IR 05000305/2008503
| ML083030693 | |
| Person / Time | |
|---|---|
| Site: | Kewaunee  |
| Issue date: | 10/29/2008 |
| From: | Caldwell J Region 3 Administrator |
| To: | Christian D Dominion Energy Kewaunee |
| References | |
| EA-08-223 IR-08-503 | |
| Download: ML083030693 (6) | |
Text
October 29, 2008
SUBJECT:
FINAL SIGNIFICANCE DETERMINATION FOR A WHITE FINDING AND NOTICE OF VIOLATION; NRC INSPECTION REPORT NO. 05000305/2008503; KEWAUNEE POWER STATION
Dear Mr. Christian:
The purpose of this letter is to provide you the final results of our significance determination of the preliminary White finding identified in the subject inspection report. The inspection finding was assessed using the Significance Determination Process and was preliminarily characterized as White, a finding with low to moderate importance to safety that may require additional NRC inspections. This White finding involved Kewaunee's emergency plan emergency action levels (EALs) RA1.1 and RA1.2 specifying instrument threshold values that were beyond the limits of the effluent radiation monitors capabilities to accurately measure and indicate. The inability to classify emergencies with these EALs does not comply with the requirements in 10 CFR 50.54(q) associated with planning standard 50.47(b)(4).
In a telephone conversation with Mr. Hironori Peterson, of the U.S. Nuclear Regulatory Commission (NRC), Region III, on September 29, 2008, Mr. Thomas Breene of your staff indicated that Dominion did not contest the characterization of the risk significance of this finding and that you declined your opportunity to discuss this issue in a Regulatory Conference or to provide a written response.
After considering the information developed during the inspection, the NRC has concluded that the inspection finding is appropriately characterized as White, a finding with low to moderate importance to safety that may require additional NRC inspections. The subject inspection report provided the detailed information about the assumptions used in the Emergency Preparedness Significance Determination Process analysis.
You have 30 calendar days from the date of this letter to appeal the staff=s determination of significance for the identified White finding. Such appeals will be considered to have merit only if they meet the criteria given in the NRC Inspection Manual Chapter 0609, Attachment 2.
The NRC has also determined that the finding is associated with a violation of NRC requirements, as cited in the enclosed Notice of Violation (Notice). Specifically, the NRC determined that a violation of 10 CFR Part 50.54(q) occurred due to your staffs failure to follow and maintain in effect emergency plans which met the standards in 50.47(b). The circumstances surrounding the violation were described in detail in the subject inspection report. In accordance with the NRC Enforcement Policy, the Notice is considered an escalated enforcement action because it is associated with a White finding.
The NRC has concluded that the information regarding the reason for the violation, the corrective actions taken, and the date when full compliance was achieved is already adequately addressed on the docket in the subject inspection report. Therefore, you are not required to respond to this letter unless the description therein does not accurately reflect your corrective actions or your position.
Because plant performance for this issue has been determined to be in the regulatory response band, we will use the NRC Action Matrix to determine the most appropriate NRC response for this event. We will notify you, by separate correspondence, of that determination.
In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter, its enclosure, 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. To the extent possible, your response should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the public without redaction.
Sincerely,
/RA/
James L. Caldwell Regional Administrator Docket No. 50-305 License No. DPR-43 Enclosure:
Notice of Violation cc w/encl:
S. Scace, Site Vice President
M. Wilson, Director, Nuclear Safety and Licensing
C. Funderburk, Director, Nuclear Licensing and
Operations Support
T. Breene, Manager, Nuclear Licensing
L. Cuoco, Senior Counsel
D. Zellner, Chairman, Town of Carlton
J. Kitsembel, Public Service Commission of Wisconsin
P. Schmidt, State Liaison Officer