IR 05000454/1996019

Discusses Insp Repts 50-454/96-19 & 50-455/96-19 on 970908-18 & Forwards Nov.Insp Scope Included Review of post-fire Safe Shutdown Concerns as Specified in LERs 50-454/95-05,revs 0,1 & 2

ML20197H703
Person / Time
Site:	Byron
Issue date:	11/25/1997
From:	Beach A NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:	Graesser K COMMONWEALTH EDISON CO.
Shared Package
ML20197H709	List: IR 05000454/1996019 ML20197H727
References
50-454-96-19, 50-455-96-19, EA-97-446, NUDOCS 9712310356
Download: ML20197H703 (4)

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usu.ituvogm mnovemtg gc ga 0: 05 PUDLIC DOCUMENT ROOM EA 97 446 Mr. Site Vice President Byron Nuclear Power Station Commonwealth Edison Company 4450 North German Church Road  :

Byron,IL 61010 ]

SUBJECT: NOTICE OF VIOLATION (NRC INSPECTION REPORT NUMBERS l i

50-454/455 96019)

Dear Mr. Graesser:

This refers to the inspection conducted at the Byron Nuclear Power Plant from September 8 to 18,1997. The inspection scope included a review of post fire safe shutdown concerns as specified in Licensee Event Reports (LER) 50-454)/95005, _

revisions 0,1, and 2. The report documenting our inspection was sent to you by letter i dated October 2,1997. This report documented an apparent violation pertaining to inadequate separation of cables associated with safe shutdown. The significance ol the apparent violation and the need for lasting and effective corrective actions were discussed with members of your staff at the inspection exit meeting on September 18, 1997. Our October 2,1997, letter offered you the option to request a predecisional enforcement conference or respond to the apparent viclation. You elected to respond to the apparent violation and did not request a predecisional enforcement conference.

The NRC determined that one violation (with seven examples) of NRC requirements occurred. This determination was based on the information developed during the inspectioit; th 8nformation that you provided during the exit meeting; LER 50-454/9F005 with revisions dated November 7,1995, July 2,1996, and December 6,1996; and your October 29,1997, response to the apparent violation discussed in the inspection report.

The violation is cited in the enclosed Notice of Violation (Notice) and the circumstances /.

surrounding the violation and each example is described in detailin the inspection '/

report.

The Notice contains one violation that was identified by your staff and involved seven examples of the failure to provide adequate fire protection for safe shutdown equipment.

[Yb These examples existed since initial plant operations, and were resolved in 1996 when your sta4 performed additional fire protection modifications, This violation was caused by an inadequate post fire analysis for protection of sG shutdown capability. The NRC considered this violation to be safety significant bculuse some of the equipment required to achieve and maintain safe shutdown would have been rer,dered inoperable by a fire. Therefore ith,s violation has been categorized according to the * General b

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l Statement of Policy and Procedure for NRC Enforcement Actions,"(Enforcement Policy) NUREG-1600 as a Severity Level ill violation.

In accordance with the Enforcement Polby, a base civil penalty in the amount of

$55,000 is considered for a Severity Level lli problem. Because your facility has been the subject of escalated enforcement actions' within the last two years, the NRC considered whether credit was warranted for ldentification and Correct /ve Act/on in accordance with the civil penalty assessment process in Section VI.B.2 of the Enforcement Policy. You were given credit for both identifying the violation and initiating prompt and effective corrective action. The Correct /ve Actions discussed in your response included installing rated fire arriers on critical cables and cable re-routing to ensure the availability of safe shutdown equipment. Additionally, your staff developed a comprehensive plan to review the safe shutdown analysis in the Fire Protection Report to validate tho technicalintegrity of the safe shutdown analysis.

Therefore, to encourage prompt identification and comprehensive correction of safety significent issues, I have been authorized, after consultation with the Director, Office of Enforcement, not to propose a civil penalty in this case. However, significant violations in the future could result in a civil penalty.

The NRC has concluded nat information regarding the reason for the violation and the corrective actions taken tu correct and prevent recurrence of the violation, is already adequately addressed on the docket in Inspection Report 50-454(455)/97019, LER 50-454/95005, and your October 29,1997 response to the apparent violations.

Therefore, you are not required to respond to this letter unless the description therein does not accurately reflect your corrective actions or your positions. In that case, or if you choose to provide additional information, you should follow the instructions specified in the enclosed Notice.

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1 EA 97 264: A Notice of Violation and Proposed imposition of Civil Penalty for $55.000 was issued on October 3,1997, for failure to meet Technical Specification requirements for venting the emergency core cooling system and testing of slave relays. This inspecten was performed from May through June 1997.

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- In accordance with 10 CFR 2.790 of the NRC's * Rules or Practice,* a copy of this letter, its enclosure, and your response (if you elected to provide a response) will be placed in

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the NRC Public Document Room (PDR).

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A. Bill Beach l

Redional Administrator i i

Docket Nos. 50-454;50-455 ,

License Nos. NPF 37; NPF 66 I I

Enclosure: Notice of Violation cc w/ encl: O. Kingsley, Nuclear Generation Group President and Chief Nuclear Officer

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M. Wallace, Senior Vice l President, Corporate Services  :

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H. G. Stanley, Vice President l'

PWR Operations Liaison Officer, NOC DOD j D. A. Sager, Vice President,  ;

Generation Support D. Farrar, Nuclear Regulatory

- Services Manager -

1. Johnson, Licensing -

! Operations Manager Document Control Desk Licensing K. Kofron, Station Manager

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D. Brindle, Regulatory Assurance Supervisor l Richard Huobard ,

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' Nathan Schloss, Economist Office of the Attorney General  !

State Liaison Officer State Liaison Officer, Wisconsin -

Chairman, Illinois Commerce  :

Commission

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