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Category:CORRESPONDENCE-LETTERS
MONTHYEARML20217H5811999-10-15015 October 1999 Forwards 1999 Update to FSAR, for McGuire Nuclear Station.With Instructions,List of Effective Pages for Tables & List of Effective Pages for Figures ML20217G7861999-10-13013 October 1999 Forwards MOR for Sept 1999 & Revised MOR for Aug 1999 for McGuire Nuclear Station,Unit 1 & 2 ML20217F3591999-10-13013 October 1999 Forwards Info Copy of Cycle 14 COLR for McGuire Nuclear Station,Unit 1 ML20217F3261999-10-13013 October 1999 Submits Quantity of Tubes Insp from Either Side of SGs A-D & Lists Tubes with Imperfections,Locations & Size.No Tubes Removed from Svc by Plugging.Total of Eleven Tubing Wear Indications Identified at Secondary Side Supports in SGs ML20217F8011999-10-13013 October 1999 Informs That on 990930,NRC Completed mid-cycle PPR of McGuire Nuclear Station.Areas That Warranted More than Core Insp Program Over Next Five Months,Not Identified.Historical Listing of Plant Issues Encl ML20217J5091999-10-0606 October 1999 Forwards Revs to Section 16.15-4.8.1.1.2.g of McGuire Selected Licensee Commitments Manual.Section Has Been Revised to Allow Testing of Portions of DG Fuel Oil Sys Every 10 Yrs ML20217C8351999-10-0505 October 1999 Communicates Correction to Info Provided During 990917 Meeting with Duke Energy & NRC Region Ii.Occupational Radiation Safety Performance Indicator Values Should Have Been Presented as 1 Instead of 0 ML20217C4471999-10-0404 October 1999 Forwards Insp Repts 50-369/99-06 & 50-370/99-06 on 990801- 0911.Determined That One Violation Occurred & Being Treated as Non-Cited Violation ML20212J2191999-10-0404 October 1999 Informs That Util 980326 Response to GL 97-06, Degradation of SG Internals Provides Reasonable Assurance That Condition of Steam Generator Internals Are in Compliance with Current Licensing Bases for Facility ML20212J7801999-10-0404 October 1999 Discusses GL 98-01 Issued by NRC on 980511 & DPC Responses for McGuire NPP & 990615.Informs That NRC Reviewed Responses & Concluded That All Requested Info Re Y2K Readiness Provided.Subj GL Considers to Be Closed ML20212M1651999-09-23023 September 1999 Refers to 990917 Meeting at Region II Office Re Licensee Presentation of self-assessment of McGuire Nuclear Station Performance.List of Attendees & Licensee Presentation Handouts,Encl ML20212D1671999-09-20020 September 1999 Forwards Exemption & SER from Certain Requirements of 10CFR50,App A,General Design Criterion 57 Re Isolation of Main Steam Branch Lines Penetrating Containment.Exemption Related to Licensee Application ML20212B6491999-09-15015 September 1999 Informs That Encl Announcement Re 990913 Application for Amend to Licenses NPF-9 & NPF-7 Forwarded to C Observer in North Carolina,For Publication ML20212D5321999-09-15015 September 1999 Informs That Duke Energy Corp Agrees to Restrict Max Fuel Rod Average Burnup to 60,000 Mwd/Mtu,In Order to Support NRC Final Approval & Issuance of Requested Amend ML20212A4131999-09-14014 September 1999 Informs That TR DPC-NE-2009P Submitted in 990817 Affidavit, Marked Proprietary,Will Be Withheld from Public Disclosure, Pursuant to 10CFR2.709(b) & Section 103(b) of Atomic Energy Act of 1954,as Amended ML20216E8791999-09-14014 September 1999 Forwards Monthly Operating Repts for Aug 1999 & Revised Monthly Operating Rept for July 1999 for McGuire Nuclear Station ML20212A0501999-09-10010 September 1999 Informs That Postponing Implementation of New Conditions Improved by RG 1.147,rev 12,acceptable Since Evaluation on Relief Based on Implementing Code Case for Duration of Insp Interval ML20212A2631999-09-0909 