ML15118A072

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Forwards Insp Repts 50-269/96-02,50-270/96-02 & 50-287/96-02 on 960108-25.No Violations Noted
ML15118A072
Person / Time
Site: Oconee  Duke Energy icon.png
Issue date: 02/02/1996
From: Merschoff E
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To: Hampton J
DUKE POWER CO.
Shared Package
ML15118A073 List:
References
EA-96-019, EA-96-19, NUDOCS 9602120128
Download: ML15118A072 (6)


See also: IR 05000269/1996002

Text

CATEGORY 2

REGULATORY INFORMATION DISTRIBUTION SYTEM (RIDS)

CESSION'NBR:9602120128

DOC.DATE: 96/02/02 NOTARIZED: NO

DOCKET #.

CIL:50-269 Oconee Nuclear Station, Unit 1, Duke Power Co.

05000269

50-270 Oconee Nuclear Station, Unit 2, Duke Power Co.

05000270

50-287 Oconee Nuclear Station, Unit 3, Duke Power Co.

05000287

AUTH.NAME

AUTHOR AFFILIATION

MERSCHOFF,E.W.

Region 2 (Post 820201)

RECIP.NAME

RECIPIENT AFFILIATION

HAMPTON,J.W.

Duke Power Co.

C

SUBJECT: Forwards insp repts 50-269/96-02,50-270/96-02 & 50-287/96-02

on 960108-25.No violations noted.

A

DISTRIBUTION CODE: IE01D

COPIES RECEIVED:LTR I ENCL

SIZE:

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TITLE: General (50 Dkt)-Insp Rept/Notice of Violation Response

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NOTES:

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NOTE TO ALL "RIDS" RECIPIENTS:

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HELP US TO REDUCE WASTE! CONTACT THE DOCUMENT CONTROL DESK,

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DISTRIBUTION LISTS FOR DOCUMENTS YOU DON'T NEED!

TOTAL NUMBER OF COPIES REQUIRED: LTTR

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ENCL

20

February 2, 1996

EA 96-019

Duke Power Company

ATTN: Mr. J. W. Hampton

Vice President

Oconee Site

P. 0. Box 1439

Seneca, SC 29679

SUBJECT:

NRC INSPECTION REPORT NOS. 50-269/96-02, 50-270/96-02, AND

50-287/96-02

Dear Mr. Hampton:

This refers to the special inspection conducted on January 8-25, 1996, at the

Oconee facility. The purpose of the inspection was to review the

circumstances surrounding a spent fuel assembly being inadvertently left

withdrawn from the Unit 1/2 spent fuel pool rack from December 14, 1995, until

January 8, 1996. At the conclusion of the inspection, the findings were

discussed with those members of your staff identified in the enclosed report.

Areas examined during the inspection are identified in the report. Within

these areas, the inspection consisted of selective examinations of procedures

and representative records, interviews with personnel, and observation of

activities in progress.

Based on the results of this inspection, an apparent violation was identified

and is being considered for escalated enforcement action in accordance with

the "General Statement of Policy and Procedure for NRC Enforcement Actions"

(Enforcement Policy), NUREG-1600. The apparent violation involves the

inadequate control over fuel assembly movement on December 14, 1995, which

resulted in a fuel assembly being left suspended in the fuel bridge mast for

over three weeks. Combined with an accident scenario involving the Standby

Shutdown Facility where water would be supplied from the spent fuel pool, the

fuel assembly could have been uncovered. Accordingly, no Notice of Violation

is presently being issued for this finding. In addition, please be advised

that the number and characterization of apparent violation(s) described in the

enclosed inspection report may change as a result of further NRC review.

