IR 05000220/2011009
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t***f March 24, TOILEA-10-265Mr. Samuel BelcherVice PresidentNine Mile Point Nuclear Station, LLCP.O. Box 63Lycoming, NY 13093
SUBJECT: NRC INVESTIGATION REPORT NO, 1-2010-026 AND NRC INSPECTIONREPORT NO. 05000220 t201 1 009
Dear Mr. Belcher:
This letter refers to an investigation by the U.S. Nuclear Regulatory Commission's (NRC) Officeof Investigations (Ol) that was conducted at Constellation Energy Nuclear Group, LLC's(Constellation's) Nine Mile Point Nuclear Station (NMP) Unit 1. The investigation, completed onDecember 16, 2010, was initiated by the NRC after Constellation informed the NRC that a NMPUnit 1 system engineer (SE) did not immediately notify site management upon becoming awareof an operability concern with the NMP #11 Reactor Building Emergency Ventilation System(RBEVS). Based on the evidence developed during the Ol investigation, the NRC hasconcluded that the SE deliberately failed to promptly notify site management of the RBEVSoperability concern, and as such caused Constellation to violate requirements set forth in 10CFR 50, Appendix B, Criterion XVl, "Corrective Action." The violation is cited in the enclosedNotice of Violation (Notice), and the circumstances surrounding the violation are described indetail in this letter.On Friday, March 5, 2010, the SE received information indicating that a charcoal sample takenfrom an NMP #11 RBEVS charcoal filter had failed its two-year required surveillance test (ST).The sample did not meet the minimum value for radioactive methyl iodide removal specified inNMP Technical Specifications (TS). As a result, in accordance with the TS, the NMP1 RBEVStrain should have been declared inoperable and the plant should have promptly entered theseven day TS limiting condition of operation (LCO) action statement. ln addition, in accordancewith 10 CFR 50, App. B, Criterion XVI and site procedures, the SE should have immediatelynotified his supervision of the failed ST, since it constituted a condition adverse to quality.However, the SE deliberately decided to not inform his supervision of the failed ST untilMonday, March 8, 2010. The SE later admitted his failures to Constellation during the internalConstellation investigation into this matter, and the SE also cooperated with NRC investigatorsduring the NRC Ol investigation. Because licensees are responsible for the actions of their employees and because the violationinvolved deliberate misconduct, the violation was evaluated under the NRC's traditionalenforcement process as set forth in Section 2.2.4 of the NRC Enforcement Policy. The violationis considered to be of very low safety significance because NMP returned the #11 RBEVS trainto service on March 9,2010, which would have been within the required seven day timeframeeven if the LCO had been appropriately entered on March 5,2010. Therefore, the NRC hascharacterized the violation at Severity Level (SL) lV, in accordance with the NRC EnforcementPolicy. The violation is being cited in the Notice in accordance with the Enforcement Policy,because the violation involved the acts of an SE who with the operability information hepossessed, was in a position with responsibilities that were directly related to the oversight oflicensed activities.Constellation's corrective actions included: 1) replacing the subject NMP #1 1 RBEVS charcoal,ensuring the #11 RBEVS train successfully passed the ST, and then returning the system toservice on March 9,2010; 2) taking appropriate disciplinary action against the involved SE and,3) conducting training for all SEs regarding following requirements and not engaging indeliberate miscond uct.The NRC has concluded that information regarding the reason for the violation, the correctiveactions taken and planned to correct the violation and prevent recurrence and the date when fullcompliance was achieved is already adequately addressed on the docket in this letter.Therefore, you are not required to respond to this letter unless the description herein does notaccurately reflect your corrective actions or your position. In that case, or if you choose toprovide additional information, you should follow the instructions specified in the enclosedNotice.In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter, itsenclosure, and your response, if you choose to provide one, will be made availableelectronically for public inspection in the NRC Public Document Room and from the NRC'sdocument system, the Agency-wide Documents Access and Management System (ADAMS),accessible from the NRC Web site at http://www.nrc.qov/reading-rm/adams.html. To the extentpossible, your response should not include any personal privacy or proprietary, information sothat it can be made available to the Public without redaction.Enclosure Should you have any questions regarding this matter, please contact Mr. Glenn Dentel, Chief,Projects Branch 1, Division of Reactor Projects in Region l, at (610) 337-5223.
Sincerely,Docket No. 50-220License No. DPR-63
Enclosure:
Notice of Violationcc dencl: Distribution via ListServDivision of Reactor Projects Should you have any questions regarding this matter, please contact Mr. Glenn Dentel, Chief,Projects Branch 1, Division of Reactor Projects in Region l, at (610) 337-5223.
