ML073480290
| ML073480290 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 12/19/2007 |
| From: | Collins S Region 1 Administrator |
| To: | Reyes L NRC/EDO |
| Cobey, Eugene W. RI/DRP/PB2/610-337-5171 | |
| References | |
| Download: ML073480290 (6) | |
Text
December 19, 2007 MEMORANDUM TO: Luis A. Reyes Executive Director for Operations THRU: James E. Dyer, Director /John A. Grobe Acting for/
Office of Nuclear Reactor Regulation FROM: Samuel J. Collins /RA/
Regional Administrator Region I
SUBJECT:
REQUEST FOR RENEWAL OF DEVIATION TO THE ACTION MATRIX TO PROVIDE HEIGHTENED NRC OVERSIGHT OF SPECIFIC ISSUES AT THE INDIAN POINT ENERGY CENTER This memorandum requests your approval to continue to deviate from the Reactor Oversight Process (ROP) Action Matrix for the Indian Point Energy Center to provide heightened NRC oversight throughout calendar year 2008 (ROP 9). This action is requested to continue the deviation that was approved on October 28, 2005, and renewed on December 11, 2006, because the exit criteria for the existing deviation have not been met. We intend to continue to closely monitor the licensees actions to address issues associated with on-site groundwater contamination characterization and mitigation, and the Alert and Notification System (ANS),
including implementation and testing of the replacement ANS that Entergy is installing in response to the Energy Policy Act of 2005. The actions we propose in this memorandum for Indian Point Energy Center represent a customized approach that considers factors beyond each units Action Matrix categorization. This approach is consistent with underlying concepts of Inspection Manual Chapter 0305, Operating Reactor Assessment Program.
Background
Groundwater Contamination Issue On September 1, 2005, the NRC was informed by Entergy that cracks in a Unit 2 spent fuel pool wall had been discovered during excavation work inside the spent fuel pool building. Low levels of radioactive contamination were found in the vicinity of the crack. Entergy's initial investigation of the issue revealed that groundwater in the vicinity was contaminated with tritium. On September 20, 2005, Region I initiated a special inspection of this matter to examine the licensee's performance and determine if the contaminated groundwater affected, or could affect, public health and safety. Subsequently, Entergy initiated actions to perform a comprehensive groundwater site characterization, identify the sources, and effect mitigation and remediation of the condition.
The NRC special inspection report, issued in March 2006, assessed Entergy's performance, achievements, and plans for more extensive site characterization, and reported that the groundwater contamination did not, nor was likely to, adversely affect public health and safety.
L. Reyes 2 In the report, and subsequent public meetings, NRC indicated that a final conclusion would be reached after Entergy completed its groundwater characterization initiative.
NRC Region I has continued inspection and monitoring of Entergy's activities in accordance with an approved deviation to the normal Reactor Oversight Process for calendar years 2006 and 2007. The NRC staff has closely monitored Entergy's groundwater characterization efforts, performed independent inspection and testing, and evaluated radiological and hydrological conditions affecting groundwater onsite.
In November 2007, Entergy reported that it had completed its on-site characterization effort, and was preparing its final report, which is expected to include its plan for remediation and long-term monitoring of the on-site groundwater conditions, for NRC review. Entergy's final report is expected to be received by January 2008. Following a review of the completed report, NRC staff will issue an inspection report detailing our final conclusions on Entergys performance and radiological assessment of the onsite groundwater contamination. The NRC communication plan for the inspection report will include initiatives such as a New York Government-to-Government meeting and a stakeholder public meeting.
ANS Issue Entergy is required to comply with the Energy Policy Act of 2005, and the associated NRC Confirmatory Order dated January 31, 2006, to supply backup power to the ANS. Entergy was originally required by the January 2006 Confirmatory Order to have the new ANS in operation by the end of January 2007. This date was relaxed by the NRC to April 15, 2007, following a request from Entergy. Testing immediately prior to April 15 revealed that the ANS was not ready to be placed into service, and the NRC issued a Notice of Violation (NOV) to Entergy for failing to comply with the Confirmatory Order. In response to the violation, Entergy committed to having the system in service by August 24, 2007.
