IR 05000324/1996013

Discusses Insp Repts 50-324/96-13,50-325/96-13,50-324/96-15 50-325/96-15 Issued on 961011 & 1122 & Violations Re Failure to Meet Requirements of 10CFR70.24 Criticality Accident Requirements

ML20197G691
Person / Time
Site:	Brunswick
Issue date:	12/05/1997
From:	Reyes L NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:	Orser W CAROLINA POWER & LIGHT CO.
References
50-324-96-13, 50-324-96-15, 50-325-96-13, 50-325-96-15, EA-97-560, NUDOCS 9712310096
Download: ML20197G691 (4)

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! December-5,J 1997-- ,

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EA-97-560 Carolina Power & Light Company

ATTN: Mr. W, S. Orser.

Executive Vice President-Nuclear Generation P. O.~ Box 1551

'Raleigh _NC 27602 SUBJECT.: EXERCISE OF ENFORCEMENT-DISCRETION (NRC-INTEGRATED INSPECTION REPORT NOS. 50-325/96-13, 5.-324/96-13-

AND 50-325/96-15. 50-324/96 1.5)

Dear.Mr. Orser:

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This refers to the inspections at Brunswick described in the subject Inspection Reports issued on October 11. 1996 and November 22, 1996. As a

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result of these inspections. a Notice of Violation and a Non-Cited Violation-were issued for your failure to meet the requirements of 10 CFR 70.24.

Criticality Accident Requirements. The violation-was for an incorrect new fuel criticality monitor setpoint and the non-cited violation was for failure to perform criticality drills.

10 CFR'70.24 requires that each licensee authorized to possess more than a small amount of s)ecial nuclear material-(SNM) maintain in each area in which such material is landled, 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 ensure that if a criticality were

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to occur during the handling of-SNM personnel would be alerted to that fact and would take-appropriate action.

Most nuclear power plant licensees were granted exem)tions from 10 CFR 70.24 t during the construction of their plants as part of t1e Part 70 license-issued to' permit the receipt of the initial core. Generally, these exemptions 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 i . arse of reviewing the operating

. licenses for its Browns Ferry facilities, noted-that the exemption to 10 CFR 70,24 that had been granted.during the. construction phase had not been explicitly granted in the operating-license. By letters dated August-11.

1981, and August 31.-1987. TVA requested an' exemption f:om 10 CFR 70.24. On

.May lit 1988. NkC' informed TVA that "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.-

-licensee received the exemption as.part of the.Part 70 license issued during the construction phase, both the Part'70 and Part 50 licenses should b)

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examined to determine the status of the exemption. The NRC view now is that i funless a licensee's licensing basisyspecifies otherwise.-an exemption expires 'q

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9712310096 971[0E -

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CP&L 2 with the expiration of the Part 70-license. The NRC intends to amend 10 CFP 70.24 to provide for administrative controls in lieu of criticality monitors.

Thus. as described in the ins)ection reports, your facility was in violation of 10 CFR 70.24. Numerous oller facilities have similar circumstances. The NRC has reconsidered this violation and the non-cited violation and concluded based on the information discussed alave that although violations did exist.

it is appropriate to exercise enforcement discretion for Violations involving Special Circumstances in accordance with Section VII 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 failure to meet 10 CFR 70.24: the failure of the NRC 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 concerning the lack of a need for an exemption for the Browns Ferry )lant: and finally, the NRC's intention to amend 10 CFR 70.24 through rulemacing to provide for administrative controls in lieu of criticality monitors.

Therefore. I have been authorized after consultation with the Director. Office of Enforcement to exercise enforcement discretion and withdraw the Notice of Violation and the non. cited violation. Pending the amendment of 10 CFR 70.24 further enforcement action will not be taken for failure to meet 10 CFR 70.24 provided you obtain an exemption to this regulation before the next receipt of fresh fuel or before the next planned movement of fresh fuel.

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.

Sincerely

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( Original signed by B. Hallett for )

Luis A. Reyes Regional Administrator Docket No. 50-325 and 50-324 License Nos. OPR-71 and DPR-62 cc: C. S. Hinnant. Vice President Brunswick Steam Electric Plant P. O. Box 10429 Southport. NC 28461 Director Site Operations-Brunswick Steam Electric Plant P. O. Box 10429 3outhport. NC 28461 (cc cont'd - See page 3)

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.i CP&L 3 (cc cont'd)

J. J. Lyash Plant Manager Brunswick Steam Electric Plant-Carolina Power & Light Company P. 9. Box 10429 Southport NC 28461 D. B. Alexander. Manager Performance Evaluation and .

Regulatory Affairs OHS 7 Carolina Power & Light Company 412 S. Wilmington Street Raleigh. NC 27601 K.-R. Jury Manager Regulatory Affairs Carolina Power & Light Company Brunswick Steam Electric Plant P. O. Box 10429 Southport. NC 28461-0429 W. D. Johnson. Vice President and Senior Counsel Carolina Power & Light Company P. O. Box 1551 Raleigh. NC 27602 Mel Fry. Acting Director Div. of Radiation Protection N. C. Dept. of Environmental Healt.h & Natural Resources 3825 Barrett Driv:

Raleigh NC 2'/609-7721 Karen E. Long Assistant Attorney General State of North Carolina P. O. Box 629 Raleigh. NC 27602 Robert P. Gruber Executive Director Public Staff - NCUC P. O. Box 29520-Raleigh. NC' 27626-0520 (cc cont'd - See page 4)

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f CP&L 4 (cc cont'd)

Public Service Commission State of South Carolina P. O. Box 11649 Columbia. SC 29211

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Jerry W. Jones Chairman Brunswick County Board of Commissioners P. O. Box 249 Bolvia. NC 28422 Dan E. Summers Emergency Management Coordinator New Hanover County Department of Emergency Management P. O. Box 1525 Wilmington NC 28402 Hilliam H. Crowe, Mayor City of Southport 201 East Moore Street Southport. NC 28461 Dist ribution:

J. Lieberman. OE B. Summers. OE:EA file (2 letterhead)

M. Shymlock. RII D. Trimble. NRR J. Coley. RII R. Balewin RII J. Lenahan, RII W. Rankin RIl D. Thompson. RII PUBLIC NRC Resident Inspector U.S. Nuclear Regulatory Commission 8470 River Road. SE Southport. NC 28461 WilCE gi n :DRP_ aiq:DaP, , _ Ril:DRP , q RM/) HQ:0E g egg SIGNAM jfff ,jf\ fp M g fyyjf QW _

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