IR 05000346/2021090
| ML21349A221 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 12/16/2021 |
| From: | Hayes M Division of Reactor Safety III |
| To: | Tony Brown Energy Harbor Nuclear Corp |
| References | |
| EA-21-155 IR 2021090 | |
| Download: ML21349A221 (6) | |
Text
SUBJECT:
REISSUE - DAVIS-BESSE - NRC INSPECTION REPORT (05000346/2021090);
Dear Mr. Brown:
The NRC identified that the inspection report sent to you dated December 9, 2021, provided an incorrect report number for the NRC Special Inspection report that was referenced due to a typographical error. As a result, the NRC is reissuing the report in its entirety to correct the error. This change does not affect the technical content of the report.
This letter transmits the NRCs preliminary detailed risk evaluation of the safety significance of an inspection finding described in NRC inspection report 05000346/2021050. The finding has preliminarily been determined to be of low to moderate increased safety significance (i.e., White) that may require additional NRC inspections. As described in the previous inspection report, the finding involved the failure to select a suitable replacement part for the emergency diesel generator (EDG) speed switch. The speed switch design was not compatible with the stations 125/250 Volts direct current (Vdc) battery system. The switch design contained a subcomponent that was rated for 170 Vdc but was exposed to a voltage potential of 201 Vdc. The long-term exposure to this voltage potential caused the switch subcomponent to fail and, combined with another unrelated ground on the 125/250 Vdc system, resulted in failure of the switch. The failure of the switch resulted in the failure of the EDG to start during testing on September 4, 2020. This finding was assessed based on the best available information, using the applicable Significance Determination Process (SDP). The final resolution of this finding will be conveyed in separate correspondence.
The basis for the staffs significance determination is provided in the enclosure. This finding does not represent a current safety concern because the speed switches on both EDGs have been replaced and interim measures have been put in place until a new design is procured.
However, 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/about-nrc/regulatory/enforcement/enforce-pol.html.
December 15, 2021 In accordance with NRC Inspection Manual Chapter 0609, we intend to complete our evaluation using the best available information and issue our final determination of safety significance within 90 days of November 19, 2021, the date of the issuance of the special inspection report that initially documented the finding. The SDP 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 to (1) 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, (2) submit your position on the finding to the NRC in writing, or (3) accept the finding as documented in the enclosure. If you request a Regulatory Conference, it should be held within 40 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. The focus of the Regulatory Conference is to discuss the significance of the finding and not necessarily the root cause(s) or corrective action(s) associated with the finding. 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 40 days of your receipt of this letter. If you decline to request a Regulatory Conference or to 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 NRC Inspection Manual Chapter 0609.
If you choose to send a response, it should be clearly marked as a "Response to An Apparent Violation; (EA-21-155)" and should include for the apparent violation: (1) the reason for the apparent violation or, if contested, the basis for disputing the apparent violation; (2) the corrective steps that have been taken and the results achieved; (3) the corrective steps that will be taken; and (4) the date when full compliance will be achieved. Your response should be submitted under oath or affirmation and may reference or include previously docketed correspondence, if the correspondence adequately addresses the required response.
Additionally, your response should be sent to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Center, Washington, DC 20555-0001 with a copy to Laura Kozak, acting Branch Chief, U.S. Nuclear Regulatory Commission, Region III, 2443 Warrenville Road, Suite 210, Lisle, IL 60532, within 40 days of the date of this letter. If an adequate response is not received within the time specified or an extension of time has not been granted by the NRC, the NRC will proceed with its enforcement decision or schedule a Regulatory Conference.
Please contact Laura Kozak at 630-829-9604 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. The final resolution of this matter will be conveyed in separate correspondence.
Because the NRC has not made a final determination in this matter, no Notice of Violation is being issued for these inspection findings at this time. In addition, please be advised that the characterization of the apparent violation described in the enclosed inspection report may change as a result of further NRC review. In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter and its enclosure will be made available electronically for public inspection in the NRC Public Document Room and in the NRCs Agencywide Documents Access and Management System (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.
Sincerely, Michelle Hayes, Acting Deputy Director Division of Reactor Safety Docket No. 05000346 License No. NPF-3 Enclosure:
As stated cc: Distribution via LISTSERV Signed by Hayes, Michelle on 12/15/21