ML083100574

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Response to Notification of Potential Technical Specification Violation
ML083100574
Person / Time
Site: Vallecitos File:GEH Hitachi icon.png
Issue date: 11/04/2008
From: Whitten J
NRC/RGN-IV/DNMS/NMSB-B
To: Don Krause
GE-Hitachi Nuclear Energy Americas
References
Download: ML083100574 (3)


Text

UNITED STATES NUC LE AR RE G UL AT O RY C O M M I S S I O N R E GI ON I V 612 EAST LAMAR BLVD , SU I TE 400 AR LI N GTON , TEXAS 76011-4125 November 4, 2008 Donald R. Krause Vallecitos Nuclear Center 6705 Vallecitos Road Sunol, California 94586

SUBJECT:

RESPONSE TO NOTIFICATION OF POTENTIAL TECHNICAL SPECIFICATION VIOLATION

Dear Mr. Krause:

We have received your letter dated September 26, 2008, informing us of a potential Technical Specification violation that occurred at the Empire State Atomic Development Associates Incorporated Vallecitos Experimental Superheat Reactor (EVESR), NRC License No. DR-10.

You voluntarily notified us that on September 15, 2008, equipment removal work was conducted below the 549-foot elevation, contrary to the requirements of the EVESR Technical Specifications. In response to your discovery of the potential violation, you immediately suspended work below the specified elevation.

In addition, you submitted a license amendment request to the NRC by letter dated October 9, 2008. You requested NRC approval to modify the 549-foot elevation work restriction. Further, you conducted a significant hazard analysis in accordance with 10 CFR 50.91(a). You concluded that the change would not result in: (1) a significant increase in the probability or consequence of an accident, (2) the creation of a new or different kind of accident, or (3) the reduction in a margin of safety.

As a result of our review, we have determined that the potential violation of EVESR Technical Specifications appears to be non-safety significant. However, we will review this potential Technical Specifications violation and the implementation of your corrective actions during a future inspection to ensure that full compliance with regulatory requirements has been achieved and will be maintained. Therefore, no response to this letter is required at this time unless new information becomes available that changes the safety or regulatory significance of the potential violation.

In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter and your response, if you choose to provide one, will be made available electronically for public inspection in the NRC Public Document Room or from the NRCs document system (ADAMS),

accessible from the NRCs 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.

Donald R. Krause Should you have any questions concerning this letter, please contact the undersigned at (817) 860-8197 or Mr. Robert J. Evans, Senior Health Physicist, at (817) 860-8234.

Sincerely,

/RA Jacqueline D. Cook for/

Jack E. Whitten, Chief Nuclear Materials Safety Branch B Docket No.: 050-00183 License No.: DR-10 cc:

California Radiation Control Program Director Gary Butner, Chief California Department of Public Health (CDPH)

Radiologic Health Branch P.O. Box 997414, MS 7610 Sacramento, CA 95899-7414

Donald R. Krause bcc w/enclosure (via e-mail distribution):

ATHowell CLCain JEWhitten JTBuckley, FSME/DWMEP/DURLD RJEvans NMSB-B File MLxxxxxxx SUNSI Review Completed: RJE ADAMS: Yes No Initials: RJE Publicly Available Non-Publicly Available Sensitive Non-Sensitive DOCUMENT NAME: S:\DNMS\!NMSB-B\!RJE\GE EVESR Response Letter.doc final r:\_DNMS\2008 RIV:DNMS:NMSB-B C:NMSB-B RJEvans JEWhitten

/RA/ /RA JDCook for/

11/3/08 11/4/08 OFFICIAL RECORD COPY T=Telephone E=E-mail F=Fax