection at Millstone Unit 3 that identified design and other 
    deficiencies similar to those reported in ACR 7007 and by the NRC at 
    the other Millstone units. On March 30, 1996, Unit 3 was shut down 
    after it was determined that containment isolation valves for the 
    auxiliary feedwater (AFW) turbine-driven pump were inoperable due to 
    the valves' noncompliance with NRC requirements. Shortly thereafter, 
    while still shut down, the Licensee discovered that the facility had 
    been operating in a condition outside its design basis due to the 
    Licensee's failure to adequately address design temperature conditions 
    in the stress calculations for the Containment Recirculation Spray 
    System (RSS) piping and supports. Both of these deficiencies had 
    existed for over ten years, since initial operation of the facility. 
    All three Millstone Units remain shut down.
        On April 4, 1996, the NRC issued a second letter to the Licensee, 
    pursuant to 10 CFR 50.54(f), with regard to Millstone Unit 3, similar 
    to those issued for Millstone Units 1 and 2. The letter described 
    programmatic issues and design deficiencies identified during the NRC's 
    ongoing special inspection of the plant that were similar in nature to 
    those present at Millstone Units 1 and 2. These included the 
    inoperability of the turbine-driven AFW pump during startup and 
    shutdown, the failure to remove plastic shipping plugs from Rosemount 
    transmitters, the failure to correct a degraded non-safety battery, 
    inadequate control of the modification of the service water system, and 
    the potential for introduction of foreign material into the containment 
    sump. In addition, the letter noted Licensee-identified design 
    deficiencies in the AFW containment isolation valves and RSS that had 
    existed for more than 10 years. As in the case of the Millstone Unit 1 
    and 2 letters, as described above, the Licensee was required to provide 
    the NRC, no later than 7 days prior to the Unit's restart, with 
    information necessary to assure the NRC that the plant will be operated 
    in conformance with the terms and conditions of the plant's operating 
    license, the Commission's regulations, including 10 CFR 50.59, and the 
    plant's UFSAR.
        On May 21, 1996, pursuant to 10 CFR 50.54(f), the NRC issued a 
    letter to the Licensee requiring specific information regarding design 
    and configuration deficiencies identified at each of the Millstone 
    units as well as a detailed description of the Licensee's plans for 
    completion of the work required to respond to the NRC's letters of 
    December 13, 1995, March 7, 1996, and April 4, 1996. The NRC required 
    this information to be submitted within 30 days of the date of the 
    letter for the first unit that the Licensee proposed to restart and not 
    later than 60 days prior to the Licensee's proposed restart for the 
    remaining Millstone units.
        Based upon the Licensee's assessment of the extent and scope of 
    identified design control problems at Millstone Station, the Licensee 
    decided to focus its near-term efforts on restart of Millstone Unit 3. 
    In a letter dated June 20, 1996, the Licensee responded to the NRC's 
    May 21, 1996, letter and informed NRC that Millstone Unit 3 would be 
    the first Millstone unit the Licensee proposed to restart. In 
    Attachment 1 to its June 20 response, the Licensee listed 881 design 
    and configuration deficiencies identified since issuance of ACR 7007 
    and entered into the Licensee's Deficiency Review Team Report database 
    as of June 13, 1996. The Licensee designated 378 items to be corrected 
    prior to restart of Millstone Unit 3. The Licensee determined that the 
    items it had designated for correction prior to restart, if not 
    corrected, could impact upon operability of required equipment, raise 
    unreviewed safety questions, or indicate discrepancies between the 
    plant's UFSAR and the as-built plant or operating procedures.
        In the June 20 letter, the Licensee also described its own 
    Configuration Management Plan (CMP), intended to provide reasonable 
    assurance that the future operation of Millstone Units 1, 2, and 3 will 
    be conducted in accordance with the terms and conditions of their 
    applicable operating licenses, UFSARs and NRC regulations. The CMP 
    includes efforts to understand licensing and design basis issues which 
    led to issuance of the 50.54(f) letters and actions to prevent those 
    issues' recurrence. Additionally, the Licensee described its CMP 
    objective to clearly document and meet the units' licensing and design 
    basis requirements, and its intention to ensure that adequate programs 
    and processes exist to maintain control of licensing and design basis 
    requirements.
        On July 2, 1996, the Licensee supplemented its June 20, 1996 
    response to NRC's May 21, 1996 50.54(f) letter. The Licensee provided 
    additional information on Millstone Unit 3 deficiencies previously 
    reported, identified revisions to its plans and committed to complete a 
    review to identify and correct, as necessary, Millstone Unit 3 UFSAR 
    deficiencies prior to restart. The Licensee reported a substantial 
    increase in the total number of identified design and configuration 
    management discrepancies (1187 items), and an increase in those 
    proposed by the Licensee for corrective action prior to restart (597 
    items).
        As the Licensee's own submissions and NRC inspections indicate, 
    significant design control deficiencies and degraded and non-conforming 
    conditions have been identified at Millstone Units 1, 2, and 3. The 
    staff has identified three major types of design control problems which 
    exist at all three Millstone plants. Specific examples of deficiencies 
    at each plant in each of the categories are provided below.
    
