IR 05000338/1997001

Informs of NRC Authorization to Exercise Enforcement Discretion & Withdraw NOV Re Insp Repts 50-338/97-01 & 50-339/97-01 on 970321.Violation Re Emergency Procedures Was Identified

ML20202D927
Person / Time
Site:	North Anna
Issue date:	11/25/1997
From:	Reyes L NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:	Ohanlon J VIRGINIA POWER (VIRGINIA ELECTRIC & POWER CO.)
References
50-338-97-01, 50-338-97-1, 50-339-97-01, 50-339-97-1, EA-97-542, NUDOCS 9712050187
Download: ML20202D927 (4)

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I Novertber 25, 1997 EA 97-542

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Virgir.ia Electric and Power Company ATIN: Mr. J. Senior Vice President - Nuclear Innsbrook Technical Center 5000 Dominion Boulevard Glen Allen. VA 23060 SUBJECT: EXERCISE OF ENFORCEMENT DISCRETION (NRC INTEGRATED INSPECTION REPORT NOS. 50-338/97-01 AND 50-339/97-01)

Dear Mr. O'Hanlon:

This refers to the inspection at your North Anna reactor facilities described in the subject inspection Report issued on March 21, 1997. As a result of that inspection, a Notice of Violation (V10 50-338. 339/97001-01) was issued for your failure to meet the requirements of 10 CFR 70.24. Criticality Accideat Requirements. The violation was for failure to have in place either an adequate criticality monitoring system for storage and handling of new (non-irradiated) fuel or an NRC approved exemption to the requirement.

Additionally, emergency procedures did not clearly direct area evacuation upon receipt of any alarm and drills were not conducted to familiarize personnel with evacuation plans. By letter dated April 15. 1997. you denied the violation.

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 to occur during the handling of ShM. 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 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 course of reviewing the operating licenses for its Browns Ferry facilities, noted that the exemption to 10 CFR 70.24 that had been granteo during the construction phase had not been explicitly granted in the operating license. By letters dated August 11.

1931. and August 31, 1987. TVA requested an exemption from 10 CFR 70.24. On May 11, 1988. NRC 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 1 correspondence with TVA. the NRC has determined that, in cases where a I licensee received the exemption as part of the Part 70 license issued during '

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VEPC0 2 the construction phase, both the Part 70 and Part 50 licenses should be examined to determine the status of the exemption. The NRC view now is that unless a licensee's licensing basis specifies otherwise, an exemption expires with the expiration of the Part 70 license. The NRC intends to amend 10 CFR 70.24 to provide for administr&tive 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 facilities have similar circumstances.

Notwithstanding your denial of the violation, the NRC has reconsidered this violation and concluded based on the information discussed above that.

althouch a v.alation did exist, it is appropriate to exercise enforcement discret. ion for Violations Involving Special Circumstances in accordance with Section Vll 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 plant; and finally, the NRC's intention to amend 10 CFR 70.24 through rulemaking to provide for administrative controls in lieu of criticality monitors.

Therefore. I have been authorized after consuitation with the Director. Office of Enforcement 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

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(Original signed by Luis A. Reyes)

Luis A. Reyes Regional Administrater Docket Nos. 50 338 and 50-359 License Nos.- NPF 4 and NPF-7 cc: J. H. McCarthy Manager Nuclear Licensing and Operations Support Virginia Electric & Power Company Innsbrook Technical Center 5000 Dominion Boulevard Glen Allen. VA 23060 cc cont'd: (See Page 3) 4

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VEPC0 3 cc: Continued W. R. Matthews. Manager North Anna Power Station P. O. Box 402 Mineral. VA 23117 D. A. Christian. Manager Surry Power Station Virginia Electric & Power Company 5570 Hog Island Road Surry VA 23883 Executive Vice President Old Dominion Electric Cooperative 4201 Dom'.aion Boulevard Glen Allen. VA 23060 Virginia Cor30 ration Connission Division of Energy Regulation P. b. Box 1197 Richmond. VA 23209 County Administrator Louisa County P. O. Box 160 -

Louisa. VA 23093 Michael W. Maupin. Esq.

Hunton and Williams Riverfront Plaza. East Tower 951 E. Byrd Street Richmond. VA 23219 Attorney General Supreme Court Building 900 East Main Street Richmond, VA 23219 Robert B. Strobe M.D. M.P.H.

State Health Commissioner Office of the Commissioner Virginia Department of Health P. O. Box 2448 Richmond. VA 23218

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VEPC0 4 Distribution:

J. Lieberman. OE DE: EA File (B. Summers. OE) (2 Letterhead)

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