IR 05000302/1997021

Supplements Insp Rept 50-302/97-21 Transmitted in Ltr Dtd 971229.NRC Concluded That Violations of NRC Requirements Occurred.Brief Discription of Issues Addressed by LERs Encl

ML20199L693
Person / Time
Site:	Crystal River
Issue date:	01/29/1998
From:	Reyes L NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:	Richard Anderson FLORIDA POWER CORP.
References
50-302-97-21, EA-98-040, EA-98-40, NUDOCS 9802100007
Download: ML20199L693 (7)

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.- January 29, 1998

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EA 98 040 Florida Power Corporation'. .

' Crystal River Energy Complex Hr. Roy-A, Anderson (SA2A)

Sr. VP -Nuclear Operations

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-ATTN: Hgr., Nuclear Licensing 15760 West Power;Line Street Crystal River. -Florida 34428 6708 SUBJECT:

EXERCISE OF ENFORCEHENT DISCRETION (NUCLEAR REGULATORY COMMISSION INSPECTION REPORT N0, 50 302/97 21)

Dear Mr. Anderson:

i This letter supplements Inspection Report No. . 50 302/97 21, transmitted in our

= letter dated December 29, 1997. In that letter, the Nuclear Regulatory Commission-(NRC) documented the review and the exercise of enforcement discretion (EA 97 565) for 44 Licensee Event Reports (LERs) submitted by Florida Power Corporation (FPC) describing engineering design, procedural, reporting, and corrective action deficiencies at your Crystal River 3 Nuclear Station. Subsequently, the flRC conducted a review of five additional LERs.

The LERs reviewed were: 50 302/97 042, 97 043, 97 044, 97 045, and 97 046. In addition an issue described in your letter to the NRC dated January 23,f 1993.

regarding the dynamic effects of a loss'of coolant accident-(LOCA) was also reviewed. As stated in your letter of January 23. 1993, this issue will be-submitted as LER 50 302/98-001. Our review of the six issues (five LERs previously submitted plus one to be submitted as LER 50 302/93 001) was discussed with members of your staff'on January 29, 1993.

Based on our_ review of the six issues above, the NRC has concluded that violations of NRC requirements were involved. A brief description of the 'I '

issues addressed by the LERs is enclosed. Normally, violations _of regulatory

__ requirements ' associated with the subject LERs would be categorized in ' i accordance with the " General Statement of Policy and Procedures for NRC

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Enforcement Actions" .(Enforcement Policy), NUREG IgDO, as Severity Level- III

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and S~evirity 1.evel IV violations. In addition, in accordance with the Enforcement Policy. -a civil penalty normally would be considered for each

severity Level .III violation. However, es discussed in Section VII.B.2 of the Enforcement Policy, the NRC may refrain from issuing a Notice of Violation 9902100007 990129 PDR G

ADOCK 05000302 PDR lllllllllllllll

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FPC 2 (Notice) or a proposed civil penalty for violations that are identified after

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(I) the NRC has taken significant enforcement action based upon a major safety event contributing to an extended shutdown of an operating reactor, or (ii)

the licensee enters en extended shutdown related to generally poor performance over a long period of time.

After review of the six issues described above, and consultation with the Director, Office of Enforcement, the NRC has determined that exercising enforcement discretion is appropriate for these six issues. This determination is based on the items listed below: (1) the issues were identified by FPC and enforcement action is not considered necessary to achieve remedial action for those issues identified by the NRC: (2) the violations, for the most part, were based upon activities which took place before the events leading to the shutdown of Crystal River Unit 3 or while Unit 3 was shutdown; (3) the violations were not considered to be willful and would not be categorized at a Severity Level higher than Severity Level II:

(4) the Crystal River facility has been shut down for performance reasons including engineering violations, such as the ones identified by these issues, and in enforcement actions issued on March 12, 1997 (Enforcement Actions96-365, 96 465 and 96 527) which involved a Severity Level II problem for the failure to perform adequate reviews pursuant to 10 CFR 50,59: (5) the Crystal River facility will remain shut down until completion of a comprehensive program of improvements in the engineering area: (6) FPC has demonstrated that remedial action is being taken to ensure reestablishment of design margins for plant systems prior to plant restart; (7) NRC issued a $500,000 civil penalty on July 10,1996 (EA 95126), which included sanctions for engineering violations: (8) FPC's decision to restart Crystal River Unit 3 requires NRC concurrence in accordance with a Confirmatory Action Letter issued on March 4, 1997: and, (9) FPC has made substantial progress in addressing and resolving the issues identified in the LERs described in the enclosure. Therefore, the NRC is exercising enforcement discretion in accordance with Section VII.B.2 of the Enforcement Policy and will not issue a Notice and/or proposed civil penalty for these issues, Note that this is similar to the action taken for the LERs listed in our December 24, 1997, letter since the issues, root causes, and programmatic actions to those LERs are similar.

The NRC will continue to examine the implementation of your corrective actions during future. inspections. The exercise of enforcement discretion in this

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case will also be tracked as non cited violation (NCV) 50-302/97 21 01, Noncompliances in Design Control,10 CFR 50.59 Evaluations, Procedural Adequacy / Adherence, Reportability, and Corrective Actions, as indicated in our

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FPC 3 December 29, 1997. letter. Your satisfactory completion of corrective actions

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will be tracked and evaluated as part of NRC's closecut of the individual LERs.

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The NRC has concluded that informati_on regarding the reasons for the violations, the corrective a:tions taken and planned to correct the violations and prevent recurrence are already adequately addressed on the docket.