September 1999 Forwards Rev 25 to McGuire Nuclear Station,Units 1 & 2 Pump & Valve Inservice Testing Program, IAW 10CFR50.55a. Section 8.0 Contains Summary of Changes & Detailed Description of Changes Associated with Rev 25 ML20212A5191999-09-0808 September 1999 Requests NRC Approval for Relief from Requirements of ASME Boiler & Pressure Vessel Code,Section XI,1989 Edition,App VI,VI-2430(c) & 2440(b).Approval of 99-GO-002 Is Requested by 000301 ML20211J3671999-08-31031 August 1999 Forwards Public Notice of Application for Amend to License NPF-9 Seeking one-time Extension of Surveillance Frequency for TS SR 3.1.4.2 Beyond 25% Extension Allowed by TS SR 3.0.2 ML20211M4451999-08-30030 August 1999 Forwards Summary of Util Conclusions Re Outstanding Compliance Issue Re Staff Interpretation of TS SR 3.0.1,per Insp Repts 50-369/99-03 & 50-370/99-03,as Discussed with NRC During 990618 Meeting ML20211H1741999-08-30030 August 1999 Forwards Comments on Catawba Nuclear Station Units 1 & 2 & McGuire Nuclear Station,Units 1 & 2 Specific Reactor Vessel Info Contained in Rvid.Ltr Dtd 990107,rept ATI-98-012-T005 & Partial marked-up Rept WCAP-14995 Encl ML20211K8831999-08-26026 August 1999 Forwards Insp Repts 50-369/99-05 & 50-370/99-05 on 990620-0731.Two Violations Occurred & Being Treated as NCVs ML20211G5181999-08-24024 August 1999 Forwards SE Re second-10-yr Interval Inservice Insp Program Plan Request for Relief 98-004 for Plant,Unit 1 ML20211F2971999-08-17017 August 1999 Forwards non-proprietary & Proprietary Updated Pages for DPC-NE-2009,submitted 980722.Pages Modify Fuel Design & thermal-hydraulic Analysis Sections of DPC-NE-2009. Proprietary Page 2-4 Withheld,Per 10CFR2.790 ML20211B1121999-08-16016 August 1999 Forwards Topical Rept DPC-NE-2012, Dynamic Rod Worth Measurement Using Casmo/Simulate, Describing Results of Six Drwm Benchmark Cycles at Catawba & McGuire & Discusses Qualification to Use Drwm at Catawba & McGuire ML20210V0171999-08-13013 August 1999 Confirms Conversation Between M Cash & M Franovich on 990806 Re Mgt Meeting,Scheduled for 990917 to Present self- Assessment of Plant Performance.Meeting Will Be Held in Atlanta,Ga ML20210S2231999-08-12012 August 1999 Forwards Monthly Operating Repts for July 1999 for McGuire Nuclear Station,Units 1 & 2.Revised Rept for June 1999,encl ML20210T4511999-08-10010 August 1999 Forwards Response to NRC RAI Re 981014 Standby Nuclear Svc Water Pond Dam Audit Conducted by FERC ML20210R4311999-08-10010 August 1999 Forwards Summary Rept of Mods,Minor Mods,Procedure Changes & Other Misc Changes Per 10CFR0.59 ML20210R0031999-08-10010 August 1999 Forwards Revised TS Bases Pages to NRC for Info & Use. Editorial Changes Were Made to Correct Incorrect UFSAR Ref Number Associated with Certain Reactor Coolant Sys Pressure Isolation Valves ML20210Q3701999-08-0505 August 1999 Informs That NRC Plans to Administer Gfes of Written Operator Licensing Exam on 991006.Authorized Representative of Facility Must Submit Ltr as Listed,Thirty Days Before Exam Date in Order to Register Individuals to Take Exam ML20210H7691999-07-21021 July 1999 Submits Summary of 990715 Meeting at Facility Re Presentation of Results of Most Recent Periodic Ppr.List of Meeting Attendees Encl ML20209H1551999-07-14014 July 1999 Forwards Monthly Operating Repts for June 1999 for McGuire Nuclear Station,Units 1 & 2.Revised Rept for May 1999 Also Encl ML20210E1931999-07-13013 July 1999 Forwards Insp Repts 50-369/99-04 & 50-370/99-04 on 990509-0619.Four Violations of NRC Requirements Occurred & Being Treated as Ncv,Consistent with App C of Enforcement Policy NUREG-1431, Forwards SER Agreeing with Util General