    1. Errors in Licensing/Design Basis Documentation
    
        The NRC identified errors in the UFSARs for Millstone Units 1, 
    2, and 3. For example, at Millstone Unit 3, the protective relay 
    settings and calculations for 4kv safety-related motor feeders were 
    not set consistent with the UFSAR. At Millstone Unit 2, the UFSAR 
    indicated that certain non-essential loads of the reactor building 
    closed cooling water (RBCCW) system inside containment were 
    automatically isolated during a sump recirculation actuation signal 
    when in fact the associated isolation valves received no
    
    [[Page 43089]]
    
    automatic isolation signal. Additionally, the RBCCW flow rates 
    assumed in the accident analyses were non-conservative with respect 
    to the actual system flow rates.
        In addition, the NRC found instances of modifications that were 
    completed without implementing required revisions to the UFSAR. For 
    example, the Licensee revised the Millstone Unit 3 Technical 
    Specifications (TS) in January 1995 to change the testing frequency 
    of the auxiliary feed pumps from monthly to quarterly, but did not 
    update the UFSAR to reflect the change.
        At Unit 1, the Licensee failed to perform and document a safety 
    evaluation for an electrical separation deficiency associated with a 
    feedwater regulating valve interlock. This deficiency was not 
    corrected and constituted a change to the design of the facility as 
    described in the UFSAR. Also, the Licensee's assessment of the need 
    for upgrades to the intake structure ventilation system was 
    inadequate. Specifically, insufficient heat removal capability 
    existed under several postulated scenarios.
        At Unit 2, the NRC found that the UFSAR had not been updated to 
    reflect that the intake structure design temperature could not be 
    met following a loss of non-vital exhaust fans.
        Furthermore, while the Millstone Unit 3 UFSAR documented that 
    the design bases for the containment heat removal systems had been 
    established in accordance with specific general design and code 
    criteria, portions of these systems were found to violate certain 
    analytical stress considerations. Specifically, the recirculation 
    spray system (RSS) pipe supports inside containment were not 
    designed to withstand a single failure of a supporting service water 
    train. Also, both the RSS and quench spray systems were found to 
    contain pipe supports for which ASME Code stress allowables would be 
    exceeded during design basis accident temperature conditions within 
    the Unit 3 containment building.
    
