ML111600077

Response to Request for Regulatory Conference or Public Management Meeting

ML111600077
Person / Time
Site:	Browns Ferry
Issue date:	06/07/2011
From:	Mccree V Region 2 Administrator
To:	Swafford P Tennessee Valley Authority
References
Download: ML111600077 (5)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION REGION II 245 PEACHTREE CENTER AVENUE NE, SUITE 1200 ATLANTA, GEORGIA 30303-1257 June 7, 2011 Mr. Preston D. Swafford Vice President, Nuclear Licensing Tennessee Valley Authority 1101 Market Street, LP 3R-C Chattanooga, TN 37402-2801

SUBJECT:

RESPONSE TO REQUEST FOR REGULATORY CONFERENCE OR PUBLIC MANAGEMENT MEETING

Dear Mr. Swafford:

Thank you for your letter dated June 2, 2011, concerning your request for a Regulatory Conference or public management meeting with the NRC.

In your letter TVA contended the following:

Since the statement of the performance deficiency changed significantly, then as a matter of law and fairness, the NRC must give notice of the change and an opportunity to address the new performance deficiency prior to the NRC making its final determination.

TVA specifically requested:

1. Another Regulatory Conference or a public management meeting be held to discuss the performance deficiency associated with the Red finding as described in Final Significance Determination of a Red Finding, Notice of Violation, and Assessment Follow-up Letter (NRC Inspection Report No. 05000259/2011008) Browns Ferry Nuclear Plant, dated May 9, 2011.

2. TVA further requests that the 30-day period from the May 9, 2011, letter for responding to the Notice of Violation and to appeal the significance determination be held in abeyance pending a Regulatory Conference or public management meeting.

In response to this letter, a phone conversation was conducted between the NRC and TVA on June 3, 2011. The following responses were discussed to address TVAs requests:

1. The NRC will not hold an additional Regulatory Conference or public management meeting for the purpose of discussing the performance deficiency (PD) associated with the Red finding. This decision was based on there being no legal basis for TVA to have another regulatory conference or a meeting for TVA to challenge the revised performance deficiency. Additionally, the conference calls held between the NRC and TVA on April 29 and May 3, and the TVA submittal on May 2 provided reasonable and fair opportunity for TVA to provide its view on the PD.

TVA 2

2. The Final Significance Determination Letter (ML111290482), dated May 9, 2011, specified a period of 30 days for TVA to appeal the staffs determination of significance for the identified Red finding. The 30 day period is considered a reasonable time, per the Reactor Oversight Process (ROP), to determine whether TVA would appeal, draft a letter, and submit the appeal, therefore no extension will be granted.

3. The NRC has indicated our willingness to support a meeting to discuss TVA's In-Service Testing program and/or TVA's overall corrective action strategy and plans to prepare for the IP 95003 inspection (Supplemental Inspection for Repetitive Degraded Cornerstones, Multiple Degraded Cornerstones, Multiple Yellow Inputs or One Red Input).

In accordance with 10 CFR 2.390 of the NRCs Rules of Practice, a copy of this letter, its enclosure, and your response, if you choose to provide one, will be made available electronically for public inspection in the NRC Public Document Room or from the NRCs document system (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. To the extent possible, your response should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the Public without redaction.

Should you have any questions concerning this letter or desire to schedule a meeting, please contact Mr. Eugene F. Guthrie, at (404) 997-4662.

Sincerely,

/RA By L. Wert For/

Victor M. McCree Regional Administrator Docket No.: 50-259 License No.: DPR-33 cc: See next page

_ ML111600077______ X SUNSI REVIEW COMPLETE G FORM 665 ATTACHED OFFICE RII:DRP RII:DRP RII:DRP NRR RII:ORA SIGNATURE /RA/ /RA/ /RA/ /RA By E-mail/ /RA/

NAME CKontz EGuthrie RCroteau FBrown LWert DATE 6/6/2011 6/7/2011 6/6/2011 6/6/2011 6/7/2011 E-MAIL COPY? YES NO YES NO YES NO YES NO YES NO YES NO YES NO TVA 3 cc contd:

K. J. Polson Senior Resident Inspector Site Vice President U.S. Nuclear Regulatory Commission Browns Ferry Nuclear Plant Browns Ferry Nuclear Plant Tennessee Valley Authority U.S. Nuclear Regulatory Commission Electronic Mail Distribution 10833 Shaw Road Athens, AL 35611-6970 C.J. Gannon General Manager Browns Ferry Nuclear Plant Tennessee Valley Authority Electronic Mail Distribution J. E. Emens Manager, Licensing Browns Ferry Nuclear Plant Tennessee Valley Authority Electronic Mail Distribution T. C. Matthews Manager, Corporate Nuclear Licensing -

BFN Tennessee Valley Authority Electronic Mail Distribution State Health Officer Alabama Dept. of Public Health RSA Tower - Administration Suite 1552 P.O. Box 30317 Montgomery, AL 36130-3017 E. J. Vigluicci Assistant General Counsel Tennessee Valley Authority Electronic Mail Distribution Chairman Limestone County Commission 310 West Washington Street Athens, AL 35611 James L. McNees, CHP Director Office of Radiation Control Alabama Dept. of Public Health P. O. Box 303017 Montgomery, AL 36130-3017

TVA 4 Letter to P. D. Swafford from Eugene F. Guthrie dated June 7, 2011

SUBJECT:

BROWNS FERRY NUCLEAR PLANT - NRC INTEGRATED INSPECTION REPORT 05000259/2011, 05000260/2011 AND 05000296/2011 Distribution:

C. Evans, RII EICS (Part 72 Only)

L. Douglas, RII EICS (Linda Douglas)

OE Mail (email address if applicable)

RIDSNRRDIRS PUBLIC RidsNrrPMBrownsFerry Resource R2DRP_RPB6