IR 05000245/1996009

Discusses Exercise of Enforcement Discretion for Insp Repts 50-245/96-09 & 50-245/97-02 & Investigation Repts 1-96-001 & 1-97-016 Re Issues Associated W/Gl 89-13 & 10CFR50,App J. Apparent Violations Involved Containment Leak Rate Test

ML20248J676
Person / Time
Site:	Millstone
Issue date:	06/01/1998
From:	Wiggins J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:	Bowling M, Loftus P NORTHEAST NUCLEAR ENERGY CO.
References
50-245-96-09, 50-245-96-9, 50-245-97-02, 50-245-97-2, EA-97-025, EA-97-205, EA-97-206, EA-97-25, GL-89-13, NUDOCS 9806090260
Download: ML20248J676 (5)

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EAs97-025 97-205 97-206

! Mr. M. L. Bowling, Recovery Officer - Technical Services C

/o Ms. Patricia Loftus, Director - Regulatory Affairs for Millstone Station NORTHEAST NUCLEAR ENERGY COMPANY PO Box 128 Waterford, CT 06385 SUBJECT: EXERCISE OF ENFORCEMENT DISCRETION (Inspection Reports 50-245/96-09 and 50-245/97-02, Investigation Reports 1-96-001 and 1-97-016)

Dear Mr. Bowling:

The subject inspection reports described several Millstone Unit 1 issues associated with NRC Generic Letter (GL) E9-13," Service Water System Problems Affecting Sa' sty-Related Equipment," and 10 CFR 50, Appendix J, " Primary Reactor Containment Leakage Testing for Water-Cooled Power Reactors." During the inspections, apparent violations were identified involving the containment leak rate test program, including containment isolation valve 1-CU-29, and the low press: 7e coolant injection (LPCI) system heat exchanger tube fouling. In addition to the inspections, the NRC Office of Investigations (01) conducted investigations to determine whether Northeast Utilities (NU) had deliberately violated NRC regulations in conjunction with issues that had been raised concerning 1-CU 29 and to determine whether or not NU made false written statements regarding the presence of scale on the LPCI heat exchanger tubes in a letter to the NRC, dated July 29,1996. In both cases, the investigations did not substantiate that there were any willful violations of NRC requirements.

The NRC has evaluated the apparent violations associated with 10 CFR 50, Appendix J (Eels 97-002-05,06, and 11); and with the LPCI system heat exchangers (Eels 96-009-08,97-002-05,08,09, and 10) and has determined that they involved violations of NRC requirements. These violations could be considered for escalated enforcement and subject to civil penalties. However, I have been authorized, after consultation with the Director, Office of Enforcement, and the Director, Special Projects Office, Office of Nuclear Reactor

- Regulation, to exercise enforcement discretion pursuant to Section Vll.B.2 of the NRC's

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i PDR ADOCK 05060245 e PDR - i k

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Enforcement Policy, and not issue a formal Notice of Violation or propose any civil penalties because your facility has been in an extended shutdown and the NRC has taken significant enforcement action for the performance issues that led to the shutdown'. The decision to exercise discretion was made in co:isideration of the fact that the violations: 1)

related to past performance inadequacies which predated the current extended shutdown; 2) would not have been characterized at a severity level higher than Severity Level ll; and 3) were not willful. Additionally, plant restart requires NRC concurrence. Although some of the violations were identified oy the NRC, discretion is appropriate because you have either already taken corrective actions or have planned corrective actions that will be completed prior to restart of Unit 1. Therefore, further enforcement action is not necessary to achieve remedial action.

In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter and its enclosures will be placed in the NRC Public Document Room (PDR).

No response to this letter is required. If you have any questions, please call me at (610)337-5376.

Sincerely, James T. Wiggins, Director Division of Reactor Safety Docket No. 50-245

'A Notice of Violation and $2.1 million civil penalty was issued on December 10,1997, for violations involving design control, safety equipment operability, and corrective actions.

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h______--_ _ _ _ - . _ _ _ _ _ _ _ ____-_ _ _ _ _ _ _ _ _ _ _ ___

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' cc:

, B. Kenyon, President and Chief Executive Officer - Nuclear Group l M. H. Brothers, Vice President - Operations l J. McElwain, Unit 1 Recovery Officer l J. Streeter, Recovery Officer - Nuclear Oversight G. D. Hicks, Unit Director - Millstone Unit 3 J. A. Price, Unit Director - Millstone Unit 2 D. Amerine, Vice President - Human Services E. Harkness, Director, Unit 1 Operations F. C. Rothen, Vice President, Work Services J. Cantrell, Director - Nuclear Training L. M. Cuoco, Esquire J. R. Egan, Esquire V. Juliano, Waterford Library J. Buckingham, Department of Public Utility Control S. B. Comley, We The People State of Connecticut SLO Designee D. Katz, Citizens Awareness Network (CAN)

R. Bassilakis, CAN J. M. Block, Attorney, CAN S. P. Luxton, Citizens Regulatory Commission (CRC)

Representative T. Concannon E. Woollacott, Co-Chairman, NEAC l

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I DOCUMENT NAME: G:\ SYSTEMS \DEMPSEY\U1DISCRE Ts receive e copy of this document, indcate in the box: 'C' = Copy without attachment / enclosure 'E" = Copy with attachment / enclosure *tl* p

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copy _,y gn OFFICE Al/DRS jy Rl/DRS , J Rl/DRP , _[ Rl/DRS l OE I J rWg f5 NAME DDempsey gg) EKelly (fpf - JDurr ~,% .s < JWiggins% JLiebermiin Psl'

DATE e4/iLso a,&5 05/f//98 05/y498 05/2h98 U 05/23798

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Ta receem a copy or mis document, inmoses in me nom v = Copy whout enschmenpenclosure T = Copy we dochmenpenclosum Y = No copy OFFICE Rl/OI l j glR/.sPg g l / l l l NAME BLetts my pg TinMrs" DATE 05/28/9B 05/g/98 gOS/ /98 05/ /98 05/ /98 OFFICIAL RECORD COPY l

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. distribution:

Region i Docket Room (with eggy of concurrences)

Nuclear Safety Information Center (NSIC)

PUBLIC FILE CENTER, NRR (with priainal concurrences)

SPO Secretarial File, Region I

, NRC Resident inspector

! Diane Screnci, PAO (2)

l D. Holody, EO T. Walker, ORA J. Wiggins, DRS L. Nicholson, DRS E. Kelly, DRS N. Blumberg, DRP

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OE (2)

H. Miller, RA/W. Axelson, DRA B. Jones, PIMB/ DISP W. Lanning, Deputy Director of Inspections, SPO, RI W. Travers, Director, SPO, NRR DRS File D. Vito, ORA Allegation File RI-96-A-0012 Allegation File RI-96-A-0038 Distribution (VIA E-MAIL):

R. Zimmerman, ADPR, NRR F Davis, OGC A. Nicosia, OGC J. Lieberman, OE (OEMAIL)

J. Andersen, PM, SPO, NRR M. Callahan, OCA R. Correia, NRR B. McCabe, OEDO S. Dembek, PM, SPO, NRR E. Imbro, Deputy Director of ICAVP Oversight, SPO, NRR D. Mcdonald, PM, SPO, NRR P. McKee, Deputy Director of Licensing, SPO, NRR S. Reynolds, Chief, ICAVP Oversight, SPO, NRR Inspection Program Branch (IPAS)

DOCDESK