IR 05000413/1996016

Forwards Insp Repts 50-413/96-16 & 50-414/96-19 on 961007, 961127, & 970206.Violation Noted Re Failure to Identify USQ & Seek Licenseamend.Concludes While Violation Did Occur, Enforcement Discretion Warranted & NOV Inappropriate

ML20136B577
Person / Time
Site:	Catawba
Issue date:	02/21/1997
From:	Reyes L NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:	Mccollum W DUKE POWER CO.
Shared Package
ML20136B580	List: IR 05000413/1996016 IR 05000413/1996019
References
EA-96-404, NUDOCS 9703110033
Download: ML20136B577 (3)

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February 21, 1997 )

EA 96-404 Duke Power Com)any ATTN: Mr, W. Site Vice President.

Catawba Site l 4800 Concord Road York. South Carolina 29745-9635

. SUBJECT: EXERCISE OF ENFORCEMENT DISCRETION (NRC INSPECTION REPORT NOS. 50-413 AND 50-414/96-19) l

Dear Mr. McCollum:

This refers to an inspection conducted in the Region II office on Octob6r 7.

1996.' November 27, 1996, and February 6,1997, and to our letter dat6d .

March 18, 1992. which forwarded Ins)ection Report 50-413, 414/92-01, and l included a Notice of Deviation for Juke Power Com)any's (DPC) failure to l implement commitments with regard to circuit breacer coordination as described in the Catawba Updated Final Safety Analysis Report (UFSAR). The purpose of j '

the inspection was to review issues and evaluate facts and circumstances i related to circuit breaker coordination for the 600-VAC essential Motor l Control Centers (MCCs) and the 125-VDC system at your Catawba facility. Our ;

review of this issue is described in the enclosed inspection report. 1 By' letter dated December 29, 1994 DPC submitted an amendment to'the Catawba Nuclear Station, Units 1 and 2, UFSAR to the NRC for formal review. DPC's safety evaluation for the UFSAR update concluded that no Unreviewed Safety Ouestion (US0) existed with regard to circuit breaker coordination.

Notwithstanding DPC's evaluation. the NRC identified a USQ related to the circuit breaker protection for the 600-VAC essential MCCs and the 125-VDC systems. DPC was notified of the USO by letter dated September 17. 1996. As a result.'DPC submitted an operating license amendment on Seatember 21, 1996.

The NRC approved the September 21, 1996. amendment on Septem)er 28. 1996. The amendment clarified the statement regarding conformance to IEEE 308-1974, noting the exceptions on the 600 VAC MCCs and the 125 VDC systems.

Based on the information develo)ed during the inspection, the NRC has determined that a violation of 1RC requirements occurred. The failure to identify a USQ and seek a license amendment, in accordance with 10 CFR 50.59.

is. generally categorized as a Severity Level III violation in accordance with l' the " General Statement of Policy and Procedures for Enforcement Actions" (Enforcement Policy). NUREG-1600. However, as provided in Section VII.B.6 of the Enforcement Policy, the NRC may refrain from issuing a Notice of Violation (Notice) and proposing a civil penalty for a Severity Level III violation

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which involves special circumstances.  ;

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i After review of this violation and consultation with the Director. Office of 4 Enforcement, the NRC has concluded that while a violation did occur.

, enforcement discretion is warranted and that issuance of a Notice is not

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appropriate in this case. me specific bases for the decision to exercise i

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/ DPC 2 enforcement discretion are: 1) although an error did exist in your safety evaluation i.e. you concluded that no USQ existed, you did complete a safety evaluation of circuit breaker coordination in response to the 1992 Notice of Deviation and you voluntarily submitted changes to the Catawba Nuclear Station. Units 1 and 2. UFSAR to the NRC for formal review in your letter 4 dated December 29. 1994: 2) the NRC review of your December 29, 1994, letter l took almost two years and you were not notified of the USQ issue until l

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September 17, 1996: 3) you implemented prompt and appropriate corrective i action when the violation was identified including delay of restart of the I

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Catawba units as necessary, and submittal of an operating license amendment l

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on September 21,1996; and 4) you have provided guidance to your staff to !

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increase their level of awareness to 10 CFR 50.59 issues and instituted a I policy for management review of potential US0s. 1 This letter serves to document the closure of the apparent violation and completes NRC action in this matter. No formal response to this letter is

required. In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice." a l copy of this letter will be placed in the NRC Public Document Room. l If you should have any questions regarding this letter, please contact Mr. Charles Casto, Chief, Branch 1. Division of Reactor Projects, at

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404-331-5506.

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Sincerely

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i Original Signed by '

L. A. Reyes Luis A Reyes l

Regional Administrator Docket Nos. 50-413 and 50-414 i

License Nos. NPF-35 and NPF-52 l i

Enclosure: Inspection Report Nos. 50-413 and 50-414/96-19 l 1 ,

cc w/ encl:  !

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M. S. Kitlan Regulatory Compliance Manager Duke Power Company  ;

4800 Concord Road York, SC 29745-9635 Paul R. Newton i Legal Department (PB05E)

Duke Power Company 422 South Church Street j Charlotte, NC 28242-0001 9 cc: Continued on Page 3 i

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DPC 4 Distribution'w/ encl:

J. Lieberman. OE C. Casto. RII P. Tam, NRR R. Carroll. RII L. Wert. RII B. Uryc. RII R. Moore. RII G. Hallstrom. RII-OE:EA (BSummers)(2)

PUBLIC NRC Resident Inspector U.S. Nuclear Regulatory Commission 4830 Concord Road York. SC 29745

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-m SEND TO PUBLIC DOCUMENT ROOM? , (YES) /

OFFICE Ril:DRS Ril:DK RTl:DK Ril:0RA Ril:jlCS yll:0RA OE/

SIGNATURE / NW /

NAME CCab JJau on JJ son CE Mer ff JLieberman DATE VJ1/ V'/97 0 j1//97 GP/ TD97 Ol/g97 hffy97 01/ % 01/ 6 /97 COPY? tf$ NO (fES) NO (YEfp NO YES QLQ) YES NO YES NO \(YES) NO .

7 FFICIAL RECORD COPi W CUMENT 9AME: H:\1960 PEN.ENF\96404 CAT.D..R\ FINAL.RV2 " f