ML102040117

Re NRC Office of Investigations Report No. 3-2009-028 (AMS File No. RIII-2009-A-0005)

ML102040117
Person / Time
Site:	Dresden
Issue date:	07/22/2010
From:	Stephanie West Division Reactor Projects III
To:	Pacilio M Exelon Generation Co, Exelon Nuclear
References
OIR 3-2009-028
Download: ML102040117 (4)

Text

July 22, 2010 Mr. Michael J. Pacilio Senior Vice President, Exelon Generation Company, LLC President and Chief Nuclear Officer (CNO), Exelon Nuclear 4300 Winfield Road Warrenville IL 60555

SUBJECT:

NRC OFFICE OF INVESTIGATIONS REPORT NO. 3-2009-028

Dear Mr. Pacilio:

This refers to an investigation conducted by the U.S. Nuclear Regulatory Commission (NRC),

Office of Investigations (OI) to determine whether the licensee, contractor or subcontractor staff at the Dresden Nuclear Power Station knowingly installed and failed to document in the Corrective Action Program the installation of a non-qualified part in a control rod drive hydraulic control unit (HCU) scram valve. Based on the evidence developed during the investigation, we did not substantiate the allegation. The synopsis from the OI Report of Investigation is enclosed.

Based on the information in the OI Report of Investigation and your response to our Request for Information, we identified two minor violations of NRC requirements that are not subject to enforcement action in accordance with the NRCs Enforcement Policy. A violation of Title 10 of the Code of Federal Regulations (10 CFR) 50, Appendix B, Criterion XV, Nonconforming Materials, Parts, or Components, was identified, in that on November 3, 2005, a non-qualified washer from a mock-up HCU was installed in the Dresden Unit 2 safety-related 30-07 HCU 126 scram valve. Because the non-qualified washer was removed prior to the HCU being returned to service, and the as-left condition, which lacked a washer entirely, did not affect the performance of the valve, this violation was determined to be minor. This issue was entered into the Corrective Action Program (Issue Report (IR) 910312) and a qualified washer was installed in the valve during the refueling outage in 2009.

Also, a violation of 10 CFR 50, Appendix B, Criterion XVI, Corrective Action, was identified, in that when the contractor organization discovered that the non-qualified washer was installed in the safety-related valve in November 2005, they did not enter this condition adverse to quality into the Corrective Action Program. This issue was determined to be minor because it did not affect the performance of the valve. The contractors failure to enter the issue into the Corrective Action Program was documented in IR 919880.

If you have any questions or comments regarding this matter, please contact James Heller, Paul Pelke, Magdalena Gryglak, or Sarah Bakhsh of the NRC Region III staff at telephone number (630) 829-9500.

In accordance with 10 CFR 2.390 of the NRC's Rules of Practice, a copy of this letter, its enclosure, and your response, if any, will be available electronically for public inspection in the NRC Public Document Room or from the NRC's Agencywide Documents Access and

M. Pacilio Management System (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room).You should note that final NRC documents, including the final OI reports, may be made available to the public under the Freedom of Information Act (FOIA) subject to redaction of information pursuant to the FOIA. Requests under the FOIA should be made in accordance with 10 CFR 9.23, Request for Records. The instructions for making a request for information under the FOIA are accessible at http://www.nrc.gov/reading-rm/foia/foia-request.html.

Sincerely,

/RA by Gary L. Shear Acting for/

Steven West, Director Division of Reactor Projects Docket Nos. 50-237; 50-249 License Nos. DPR-19; DPR-25

Enclosure:

OI Synopsis cc w/encl: Associate General Counsel, Exelon Director, Licensing and Regulatory Affairs, Exelon

M. Pacilio Management System (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room).You should note that final NRC documents, including the final OI reports, may be made available to the public under the Freedom of Information Act (FOIA) subject to redaction of information pursuant to the FOIA. Requests under the FOIA should be made in accordance with 10 CFR 9.23, Request for Records. The instructions for making a request for information under the FOIA are accessible at http://www.nrc.gov/reading-rm/foia/foia-request.html.

Sincerely,

/RA by Gary L. Shear Acting for/

Steven West, Director Division of Reactor Projects Docket Nos. 50-237; 50-249 License Nos. DPR-19; DPR-25

Enclosure:

OI Synopsis cc w/encl: Associate General Counsel, Exelon Director, Licensing and Regulatory Affairs, Exelon DOCUMENT NAME: G:\EICS\ALLEGATIONS\AMS-LTRS\09 AMS\090005 Dresden\090005.OI synopsis to lic.docx 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 RIII N RIII N RIII N RIII N RIII N NAME Pelke Ring Langan* Orth** Shear for West DATE 07/22/10 07/22/10 07/22/10 07/22/10 07/22/10 OFFICIAL RECORD COPY

• For permission to release OI synopsis.

• • The 3-week email has expired.

SYNOPSIS This investigation was initiated on July 13, 2009, by the U.S. Nuclear Regulatory Commission, Office of Investigations, Region III, to determine whether the licensee, contractor or subcontractor staff at the Dresden Nuclear Power Station knowingly installed and failed to document in the corrective action program the installation of a non-qualified part in a control rod drive hydraulic control unit scram valve.

Based upon the evidence developed, this investigation did not substantiate the allegation that the licensee, contractor or subcontractor staff at the Dresden Nuclear Power Station knowingly installed and failed to document in the corrective action program the installation of a non-qualified part in a control rod drive hydraulic control unit scram valve.

Case No. 3-2009-028 Enclosure