ML030310263

Confirmatory Action Letter

ML030310263
Person / Time
Site:	Cooper
Issue date:	01/30/2003
From:	Merschoff E NRC Region 4
To:	Warren C Nebraska Public Power District (NPPD)
References
CAL 4-03-001
Download: ML030310263 (7)

Text

January 30, 2003 CAL 4-03-001 Clay C. Warren, Vice President of Nuclear Energy Nebraska Public Power District P.O. Box 98 Brownville, Nebraska 68321

SUBJECT:

CONFIRMATORY ACTION LETTER

Dear Mr. Warren:

On April 1, 2002, Cooper Nuclear Station (CNS) entered the Repetitive Degraded Cornerstone Column of the Action Matrix (NRC Manual Chapter 0305, Operating Reactor Assessment Program) as a result of continuing problems with the implementation of the emergency preparedness program. As described in NRC Manual Chapter 0305, upon entry into this column of the Action Matrix, and with oversight by the NRC, Nebraska Public Power District (NPPD) developed a plan to improve performance at CNS. On June 10, 2002, NPPD submitted Revision 1 of The Strategic Improvement Plan (TIP) to the NRC. Following completion of an NRC supplemental inspection using Inspection Procedure 95003, Inspection for Repetitive Degraded Cornerstones, Multiple Degraded Cornerstones, Multiple Yellow Inputs, or One Red Input, on August 22, 2002, NPPD revised its improvement plan and submitted Revision 2 of the plan to the NRC on November 25, 2002.

The Strategic Improvement Plan was developed by NPPD to be a comprehensive improvement plan to address specific regulatory performance issues and to improve all aspects of station performance. Only those actions developed to address regulatory performance issues were considered for this Confirmatory Action Letter.

In NPPD Letter NLS2002141 from Michael T. Coyle to Ellis W. Merschoff dated November 25, 2002, NPPD identified specific actions contained in Revision 2 of their improvement plan as regulatory commitments that it considered appropriate for inclusion in a Confirmatory Action Letter. A public meeting was conducted at the Region IV office in Arlington, Texas, on December 18, 2002, during which NPPD and the NRC discussed actions in the improvement plan that should be considered for inclusion in a Confirmatory Action Letter. In NPPD Letter NLS2003010 from Clay C. Warren to Ellis W. Merschoff dated January 21, 2003, NPPD revised their commitments associated with Revision 2 of their improvement plan. Pursuant to NPPD letters dated November 25, 2002, and January 21, 2003, and the public meeting conducted on December 18, 2002, it is our understanding that you will take the following actions which will be completed by the dates specified:

Nebraska Public Power District 1. To ensure that actions taken at CNS to resolve problems with the emergency preparedness program have been effective, CNS will complete a self-assessment of the emergency preparedness program in the following areas no later than March 31, 2003:

a. Classification of events

b. Notification

c. Emergency response facility staff augmentation

d. Dose assessment

e. Protective action recommendations

2. To resolve long-standing problems with human performance at CNS, the following Action Plan steps will be completed no later than the dates specified:

a. Action Plan 5.1.4.1, "Human Performance," Steps 1-12,14-20b, and 25-28 will be completed no later than March 31, 2004.

b. Action Plan 5.2.1.1, "Operational Department Excellence," Step 20f, will be completed no later than September 30, 2003.

3. To resolve long-standing problems with material condition and equipment reliability at CNS, implement Action Plans 5.3.1.1 and 5.3.1.2.a-5.3.1.2.k. Steps scheduled to be completed prior to March 31, 2004, will be completed as scheduled in the Action Plans.

Implementation of actions associated with steps scheduled to begin prior to March 31, 2004, but scheduled for completion later than this date, will begin as scheduled in the plans.

4. To resolve long-standing problems with plant modifications and configuration control at CNS, the following Action Plan steps will be completed no later than March 31, 2004:

a. Action Plan 5.2.1.2, "Operability Determinations," Steps 1-9.

b. Action Plan 5.3.3.1, "Design Basis Information/Licensing Basis Information (DBI/LBI) Translation Project," Steps 1-11.

c. Action Plan 5.3.3.3, "Unauthorized Modifications Follow-Up Project Completion,"

Steps 1-7.

d. Action Plan 5.3.3.4, "Design Modification Process," Steps 1a-2c.

5. To resolve long-standing problems with the corrective action program, utilization of industry operating experience, and self-assessments at CNS, the following Action Plan steps will be completed no later than the dates specified:

a. Action Plan 5.2.7.1, "Improve Use of CAP [Corrective Action Program] to Effectively Resolve Station Problems," Steps 1a-5c, 6a-7a, and 8a-8b will be completed no later than March 31, 2004. Step 10 will be completed no later than December 31, 2003.

Nebraska Public Power District b. Action Plan 5.2.7.2, "Root Cause Investigation and Corrective Action Effectiveness," Steps 5-14 will be completed no later than March 31, 2004.

Step 17 will be completed no later than December 31, 2003.

c. Action Plan 5.2.7.3, "Improve Utilization of OER [Operating Experience Review],"

Step 4b, will be completed no later than March 31, 2004.

6. To resolve long-standing problems with the implementation of engineering programs at CNS, the following Action Plans steps will be completed no later than December 31, 2003:

Action Plan 5.3.2.1, "Engineering Programs," Steps 10-11, 14a, 15, and 40.