    2. Failure To Translate Design Bases to Procedures and Hardware
    
        The NRC found instances where the Licensee did not adequately 
    translate design basis information into procedures, practices, 
    hardware and drawings. For example, at Millstone Unit 1, the reactor 
    pressure assumed as an initial condition in the accident analyses 
    was exceeded during reactor power operation. At Unit 3, a 
    modification that installed the service water intake structure sump 
    pump called for specific periodic testing, but such testing was 
    never performed. In another case at Unit 3, prelubrication of the 
    AFW pump was not performed every 40 days as required by the vendor.
        As noted in the NRC's letter of December 13, 1995, at Millstone 
    Unit 1, the Licensee's core offload practices were not consistent 
    with the Unit's UFSAR. Specifically the heat load assumptions were 
    not maintained as a result of full core offloads performed sooner 
    than the required delay time after reactor shutdown.
        Also at Unit 1, measures established to ensure that the design 
    bases were satisfied for control room habitability were not adequate 
    in that the means for maintaining viable self-contained breathing 
    apparatus capability for each person in the control room were not 
    translated into procedures. In addition, the Licensee failed to 
    translate the design bases for the Unit 1 standby gas treatment 
    system (SGTS) into design specifications, and failed to perform 
    comprehensive pre-operational testing of the SGTS to ensure that it 
    met its design specifications.
        At Millstone Unit 2, the Licensee failed to adequately update 
    the surveillance requirements to reflect modifications to contact 
    positions in the anticipated transient without scram (ATWS) 
    mitigating system actuating circuitry. Also at Unit 2, the procedure 
    requirements for the time of initiation of hydrogen monitoring 
    following a LOCA were not consistent with the licensing and design 
    bases.
        In addition, there were a number of instances where the original 
    design basis was inadequate or the original installation was 
    incorrect. For example, at Units 2 and 3, the Licensee failed to 
    remove plastic shipping plugs from Rosemount transmitters prior to 
    installation, notwithstanding the vendor's instructions which 
    required those plugs' replacement with stainless steel plugs. At 
    Unit 2, the NRC found that nuclear instrumentation and post-LOCA 
    hydrogen monitors were not single-failure proof.
        At Millstone Unit 2, the Licensee's inspection of the 
    containment sump screen mesh revealed that debris larger than the 
    size specified in the design basis could pass through with potential 
    adverse consequences to the operability of the emergency core 
    cooling systems. The NRC also identified that the post-accident 
    containment hydrogen monitor design at Millstone Unit 2 was flawed 
    in that insufficient sample flow would be available at low 
    containment pressures when the monitor must be operable.
        Also at Unit 2, when it was found that postulated failures of 
    the non-vital intake structure ventilation systems could cause the 
    intake structure ambient temperature to exceed the design basis, the 
    Licensee did not perform appropriate evaluations relative to the 
    design basis before concluding that no modifications to equipment or 
    the design basis were needed.
    
    3. Inadequate Engineering and Modifications
    
        The NRC identified a number of instances in which a modification 
    was not installed in accordance with the design, a modification was 
    inadequate, or a modification was based on incorrect design 
    assumptions. In one example at Millstone Unit 1, the Licensee failed 
    to maintain the design bases for the loss of normal power (LNP) 
    logic. Specifically, a modification resulted in a single failure 
    vulnerability of the LNP logic that would have prevented both 
    emergency power sources from properly starting and sequencing the 
    required loads. The Licensee also revised the Unit 1 maximum spent 
    fuel pool temperature through an amendment to the Technical 
    Specifications but failed to evaluate the impact of the change on 
    the SGTS.
        At Millstone Unit 2, both trains of service water were rendered 
    inoperable when the strainer backwash line froze due to an 
    undocumented modification that extended the backwash line through an 
    opening under the wall to a point just outside the intake structure.
        Also at Millstone Unit 2, the NRC identified that both trains of 
    the post-accident sampling system have been inoperable since the 
    steam generator replacement modification because higher containment 
    pressures would have delayed taking a containment sample for 24 
    hours.
        At Millstone Unit 3, the Licensee prepared a modification 
    package for the high pressure safety injection thermal relief valves 
    which relied on incorrect design assumptions because a previous 
    modification had revised the design. In addition, the Licensee had 
    no approved calculation to demonstrate the adequacy of the station 
    blackout diesel generator battery at Millstone Unit 3.
    
