IR 05000334/2002003

IR 05000334/2002-003, IR 05000412/2002-003, on 09/01/01-03/15/2002; Firstenergy Nuclear Operating Company; Units 1 and 2; Alert and Notification System. One Yellow Violation Identified

ML021050103
Person / Time
Site:	Beaver Valley
Issue date:	04/12/2002
From:	Lanning W Division of Reactor Safety I
To:	Myers L FirstEnergy Nuclear Operating Co
References
EA-02-041-1 IR-02-003
Download: ML021050103 (13)

Text

ril 12, 2002

SUBJECT:

BEAVER VALLEY POWER STATION - NRC INSPECTION REPORT 50-334/02-03, 50-412/02-03

Dear Mr. Myers:

The NRC conducted an in-office inspection of details of the public alert and notification system (ANS) for the Beaver Valley Power Station (BVPS) between February 1 and March 15, 2002.

This inspection was a follow-up to our unresolved item identified in Inspection Report 50-334; 50-412/01-008, issued October 17, 2001, pertaining to personal home alerting devices (PHADs), which are a part of the ANS. The enclosed report documents the inspection findings that were discussed via telephone on March 15, 2002, with yourself, and other members of your staff.

This inspection examined activities conducted under your licensee as they relate to safety and compliance with the Commissions rules and regulations and with the conditions of your license.

The inspection consisted of a thorough examination of your emergency plan, the design documentation for the ANS, and results from your staffs testing and surveying the ANS since the issue was identified.

The PHAD issue was Unresolved when the inspection report was issued in October 2001, because more information was needed to determine its significance. Specifically, input from FEMA was needed to determine if the PHADs were integral to the ANS, and information was needed from you regarding the general operating condition of the PHADs. On October 19, 2001, the NRC sent a letter (Accession Number ML012880390) to FEMA requesting answers to several questions regarding PHADs. We received FEMAs reply on February 5, 2002 (Accession Number ML020650586).

Based on the results of this inspection, one preliminary finding of substantial safety significance (Yellow) was identified. The finding is associated with the failure to ensure that the ANS, as designed and approved by FEMA, was maintained and operable to perform its function.

Specifically, there was no assurance that the PHADs were being tested and maintained so as to fulfill their design function within the ANS. The finding has substantial safety significance because portions of the emergency planning zone would not be adequately covered by the ANS

Mr. L. to alert the public in Beaver County of a radiological emergency at the BVPS. The failure to maintain the ANS design function is an apparent violation of 10 CFR Part 50.47(b)(5) and is being considered for escalated enforcement action in accordance with the General Statement of Policy and Procedure for NRC Enforcement Actions (Enforcement Policy), NUREG-1600.

The current Enforcement Policy is accessible from the NRC Web Site at http://www.nrc.gov.

We believe that we have sufficient information to make our final significance determination for failure to maintain the design function of the ANS. Nevertheless, you have the opportunity to either request a regulatory conference to discuss your evaluation and any differences with the NRC evaluation of this issue, or to send us your position in writing. Please contact Mr. Richard Conte at (610) 337-5183 within 7 days of the date of this letter to inform 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 by separate correspondence of the results. Since the NRC has not made a final determination in this matter, no Notice of Violation is being issued at this time. In addition, please be advised that the characterization of the apparent violation described in the enclosed report may change as a result of further review.

Also, based upon the results of our inspection, the NRC has determined that a Severity Level IV violation of NRC requirements occurred. This issue involved a change made to the emergency plan regarding the PHADs, which decreased the plans effectiveness without receiving prior NRC approval. This issue was not assessed by the Significance Determination Process, consistent with Section IV.A.3 of the Enforcement Policy, because this change impacted the regulatory process. However, this violation is being treated as a Non-Cited Violation (NCV),

consistent with Section VI.A of the Enforcement Policy. This violation is described in the subject inspection report. If you deny this violation, you should provide a responses within 30 days of the Document Control Desk, Washington, DC 20555-0001; with copies to the Regional Administrator Region I; the Director, Office of Enforcement, United States Nuclear Regulatory Commission, Washington, DC 20555-0001; and the NRC Resident Inspector at the Beaver Valley Power Station.

It is our understanding that compensatory measures are in place regarding the degraded PHADs. In the short term, your staff has informed Beaver County and they will perform automatic route alerting of areas designated to be covered by the PHADs. In the long term, we understand that you will be installing additional pole mounted sirens that will replace the PHADs. This change to your ANS should be submitted to FEMA for their review and approval, after which you may change your emergency plan to reflect the change.

In accordance with 10 CFR 2.790 of the NRC's "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 Publically 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).

Mr. L. If you have any questions please contact me at 610-337-5126.

Sincerely,

/RA/

Wayne D. Lanning, Director Division of Reactor Safety Docket Nos. 50-334, 50-412 License Nos. DPR-66, NPF-73 Enclosure: Inspection Report 50-334/02-03, 50-412/02-03 cc w/encl : L. W. Pearce, Plant General Manager R. Fast, Director, Plant Maintenance F. von Ahn, Director, Plant Engineering R. Donnellon, Director, Maintenance M. Pearson, Director, Services and Projects J. Lash, Personnel Development L. Freeland, Manager, Nuclear Regulatory Affairs & Corrective Actions M. Clancy, Mayor, Shippingport, PA Commonwealth of Pennsylvania State of Ohio State of West Virginia P. Cote, Acting Regional Director, FEMA Region III

Mr.