IR 05000317/1996008

Discusses Exercise Enforcement Insp Repts 50-317/96-08 & 50-318/96-08 Issued on 961220 & NOV Re Failure to Meet Requirements of 10CFR70.24, Criticality Accident Requirements

ML20198A557
Person / Time
Site:	Calvert Cliffs
Issue date:	12/22/1997
From:	Hehl C NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:	Cruse C BALTIMORE GAS & ELECTRIC CO.
References
50-317-96-08, 50-317-96-8, 50-318-96-08, 50-318-96-8, EA-97-603, NUDOCS 9801060020
Download: ML20198A557 (3)

Text

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December 22, 1997  !

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EA'97 603 -

FMr. Charles .

Vice President - Nuclear Energy .!

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Baltimore Gas and Electric Company (BGE)

Calvert Cliffs Nuclear Power Plant

~1650 Calvert Cliffs Parkway Lusby, MD 20657-4702 SUBJECT: EXERCISE OF ENFORCEMENT DISCRETION (NRC Integrcted Inspection Report Nos. 50 317/96 08and 50-318/96-08) i

Dear Mr.' Cruse:

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-This refers to the inspection at Calvert Cliffs Nuclear Power Plant described in the subject ,

Inspection Report issued on December 20,1996. As a result of that inspection, a Notice of Violation was issued for your failure to meet the requirements of 10 CFR 70.24, Criticality Accident Requirements. The violation was for failure to have in place either a criticality rnanitoring system for storage and handling of new (non-irradiated) fuel or an NRC approved exemption to the requirement.

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10 CFR 70.24 requires that each licensee i Jthorized to possess more than a small amount of special nuclear n;aterial (SNM) maintain in each area in which such materialis handlad, used, or stored a criticality monitoring system which will energize clearly audible alarm signals if accidental criticality occurs. The purpose of 10 CFR 70.24 is to erisure that, if a criticality were to occur during the handling of SNM, personnel woulci be alerted to that fact and would take appropriate action.

Most nuclear power plant licensees were granted exemptions from 10 CFR 70.24 during the construction of their plants as part of the Part 70 license issued to permit the rece!pt of the initial core. Generally, these exemption were not explicitly renewed when the Part 50

operating license was issued, which contained the combined Part 50 and Part 70 authority.

In August 1981, the Tennessee Valley Authority (TVA), in the course of reviewing the operating licenses for its Browns Ferry facilities, noted that the exemption to 10 CFR 70.24 that had been granted during tne construction phase had not been explicitly granted

. In the operating licen.se. By letters dated August 11,1981, and August 31,1987, TVA requested an exemption from 10 CFR 70.24. On May 11,1988, NRC informed TVA inat

"the previously issued exemptions are still in effect even though the specific provisions of the Part 70 licenses were not incorporated into the Part 50 license." Notwithstanding the correspondence with TVA, the NRC has determined that, in cases where a license received the exemption as part of the Part 70 licensee issued ouring the construction phase, both the Part 70 and Part 50 licenses should be examined to determine the status of the

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. exemption. The NRC view now is that unless a licensee's licensing basis specifies  ;

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9901060020 971222

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4POR- ADOCK 05000317 PDR 0FFICIAL RECORD C0" IE:01 Il. l1llll

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Charles H. Cruse-- 2 ,

otherwise, an exemption expires with the expiration of the Part 70 license. The NRC

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intends to amend 10 CFR 70.24 to provide for administrative controls in lieu of criticality monitors.

Thus, as described in the inspection report, your facility was in violation of 10 CFR 70.24.

Numerous other f acilities have similar circumstances. The NRC has reconsidered this violation and concluded based on the information discussed abovo that, although a violation did exist, it is appropriate to exercise enforcement discretion for Violations involving Special Circumstances in accordance with Section Vil B.6 of the " General Statement of Policy and Procedures for NRC Enforcement Actions" (Enforcement Policy),

NUREG 1600. The bases for exercising this discretion are the lack of safety significance of the f ailure to meet 10 CFR 70.24; the f ailure of the ivRC staff to recognize the need for an exemption during the licensing process; the prior NRC position on this matter documented in its letter of May 11,1988, to TVA c.,ncerning the lack of a need for an exemption for the Browns Ferry plant; and finally, the NRC's intention to amend 10 CFR 70.24 through rulemaking to pmvide for administrative controls in lieu of criticality monitors.

-Therefore, I have been authorized after consultation with the Director, Office of Enforceme 't to exercise enforcement discretion and withdraw the Notice of Violation.

No response to this letter is required. In accordance with 10 CFR 2.790 of the NRC's

" Rules of Practice," a copy of this letter will be placed in the NRC Public Document Room (PDR).

Sincerely, Original Signed by:

Charles W. Hehl, Director Division of Reactor Projects Docket Nos. 50-317/DPR 53 50 318/DPR-69 cc:

- T. Pritchett, Director, Nuclear Regulatory Matters (CCNPP) ,

R. McLean, Administrator, Nuclear Evaluations J. Walter, Engineering Division, Public Service Commission cf Maryland K. Burger, Esquire, Maryland People's Counsel R. Ochs, Maryland Safe Energy Coalition State of Maryland (2)

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v Charles Distribution: -

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H. Miller, RA/W. Axcison, DRA (1) - 1 Nuclear Safety information Center (NSIC)

PUBLIC - '

NRC Resident inspector Region i Docket Room (with concurrences)

L. Doerflein, DRP -

M. Oprendek, DRP R. Junod, DRP r

Distribution:' (VIA E MAIL) .

M. Leach, RI EDO Coordinator R. Zimmerman, ADPR, NRR J. Goldberg, OGC J. Lieberman, OE (2) (OE MAIL)

, D. Holody, EO, al T. Walker, SES, RI S. Stewart - Calvert Cliffs S. Bajw a, NRR A. Dromerick, NRR M. Campion, Rl Inspection Program Branch, NRR (IPAS)

R. Correia, NRR F. Talbot, NRR DOCDESK DOCUMENT NAME: G:\ BRANCH 1\ENF97603.CC

. To receive a copy of this document, indicate in the box: "C" = Copy without attachment / enclosure

"E" = Copy with attachment / enclosure "N" = No copy OFFICE - Rl/DRP __

l Rl/DR,P l NAME- LDoerflein off[) CHe W l DATE 12/19 /97 12/ FP /97 l

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OFFICIAL RECORD COPY