Therefore, you are not required to respond to this letter unless the descriptions provided -in the LERs addressed by this letter do not accurately reflect your corrective actions or your position. In that case, or if you choose to provide additional information you should submit a written statement or explanation to the U.S. Nuclear Regulatory Commission. ATTN:

Document Control Desk. Washington. D.C. 20555 with a copy to the Regional Administrator. Region II, and a copy to the NRC Resident Inspector at the Crystal' River facility, within.30 days of the date of this letter specifically describing any changes in your corrective actions or position. This letter should be in addition to or reference any. required updates to the LERs.

In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice."_a copy of this letter,-its enclosure, and your response, should you provide one, will be placed in the NRC Public Document Room. Should you have any questions concerning this letter, please contact us.

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Sincerely, 0(l uk N <& ~L v ,r e c . M e Luis A. Reyes '

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Regional Administrator i

Docket No. 50 302 License No. DPR 72 Enclosure: List of License'e Event Reports (LERs)

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cc.w/ encl: See Page 4

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FPC- 4 cc w/ encl:

- -John P. Cowan, Vice President Nuclear Production (NA2E)

Florida _ Power Corporation:

Crystal- River Energy Complex--- '

15760 West Power Line Street Crystal ~ River, FL- 34428 6708

Chip Pardee Director -

- Nuclear P1 ant Operations!(NA2C).

Florida Power Corporation

= Crystal River Energy Complex 15760 West Power Line Street Crystal River, FL. 34428 6708

. Robert E. Grazio, Director (SA2A)

Nuclear Regulatory Affairs-Florida Power Corporation-

_ Crystal River Energy Complex -

-15760 West Power Line Street

Crystal River, FL 134428 6708 James S. Baumstark-(SA2C)

Director,-Quality Programs Florida Power Corporation Crystal River Energy Complex - 1 15760 West Power Line Street

- Crystal River, FL - 34428 6708 R. Alexander Glenn 1 Corporate Counsel Florida Power Corporation MAC ASA P. O. Box-14042 St. Petersburg, FL 33733 Attorney General -~

Department-of Legal Affairs

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The ' Capit_ol - ,

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- Tallahassee. FL. 32304 Director Office of Radiation Control

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FPC 5 Department of Health and

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Rehabilitative Services 1317 Winewood Boulevard Tallahassee, FL 32399 0700 Director Division of Emergency Preparedness Department of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399 2100 Chairman Board of County Commissioners Citrus County \

110 N. Apopka Avenue Inverness, FL 34450 4245 Robert B. Borsum B&W Nuclear Technologies 1700 Rockville Pike, Suite 525 Rockville, MD 20852 1631

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FPC 6 Distribution w/ encl:

PUBLIC LJCallan, EDO HThompson, DEDR AThadani, DEDE JGoldberg, OGC RZimmerman, NRR EJulian, SECY BKeeling, CA Enforcement Coordinators RI RIII, RIV JLieberman, OE OE:EA File (BSummers) (2 letterhead)

DNelson, OE EHayden. OPA GCaputo OI THartin, AE0D HBell, OIG ABoland, RII JJohnson, RII JJaudon, RII KLandis, RII (IFS Action Required)

CChristensen, RII LRagahavan, NRR FHebdon, NRR RSchin, RII KClark. RII RTrojanowski,RII y NRC Resident Inspector U.S. Nuclear Regulatory Commission 6745 N. Tallahassee Road Crystal River, FL 34428

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SEND TO PUBl!C 00CtN M 00M7 Yes /

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cnPY? [YES /NO DES NO /EM NO VES # (@ [VIShNO [VES/ NO OFFICIAL RbCORD COPY DOCUMENT NAME: Ri\197open.enf\97565cr.di AUJffal .oe2.

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LIST OF LICENSEE EVENT REPORTS (LERs)

INCLUDED IN NCV 50 302/97 21 01 >

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LER-!JUMBER Title -

EVENT DATE REPORT DATE 97 042 INADEQUATE ENGINEERING EVALUATION RESULTS IN LOSS OF DIVERSE 07/30/97- REACTOR COOLANT SYSTEM LEAK DETECTION CAPABILITY - (RM A6 12/17/97 GASEOUS CHANNEL CANNOT DETECT A 1 GPM RCS LEAK WITHIN 1 HOUR)

97 043 A DEFICIENCY IN THE ELECTRICAL DESIGN CRITERIA RESULTED IN 12/08/97 THE CONTROL COMPLEX CHILLER MOTOR TRIP SETP0 INT BELOW THE 01/06/98 FULL LOAD AMPERE SETTING 97 044 BREAKER TRIP SETPOINT COULD RESULT IN DEENERGIZING SAFETY-12/09/97 RELATED EQUIPMENT DUE TO INADEQUATE DESIGN CRITERIA (LONG-01/05/98 TIME SETTING 0F BREAKER 3351 SET T00 LOW FEEDER BREAKER TO 480V ES MOTOR CONTROL CENTER)

97 045 CONTAINMENT ISOLATION VALVES NOT SEISMICALLY QUALIFIED DUE TO 12/05/97 INSTALLATION ERROR 12/31/97 97-046 A DESIGN ERROR RESULTED IN A POTENTIAL FOR THE EMERGENCY 12/20/97 DIESEL GENERATOR TO BE UNAVAILABLE FOLLOWING A POSTULATED 01/16/98 APPENDIX R EVENT. (EXCITER CIRCUIT NOT PROTECTED FOR CONTROL ROOM FIRE)

Letter dated SYSTEMS, STRUCTURES, AND COMPONENTS WERE NOT PROTECTED FROM January 23, THE DYNAMIC EFFECTS OF A LOSS OF COOLANT ACCIDENT (EFW LEVEL 1998, (issue TRANSMITTER LINE FROM STEAM GENERATOR HAD TO BE REROUTED)

to be submitted as LER 98 001)

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1 Enclosure

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