IR 05000317/2002004

EA-02-138, Calvert Cliffs, Final Significance Determination for White Finding & NOV (IR 05000317-02-004 & IR 05000318-02-004)

ML022330477
Person / Time
Site:	Calvert Cliffs
Issue date:	08/19/2002
From:	Miller H NRC Region 1
To:	Katz P Calvert Cliffs, Constellation Generation Group
References
EA-02-138 IR-02-004
Download: ML022330477 (5)

Text

ust 19, 2002

SUBJECT:

FINAL SIGNIFICANCE DETERMINATION FOR A WHITE FINDING AND NOTICE OF VIOLATION AT CALVERT CLIFFS NUCLEAR POWER PLANT (NRC Inspection Report 50-317/02-04; 50-318/02-04)

Dear Mr. Katz:

The purpose of this letter is to provide you with the final results of our significance determination for the preliminary White finding identified during an inspection completed on June 29, 2002, at the Calvert Cliffs Nuclear Power Plant, Units 1 & 2. The results of the inspection were discussed with Mr. David Holm and other members of your staff at an exit meeting on July 10, 2002. 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, which may require additional NRC inspections.

This preliminary White finding involved the failure to adequately prepare a radioactive material shipment to a waste processing facility in a manner such that, under conditions normally incident to transportation, the radiation level at any point on the external surface of the package would not exceed 200 millirem per hour, as specified in the Department of Transportation regulation set forth in 49 CFR 173.441(a). As a result, upon arrival of the shipment at the processing facility in Oak Ridge, Tennessee, on May 24, 2002, the radiation levels measured on portions of the external surface of the package, were as high as 300 millirem per hour, which was in excess of the regulatory limit.

In a letter dated July 30, 2002, the NRC transmitted the inspection report and provided you an opportunity to either request a regulatory conference to discuss this finding, or explain your position in a written response. In a telephone conversation with Ms. Michele Evans of NRC, Region I, on August 12, 2002, Mr. Mark Geckle of your staff indicated that the Constellation Generation Group did not contest the characterization of the risk significance of this finding and declined the opportunity to discuss this issue in a Regulatory Conference or 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. You have 10 business days

Peter from the date of this letter to appeal the staffs determination of significance for the identified White finding. Such appeals will be considered to have merit only if they meet the criteria given in NRC Inspection Manual Chapter 0609, Attachment 2.

The NRC also determined that the transport of this material in such a manner that the radiation levels exceeded 200 millirem per hour on portions of the external surface of a package upon arrival at the processing facility, constitutes a violation of 10 CFR Part 20 and Department of Transportation requirements, as cited in the attached Notice of Violation. The circumstances surrounding the violation were described in detail in the subject inspection report. In accordance with the NRC Enforcement Policy, NUREG-1600, this Notice of Violation is considered escalated enforcement action because it is associated with a White finding.

You are required to respond to this letter and should follow the instructions specified in the enclosed Notice of Violation when preparing your response. 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 2.790 of the NRCs Rules of Practice, a copy of this letter and its enclosure will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records (PARS) component of NRCs document system (ADAMS). ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room).

Sincerely,

/RA/ James T. Wiggins Acting For Hubert J. Miller Regional Administrator Docket Nos.: 50-317, 50-318 License Nos.: DPR-53, DPR-69 Enclosure: Notice of Violation cc w/encl: M. Geckle, Director, Nuclear Regulatory Matters (CCNPPI)

R. McLean, Administrator, Nuclear Evaluations K. Burger, Esquire, Maryland Peoples Counsel R. Ochs, Maryland Safe Energy Coalition J. Petro, Constellation Power Source State of Maryland (2)

Peter