        Although the Licensee's own programs, such as the CMP, are intended 
    to correct existing and prevent future deficiencies at the facilities, 
    I have concluded that these programs by themselves are not sufficient, 
    given the Licensee's history of poor performance in ensuring complete 
    implementation of corrective action for both known degraded and non-
    conforming conditions and past violations of NRC requirements. In 
    addition, the magnitude and scope of the design and configuration 
    deficiencies currently being identified indicate multiple significant 
    failures to comply with NRC regulations (e.g., 50.59, 50.71(e), etc.) 
    The Licensee's history of poor performance, coupled with the magnitude 
    and scope of its failure to maintain and control conformance of 
    Millstone Units 1, 2, and 3 to their design bases, require resolution 
    prior to plant restarts.
        The extent and duration of the deficiencies identified also 
    indicate ineffective implementation of the Licensee's oversight 
    programs, including the NRC-approved quality assurance (QA) program. 
    Effective oversight activities should have identified and led to 
    corrective measures for design control deficiencies. One conclusion of 
    ACR 7007 was that the Licensee's oversight organizations (Review 
    Boards, Quality Assessment Section (QAS), Independent Safety 
    Engineering Group, and Operating Experience) did not identify the 
    pattern of Millstone Unit 1 UFSAR discrepancies to management; nor did 
    they identify the significance of the pattern, or the effectiveness of 
    corrective actions to prevent recurrence. In a July 2, 1996 letter to 
    the NRC, the Licensee provided the preliminary findings of an 
    independent Root Cause Evaluation Team chartered to determine the 
    causes for these oversight failures. The team
    
    [[Page 43090]]
    
    found that there was no history of escalating issues effectively and 
    that QAS operated in an environment that did not lend itself to 
    resolution of QAS-identified problems. Such findings of program 
    weaknesses that represent poor oversight functions are not recent. It 
    is apparent that the Licensee was aware of significant weaknesses in 
    its oversight functions as early as 1991 and took no effective actions 
    to correct those weaknesses. The Licensee's Performance Task Group 
    Final Report, issued in September 1991, and Procedure Compliance Task 
    Force Final Report, issued in October 1991, identified significant 
    programmatic weaknesses affecting configuration management that either 
    went unnoticed or were not corrected by the Licensee oversight 
    functions.
        It is necessary to ensure that the Licensee's programs to correct 
    design control failures at Millstone Units 1, 2 and 3 are effective and 
    that identification of degraded and non-conforming conditions and 
    implementation of corrective actions are satisfactory and can 
    effectively preclude repetition of these failures. For this reason, the 
    NRC requires an independent verification of the adequacy of the results 
    of the programs currently being implemented by the Licensee which are 
    directed at resolving existing design and configuration management 
    deficiencies. Accordingly, the Commission in this Order directs the 
    Licensee to obtain the services of an organization, independent of the 
    Licensee and its design contractors, to conduct a multi-disciplinary 
    review of Millstone Units 1, 2, and 3. The review is to provide 
    independent verification that, for the selected systems, the Licensee's 
    CMP has identified and resolved existing problems, documented and 
    utilized licensing and design bases, and established programs, 
    processes and procedures for effective configuration management in the 
    future. This review must be comprehensive, incorporating appropriate 
    engineering disciplines, such that the NRC can be confident that the 
    Licensee has been thorough in identification and resolution of 
    problems.
    
