Information Notice 1997-43, License Condition Compliance

License Condition Compliance

ML031050427
Person / Time
Site:	Beaver Valley, Millstone, Hatch, Monticello, Calvert Cliffs, Dresden, Davis Besse, Peach Bottom, Browns Ferry, Salem, Oconee, Nine Mile Point, Palisades, Palo Verde, Perry, Indian Point, Fermi, Kewaunee, Catawba, Harris, Wolf Creek, Saint Lucie, Point Beach, Oyster Creek, Watts Bar, Hope Creek, Grand Gulf, Cooper, Sequoyah, Byron, Pilgrim, Arkansas Nuclear, Three Mile Island, Braidwood, Susquehanna, Summer, Prairie Island, Columbia, Seabrook, Brunswick, Surry, Limerick, North Anna, Turkey Point, River Bend, Vermont Yankee, Crystal River, Haddam Neck, Ginna, Diablo Canyon, Callaway, Vogtle, Waterford, Duane Arnold, Farley, Robinson, Clinton, South Texas, San Onofre, Cook, Comanche Peak, Yankee Rowe, Maine Yankee, Quad Cities, Humboldt Bay, La Crosse, Big Rock Point, Rancho Seco, Zion, Midland, Bellefonte, Fort Calhoun, FitzPatrick, McGuire, LaSalle, 05002200, Fort Saint Vrain, Shoreham, Satsop, Trojan, Atlantic Nuclear Power Plant
Issue date:	07/01/1997
From:	Slosson M Office of Nuclear Reactor Regulation
To:
References
IN-97-043, NUDOCS 9706260046
Download: ML031050427 (13)

UNITED STATES

NUCLEAR REGULATORY COMMISSION

OFFICE OF NUCLEAR REACTOR REGULATION

WASHINGTON, DC 20555-0001 July 1, 1997 NRC INFORMATION NOTICE 97-43: LICENSE CONDITION COMPLIANCE

Addressees

All holders of operating licenses or construction permits for nuclear power reactors.

Purpose

The U.S. Nuclear Regulatory Commission (NRC) is issuing this information notice to alert

addressees to various potential problems found by the NRC staff while reviewing the license

conditions for various plants. It is expected that recipients will review the information for

applicability to their facilities and consider actions, as appropriate, to correct or avoid similar

problems, no specific action or written response is required.

Description of Circumstances

One of the many actions taken by the NRC in response to the discovery that some licensees

were failing to operate their facilities as described in the plant final safety analysis report

(FSAR), was to conduct a brief review of licensee compliance with the specific conditions

listed in the plant operating license. The review found that some licensees are routinely

updating the plant license by deleting conditions that have been complied with and by

modifying other conditions, as necessary. However, the review also identified a few plant- specific issues which are discussed below. The review also raised a number of questions

that are addressed in the "Discussion" section of this information notice.

1. Radiation Monitoring

A license condition for a boiling-water reactor (BWR) states that "A prompt investigation by

the company shall be required whenever radiation in the sock tank area exceeds 50 mr/hr."

The licensee currently only monitors the radiation levels in the sock tank (a component in the

spent fuel pool cleaning process) area during fuel movement, so the plant staff would not be

aware if the tank area radiation levels were greater than 50 mr/hr at any other times (as

implied by the word "whenever' in the license condition). Although pre-licensing

correspondence implies that the intent of the license condition might have originally been to

monitor tank radiation levels only during fuel movement, the words of the license condition do

not reflect that intent.

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IN 97-43 July 1, 1997 2. Valve Positioning

The license condition at a BWR states that 'Valves in the equalizer piping between

recirculation loops shall be closed at all times during reactor operation."

At the plant in question, there are four valves in the equalizer piping, two larger valves in

series, and two smaller bypass valves that are in parallel with the respective larger valves.

Currently, during reactor operations, the licensee keeps the two large valves shut but keeps

the bypass around the larger valves open to prevent a pressure buildup in the piping

between the larger valves.

The updated FSAR indicates that the reason for the license condition is to ensure that only

the larger valves are not open, thereby avoiding a potential recirculation pump runout

situation. However, the words of the license condition do not reflect that intent.

3. Startup Testing

A pressurized-water reactor (PWR) has a license condition that, in part, states that "Prior to

exceeding 90 percent power,.. .shall perform a test program to show that unacceptable

waterhammer damage will not result from anticipated feedwater system transients to the

steam generator."

