IR 05000219/2003005

EA-04-033, Amergen Energy Company, LLC, Oyster Creek, Final Significance Determination for a White Finding and Notice of Voilation (IR 05000219-03-005)

ML040750059
Person / Time
Site:	Oyster Creek
Issue date:	03/15/2004
From:	Miller H NRC Region 1
To:	Crane C AmerGen Energy Co
References
EA-04-033, IR-03-005
Download: ML040750059 (10)

Text

rch 15, 2004

SUBJECT:

FINAL SIGNIFICANCE DETERMINATION FOR A WHITE FINDING AND NOTICE OF VIOLATION (NRC Inspection Report 05000219/2003005)

Oyster Creek Generating Station

Dear Mr. Crane:

The purpose of this letter is to provide you with the final results of our significance determination for the preliminary White finding identified at Oyster Creek Generating Station during an inspection completed on December 31, 2003. The results of the inspection were discussed with Mr. C. N. Swenson and other members of your staff on January 22, 2003. The inspection finding was assessed using the significance determination process and was preliminarily characterized as White, a finding with low to moderate importance to safety, which may require additional NRC inspections.

This preliminary White finding involves the failure to identify and take prompt and appropriate corrective actions for significant conditions adverse to quality involving power cables.

Specifically, following the failure of similar power cables, one to the 480V unit substation in 2001, and another from the #2 emergency diesel generator output breaker to its associated 4kV emergency bus in 1996, both due to water intrusion and cable insulation breakdown, AmerGen did not take appropriate corrective actions to evaluate, inspect, test or replace similar power cables on site. Subsequently, a similar power cable from the #1 emergency diesel generator output breaker to its associated 4kV emergency bus failed on May 20, 2003, due to water intrusion and cable insulation breakdown, and resulted in a loss of the 4kV emergency bus and forced a plant shutdown.

In a letter dated February 12, 2004, the NRC transmitted the referenced inspection report and informed you that the staff had sufficient information to make an enforcement decision.

However, you were given an opportunity to request a regulatory conference or to provide a written response. In a telephone conversation on February 20, 2004, Mr. M. Massaro, Plant Manager, informed Mr. P. Eselgroth, NRC, Region I, that AmerGen did not contest the risk significance of this finding, and did not feel it necessary to discuss this finding in a Regulatory Conference or provide a written response prior to issuance of this Final Significance Determination.

Mr. C. After considering the information developed during the inspection, the NRC has concluded that the inspection finding at Oyster Creek is appropriately characterized as White, an issue with low to moderate importance to safety, which may require additional NRC inspection. Although you have not indicated a desire to do so, our process allows 30 calendar days from the date of this letter to appeal the staffs determination of significance for the identified White finding. Such appeals will be considered to have merit only if they meet the criteria given in NRC Inspection Manual Chapter 0609, Attachment 2.

The NRC has also determined that the White finding resulted in a violation of 10 CFR 50, Appendix B, Criterion XVI, as described in the enclosed Notice of Violation (Notice). The circumstances surrounding this violation are described in detail in the subject inspection report.

In accordance with the NRC Enforcement Policy, NUREG-1600, the Notice is considered escalated enforcement action because it is associated with a White finding. You are required to respond within 30 days and should follow the instructions specified in the enclosed Notice when preparing your response.

This issue causes the Oyster Creek facility to be in the regulatory response band of the NRC Action Matrix, and we will notify you, by separate correspondence, of any further action we plan to take.

In accordance with 10 CFR 2.390 of the NRCs Rules of Practice, a copy of this letter and its enclosure will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records (PARS) component of NRCs document system (ADAMS). ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/

adams.html (the Public Electronic Reading Room). The NRC also includes significant enforcement actions in its Web site at http://www.nrc.gov/reading-rm/doc-collections/

enforcement/actions.

Sincerely,

/RA/ James T. Wiggins Acting For/

Hubert J. Miller Regional Administrator Docket No: 50-219 License No. DPR-16 Enclosure: Notice of Violation

Mr.