    III
    
        On August 12, 1996, a transcribed meeting was conducted between the 
    Licensee and the NRC staff regarding this matter. In response to the 
    staff's concerns, the Licensee subsequently submitted a letter dated 
    August 13, 1996, in which it agreed and committed to take a number of 
    actions with respect to Millstone Units 1, 2, and 3. Specifically, the 
    Licensee committed to have an independent team conduct an Independent 
    Corrective Action Verification Program (ICAVP) at Millstone Units 1, 2, 
    and 3. The Licensee committed that the corrective action verification 
    program will include: (1) Conduct of an in-depth review of selected 
    systems which will address control of the design and design basis since 
    issuance of the operating license for each unit; (2) selection of 
    systems for review based on risk/safety based criteria similar to those 
    used in implementing the Maintenance Rule (10 CFR 50.65); (3) 
    development and documentation of an audit plan that will provide 
    assurance that the quality of results of the Licensee's problem 
    identification and corrective action programs on the selected systems 
    is representative of and consistent with that of other systems; (4) 
    procedures and schedules for parallel reporting of findings and 
    recommendations by the ICAVP team to both the NRC and the Licensee; and 
    (5) procedures for the ICAVP team to comment on the Licensee's proposed 
    resolution of the findings and recommendations. The Licensee also 
    committed to the scope of the ICAVP review, encompassing modifications 
    to the selected systems since initial licensing, including: (1) A 
    review of engineering design and configuration control processes; (2) 
    verification of current, as-modified plant conditions against design 
    basis and licensing basis documentation; (3) verification that design 
    and licensing bases requirements are translated into operating 
    procedures, and maintenance and test procedures; (4) verification of 
    system performance through review of specific test records and/or 
    observation of selected testing of particular systems; and (5) review 
    of proposed and implemented corrective actions for Licensee-identified 
    design deficiencies.
        I find that the Licensee's agreements and commitments as set forth 
    in its letter of August 13, 1996 are acceptable and necessary.
        In view of the foregoing, I have determined that public health and 
    safety require that the Licensee's agreements and commitments in its 
    August 13, 1996 letter be confirmed by this Order. The Licensee has 
    agreed to this action. Pursuant to 10 CFR 2.202, I have also 
    determined, based on the significance of the matters described above, 
    as well as on the Licensee's consent, that the public health and safety 
    require that this Order be immediately effective.
    
    IV
    
        Accordingly, pursuant to Sections 103, 104, 161b, 161i, 161o, 182 
    and 186 of the Atomic Energy Act of 1954, as amended, and the 
    Commission's regulations in 10 CFR 2.202 and 10 CFR Part 50, It is 
    hereby ordered, effective immediately, That:
        1. The Licensee shall implement an Independent Corrective Action 
    Verification Program (ICAVP) for each Millstone Unit to confirm that 
    the plant's physical and functional characteristics are in conformance 
    with its licensing and design bases. The ICAVP review shall begin after 
    the Licensee has completed the problem identification phase of the CMP, 
    including the activities of the QA organization. The ICAVP shall be 
    performed and completed for each Unit, to the satisfaction of the NRC, 
    prior to the Unit's restart.
        2. The ICAVP is to be conducted by an independent verification team 
    whose selection must be approved by the NRC. The ICAVP team shall 
    provide input on its findings on an ongoing basis concurrently to both 
    the Licensee and the NRC. The ICAVP team shall also periodically 
    provide to the NRC its comments on the Licensee's proposed resolution 
    of the team's findings and recommendations.
        3. The ICAVP team shall provide for NRC review and approval, prior 
    to implementation, a plan for the conduct of the team's review. The 
    plan must describe (a) the conduct of an in-depth review of selected 
    systems' design and design bases since issuance of the facilities' 
    operating licenses; (b) risk/safety based criteria for selection of 
    systems for review; (c) a description of the audit plan to provide 
    assurance that the quality of results of the Licensee's problem 
    identification and corrective action programs on the selected systems 
    is representative of and consistent with that of other systems; (d) 
    procedures and schedules for parallel reporting of findings of the 
    ICAVP team to both the NRC and the Licensee; and (e) procedures for the 
    ICAVP team to comment on the Licensee's proposed resolution of the 
    team's findings and recommendations. The scope of the ICAVP effort 
    shall encompass all modifications made to the selected systems since 
    initial licensing, and shall include: (1) Review of engineering design 
    and configuration control processes, (2) verification of current, as-
    modified conditions against design and licensing basis documentation, 
    (3) verification that the design and licensing bases requirements have 
    been translated into operating procedures, and maintenance and test 
    procedures, (4) verification of system performance through review of 
    specific test records and/or observation of selected testing, and (5) 
    review of proposed and
    