Interpretation of TS LCO 3.0.6,but Finds No Technical Basis or Guidance That Snubbers Could Be Treated as Exception to General Interpretation1999-07-0909 July 1999 Forwards SER Agreeing with Util General Interpretation of TS LCO 3.0.6,but Finds No Technical Basis or Guidance That Snubbers Could Be Treated as Exception to General Interpretation ML20209G5151999-07-0808 July 1999 Forwards Amended Pages to Annual Radioactive Effluent Release Repts, for 1997 & 1998 for McGuire Nuclear Station. Portion of Rept Was Inadvertently Omitted Due to Administrative Error,Which Has Been Corrected ML20196J9001999-07-0606 July 1999 Informs That 990520 Submittal of Rept DPC-NE-3004-PA,Rev 1, Mass & Energy Release & Containment Response Methodology, Marked Proprietary Will Be Withheld Per 10CFR2.790(b)(5) & Section 103(b) of AEA of 1954 ML20196J4381999-06-29029 June 1999 Informs That as Result of Staff Review of Util Responses to GL 92-01,rev 1,suppl 1,NRC Revised Info in Rvid & Releasing Rvid Version 2 ML20196G3721999-06-24024 June 1999 Documents Verbal Info Provided to NRR During Conference Call Re Relief Requests 98-002 & 98-003 ML20196G7461999-06-22022 June 1999 Requests Exemption from Requirements of 10CFR54.17(c) That Application for Renewed Operating License Not Be Submitted to NRC Earlier than 20 Yrs Before Expiration of Operating License Currently in Effect ML20195K3601999-06-14014 June 1999 Forwards MORs for May 1999 for McGuire Nuclear Station,Units 1 & 2 & Revised MORs for Apr 1999.Line 6 Max Dependable Capacity (Gross Mwe) on Operating Data Rept Should Be Revised to 1114 from Jan 1998 to Apr 1999 ML20195D5691999-06-0303 June 1999 Submits Ltr to Facilitate Closing of Inspector Follow Up Item 50-369,370/97-15-05,re Revising Site Drawings in UFSAR Into Summary one-line Flow Diagrams,Per NRC 990327 Telcon ML20195F1851999-06-0202 June 1999 Forwards Insp Repts 50-369/99-03 & 50-370/99-03 on 990328- 0508.Two Violations of NRC Requirements Identified & Being Treated as non-cited Violations Consistent with App C of Enforcement Policy ML20195E8771999-06-0202 June 1999 Confirms Telcon with M Cash on 990524 Re Public Meeting for 990715.Purpose of Meeting to Discuss Results of NRC Most Recent PPR ML20207D0521999-05-21021 May 1999 Informs That in Telcon on 990519 Between a Orton & Rf Aiello Arrangements Made for Administration of Initial Written Exam for McGuire Nuclear Station on 990603.Exam Will Be Administered at Catawba Simultaneously with Written Exam ML20196L1791999-05-20020 May 1999 Communicates Util Licensing Position Re Inoperable Snubbers. Licensee Has Determined That Structure of ITS Has Resulted in Certain Confusion Re Treatment of Inoperable Snubbers ML20196L1851999-05-20020 May 1999 Forwards Proprietary & non-proprietary Version of Rev 1 to TR DPC-NE-3004, Mass & Energy Release & Containment Response Methodology, Consisting of Finer Nodalization of Ice Condenser Region.Proprietary Info Withheld ML20206T4481999-05-13013 May 1999 Forwards Rev 3 to Topical Rept DPC-NE-3002-A, UFSAR Chapter 15 Sys Transient Analysis Methodology, IAW Guidance Contained in NUREG-0390 ML20206R0791999-05-13013 May 1999 Forwards Monthly Operating Repts for Apr 1999 for McGuire Nuclear Station,Units 1 & 2 & Revised Monthly Operating Repts for Mar 1999 1999-09-09
[Table view] Category:OUTGOING CORRESPONDENCE