The use of the word "anticipated" would imply that this license condition was meant as a one- time preoperational test and that the licensee completed its obligation under the condition

when the initial test was performed. However, the fact that this test was not included under

either the license condition titled "Special Low Power Test Program," or under another titled

"Initial Test Program," and does not contain language such as that found in yet another

license condition "complete the preoperational testing," argues for waterhammer testing as a

continuing obligation under the license.

Discussion

These examples indicate a need for some licensees to reexamine the conditions of their

licenses to ensure they are complying with the specific wording of each license condition. If, in the opinion of the licensee, the wording does not adequately reflect the original intent of

the condition, the licensee should submit a license amendment to change the wording of the

condition to adequately reflect the actions intended, in the licensee's opinion, by that license

condition.

In addition to the plant-specific issues raised above, a number of other potential issues

emerged from the license condition review:

1. Antitrust License Conditions

The licenses of many plants contain a condition that requires the licensee to comply with

antitrust requirements. Occasionally, rather than specifying requirements, such license

IN 97-43 July 1, 1997 conditions may only reference agreements between the potentially affected parties on how

compliance will be achieved. As a general matter, the NRC has not inspected compliance

with such agreements and has only involved itself in antitrust compliance when potential

violations of such requirements are raised. Nonetheless, because such requirements are

license conditions, licensees have a continuing obligation to comply with them. Given that for

some plants such agreements are 20 to 30 years old, if the agreements currently referenced

in the license do not accurately reflect how antitrust compliance is being achieved, the

licensee needs to place itself in compliance with those requirements or seek to have the

license condition appropriately modified.

2. Environmental License Conditions

As used herein, the term "environmental" is meant to apply to those environmental license

conditions that are not radiological in nature. An example would be compliance with State

and/or Federal water thermal discharge requirements which do not directly relate to reactor

or radiological safety. Again, as a general matter, the NRC does not inspect compliance with

such requirements. Historically, the NRC has only become involved when compliance

matters in this area if compliance or noncompliance potentially affected safety-related

parameters, such as ultimate heat sink level or temperature. However, if compliance with

such requirements is a license condition, the licensee has a ongoing obligation to the NRC to

comply with the requirements. Therefore, the licensee must ensure that any deviation from

those requirements, such as an exemption or an exception, found acceptable by State or

other Federal authorities having jurisdiction over such matters is adequately reflected in the

plant's NRC operating license.

3. Technical Specification Changes

In a number of recent cases, licensees have sought changes to their Technical Specifications

(TS) but have failed to make corresponding or necessary changes to the wording of specific

license conditions. One such area involves plant staff hours of work. Licensees have

proposed changes to the TS to allow for 12-hour rather than 8-hour shifts, adequately

justified the changes, and then overlooked similar requirements in the license conditions that

needed to be changed to maintain consistency.

All of the examples described above highlight the importance of understanding what is

contained in the conditions of a plant's operating license and the need to periodically verify

compliance with those conditions. The number and detail of the conditions on a specific

license vary from license to license, depending upon factors such as when the plant was

licensed and when the issues were raised during the licensing of the plant. Therefore, all or

none of the potential issues raised above or others may apply to a specific plant license.

IN 97-43 July 1, 1997 This information notice requires no specific action or written response. If you have any

questions about the information in this notice, please contact the technical contact listed

below or the appropriate Office of Nuclear Reactor Regulation (NRR) project manager.

Marylee M. Slosson, Acting Directo

Division of Reactor Program Management

Office of Nuclear Reactor Regulation

Technical contact: James Luehman, NRR

301-415-3150

E-mail: jglenrc.gov

Attachment: List of Recently Issued NRC Information Notices

44LA4,n ir-e

Attachment

IN 97-43 July 1, 1997 LIST OF RECENTLY ISSUED

NRC INFORMATION NOTICES

Information Date of

Notice No. Subject Issuance Issued to

97-42 Management Weaknesses 06/27/97 All fuel cycle conversion, Resulting in Failure enrichment, and fabrication

to Comply with Shipping facilities

Requirements for Special

Nuclear Material

97-41 Potentially Undersized 06127/97 All holders of OLs or CPs

Emergency Diesel Generator for boiling-water reactors

Oil Coolers

97-40 Potential Nitrogen 06/26/97 All holders of OLs or CPs

Accumulation Resulting for pressurized-water

from Backleakage from reactors

Safety Injection Tanks

97-39 Inadequate 10 CFR 72.48 06/26/97 All holders of OLs or CPs

Safety Evaluations of for nuclear power reactors.

