05000317/FIN-2009005-05
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Finding | |
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Title | Licensee-Identified Violation |
Description | During Constellations root cause investigation, performed in response to a White emergency preparedness finding documented in NRC Inspection Report Nos. 05000317/2008502, 050031812008502, they identified the following violation of very low safety significance (Severity Level IV), which meets the criteria of Section VI of the NRC Enforcement Policy, for being dispositioned as a non-cited violation (NCV). 10 CFR 50.54(q) states in part, A licensee authorized to possess and operate a nuclear power reactor shall follow and maintain in effect emergency plans which meet the standards in 50.47(b) and the requirements in Appendix E of this part. The nuclear power reactor licensee may make changes to these plans without Commission approval only if the changes do not decrease the effectiveness of the plans and the plans, as changed, continue to meet the standards of 50.47(b) and the requirements of Appendix E to this part. 10 CFR 50.47(b)(4) states in part, A standard emergency classification and action level scheme, the bases of which include facility system and effluent parameters, is in use by the nuclear facility licensee ..... Contrary to the above, the licensee decreased the effectiveness of their emergency plan as a result of revising classifiable conditions in three emergency action levels (EALs) and did not request Commission approval. The three EAL deviations were: The OC diesel generator (DG) is required to support safe shutdown as defined in NEI 99-01, Revision 4, EALs, yet the OC DG Building was omitted from the Calvert Cliffs EALs as a Safe Shutdown Area; NEI 99-01, Revision 4, requires an EAL for high radiation levels in areas requiring continuous occupancy, yet the Calvert Cliffs EALs omitted the Central Alarm Station and the Secondary Alarm Station; and, NEI 99-01, Revision 4, requires an EAL for the inability to maintain the plant in a Cold Shutdown given an unplanned event that results in a reactor coolant system pressure increase, yet the Calvert Cliffs EALs did not provide the EAL at the defined 10 psig pressure increase threshold. Constellation addressed these issues, including corrective actions, in condition report IRE-027-361. Changing an emergency plan resulting in a decrease in effectiveness (DIE) of the plan without prior Commission approval impacts the NRCs ability to perform its regulatory function and is therefore processed through traditional enforcement, as specified in Section IV.A.3 of the Enforcement Policy, issued April 18, 2005. In accordance with Enforcement Policy Supplement VIII, this violation is appropriately characterized as Severity Level IV because, although these three EALs could not have been implemented as approved, the NRC determined proper declaration would have been made based on redundant EALs or based on co-existing conditions, and planning standard 10 CFR 50.47(b)(4) was met. None of the affected EALs involved a classification higher than the Alert level. These changes directly affected the planning standard for assessment capability at Calvert Cliffs, but this problem was isolated to three EALs and was not indicative of a functional problem with the EAL scheme. Because this violation was of very low safety significance, was not repetitive or willful, and was entered into the licensees corrective action program, this violation is being treated as an NCV, consistent with the NRC Enforcement Policy. |
Site: | Calvert Cliffs |
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Report | IR 05000317/2009005 Section 4OA7 |
Date counted | Dec 31, 2009 (2009Q4) |
Type: | NCV: Green |
cornerstone | Mitigating Systems |
Identified by: | Licensee-identified |
Inspection Procedure: | |
Inspectors (proximate) | D Silk M Davis K Young D Johnson S Barr G Dentel N Perry R Rolph J Hawkins |
INPO aspect | |
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Finding - Calvert Cliffs - IR 05000317/2009005 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Finding List (Calvert Cliffs) @ 2009Q4
Self-Identified List (Calvert Cliffs)
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