MONTHYEARML20217F8011999-10-13013 October 1999 Informs That on 990930,NRC Completed mid-cycle PPR of McGuire Nuclear Station.Areas That Warranted More than Core Insp Program Over Next Five Months,Not Identified.Historical Listing of Plant Issues Encl ML20217C4471999-10-0404 October 1999 Forwards Insp Repts 50-369/99-06 & 50-370/99-06 on 990801- 0911.Determined That One Violation Occurred & Being Treated as Non-Cited Violation ML20212J2191999-10-0404 October 1999 Informs That Util 980326 Response to GL 97-06, Degradation of SG Internals Provides Reasonable Assurance That Condition of Steam Generator Internals Are in Compliance with Current Licensing Bases for Facility ML20212J7801999-10-0404 October 1999 Discusses GL 98-01 Issued by NRC on 980511 & DPC Responses for McGuire NPP & 990615.Informs That NRC Reviewed Responses & Concluded That All Requested Info Re Y2K Readiness Provided.Subj GL Considers to Be Closed ML20212M1651999-09-23023 September 1999 Refers to 990917 Meeting at Region II Office Re Licensee Presentation of self-assessment of McGuire Nuclear Station Performance.List of Attendees & Licensee Presentation Handouts,Encl ML20212D1671999-09-20020 September 1999 Forwards Exemption & SER from Certain Requirements of 10CFR50,App A,General Design Criterion 57 Re Isolation of Main Steam Branch Lines Penetrating Containment.Exemption Related to Licensee Application ML20212B6491999-09-15015 September 1999 Informs That Encl Announcement Re 990913 Application for Amend to Licenses NPF-9 & NPF-7 Forwarded to C Observer in North Carolina,For Publication ML20212A4131999-09-14014 September 1999 Informs That TR DPC-NE-2009P Submitted in 990817 Affidavit, Marked Proprietary,Will Be Withheld from Public Disclosure, Pursuant to 10CFR2.709(b) & Section 103(b) of Atomic Energy Act of 1954,as Amended ML20212A0501999-09-10010 September 1999 Informs That Postponing Implementation of New Conditions Improved by RG 1.147,rev 12,acceptable Since Evaluation on Relief Based on Implementing Code Case for Duration of Insp Interval ML20211J3671999-08-31031 August 1999 Forwards Public Notice of Application for Amend to License NPF-9 Seeking one-time Extension of Surveillance Frequency for TS SR 3.1.4.2 Beyond 25% Extension Allowed by TS SR 3.0.2 ML20211K8831999-08-26026 August 1999 Forwards Insp Repts 50-369/99-05 & 50-370/99-05 on 990620-0731.Two Violations Occurred & Being Treated as NCVs ML20211G5181999-08-24024 August 1999 Forwards SE Re second-10-yr Interval Inservice Insp Program Plan Request for Relief 98-004 for Plant,Unit 1 ML20210V0171999-08-13013 August 1999 Confirms Conversation Between M Cash & M Franovich on 990806 Re Mgt Meeting,Scheduled for 990917 to Present self- Assessment of Plant Performance.Meeting Will Be Held in Atlanta,Ga ML20210Q3701999-08-0505 August 1999 Informs That NRC Plans to Administer Gfes of Written Operator Licensing Exam on 991006.Authorized Representative of Facility Must Submit Ltr as Listed,Thirty Days Before Exam Date in Order to Register Individuals to Take Exam ML20210H7691999-07-21021 July 1999 Submits Summary of 990715 Meeting at Facility Re Presentation of Results of Most Recent Periodic Ppr.List of Meeting Attendees Encl ML20210E1931999-07-13013 July 1999 Forwards Insp Repts 50-369/99-04 & 50-370/99-04 on 990509-0619.Four Violations of NRC Requirements Occurred & Being Treated as Ncv,Consistent with App C of Enforcement Policy NUREG-1431, Forwards SER Agreeing with Util General Interpretation of TS LCO 3.0.6,but Finds No Technical Basis or Guidance That Snubbers Could Be Treated as Exception to General Interpretation1999-07-0909 July 1999 Forwards SER Agreeing with Util General Interpretation of TS LCO 3.0.6,but Finds No Technical Basis or Guidance That Snubbers Could Be Treated as Exception to General Interpretation ML20196J9001999-07-0606 July 1999 Informs That 990520 Submittal of Rept DPC-NE-3004-PA,Rev 1, Mass & Energy Release & Containment Response Methodology, Marked Proprietary Will Be Withheld Per 