Sincerely,/RA/Darrell J. Roberts, DirectorDivision of Reactor ProjectsDocket No. 50-220License No. DPR-63
Enclosure:
Notice of ViolationDistribution: (via email)R Zimmerman. OEN Hilton, OEC Faria-Ocasio, OEM Barkman. OGCM Ashley, NRRW Dean, RAD Lew, DRAD Roberts, DRPJ Clifford, DRPP Wilson. DRSL Doerflein, DRSK Kolaczyk, DRP, SRID Dempsey, DRP, RlE Wilson, OlR Urban, ORAD Holody, ORAC O'Daniell, ORAG Dentel. DRPSUNSI Review Complete: ACP Reviewer's lnitials)DOCUMENT NAME: G:\DRP\BRANCHl\Nine_Mile_Point\Enforcement\EA-10-265 NMP ST Licensee NOV.docxAfter declaring this document "An Official Agency Record" the enclosures will be released to the Public. Accession No.:To receive a copy of this document, indicate in the box: "C'= Copy without attachmenUenclosure "E" = Copy withattachmenVenclosure "N" =No copyML1 1 0821 023)FFICERYDRPlhrRI/DRPRt/ol{AMEAPatel/aco'GDentel/otd .iWilson/iat for *)ATE)3t08t201103t11t201103t14t2011)FFICERI/ORARI/ORARUDRS{AMEKFanar/klf *DHolody/djh ")Roberts)ATE)3t14t20't103t15t2011o3t23t2011OFFICIALDRECOR NOTICE OF VIOLATIONConstellation Energy Nuclear Group, LLCNine Mile Point Nuclear Station Unit 1Docket No. 50-220License No. DPR-63EA-2010-265During a U.S. Nuclear Regulatory Commission (NRC) investigation by the NRC Office ofInvestigations completed on December 16,2010, a violation of NRC requirements wasidentified. In accordance with the NRC Enforcement Policy, the violation is listed below:10 CFR 50, Appendix B, Criterion XVl, "Corrective Action" states that measures shall beestablished to assure that conditions adverse to quality, such as failures, malfunctions,deficiencies, deviations, defective material and equipment, and non-conformances arepromptly identified and corrected.Constellation Energy Nuclear Generation Fleet Program Directive CNG-CA-1.01,"Corrective Action Program," Revision 0001, Step 6.1 states, in part, that all individualshave a responsibility to identify and document conditions adverse to quality and toinitiate corrective action. lf the initiator determines that the condition requires immediateaction (for example, an immediate operability concern exists), he/she shall immediatelynotify his or her immediate supervisor, or an appropriate level of supervision (ormanagement) in the affected organization. The individual or reviewing supervisor shallimmediately notify Operations of any condition adverse to quality that requiresimmediate action.Nine Mile Point Unit 1 Technical Specification 3.4.4, "Emergency Ventilation System,"specifies that, if the results of laboratory carbon sample analysis do not show greaterthan or equal to 95 percent radioactive methyl iodide removal, then reactor operation inthe power operating condition is allowed only during the succeeding seven days.Contrary to the above, on March 5, 2010, a system engineer (SE) at Nine Mile PointNuclear Station (NMP) received information that an immediate operability concernexisted with the NMP #11 Reactor Building Emergency Ventilation System (RBEVS),and the SE failed to immediately notify his supervision or NMP Operations. Specifically,the SE learned on Friday, March 5,2011, that the result of a#11 RBEVS laboratorycarbon sample analysis did not show greater than or equal to 95 percent radioactivemethyl iodide removal. However, the SE did not inform his supervision or NMPOperations of this result until Monday, March 8,2011.This is a Severity Level lV violation (Section 6.1).The NRC has concluded that information regarding the reason for the violation, the correctiveactions taken and planned, and the date when full compliance was achieved is alreadyadequately addressed on the docket in the letter transmitting this Notice of Violation (Notice).Therefore, you are not required to respond to this Notice. However, you are required to submita written statement or explanation pursuant to 10 CFR 2.201 if the description therein does notaccurately reflect your corrective actions or your position. ln that case, or if you choose toEnclosure 2respond, clearly mark your response as a "Reply to a Notice of Violation: EA-2010-265," andsend your response to the U.S. Nuclear Regulatory Commission, ATTN: Document Control!esk, Washington, DC 20555-0001 with a copy to the RegionalAdministrator, Region 1,475AJlendale Rd., King of Prussia, PA 19406, and a copy to the NRC Resident Inspector at NineMile Point, within 30 days of the date of the letter transmitting this Noticelf you contest this enforcement action, you should follow the handling requirements provided?q9ve, and also provide a copy of your response, with the basis for your denial, to the Director,Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20bS5-0001.ln accordance with 10 CFR 19.11 , you may be required to post this Notice within two workingdays of receipt.Dated this 24th day of March 2011Enclosure