    [[Page 43091]]
    
    implemented corrective actions for licensee-identified design 
    deficiencies.
        4. The Licensee shall provide written replies to the Regional 
    Administrator, Region I and the Director, Office of Nuclear Reactor 
    Regulation, addressing ICAVP team findings and recommendations 
    discussed in reports made pursuant to item 3(d) above. The Licensee's 
    written replies to ICAVP team findings and recommendations shall 
    include a statement of agreement or disagreement with reasons for each 
    ICAVP finding or recommendation, and of the status of implementation of 
    corrective actions. Subsequent written replies shall be made until all 
    corrective actions are implemented.
        The Director, Office of Nuclear Reactor Regulation, may, in 
    writing, relax or rescind this order upon demonstration by the Licensee 
    of good cause.
    
    V
    
        The Licensee has, as described above, consented to the issuance of 
    this Order and waived its right to request a hearing. Thus, any person 
    adversely affected by this Order, other than the Licensee, may request 
    a hearing within 20 days of its issuance. Where good cause is shown, 
    consideration will be given to extending the time to request a hearing. 
    A request for extension of time must be made in writing to the 
    Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, 
    Washington, DC 20555, and include a statement of good cause for the 
    extension. Any request for a hearing shall be submitted to the 
    Secretary, U.S. Nuclear Regulatory Commission, ATTN: Chief, Docketing 
    and Service Section, Washington, DC 20555. Copies of the hearing 
    request shall also be sent to the Director, Office of Enforcement, U.S. 
    Nuclear Regulatory Commission, Washington, DC 20555, to the Assistant 
    General Counsel for Hearings and Enforcement at the same address, to 
    the Regional Administrator, NRC Region I, 475 Allendale Road, King of 
    Prussia, PA 19406-1415, and to the Licensee. If such a person requests 
    a hearing, that person shall set forth with particularity the manner in 
    which his interest is adversely affected by this Order and shall 
    address the criteria set forth in 10 CFR 2.714(d).
        If a hearing is requested by a person whose interest is adversely 
    affected, the Commission will issue an Order designating the time and 
    place of any hearings. If a hearing is held, the issue to be considered 
    at such hearing shall be whether this Confirmatory Order should be 
    sustained.
        In the absence of any request for hearing, or written approval of 
    an extension of time in which to request a hearing, the provisions 
    specified in Section IV above shall be final 20 days from the date of 
    this Order without further order or proceedings. If an extension of 
    time for requesting a hearing has been approved, the provisions 
    specified in Section IV shall be final when the extension expires if a 
    hearing request has not been received. AN ANSWER OR A REQUEST FOR 
    HEARING SHALL NOT STAY THE IMMEDIATE EFFECTIVENESS OF THIS ORDER.
    
        Dated at Rockville, Maryland, this 14th day of August, 1996.
    
        For the Nuclear Regulatory Commission.
    William T. Russell,
    Director, Office of Nuclear Reactor Regulation.
    [FR Doc. 96-21162 Filed 8-19-96; 8:45 am]
    BILLING CODE 7590-01-P
    
    
    

Document Information

Published:
08/20/1996
Department:
Nuclear Regulatory Commission
Entry Type:
Notice
Document Number:
96-21162
Pages:
43087-43091 (5 pages)
Docket Numbers:
Docket Nos. 50-245, 50-336, and 50-423, License Nos. DPR-21, DPR-65, and NPF-49
PDF File:
96-21162.pdf