Entergy also failed to meet their August 24, 2007 commitment. As a result, the NRC issued a second NOV on August 30, 2007, to Entergy for failure to obtain necessary approvals so that the new ANS could be placed in service as the primary notification system by August 24, 2007.
On September 12, 2007, FEMA concluded that the new ANS was not adequate due to its inability to produce a steady alerting tone capable of repetition; sound blocking from co-located sirens, tree limbs and foliage; and control system issues.
On October 25, 2007, Entergy met with FEMA to discuss the technical aspects of Entergys proposed plans and to determine a mutually acceptable schedule for resolving the open items.
Entergy and FEMA met again on November 9, 2007, to further discuss issues with the new ANS. The NRC will continue to monitor Entergys progress in resolving the technical issues with FEMA. These activities are expected to continue through calendar year 2008 with system testing and final FEMA approval in 2009. Additionally, the NRC is evaluating the appropriate enforcement action for Entergys not meeting the August 24, 2007 siren in-service date and providing appropriate stakeholder communication.
Deviation Basis The ROP Action Matrix includes a range of licensee and NRC actions for each column of the Action Matrix. However, as discussed in Inspection Manual Chapter 0305, there may be instances in which the actions prescribed by the Action Matrix may not be appropriate. In the
L. Reyes 3 case of Indian Point Energy Center, the actions associated with the Licensee Response Column do not provide for the specific focus and level of oversight needed to appropriately monitor licensee efforts to address the groundwater contamination issue or the improvements to the ANS. Therefore, Region I believes that continued heightened oversight as discussed in the following sections should be performed at a level of effort above that of the Licensee Response Column for Indian Point Energy Center throughout calendar year 2008.
Overall, Entergys operation of both units at Indian Point Energy Center is acceptable, with both units currently in the Licensee Response column of the Action Matrix. However, ongoing issues associated with groundwater contamination and performance of the new ANS system present unique challenges to the NRCs regulatory oversight of Indian Point Energy Center. This inspection program deviation is needed to ensure that the NRC can continue to inspect Entergys resolution of the groundwater remediation efforts, installation and testing of the new ANS, and communicate the issues to interested stakeholders.
Planned Actions A. Deviation Request Region I requests your approval to continue to deviate from the ROP Action Matrix to provide the following oversight for Indian Point Energy Center throughout calendar year 2008. As discussed above, the NRC intends to perform the following actions to closely monitor Entergys efforts.
Groundwater Contamination Inspection Effort
- The NRC Region I staff will inspect and assess Entergys final site groundwater characterization effort and verify that Entergy has established effective procedures and processes to assure that remaining contaminated groundwater conditions continue to improve; and that the abnormal release through contaminated groundwater is effectively monitored and accounted for in accordance with NRC regulatory requirements.
- Continue split monitoring well water samples with Entergy and the State of New York for independent testing and assessment of contamination levels in groundwater on a sample basis. The Office of Nuclear Reactor Regulation (NRR) and Region I have agreed on the scope of the confirmatory sample in FY2008 and NRR has initiated actions to fund split sampling in support of this effort.
The proposed effort associated with enhanced monitoring of the Indian Point Energy Center groundwater contamination issue is estimated to involve approximately 0.5 full time equivalent staff (FTE) for calendar year 2008 with an additional 0.1 FTE for stakeholder communication and outreach activities. This effort represents a small fraction of the Regions budget for plant specific/supplemental inspection activities; and with current projections, can be accommodated within the existing budget projections for calendar year 2008. We will continue to identify efficiencies in order to be able to support emergent regional and agency-wide supplemental inspection needs. Similarly, NRR will reallocate existing contract funds in FY2008 to fund the limited scope confirmatory sampling.