NRC Manual Chapter 0305, "Operating Reactor Assessment Program," specifies the actions that will be taken by the NRC and licensee when plant performance is in the Multiple/Repetitive Degraded Cornerstone Column of the Action Matrix. Based on the results of our supplemental inspection, conducted in accordance with NRC Inspection Procedure 95003, the NRC has decided to issue this Confirmatory Action Letter to confirm that NPPD will take the actions listed above. In addition, the NRC will conduct periodic inspections to verify completion of the actions listed above and the effectiveness of these actions in addressing the specific performance issues and conduct public meetings to discuss the results of these inspections. This Confirmatory Action Letter will remain open until the satisfactory completion of each action listed herein is verified by the NRC.

Pursuant to Section 182 of the Atomic Energy Act, 42 U.S.C. 2232, you are required to:

(1) Notify me immediately if your understanding differs from that set forth above; (2) Notify me if for any reason you cannot complete the actions within the specified schedule and advise me in writing of your modified schedule in advance of the change; and (3) Notify me in writing when you have completed the actions addressed in this Confirmatory Action Letter.

Issuance of this Confirmatory Action Letter does not preclude issuance of an order formalizing the above commitments or requiring other actions on the part of the licensee, nor does it preclude the NRC from taking enforcement action for violations of NRC requirements that may have prompted the issuance of this letter. In addition, failure to take the actions addressed in this Confirmatory Action Letter may result in enforcement action.

In accordance with 10 CFR 2.790 of the NRCs "Rules of Practice," a copy of this letter and your response, if any, will be made available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records (PARS) component of NRCs document system (ADAMS) and, to the extent possible, it should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the public without redaction. ADAMS is accessible from the NRC Web site at

Nebraska Public Power District http://www.nrc.gov/reading-rm/adams/.html (the Public Electronic Reading Room). If personal privacy or proprietary information is necessary to provide an acceptable response, then please provide a bracketed copy of your response that identifies the information that should be protected and a redacted copy of your response that deletes such information. If you request withholding of such material, you must specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim of withholding (e.g.,

explain why the disclosure of information will create an unwarranted invasion of personal privacy or provide the information required by 10 CFR 2.790(b) to support a request for withholding confidential commercial or financial information). If safeguards information is necessary to provide an acceptable response, please provide the level of protection described in 10 CFR 73.21.

Sincerely,

/RA/

Ellis W. Merschoff Regional Administrator Docket: 50-298 License: DPR-46 cc:

Michael T. Coyle Site Vice President Nebraska Public Power District P.O. Box 98 Brownville, Nebraska 68321 John R. McPhail, General Counsel Nebraska Public Power District P.O. Box 499 Columbus, Nebraska 68602-0499 P. V. Fleming, Licensing Manager Nebraska Public Power District P.O. Box 98 Brownville, Nebraska 68321 Michael J. Linder, Director Nebraska Department of Environmental Quality P.O. Box 98922 Lincoln, Nebraska 68509-8922

Nebraska Public Power District Chairman Nemaha County Board of Commissioners Nemaha County Courthouse 1824 N Street Auburn, Nebraska 68305 Sue Semerena, Section Administrator Nebraska Health and Human Services System Division of Public Health Assurance Consumer Services Section 301 Centennial Mall, South P.O. Box 95007 Lincoln, Nebraska 68509-5007 Ronald A. Kucera, Deputy Director for Public Policy Department of Natural Resources 205 Jefferson Street Jefferson City, Missouri 65101 Jerry Uhlmann, Director State Emergency Management Agency P.O. Box 116 Jefferson City, Missouri 65101 Vick L. Cooper, Chief Radiation Control Program, RCP Kansas Department of Health and Environment Bureau of Air and Radiation 1000 SW Jackson, Suite 310 Topeka, Kansas 66612-1366 Daniel K. McGhee Bureau of Radiological Health Iowa Department of Public Health 401 SW 7th Street, Suite D Des Moines, Iowa 50309 William J. Fehrman, President and Chief Executive Officer Nebraska Public Power District 1414 15th Street Columbus, Nebraska 68601

Nebraska Public Power District Electronic distribution by RIV:

Regional Administrator (EWM)

DRP Director (ATH)

DRS Director (DDC)

Senior Resident Inspector (SCS)

Branch Chief, DRP/F (KMK)

Senior Project Engineer, DRP/F (TRF)

Staff Chief, DRP/TSS (PHH)

RITS Coordinator (NBH)

Jim Isom, Pilot Plant Program (JAI)

RidsNrrDipmLipb J. Carson (JAC1)

C. Gordon (CJG)

OEMAIL J. Dixon-Herrity, OE (JLD)

L. Dudes, NRR (LAD)

W. Kane, DEDR, OEDO (WFK)

S. Collins, NRR (SJC1)

Hard Copy:

G. Sanborn, D:ACES S:\DRP\DRPDIR\CNS CAL 4-03-001.wpd RIV:C:DRP/F DD:DRP D:DRP D:DRS RC KMKennedy;df EECollins ATHowell DDChamberlain KDSmith

/RA/ /RA/ /RA/ /RA/ /RA/

1/23/03 1/24/03 1/27/03 1/27/03 1/27/03 D:ACES NRR:DIPM D:NRR DRA RA GFSanborn CACarpenter SJCollins TPGwynn EWMerschoff

/RA/ E-TPGwynn F-TPGwynn /RA/ /RA/

1/27/03 1/28/03 1/29/03 1/29/03 1/30/03 OFFICIAL RECORD COPY T=Telephone E=E-mail F=Fax