United States Nuclear Regulatory Commission - Protecting People and the Environment

General Information or Other Event Number: 38936
REP ORG: CONSUMERS ENERGY COMPANY NOTIFICATION DATE: 05/23/2002
SUPPLIER: CONSUMERS ENERGY COMPANY NOTIFICATION TIME: 15:41 [EDT]
CITY: JACKSON REGION: 3 EVENT DATE: 05/23/2002
COUNTY: STATE: MI EVENT TIME: [EST]
LICENSE#: AGREEMENT: NO LAST UPDATE DATE: 05/23/2002
DOCKET: PERSON ORGANIZATION
CHRISTINE LIPA R3
    JOHN TAPPERT NRR
    VERN HODGE NRR
NRC NOTIFIED BY: JARUNAS T. UDRYS    
HQ OPS OFFICER: LEIGH TROCINE    
EMERGENCY CLASS: NON EMERGENCY
10 CFR SECTION:
CCCC 21.21 UNSPECIFIED PARAGRAPH

EVENT TEXT

10 CFR PART 21 NOTIFICATION REGARDING THE SALE OF CONSUMERS ENERGY COMPANY MIDLAND UNIT 2 REACTOR PRESSURE VESSEL HEAD FOR USE AT DAVIS BESSE (Call the NRC operations officer for Consumers Energy Company contact information.)

The following text is a portion of a facsimile received from Consumers Energy Company:

"Consumers Energy Company (Consumers) has entered into an agreement with Framatome ANP, Inc. (FRA-ANP) and First Energy Services Company, for itself and as agent for First Energy Nuclear Operating Company, The Illuminating Company, and Toledo Edison Company (collectively 'First Energy'), to sell the Midland Unit 2 reactor pressure vessel (RPV) head to FRA-ANP for use at the Davis-Besse Nuclear Power Station. Upon consummation of that agreement which applied 10 CFR Part 21 to the transaction, Consumers determined that a conservative reading of 10 CFR Part 21 indicated that there could have been 'failure to comply' within the meaning of 10 CFR Part 21, e.g., because since 1986 when Midland Unit 2 was cancelled, the RPV head has not been maintained in accordance with the requirements of 10 CFR Part 50, Appendix B, 'Quality Assurance Criteria for Nuclear Power Plants and Fuel Reprocessing Plants.' Consumers is not in a position to make a definitive finding as to whether a substantial safety hazard was created. [...] This [information is] submitted by Consumers to fulfill the requirement for a written report to provide the information requested by 10 CFR  21.21(d)(4)."

"Also, in an abundance of caution, in accordance with 10 CFR  21.21(b), Consumers has informed FRA-ANP and First Energy that Consumers does not have the capability to perform an evaluation to determine whether any deviation relating to the Midland Unit 2 RPV head exists."

05/23/2002 U.S. Nuclear Regulatory Commission Operations Center Event Report Page 2

"Consumers understands that FRA-ANP and First Energy, as the purchasers, will conduct any evaluation required pursuant to 10 CFR  21.21(b) and undertake any needed corrective action."

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