The inspectors determined that the licensee's failure to obtain Commission approval for an
Updated Final Safety Analysis Report correction regarding the resequencing of nonsafety loads to a Class 1E bus following a diesel generator start was a violation of 10 CFR 50.59 and constituted an unreviewed safety question. However, it was determined that this issue would not be a violation under the revised 10 CFR 50.59 rule, currently scheduled to be effective January 2001. This judgement is based on the conclusion that the change did not represent more than a minimal increase in the probability of a malfunction of equipment important to safety. Therefore, in accordance with Section 8.1.3 of the
NRC Enforcement Manual (NUGEG/BR-0195, Revision 3),
enforcement discretion is being exercised after consultation with the Office of Enforcement pursuant to Section VII.B.6 of the
NRC Enforcement Policy and a violation is not being issued (
EA-99-220). The licensee placed this issue in their corrective action program as Condition Report 98-0763.