Reliability, Availability, and Testing of the New Indian Point Energy Center ANS
- Continue to provide enhanced oversight of the current ANS until the replacement ANS has been tested, accepted, and placed in-service.
L. Reyes 4
- Inspect final implementation of the Indian Point Energy Center ANS, including resolution of the technical issues with FEMA.
- Inspect post-installation system testing of the ANS in accordance with the NRC Confirmatory Order dated January 31, 2006, subsequent NRC enforcement actions, and FEMA requirements.
The proposed effort associated with enhanced monitoring of the Indian Point Energy Center ANS issue is estimated to involve approximately 0.2 FTE for calendar year 2008 with an additional 0.2 FTE for enforcement and stakeholder communication and outreach activities.
This effort represents a small fraction of the Regions budget for plant specific/supplemental inspection activities; and with current projections, can be accommodated within the existing budget projections for calendar year 2008. We will continue to identify efficiencies in order to be able to support emergent regional and agency-wide supplemental inspection needs.
Return to Normal NRC Monitoring The staff plans to return to normal NRC monitoring efforts consistent with the Action Matrix, if and when:
- Entergy has completed characterization of the onsite contaminated groundwater condition, and established appropriate measures to effect mitigation and monitoring of the condition, including formal procedures, processes and controls.
- Entergy has formalized changes to its environmental monitoring program to provide early detection of groundwater contamination that has the potential to migrate to the environment.
- Entergy has taken reasonable actions to determine the source(s) of the current groundwater contamination and has addressed the condition.
- Entergy has installed, and placed in-service, the new ANS in accordance with the FEMA-approved Prompt Alert and Notification System Design Report.
- Entergy has successfully completed testing of the ANS as described in paragraphs II.C.3, II.C.4, and II.C.5 of the NRCs Confirmatory Order dated January 31, 2006.
Consistent with the SRM dated May 27, 2004, we will provide a copy of this Deviation Memorandum to the Commission and discuss the deviation at the next Agency Action Review Meeting. Pending your approval, the NRC staff will develop a communication approach to ensure that the licensee and stakeholders are appropriately informed.
Approve/Disapprove: /RA/ 12/20/07 Luis A. Reyes Date
ML073480290 To receive a copy of this document, indicate in the box: "C" = Copy without attachment/enclosure "E" = Copy with attachment/enclosure "N" = No copy OFFICE RI/DRP RI/DRS RI/DRP RI/RA NRR EDO NAME ECobey/ MGamberoni/ DLew/ SCollins/ JDyer/JGrobe for LReyes/
DATE 12/11/07 12/12/07 12/12/07 12/13/07 12/19/07 12/20/07 L. Reyes 6 Memo to Luis A. Reyes from Samuel J. Collins dated December 19, 2007.
SUBJECT:
REQUEST FOR RENEWAL OF DEVIATION TO THE ACTION MATRIX TO PROVIDE HEIGHTENED NRC OVERSIGHT OF SPECIFIC ISSUES AT THE INDIAN POINT ENERGY CENTER DISTRIBUTION:
S. Collins, ORA, RI M. Gamberoni DRS, RI J. Dyer, NRR J. Wiggins, NRR M. Kowal, NRR J. Lubinski, NRR J. Boska, NRR G. West, OEDO (Acting)
E. Cobey, DRP, RI D. Lew, DRP, RI J. Clifford, DRP, RI K. Farrar, ORA, RI D. Holody, ORA, RI D. Screnci, ORA, RI D. Jackson, DRP, RI B. Welling, DRP, RI E. DiPaolo, DRP, RI M. Cox, DRP, SRI - Indian Point 2 (Acting)
T. Setzer, DRP, RI - Indian Point 2 (Acting)
P. Cataldo, SRI - Indian Point 3 C. Hott, RI - Indian Point 3