10CFR2.790(b)(5) & Section 103(b) of AEA of 1954 ML20196J4381999-06-29029 June 1999 Informs That as Result of Staff Review of Util Responses to GL 92-01,rev 1,suppl 1,NRC Revised Info in Rvid & Releasing Rvid Version 2 ML20195E8771999-06-0202 June 1999 Confirms Telcon with M Cash on 990524 Re Public Meeting for 990715.Purpose of Meeting to Discuss Results of NRC Most Recent PPR ML20195F1851999-06-0202 June 1999 Forwards Insp Repts 50-369/99-03 & 50-370/99-03 on 990328- 0508.Two Violations of NRC Requirements Identified & Being Treated as non-cited Violations Consistent with App C of Enforcement Policy ML20207D0521999-05-21021 May 1999 Informs That in Telcon on 990519 Between a Orton & Rf Aiello Arrangements Made for Administration of Initial Written Exam for McGuire Nuclear Station on 990603.Exam Will Be Administered at Catawba Simultaneously with Written Exam ML20206L5631999-05-11011 May 1999 Forwards Two Documents Requesting That NRC Place on Docket 50-369 & 50-370,technical Interface Agreement 97-02 & Related Staff Evaluation ML20206N3451999-05-11011 May 1999 Forwards SE of Licensee Response to GL 96-05, Periodic Verification of Design-Basis Capability of Safety-Related Motor-Operated Valves ML20206M2121999-05-11011 May 1999 Informs That NRC Office of Nuclear Reactor Regulation Reorganized Effective 990328.As Part of Reorganization, Division of Licensing Project Mgt Created ML20206C0451999-04-23023 April 1999 Forwards Insp Repts 50-369/99-02 & 50-370/99-02 on 990214-0327.No Violations Noted ML20205Q6641999-04-15015 April 1999 Forwards Amend 10 to Indemnity Agreement B-83 for Signature & Return to Document Control Desk ML20205M6741999-04-13013 April 1999 Discusses 980318 Telcon of Licensing Bases Record Change Re Duke Energy Corp License Amend Request, & Staff Approval in Form of TS Amends 184 & 166,dtd 980930.Forwards Revised Pp to SE of 980930 ML20205T1711999-04-0909 April 1999 Informs That on 990317 Ho Christensen & a Orton Confirmed Initial Operator Licensing Exam Schedule for Y2K.Initial Exam Dates for Wks of 000508 & 22 for Approx 13 Candidates ML20205M2601999-03-25025 March 1999 Informs That NRC Completed PPR of Plant on 990201.Plant Issues Matrix & Insp Plan for Next 8 Months Encl ML20205A9371999-03-24024 March 1999 Forwards Evaluated & Final Rept from Ferc,Related to 981014 Dam Safety Audit Conducted at McGuire Nuclear Station for Category I Standby Service Water Pond Dam.List of Actions That Should Be Taken by Util to Ensure Safety of Dam,Encl ML20205H9201999-03-18018 March 1999 Forwards Exam Repts 50-369/99-301 & 50-370/99-301 on 990125- 0205.Of Eleven SRO & RO Candidates Taking Written Exam & Operating Tests,Nine Passed & Two Failed,Representing 82% Pass Rate ML20204E3221999-03-10010 March 1999 Forwards Insp Repts 50-369/99-01 & 50-370/99-01 on 990103- 0213.Non-cited Violation Noted ML20207M9091999-03-0505 March 1999 Informs That Info Submitted by Application, Marked as Proprietary Will Be Withheld from Public Disclosure Per 10CFR2.790(b)(5) & Section 103(b) of AEA of 1954,as Amended ML20203J0431999-02-16016 February 1999 Discusses Review of Plant,Units 1 & 2 IPEEE Submittal.Staff Concludes That Util IPEEE Process,Capable of Identifying Most Likely Severe Accidents & Severe Accidents Vulnerabilities.Intent of Suppl 4 to GL 88-20 Met ML20203C2411999-02-0505 February 1999 Discusses Draft Operation Insp Rept for McGuire Nuclear Station Standby Nuclear Service Water Pond Dam Conducted on 981028.Draft Rept States That Dam Appeared to Be in Good Condition & Adequately Maintained ML20203G3361999-02-0505 February 1999 Informs That NRC Plans to Administer Generic Fundamentals Exam Section of