IR 05000220/2003003

EA-03-053, Nine Mile Point, Notice of Violation and White Finding for IR 05000220-03-003

ML031470218
Person / Time
Site:	Nine Mile Point
Issue date:	05/23/2003
From:	Miller H NRC Region 1
To:	Conway J Nine Mile Point
References
EA-03-053, IR-03-003
Download: ML031470218 (6)

Text

SUBJECT:

NINE MILE POINT NUCLEAR STATION - NRC SPECIAL INSPECTION REPORT 50-220/03-003 - FINAL SIGNIFICANCE DETERMINATION FOR A WHITE FINDING AND NOTICE OF VIOLATION

Dear Mr. Conway:

The purpose of this letter is to provide you with the final results of our significance determination of the preliminary white finding identified in the subject inspection report dated April 15, 2003. This inspection finding was assessed using the significance determination process and was preliminarily characterized as white, i.e., a finding with low to moderate importance to safety, which may require additional NRC inspections. This white finding involved a failure to identify the cause, and to take appropriate corrective actions, to preclude repetitive leaks over the past several years in the Unit 1 reactor building closed loop cooling (RBCLC) system because of significantly degraded piping. As a result of this performance deficiency, degradation of certain sections of RBCLC piping continued until mid-December 2002, at which time you determined the cause and extent of condition of this significant condition adverse to quality, and implemented appropriate corrective actions to prevent repetition.

In a telephone conversation with Mr. James Trapp of NRC, Region I, on April 29, 2003, Ms. Denise Wolniak of your staff indicated that Nine Mile Point Nuclear Station, LLC, did not contest the characterization of the risk significance of this finding, declined an opportunity to discuss this finding in a Regulatory Conference and would not be providing a written response prior to issuance of this Final Significance Determination.

After considering the information developed during the inspection, the NRC has concluded that the inspection finding is appropriately characterized as white, i.e., a finding with low to moderate importance to safety, which may require additional NRC inspections.

You have 30 calendar days from the date of this letter to appeal the staffs determination of significance for the identified white finding. Such appeals will be considered to have merit only if they meet the criteria given in NRC inspection Manual Chapter 0609, Attachment 2.

The NRC has also determined that this failure to identify the cause, and to take appropriate corrective actions, to preclude repetitive leaks in the Unit 1 RBCLC system is a violation of 10 CFR 50, Appendix B, Criterion XVI, as cited in the enclosed Notice of Violation (Notice).

The circumstances surrounding the violation were described in detail in the subject inspection report. In accordance with the NRC Enforcement Policy, NUREG-1600, the Notice of Violation

Mr. J. is considered escalated enforcement action because it is associated with a white finding. You are required to respond to this letter and should follow the instructions specified in the enclosed Notice when preparing your response.

Because plant performance for this finding has been determined to be in the regulatory response band, we will use the NRC Action Matrix to determine the most appropriate NRC response for this event. We will notify you by separate correspondence of that determination.

In accordance with 10 CFR 2.790 of the NRCs "Rules of Practice," a copy of this letter, its enclosure, and your response will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records (PARS) component of NRCs document system (ADAMS). ADAMS is accessible from the NRC Website at http://www.nrc.

gov/reading-rm/adams.html (the Public Electronic Reading Room).

If you have any questions please contact Mr. James Trapp of my staff at 610-337-5186.

Sincerely,

/RA/ James T. Wiggins Acting For Hubert J. Miller Regional Administrator Enclosure: Notice of Violation Docket No. 50-220 License No. DPR-63 cc w/encl:

M. J. Wallace, President, Nine Mile Point Nuclear Station, LLC M. Wetterhahn, Esquire, Winston and Strawn J. M. Petro, Jr., Esquire, Counsel, Constellation Power Source, Inc.

P. D. Eddy, Electric Division, NYS Department of Public Service C. Donaldson, Esquire, Assistant Attorney General, New York Department of Law J. V. Vinquist, MATS, Inc.

P. Smith, Acting President, New York State Energy Research and Development Authority Supervisor, Town of Scriba C. Adrienne Rhodes, Chairman and Executive Director, State Consumer Protection Board T. Judson, Central NY Citizens Awareness Network

Mr.