Independent Spent Fuel All holders of licenses for

Storage Installations independent spent fuel

storage installations

97-38 Level-Sensing System 06/24/97 All holders of OLs or CPs

Initiates Common-Mode for nuclear power reactors

Failure of High-Pressure- Injection Pumps

96-53, Retrofit to Amersham 660 06/23/97 All industrial radiography

Supp. 1 Posilock Radiography licensees

Camera to Correct Incon- sistency in 10 CFR Part 34 Compatibility

97-37 Main Transformer Fault 06/20/97 All holders of OLs or CPs

with Ensuing Oil Spill for nuclear power reactors

into Turbine Building

OL = Operating License

CP = Construction Permit

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/. IN 97-43 July 1, 1997 This information notice requires no specific action or written response. If you have any

questions about the information in this notice, please contact the technical contact listed

below or the appropriate Office of Nuclear Reactor Regulation (NRR) project manager.

original signed by S.H. Weiss for

Marylee M. Slosson, Acting Director

Division of Reactor Program Management

Office of Nuclear Reactor Regulation

Technical contact: James Luehman, NRR

301-415-3150

E-mail: jgl@nrc.gov

Attachment: List of Recently Issued NRC Information Notices

Tech Editor reviewed 3/31/97 -.*SEE PREVIOUS CONCURRENCE

DOCUMENT NAME: 97-43.IN - OFFICIAL RECORD COPY

OFFICE

NAME

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IN 97- June ,1997 This information notice requires no specific action or written response. If you have any

questions about the information in this notice, please contact the technical contact listed

below or the appropriate Office of Nuclear Reactor Regulation (NRR) project manager.

Marylee M. Slosson, Acting Director

Division of Reactor Program.Management

Office of Nuclear Reactor Regulation

Technical contact: James Luehman, NRR

301-415-3150

E-mail: jglenrc.gov

Attachment: List of Recently Issued NRC Information Notices

Tech Editor reviewed 3/31/97 - *SEE PREVIOUS CONCURRENCE

DOCUMENT NAME: G:JRTYN.REV - OFFICIAL RECORD COPY o___t\

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NAME

DATE

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IN 97- June, 1997 This information notice requires no specific action or written response. If you have any

questions about the information in this notice, please contact the technical contact listed

below or the appropriate Office of Nuclear Reactor Regulation (NRR) project manager.

Marylee M. Slosson, Acting Director

Division of Reactor Program Management

Office of Nuclear Reactor Regulation

Technical contact: James Luehman, NRR

(301) 415-3150

Email: jglenrc.gov

Attachment: List of Recently Issued NRC Information Notices

[OFFICE

Tech Editor reviewed 3/31/97 - *SEE PREVIOUS CONCURRENCE

DOCUMENT NAME: G:RTRLICCOND.IN - OFFICIAL RECORD COPY

1 Contacts* j C/ADPR:TSB* C/PECB:DRPM DIDRPM l

NAME Luehman CGrines AChaffee MSiosson

lDATE 14117/97 1 4/17/97 14/ /97 14/ /97 j

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IN 97- May , 1997 This information notice requires no specific action or written response. If you have any

questions about the information in this notice, please contact the technical contact listed

below or the appropriate Office of Nuclear Reactor Regulation (NRR) project manager.

Marylee M. Slosson, Acting Director

Division of Reactor Program Management/-

Office of Nuclear Reactor Regulation

Technical contact: James Luehman, NRR

(301) 415-3150

Email: jgl@nrc.gov

Attachment: List of Recently Issued NRC Information Notices

Tech Editor reviewed 317 - *SEE PREVIOUS CONCURRENCE

DOCUMENT NAME: G JRT\IN.REV - OFFICIAL RECORD COPY

IOFFICE ASC:TSB*, C:ADPR:TSB* l C:PECB:DRPM l D:DRPM

CGrimes AChaffee MSlosson

4/17/97 4//97 4//97 Mtn.U'U. GUrY

IN 97- May, 1997 This information notice requires no specific action or written response. If you have any

questions about the information in this notice, please contact the technical contact listed

below or the appropriate Office of Nuclear Reactor Regulation (NRR) project manager.