Written Operator Licensing Exam on 990407. Representative of Facility Must Submit Either Ltr Indicating No Candidates or Listing of Names of Candidates for Exam ML20202E3861999-01-28028 January 1999 Refers to GL 96-05 Issued on 960918 & DPC 980331 Updated Response to GL 96-05 Indicating Intent to Implement Provisions of JOG Program on MOV Periodic Verfication at Mcguire.Rai Re JOG Program McGuire Encl ML20199L4421999-01-25025 January 1999 Informs That by Encl Ltrs & 981223,NRC Has Responded to WOG Positions Re C/As to Address Generic Aspects of part-length CRD Mechanism Housing Issue That Originated as Result of 980123 Leak at Pings ML20203A4171999-01-22022 January 1999 Refers to 990119 Meeting Conducted in Region II Ofc for Presentation of self-assessment of McGuire Nuclear Station Performance & Future Plant Initiatives.List of Attendees & Presentation Handouts Encl ML20198Q7711999-01-0505 January 1999 Informs That Staff Review of GL 97-05, SG Tube Insp Technique, Did Not Identify Any Concerns with SG Tube Insp Techniques Employed at McGuire That Would Indicate That Util Not in Compliance with Current Licensing Bases for Plant ML20198Q7551999-01-0505 January 1999 Forwards RAI Re 980722 Request for Amend to Plant,Units 1 & 2 TSs to Permit Use of Westinghouse Fuel.Response Requested on or Before 990131 ML20199F6031998-12-23023 December 1998 Submits Summary of 981105 Training Managers Conference.List of Attendees & Matl Used in Presentation Enclosed ML20198N8771998-12-18018 December 1998 Forwards Insp Repts 50-369/98-10 & 50-370/98-10 on 981004- 1121.No Violations Noted ML20198N7001998-12-14014 December 1998 Confirms 981210 Conversation Between M Cash & E Lea Concerning Meeting Scheduled for 990119.Purpose of Meeting to Present self-assessment of Plant Performance ML20198A4221998-12-11011 December 1998 Forwards SE Accepting Licensee 980115 Request for Relief from Requirements of ASME BPV Code,Section Xi,Table IWB-2500-1,for Plant ML20196F2901998-11-23023 November 1998 Advises of Planned Insp Effort Resulting from Insp Planning Meeting Held on 981102.Details of Insp Plan for Next Four Months & Historical Listing of Plant Issues Called PIM Encl ML20196B0011998-11-23023 November 1998 Forwards Emergency Response Data Sys Implementation Documents,Which Include Data Point Library Updates for Listed Plants.Changes Should Be Made to Data Base as Soon as Possible.Without Encl ML20195J5401998-11-19019 November 1998 Forwards RAI Re GL 97-01, Degradation of Crdm/Cedm Nozzle & Other Vessel Closure Head Penetrations. Staff Requests Response to RAI by 990205 ML20196C7681998-11-13013 November 1998 Forwards Copy of Answer Key & Master Bwr/Pwr GFE Section of Written Operator Licensing Exam,Administered on 981007 by Nrc.Without Encl 1999-09-23
[Table view] |
Inspection Report - McGuire - 1997001 |
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November 25, 1997 EA 97-544 Duke Energy Corporation ATTN: Mr. H. Vice President McGuire Nuclear Station 12700 Hagers Ferry Road Huntersville. NC 28078-8985 SUBJECT: EXERCISE OF ENFORCEMENT DISCRETION (NRC INTEGRATED INSPECTION REPORT 50-369/97-01 AND 50-370/97-01)
Dear Mr. Barron:
This refers to the inspection at McGuire Nuclear Station described in the subject Inspection Report issued 1 March 24, 1997. As a result of that inspection, a Notice of Violation was issued for your failure tc meet the requirements of 10 CFR 70.24. Criticality Accident Requirements. The violation was for failure to implement appropriate emergency procedures and conduct required drills for areas for storage and handling of new (non-irre"iated) fuel or to have an NRC approved exemptien to the requirement.
