IR 05000413/1997003
| ML20197G724 | |
| Person / Time | |
|---|---|
| Site: | Catawba  |
| Issue date: | 12/08/1997 |
| From: | Reyes L NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | Gordon Peterson DUKE POWER CO. |
| References | |
| 50-413-97-03, 50-413-97-3, 50-414-97-03, 50-414-97-3, EA-97-545, NUDOCS 9712310103 | |
| Download: ML20197G724 (6) | |
Text
December 8, 1997
SUBJECT:
EXERCISE OF ENFORCEMENT DISCRETION (NRC INTEGRATED INSPECTION REPORT 50 413/97-03 ANU 50-414/97-03)
Dear Mr. Peterson:
This refers to the inspection at Catawba Nuclear Station described in the subject inspection Report issued on March 17, 1997.
As a result of thai.
inspection a Notice of Violation was issued for your failure to meet the requirements of 10 CFR 70.24. Criticality Accident Requirements.
The viol 6 tion was for failure to develop and maintain criticality emergency procedures or conduct emergency drills for areas of storage and handling of new (non-irradiated) fuel or to have an NRC approved exemption to the requirement. By your 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 SNM. personnel would be alerted to the fact and would take appropriate action.
Most ruclear power plant licensees were granted exemations from 10 CFR 70.24 during the constructim 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
. viewing the operating licenses for its Browns Ferry facilities, noted th_. 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 stall 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 I
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-2 received the. exemption as ) art of the Part 70 license issued during the cconstruction phase, both tie Part 70 and Part 50 licenses should-be examined
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to' determine the status ~of the exemption. The NRC view now is that unless a
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licensee's' licensing basis ~ specifies-otherwise, an ' exemption expires with the
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expiration of the Part 70 license. The NRC intends to amend 10 CFR 70.24 to
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provide-for administrative controls in lieu of criticality. monitors.-
4Thus; as described in the inspection report.- your facility was in violation of-
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10 CFR 70.24. 1 Numerous other facilities have similar circumstances.
'Notwithstanding your denial of the violation, the NRC has reconsidered this
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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 with -
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Section'VII B 6 of the " General Statement of Policy and Procedures for NRC-
-Enforcement Actions" (Enforcement Policy). NUREG-1600,- The bases for
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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
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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 consultat' ion with the Director. Office of: Enforcement to exercise enforcement c.Jcretion and withdraw the Notice of Violation.
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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
.
Luis A. Reyes Regional Administrator Docket Nos. 50-413 and 50-414 License Nos.
NPF-35 and NPF-52 EA 97-545 cc:
(See page 4)
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DEC.
cc:
M. S. Kitlan-Regulatory Compliance Manager Duke Energy Corporation 4800 Concord Road Ycy. SC-29745-9635 Paul R. Newton Legal Depa-tment (PB05E)
Duke Energy Cor> oration 422 South Churc1 Street Charlotte. NC 28242-0001 Robert P. Gruber Executive Director Public Staff - NCUC P. O. Box 29520 Raleigh, NC 27626-0520 J. Michael McGarry III. Esq.
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Winston and Strawn 1400 L Street. NW Washington. D. C.
20005 North Carolina MPA-1 Suite 600 P. O. Box 29513 Raleigh, NC 27626-0513
Max Batavia, Chief Bureau of Radiological Health S. C. Department of Health and Environmental Control 2600 Bull Street Columbia. SC 29201 Richard P. Wilson. Esq.
Assistant Attorney General-S, C. Attorney General's Office P. O. Box 11549 Columbia. SC 29211 Michael Hirsch Federal Emergency Management Agency 500 C Street. SW. Roem 840 Washington. D. C.
20472 cc:
(Continued on page 5)
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