IR 05000454/2007009

EA-08-046, Byron Station - Final Significance Determination for a White Finding and Notice of Violation; NRC Inspection Report No. 05000454/2007009 (DRS) and 05000455/2007009 (DRS)

ML080921002
Person / Time
Site:	Byron
Issue date:	04/01/2008
From:	Caldwell J Region 3 Administrator
To:	Pardee C Exelon Generation Co
References
EA-08-046, IR-07-009 EA-08-046
Download: ML080921002 (7)

Text

ril 1, 2008

SUBJECT:

BYRON STATION - FINAL SIGNIFICANCE DETERMINATION FOR A WHITE FINDING AND NOTICE OF VIOLATION; NRC INSPECTION REPORT NO.

05000454/2007009(DRS) AND 05000455/2007009(DRS)

Dear Mr. Pardee:

The purpose of this letter is to provide you the final results of our significance determination of the preliminary White finding identified in the subject inspection report. The inspection finding was assessed using the Significance Determination Process and was preliminarily characterized as White, a finding with low to moderate increased importance to safety that may require additional NRC inspections. This White finding involved degradation of the essential service water system riser piping at the cooling tower basin, and the subsequent dual unit shutdown on October 19, 2007, to correct the problem. The performance deficiencies associated with this White finding directly contributed to the length of time the degraded riser pipes remained in service, and contributed to the 0C riser pipe failure while in service.

In a telephone conversation with Mr. David Hills of the NRC, Region III, on February 27, 2008, Mr. William Grunman of your staff indicated that Exelon did not contest the characterization of the risk significance of this finding and that you declined your opportunity to discuss this issue in a Regulatory Conference or to provide a written response.

After considering the information developed during the inspection, the NRC has concluded that the inspection finding is appropriately characterized as White, a finding with low to moderate increased importance to safety that may require additional NRC inspections. The subject inspection report provided the detailed information about the assumptions used in the Phase 3 Significance Determination Process analysis.

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

The NRC has also determined that the finding is associated with two violations of NRC requirements, as cited in the attached Notice of Violation (Notice). Specifically, the NRC determined that a violation of 10 CFR Part 50, Appendix B, Criterion XVI, Corrective Actions occurred due to your staffs failure to take timely corrective actions after the identification of extensive corrosion on essential service water riser pipes. Additionally, a violation of 10 CFR Part 50, Appendix B, Criterion III, Design Control occurred due to your staffs failure to verify the adequacy of the methodology and design inputs in calculations that supported your staffs decision to accept three degraded essential service water riser pipes for continued service.

The circumstances surrounding the violations were described in detail in the subject inspection report. In accordance with the NRC Enforcement Policy, the Notice 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 issue 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 2.390 of the NRC's "Rules of Practice," a copy of this letter, its enclosure, and your response will be made available electronically for public inspection in the NRC Public Document Room or from the NRC=s document system (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. To the extent possible, your response should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the Public without redaction.

Sincerely,

/RA by Mark A. Satorius Acting for/

James L. Caldwell Regional Administrator Docket Nos. 50-454; 50-455 License Nos. NPF-37; NPF-66 Enclosure:

Notice of Violation cc w/encl: Site Vice President - Byron Station Plant Manager - Byron Station Regulatory Assurance Manager - Byron Station Chief Operating Officer and Senior Vice President Senior Vice President - Midwest Operations Senior Vice President - Operations Support Vice President - Licensing and Regulatory Affairs Director - Licensing and Regulatory Affairs Manager Licensing - Braidwood, Byron, and LaSalle Associate General Counsel Document Control Desk - Licensing Assistant Attorney General Illinois Emergency Management Agency J. Klinger, State Liaison Officer, State of Illinois P. Schmidt, State Liaison Officer, State of Wisconsin Chairman, Illinois Commerce Commission B. Quigley, Byron Station