IR 05000282/2010504

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July 7, 2010

EA-10-031 Mr. MarkSite Vice President Prairie Island Nuclear Generating Plant Northern States Power Company, Minnesota 1717 Wakonade Drive East Welch, MN 55089

SUBJECT: PRAIRIE ISLAND NUCLEAR GENERATING PLANT, UNITS 1 AND 2 FINAL SIGNIFICANCE DETERMINATION OF PRELIMINARY WHITE FINDING NRC INSPECTION REPORT NO. 05000282/2010504(DRS); 05000306/2010503(DRS)

Dear Mr. Schimmel:

This letter provides you the final significance determination of the preliminary White finding discussed in NRC Inspection Report No. 05000282/2010503(DRS) dated April 9, 2010. The finding involved the failure to follow and maintain in effect emergency plans which use a standard emergency classification and action level scheme. Specifically, two Alert emergency action levels (EALs), EALs RA1.1 and RA1.2, specified instrument threshold values that were beyond the indicated ranges of effluent radiation monitors R-18, R-25, and R-31. On May 11, 2010, a Regulatory Conference was held at your request to discuss your views on this issue. During the conference, you described your assessment of the significance of the finding, the root cause, the missed opportunities to identify the issue earlier, and your corrective actions. You agreed with the performance deficiency and provided a timeline of the sequence of events. You provided new information that EAL RA2.1, for declaring Alert emergencies for a valid alarm with respect to a spent fuel pool accident, also used radiation monitors R-25 and R-31. Therefore, operators could use EAL RA2.1, in lieu of EAL RA1.2 to declare an Alert based on an alarm from monitors R-25 and R-31. The Alert threshold for EAL RA2.1 was well within range of monitors R-25 and R-31.

After considering the information developed during the inspection and the information you provided at the conference, the NRC has concluded that the finding is appropriately characterized as Green, a finding with very low safety significance, in that your EAL classification process would not declare an Alert for a single emergency action level, EAL RA1.1. The finding also involved a violation of NRC requirements. Specifically, 10 CFR 50.54(q) requires, in part, a licensee shall follow and maintain in effect emergency plans which meet the standards in 10 CFR 50.47(b). Title 10 CFR 50.47(b)(4), requires, in part, that an emergency plan must have a standard emergency classification and action level scheme, the bases of which include facility system and effluent parameters, is in use by the nuclear facility licensee and State and local response plans call for reliance on informationprovided by facility licensees, for determinations of minimum initial offsite response measures. Contrary to the above, from January 18, 2006, through June 5, 2009, Prairie Island failed to maintain a standard emergency classification scheme, which included facility system and effluent parameters that the State and local response plans can rely on for information to determine minimum initial offsite response measures. The licensee's emergency plan Alert EALs RA1.1 and RA1.2 specified instrument threshold values that were beyond the indicated range of the effluent radiation monitors R-18, R-25, and R-31. However, because of its very low safety significance, as determined above, and because the issue was entered into your corrective action program, the NRC is treating the issue as a Non-Cited Violation (NCV) in accordance with Section VI.A.1 of the NRC Enforcement Policy (NCV 05000282/2010504-01; 05000306/2010504-01). Due to the age of this issue, a cross-cutting aspect was not evaluated. Apparent Violation No.05000282/2010503-01; 05000306/2010503-01 is considered closed.

Additionally, the NRC continues to evaluate the circumstances surrounding the adequacy of your revised EAL scheme submittal to the NRC in November 2005.

If you contest the subject or severity of an NCV, you should provide a response within 30 days of the date of this inspection report, with the basis for your denial, to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555-0001, with a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission - Region III, 2443 Warrenville Road, Suite 210, Lisle, IL 60532-4352; the Director, Office of Enforcement, U. S. Nuclear Regulatory Commission, Washington, DC 20555-0001; and the Resident Inspector Office at the Prairie Island Nuclear Generating Plant. In addition, if you disagree with the characterization of any finding in this report, you should provide a response within 30 days of the date of this inspection report, with the basis for your disagreement, to the Regional Administrator, Region III, and the NRC Resident Inspector at the Prairie Island Nuclear Generating Plant. The information that you provide will be considered in accordance with Inspection Manual Chapters 0305 and 0310. In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter, and your response, if you choose to provide one, will be made available electronically for public inspection in the NRC Public Document Room or from the NRC's document system (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.

Sincerely,/RA by Kenneth O'Brien for/

Anne T. Boland, Director Division of Reactor Safety Docket Nos. 50-282; 50-306 License Nos. DPR-42; DPR-60 cc: Distribution via ListServprovided by facility licensees, for determinations of minimum initial offsite response measures. Contrary to the above, from January 18, 2006, through June 5, 2009, Prairie Island failed to maintain a standard emergency classification scheme, which included facility system and effluent parameters that the State and local response plans can rely on for information to determine minimum initial offsite response measures. The licensee's emergency plan Alert EALs RA1.1 and RA1.2 specified instrument threshold values that were beyond the indicated range of the effluent radiation monitors R-18, R-25, and R-31. However, because of its very low safety significance, as determined above, and because the issue was entered into your corrective action program, the NRC is treating the issue as a Non-Cited Violation (NCV) in accordance with Section VI.A.1 of the NRC Enforcement Policy (NCV 05000282/2010504-01; 05000306/2010504-01). Apparent Violation No.05000282/2010503-01; 05000306/2010503-01 is considered closed.

Additionally, the NRC continues to evaluate the circumstances surrounding the adequacy of your revised EAL scheme submittal to the NRC in November 2005.

If you contest the subject or severity of an NCV, you should provide a response within 30 days of the date of this inspection report, with the basis for your denial, to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555-0001, with a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission - Region III, 2443 Warrenville Road, Suite 210, Lisle, IL 60532-4352; the Director, Office of Enforcement, U. S. Nuclear Regulatory Commission, Washington, DC 20555-0001; and the Resident Inspector Office at the Prairie Island Nuclear Generating Plant. In addition, if you disagree with the characterization of any finding in this report, you should provide a response within 30 days of the date of this inspection report, with the basis for your disagreement, to the Regional Administrator, Region III, and the NRC Resident Inspector at the Prairie Island Nuclear Generating Plant. The information that you provide will be considered in accordance with Inspection Manual Chapters 0305 and 0310. In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter, and your response, if you choose to provide one, will be made available electronically for public inspection in the NRC Public Document Room or from the NRC's document system (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.

Sincerely,/RA by Kenneth O'Brien for/ Anne T. Boland, Director Division of Reactor Safety Docket Nos. 50-282; 50-306 License Nos. DPR-42; DPR-60 cc: Distribution via ListServ DOCUMENT NAME: G:\DRS\Work in Progress\PRA 2010 504 DRS Final Significance Determination.docx Publicly Available Non-Publicly Available Sensitive Non-Sensitive To receive a copy of this document, indicate in the box "C" = Copy w/o attach/encl "E" = Copy with attach/ecl "N" = No copy n OFFICE RIII:DRS

RIII:DRS RIII:DRS RIII:DRS NAME PPelke:co HPeterson PPelke for SOrth KO'Brien for Boland A DATE 06/29/10 06/29/10 07/02/10 07/07/10 OFFICIAL RECORD COPY Letter to Markfrom Anne T. Boland, dated July 7, 2010.

SUBJECT: PRAIRIE ISLAND NUCLEAR GENERATING PLANT, UNITS 1 AND 2 FINAL SIGNIFICANCE DETERMINATION OF PRELIMINARY WHITE FINDING NRC INSPECTION REPORT NO. 05000282/2010504(DRS);

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