IR 05000282/1996015
| ML20134A742 | |
| Person / Time | |
|---|---|
| Site: | Prairie Island  |
| Issue date: | 01/23/1997 |
| From: | Beach B NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | Watzl E NORTHERN STATES POWER CO. |
| Shared Package | |
| ML20134A744 | List: |
| References | |
| EA-96-402, NUDOCS 9701290074 | |
| Download: ML20134A742 (5) | |
Text
January 23, 1997
SUBJECT:
NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF civil PENALTY -
$50,000 (NRC Special Inspection Report Nos. 50-282/96015; 50-306/96015)
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Dear Mr. Watzt:
This refers to the specialinspection conducted from December 22,1995, through October 9,1996, at the Prairie Island facility. The inspection was conducted to determine if the licensee's proposal to take credit for the non-seismic intake canal and operator actions following an earthquake constituted an unreviewed safety question. The report documenting the inspection and transmitting the apparent violation was sent to you by letter dated November 1,1996. A predecisional enforcement conference.,as held on November 22,1996, to discuss the apparent violation, its cause, and your corrective
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actions.
Based on the information developed during the inspection and the information that you provided during the conference, the NRC has determined that a violation of NRC
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requirements occurred. The violation is cited in the enclosed Notice of Violation and Proposed imposition of Civil Penalty and the circumstances surrounding it are described in detailin the subject inspection report.
On November 15,1995, the licensee performed a test of the emergency intake line as part of a self-assessment of the cooling water system. The FSAR assumed that the emergency intake line was capable of providing at least 18,000 gallons per minute (gpm) of cooling water, without operator action, with the intake canal fully blocked and the river at minimum level following a lock and dam failure. The test determined that the emergency intake flow was approximately 17,500 gpm of cooling water at normal river wate* 'ovels (11,600 gpm at low river levels). This test was not described in the safety analysi report and was performed without conducting a written safety evaluation. A violation for not performing a written safety evaluation prior to performance of the test was issued in inspection Report 95014. Because the test results indicated that the design basis of the g}
emergency intake line was not met, the licensee performed a safety evaluation and
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determined that no unreviewed safeiy question existed. A followup inspection in
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December questioned the conclusion that no unreviewed safety question existed because the evaluation relied on the use of manual operator actions to isolate non-safety-related
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9701290074 970123 DR ADOCK 050002 2
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cooling water loads and changed the assumptions such that relianca was placed upon a
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non-seismic canal remaining intact following an earthquake. This included reliance that the non-seismic sluice gates separating the non-safety-related intake structure from the safety-related one would remain open. The NRC reviewed the licensee's basis and determined in October 1996 that a violation of 10 CFR 50.59 occurred because an unreviewed safety question existed.
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The licensee was able to justify continued interim operation by qualifying the sluice gates to the non-safety-related intake structure. However, the licensee's reliance on the non-seismic canal and on operator intervention is of regulatory concern. The use of operator action to meet the requirements of the FSAR created an unreviewed safety question because it introduced the potential for creating an accident or malfunction of a type different than evaluated previously in the FSAR, as well as potentially introducing unanalyzed failure modes due to operator actions of omission or commission. Additionally, the use of the non-seismic canalintroduced the potential for increasing the probability of the consequences of the accident. The failure of Prairie Island to evaluate that operator intervention and use of non-seismic equipment constituted an unreviewed safety question is considered a significant failure to meet the requirements of 10 CFR 50.59. Therefore, this violation has been categorized in accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions" (Enforcement Policy), NUREG-1600, at Severity Level lli.
In accordance with the Enforcement Policy, a base civil penalty in the amount of $50,000 is considered for a Severity Level til violation. Because your facility has not been the
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subject of escalated enforcement actions within the last two years, the NRC considered whether credit was warranted for Corrective Action in accordance with the civil penalty assessment process in Section VI.B.2 of the Enforcement Policy. Credit was not warranted for Corrective Action. Although Prairie Island took broad corrective actions to improve the 50.59 process as a result of the violation issued in Inspection Report 95014, no corrective action was taken to address the NRC's concern over whether the non-seismic sluice gates would remain open during a seismic event. The concern is heightened by the fact that the NRC attempted to inform the licensee in April 1996 of the concern over the seismic qualification of the sluice gates. However, this concern was not addressed by the licensee and the NRC had to bring this issue to the attention of the licensee at the predecisional enforcement conference. Further, after this enforcement conference, AIRC requested you to promptly determine if the sluice gates would be functional after a design basis seismic event. This was necessary in order for the NRC to determine if your justification for continued operation was valid.
Therefore, to emphasize the importance of compliance with regulatory requirements and the prompt and comprehensive correction of violations, I have been authorized, after consultation with the Director, Office of Enforcement, to issue the enclosed Notice of Violation and Proposed imposition of Civil Penalty (Notice) in the base amount of $50,000 for the Severity Level ill violation.
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You are required to respond to this letter and should follow the instructions specified in the
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enclosed Notice when preparing your response. The NRC will use your response, in part,
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to determine whether further enforcement action is necessary to ensure compliance with
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regulatory requirements.
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l In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter, i
its enclosure, and your response will be placed in the NRC Public Document Room.
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Sincerely, j
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E ill Beach A
li Re ional Administrator
i Docket Nos. 50-282;50-306 License Nos. DPR-42; DPR-60
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Enclosure:
Notice of Violation and Proposed imposition of Civil Penalty
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cc w/ encl:
Plant Manager, Prairie Island i
John W. Ferman, Ph.D.
Nuclear Engineer, MPCA State Liaison Officer, State
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of Minnesota
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State Liaison Officer, State
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of Wisconsin Tribal Council, Prairie Island i
Dakota Community i
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' You are required to respond to this letter and should follow the instructions specified in the enclosed Notice when preparing your response. The NRC will use your response, in part, i
to determine whether further enforcement action is necessary to ensure compliance with i
i regulatory requirements.
in accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter, its enclosure, and your response will be placed in the NRC Public Document Room.
Sincerely,
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Original signed by James L. Caldwell for j
A. Bill Beach i
Regional Administrator
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Docket Nos. 50-282;50-306
i License Nos. DPR-42; DPR-60 Enclosure:
Notice of Violation and Proposed Imposition of Civil Penalty
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j cc w/ encl:
Plant Manager, Prairie Island John W. Ferman, Ph.D.
Nuclear Engineer, MPCA State Liaison Officer, State
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of Minnesota State Liaison Officer, State of Wisconsin Tribal Council, Prairie Island Dakota Community l
DOCUMENT NAME: G:\\EICS\\96-402.WS1 To receive a copy of this document, indicate h the box *C" = Copy whhout ettechment/ enclosure *E" = Copy with attachment / enclosure
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OFFICE Rlli lg
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NAME HClayton:nh f;c GIGranM Jua@ pet!
ATes'dh" DATE 01//7/97 01 fit /(3 []
01/78/97 01pW97 OFFICIAL RECOF;D COPY
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Distribution:
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'PUBLIC M-SECY
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i CA HThompson, Acting EDO
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FMiraglia, NRR RZimmerman, NRR Enforcement Coordinators
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Rl, Rll, RIV
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BWetzel, NRR
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OC/LFDCB Resident inspector, Prairie Island
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JGilliland, OPA HBell, OlG
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GCaputo, 01 EJordan, AEOD LTremper, OC OE:EA(2)
-1 MSatorius, OE Docket File DRP RAO:Rlli SLO: Rill PAO:Rlli j