IR 05000302/1996006

Ack Receipt of Informing NRC of Steps Taken to Correct Violations Noted in Insp Rept 50-302/96-06.Based on Review of Response Re Violation 50-302/96-06-04,violation Stands as Written

ML20134Q123
Person / Time
Site:	Crystal River
Issue date:	11/14/1996
From:	Ebneter S NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:	Beard P FLORIDA POWER CORP.
References
GL-91-18, NUDOCS 9612020147
Download: ML20134Q123 (4)

Text

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Novenber 14, 1996 i

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Florida Power Corporation  !

Crystal River Energy Complex '

Mr. P. M. Beard. Jr. (SA2A)

Sr. VP. Nuclear Operations ATTN: -Mgr. Nuclear Licensing 15760 West Power Line Street Crystal River. FL- -34428-6708 SUBJECT: . NOTICE OF VIOLATION (NRC INSPECTION REPORT NO. 50-302/96-06)

Dear Mr. Beard:

Thank you for your response of August 26. 1996..to our Notice of Violation (NOV) issued on July 26, 1996, concerning activities conducted at your Crystal- i River facility. We have evaluated your response and found that it meets the l requirements of 10 CFR 2.201 with the following exception. With respect to-Violation 50-302/96-06-04. Florida Power Corporation (FPC) denied the i violation due to the stated belief that the NOV is not consistent with NRC-guidance concerning the applicability of 10 CFR 50.59. -

FPC cited as a basis for their denial, a memorandum from the NRC Executive.

Director of Operations to the NRC Commission Chairman, dated April 15. 1996, and NRC Generic Letter 91-18. Information to Licensees Regarding Two NRC Inspection Manual Sections on Resolution of Degraded and Nonconforming-Conditions and on Operability.

Generic Letter 91-18 stated that whenever degraded or nonconforming conditions of structures. systems and components (SSCs) subject to 10 CFR 50 Appendix B are identified. Appendix B requires 3rompt corrective action to correct or resolve the condition. The Generic _etter stated that 10 CFR 50.59 may be used to make a change in the facility as described in the safety' analysis report (SAR) which would resolve the condition adverse to safety or quality so that the degraded and nonconforming condition no longer exists. According to the Generic Letter, delay or partial. correction of conditions adverse to safety or quality is considered a change in the facility or procedures and is subject to 10 CFR 50.59 review.

10 CFR 50.59 states that the holder of a license authorizing operation of a

' utilization facility may make changes in the facility as described in the

' safety analysis report, without prior Commission approval, unless the proposed ;

change involves a change in the technical-specifications incorporated in the license or'an unreviewed' safety question. The licensee shall maintain records {

of' changes.in the facility made pursuant to 10 CFR 50.59, to the extent that i

these changes constitute changes in the facility as described in the . safety '

analysis _ report. These records must include a written safety evaluation which provides the bases for the determination that the change does not involve an unreviewed safety question.

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I OFFICIAL COPY 3 9612O20147 961114 PDR ADOCK 05000302 G PTA n.

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FPC 2 During the refueling outage, you were implementing a change to the facility by a modification to replace the battery chargers, including the two spare o battery chargers. At the time of unit restart, the two spare battery chargers were inoperable. This was a known nonconformance resulting from the partial implementation of a modification. Without a documented evaluation, as required by 10 CFR 50.59. the unit was restarted from the refueling outage, entered modes 4 through 1. and operated at power in a configuration different from that described in the SAR from May 4,1996 until August 7.1996. During that time the two spare battery chargers remained inoperable until replacements were installed. This was not a situation -in which, as quoted in your response. "the licensee discovers that the facility does not conform in some respect with the SAR or Technical Specifications." A 10 CFR 50.59 ,

evaluation should have been accomplished, prior to returning to the

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o)erational' mode, to determine if the partial completion of a modification w11ch created the known condition of two inoperable spare battery chargers, constituted an.unreviewed safety question.

Following our review, we have determined that Violation 50-302/96-06-04 stands as written. Please provide a supplemental response as required by the original. notice of violation detailing your corrective actions within 30 days from the date of this letter.

We appreciate your cooperation in this matter.

Sincerely

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Orig signed by Stewart D. Ebneter Stewart D. Ebneter

' Regional Administrator  !

'I Docket No.~50-302 License No. DPR-72 cc: Gary L. Boldt. Vice President Nuclear Production (SA2C)

Florida Power Corporation Crystal River Energy Complex 15760 West Power Line Street Crystal River. FL 34428-6708 cc: Continued see page 3

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FPC 3  !

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, B. J.-Hickle Director

Nuclear P1 ant Operations (NA2C)

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Florida Power Corporation E

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Crystal River Energy Complex 15760 West Power Line Street

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Crystal River FL- 34428-6708 a.

L. C. Kelley. Director (SA2A)  !

i Nuclear Operations Site Support Florida Power Corporation Crystal River Energy Complex

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15760 West Power Line Street Crystal River,:FL 34428-6708 i- R.-Alexander Glenn. Corporate Counsel

- Florida Power Corporation i'

MAC - ASA

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P. 0. Box 14042 St. Petersburg, FL .33733 '

. Attorney General  ;

Department of Legal Affairs i The Capitol i j Tallahassee, FL 32304-  ;

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Bill Passetti Office of Radiation Control-

, De]artment of Health'and i Rehabilitative Services i 1317 Winewood Boulevard

!; Tallahassee, FL 32399-0700 Joe Myers, Director )

< Div. of Emergency Preparedness  !

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Department of Community Affairs 2740 Centerview Drive r lallahassee, FL 32399-2100

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Chairman-

_ Board of County Commissioners j; Citrus County  ;

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i 110 N. Apopka Avenue

. Inverness FL 34450-4245

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Robert B. Borsum

B&W Nuclear Technologies

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1700 Rockville Pike, Suite 525 4- Rockville. MD 20852-1631

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