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 SNM. personnel would be alerted to the fact and would takn appropriate action.
Most nuclear power plant licensees were granted exem)tions from 10 CFR 70.24 during the construction of their plants as to permit the receipt of the initial core. Generally, part of t1e Part these 70 license exemptions issued 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 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 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 correspondence with TVA. the NRC has determined that in cases where a licensee received the exemption as ) art of the Part 70 license issued during the construction phase, both t1e 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 th; 70 license. The NRC intends to amend 10 CFR 70.24 to j provide for admi. .strative controls in lieu of criticality monitors. n
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DPC 2 Thus, as described in the inspection report, your facility was in violation of 10 CFR 70.24. Numerous other facilities have similar circumstances. The NRC has reconsidered this violation and concluded based on the information discussed above that, although a violation did exist, it is appropriate to exercise enforcement discretion for Violations Involving Special Circumstances in accordance .vith 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 plant: and finally. the NRC's intention to amend 10 CFR 70.24 through rulemaking to provide 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.
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).
Sin ere .
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Luis A. Reyes Regional Adm listrator Docket Nos. 50-369 and 50-370 License Nos. NPF-9 and NPF-17 EA 97-544 cc: (See page 3)
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1 DPC 3 cc: Michael T. Cash Regulatory Compliance Duke Energy Corporation 12700 Hagers Ferry Road Huntersville, NC 28078-8985 G. A. Copp Licensing - EC050 Duke Energy Corporation P. O. Box 1006 Charlotte NC 28201-1006 Paul R. Newton Legal Department (PB05E)
Duke Energy Cor) oration 422 South Churc1 Street Charlotte NC 28242-0001 Mr. Robert P. Gruber Executive Director Public Staff - NCUC P. O. Box 29520 Raleigh, NC 27626-0520 J. Michael McGarry, Ill. Esq.
Winston and Strawn 1400 L Street, NW Washington, D. C. 20005 Mel Fry, Acting Director Division of Radiation Protection N. C. Department of Environmental Health & Natural Resources 3825 Barrett Drive Raleigh. NC 27609-7721 County Manager of Mecklenburg County 720 East Fourth Street Charlotte, NC 28202 Peter R. Harden IV Account Sales Manager Power Systems Field Sales Westinghouse Electric Corporation P. O. Box 7288 Charlotte. NC 28241 cc: (Continue on page 4)
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DPC 4 cc: (Continued)
Dr. John M. Barry, Director Mecklenburg County Department of Environmental Protection 700 North Tryon Street Charlotte, NC 28203 Karen E. Long Assistant Attorney General N. C. Department of Justice P. O. Box 629 Raleigh, NC 27602 Distribution:
OE: EA File (B. Summers OE) (2 Letterhead)
V. Nerses NRR S. Rudisail. RIl C. Payne, RII PUBLIC NRC Resident Inspector U.S. Nuclear Regulatory Commission 12700 Hagers Ferry Road Huntersville, NC 28078-8985 OH ICE DRP/RI! Dki/RII DRP/RII EICS/RII th
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