Marylee M. Slosson, Director

Division of Reactor Program Management

Office of Nuclear Reactor Regulation

Technical contact: James Luehman, NRR

(301) 415-3150

Email: jgl@nrc.gov

Attachment: List of Recently Issued NRC Information Notices

Tech Editor reviewed 3/31/97 - *SEE PREVIOUS CONCURRENCE

DOCUMENT NAME: G:MRTLICCOND.IN - OFFICIAL RECORD COPY

l OFFICE Contacts* C/ADPR:TSB* C/PECB:DRPM DIDRPM 1 NAME Luehman CGrimes AChaffee MSlosson

AME L417/97 C4/17/97 A4/ /97 M4//97

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IN 97-xx

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wvApril : xx, 1997 how antitrust compliance is being achieved, the licensee needs to place itself in compliance

with those requirements or seek to have the license condition appropriately modified.

2. Environmental License Conditions

As used herein, the term "environmental" is meant to apply to those environmental license

conditions that are not radiological in nature. An example would be compliance with State

and/or Federal water thermal discharge requirements. Again, as a general matter, the NRC

would only become Involved in compliance matters in this area if compliance or

noncompliance potentially affected safety-related parameters, such as ultimate heat sink level

or temperature. However, if compliance with such requirements is a license condition, the

licensee has a ongoing obligation to the NRC to comply with the requirements. Therefore, the licensee must ensure that any deviation from those requirements found acceptable by

State or other Federal authorities having jurisdiction over such matters is adequately reflected

in the plant's NRC operating license.

3. Technical SDecification Chanoes

In a number of recent cases, licensees have sought changes to their Technical Specifications

(TS) but have failed to make corresponding or necessary changes to the wording of specific

license conditions. One such area involves plant staff hours of work. Licensees have

proposed changes to the TS to allow for 12-hour rather than 8-hour shifts, adequately

justified the changes, and then overlooked similar requirements in the license conditions that

needed to be changed to maintain consistency.

All of the examples described above highlight the importance of understanding what is

contained in the conditions of a plant's operating license and the need to periodically verify

compliance with those conditions. The number and detail of the conditions on a specific

license vary from license to license, depending upon factors such as when the plant was

licensed and when the issues were raised during the licensing of the plant. Therefore, all or

none of the potential issues raised above may apply to a specific plant license.

This information notice requires no specific action or written response. If you have any

questions about the information in this notice, please contact the technical contact listed

below or the appropriate Office of Nuclear Reactor Regulation (NRR) project manager.

Thomas T. Martin, Director

Division of Reactor Program Management

Office of Nuclear Reactor Regulation

Technical contact: James Luehman, NRR

(301) 415-3150

Email: jgl@nrc.gov

Attachment: List of Recently Issued NRC Information Notices

Tech Editor reviewed 3/31/97 - *SEE PREVIOUS CONCURRENCE

DOCUMENT NAME: G:URTULICCOND.IN - OFFICIAL RECORD COPY

OFFICE Contacts* C/ADPR:TSB* C/PECB:DRPM DIDRPM

NAME Luehman CGrimes AChaffee TMartin

DATE 4/17/97 4/17/97 4/ /97 4/ /97

IN 97-xx

April xx, 19 Page 4 This information notice requires no specific action or written response. you have any

questions about the information in this notice, please contact the tec ical contact listed

below or the appropriate Office of Nuclear Reactor Regulation (NR) project manager.

Thomas T. M n, Director

Division of actor Program Management

Office of cear Reactor Regulation

Technical contact: James Luehman, NRR

(301) 415-3150

Email: jgl@nrc.gov

Attachment: List of Recently Issued C Information Notices

Tech Editor reviewed 3/31/97

• SEE PREVIOUS CONCURR NCE

DOCUMENT NAME: G:W ICCOND.IN -

OFFICE Conacts* CIADPR:TSB* CIPECB:DRPM D/DRPM

NAME L ehmamqj CGrimes AChaffee TMartin

DATE 17/97 4/17/97 41 /97 41 /97 RECORD COPY

IN 97-xx

April xx. 19 7 Page 4 of

This information notice requires no specific action or written re onse. If

you have any questions about the information in this notice, p1 se contact

the technical contact listed below or the appropriate Office Nuclear

Reactor Regulation (NRR) project manager.

Thomas T. Marti.' Director

Division of Re tor Program Management

Office of Nu ear Reactor Regulation

Technical contact: James Luehman. NRR

(301) 415-3150

Email: jgl@nrc.go

Attachment: List of Recently Issued N Information Notices

Tech Editor re ewed 3/31/97 DOCUMENT NAME G:\JRT\LICCOND.IN a§ 1 OFFICE Co tacts C/ADPR:TSB C/PECB:DRPM D/DRPM

NAME CGrimes AChaffee

Aehman TMartin n

DATE /4//1/97 4/'1/97 4/ /97 4/ /97 Official Record Copy