IR 05000317/2008502

IR 05000317-08-502 and 05000318-08-502; Constellation Generation Group, LLC; 11/17/08 - 1/14/09; Calvert Cliffs Nuclear Power Plant, Units 1 and 2; Emergency Action Level (EAL) and Emergency Plan Changes

ML090570198
Person / Time
Site:	Calvert Cliffs
Issue date:	02/26/2009
From:	Darrell Roberts Division of Reactor Safety I
To:	Spina J Calvert Cliffs
References
EA-08-323, EA-08-351 IR-08-502
Download: ML090570198 (17)

Text

ary 26, 2009

SUBJECT:

CALVERT CLIFFS NUCLEAR POWER PLANT - NRC EMERGENCY PREPAREDNESS INSPECTION REPORT 05000317/2008502 AND 05000318/2008502; PRELIMINARY WHITE FINDING

Dear Mr. Spina:

On January 14, 2009, the U.S. Nuclear Regulatory Commission (NRC) completed an Emergency Preparedness inspection at your Calvert Cliffs Nuclear Power Plant (CCNPP). The inspection included on-site inspection on November 17 through 21, 2008, and in-office inspection through January 14, 2009. The enclosed inspection report documents the inspection results, which were discussed on January 14, 2009, with Mr.

D. Bauder, Plant General Manager, and other members of your staff.

The inspection examined activities conducted under your license as they relate to safety and compliance with the Commissions rules and regulations, and with the conditions of your license. The inspector reviewed selected procedures and records, observed activities and interviewed personnel.

This letter transmits one licensee-identified finding that has preliminarily been determined to be White, a finding with low to moderate safety significance, which may require additional NRC inspection. The finding is associated with emergency preparedness planning standard 10 CFR 50.47(b)(4). Specifically, for the period of August 31, 2005, until April 10, 2008, the Calvert Cliffs emergency action level (EAL) tables fission product barrier matrix contained an inaccurate threshold associated with the potential loss of the containment barrier. Constellation evaluated this condition and took prompt actions to correct the inaccurate EAL. This finding was assessed using the emergency preparedness Significance Determination Process (SDP). The final resolution of this finding will be conveyed in separate correspondence.

The finding is also an apparent violation of NRC requirements and is being considered for escalated enforcement action in accordance with the Enforcement Policy, which can be found on the NRCs Web site at http://www.nrc.gov/reading-rm/doc-collections/enforcement. In accordance with the NRC Inspection Manual Chapter (IMC) 0609, we intend to complete our evaluation using the best available information and issue our final determination of safety significance within 90 days of the date of this letter. The significance determination process encourages an open dialogue between the NRC staff and the licensee; however, the dialogue should not impact the timeliness of the staffs final determination. Before we make a final decision on this matter, we are providing you with an opportunity (1) to attend a Regulatory Conference where you can present to the NRC your perspective on the facts and assumptions the NRC used to arrive at the finding and assess its significance, or (2) submit your position on the finding to the NRC in writing. If you request a Regulatory Conference, it should be held within 30 days of the receipt of this letter and we encourage you to submit supporting documentation at least one week prior to the conference in an effort to make the conference more efficient and effective. If a Regulatory Conference is held, it will be open for public observation. If you decide to submit only a written response, such submittal should be sent to the NRC within 30 days of your receipt of this letter. If you decline to request a Regulatory Conference or submit a written response, you relinquish your right to appeal the final SDP determination, in that by not doing either you fail to meet the appeal requirements stated in the Prerequisite and Limitation Sections of Attachment 2 of IMC 0609.

Please contact James Trapp at 610-337-5186, and in writing, within 10 days from the issue date of this letter to notify the NRC of your intentions. If we have not heard from you within 10 days, we will continue with our significance determination and enforcement decision, and you will be advised of the results of our deliberations on this matter.

Since the NRC has not made a final determination in this matter, no Notice of Violation is being issued for this inspection finding at this time. In addition, please be advised that the number and characterization of the apparent violation may change as a result of further NRC review.

Additionally, based on the results of this inspection, the NRC has determined that a licensee-identified Severity Level IV violation of NRC requirements occurred. This violation is being treated as a non-cited violation (NCV) consistent with Section VI.A of the NRC Enforcement Policy. This NCV is described in the subject inspection report. If you contest the violation or significance of the NCV, you should provide a response within 30 days of the date of this inspection report, with the basis for your denial, to the Nuclear Regulatory Commission, ATTN.: Document Control Desk, Washington, DC 20555-0001, with copies to: (1) the Regional Administrator, Region I; (2) the Director, Office of Enforcement, United States Nuclear Regulatory Commission, Washington, DC 20555-0001; and (3) the NRC Resident Inspector at the CCNPP. 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 any) will be made available electronically for public inspection in the NRC Public Document Room or from the NRCs document system (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html

Sincerely,

/RA by Eugene W. Cobey for/

Darrell Roberts, Director Division of Reactor Safety Docket Nos.: 50-317, 50-318 License Nos.: DPR-53, DPR-69 Enclosure: Inspection Report 05000317/2008502 and 05000318/2008502