An open predecisional enforcement conference to discuss this apparent

violation has been scheduled for February 21, 1996. The decision to hold a

predecisional enforcement conference does not mean that the NRC has determined

that a violation has occurred or that enforcement action will be taken. This

conference is being held to obtain information to enable the NRC to make an

enforcement decision, such as a common understanding of the facts, root

causes, missed opportunities to identify the apparent violation sooner,

corrective actions, significance of the issues and the need for lasting and

effective corrective action. In particular, we expect you to address why

corrective actions associated with Enforcement Action 94-104 (dated August 2,

1994) did not preclude this most recent fuel handling event. Additionally,

9602120128 960202

PDR

ADOCK 05000269

G

PDR

.

DPC

2

this is an opportunity for you to point out any errors in our inspection

report and for you to provide any information concerning your perspectives on

1) the scverity of the violation, 2) the application of the factors that the

NRC considers when it determines the amount of the civil penalty that may be

assessed in accordance with Section VI.B.2 of the Enforcement Policy, and 3)

any other application of the Enforcement Policy to this case, including the

exercise of discretion in accordance with Section VII. This conference will

be open to public observation in accordance with the Commission's continuing

trial program as discussed in the enclosed excerpt from the Enforcement Policy

(Enclosure 2).

Although not required, we encourage you to provide your

comments on how you believe holding this conference open to public observation

affected your presentation and your communications with the NRC.

You will be advised by separate correspondence of the results of our

deliberations on this matter. No response regarding the apparent violation is

required at this time.

In accordance with 10 CFR 2.790 of the NRC's "Rules of Practice," a copy of

this letter, its enclosures, and your response will be placed in the NRC

Public Document Room.

Sincerely,

Original signed by:

Ellis W. Merschoff, Director

Division of Reactor Projects

Docket Nos. 50-269, 50-270, and

50-287

License Nos. DPR-38, DPR-47, and

DPR-55

Enclosures: 1. Inspection Report

2. Enforcement Policy: Section V, "Predecisional Enforcement

Conferences"

cc w/encls:

Mr. J. E. Burchfield

Compliance

Duke Power Company

P. 0. Box 1439

Seneca, SC 29679

Mr. Paul R. Newton

Duke Power Company

422 South Church Street

Charlotte, NC 28242-0001

cc w/encls cont'd:

(See page 3)

I

DPC

3

cc w/encls cont'd:

Mr. Robert P. Gruber

Executive Director

Public Staff - NCUC

P. 0. Box 29520

Raleigh, NC 27626-0520

Mr. Robert B. Borsum

Babcock and Wilcox Company

Nuclear Power Generation Division

1700 Rockville Pike, Suite 525

Rockville, MD 20852

Mr. J. Michael McGarry, III, Esq.

Winston and Strawn

1400 L Street, NW

Washington, D. C. 20005

Office of Intergovernmental Relations

116 West Jones Street

Raleigh, NC 27603

OMr.

Max Batavia, Chief

Bureau of Radiological Health

South Carolina Department of Health

and Environmental Control

2600 Bull Street

Columbia, SC 29201

County Supervisor of

Oconee County

Walhalla, SC 29621

Manager, LIS

NUS Corporation

2650 McCormick Drive

Clearwater, FL 34619-1035

Mr. G. A. Copp

Licensing - EC050

Duke Power Company

P. 0. Box 1006

Charlotte, NC 28201-1006

Ms. Karen E. Long

Assistant Attorney General

N. C. Department of Justice

P. 0. Box 629

Raleigh, NC 27602

Distribution w/encls:

(See page 4)

DPC

4

Distribution w/encls:

L. A. Wiens, NRR

J. Lieberman, OE

G. M. Tracy, OEDO

R. E. Carroll, RH

R. V. Crlenjak, RH

G. A. Hal1strom, RH

B. Uryc, RH

OE:EA File (2) (Attn: B. Summers)

PUBLIC

NRC Resident Inspector

U.S. Nuclear Regulatory Commission

78128 Rochester Highway

Seneca, SC 29672

  • SEE PREVIOUS CONCURRENCES -

ATTACHE r

SEND TO PUBLIC DOCUMENT ROOM?

YES

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OFFICE

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RII:DRP

RII:DRP

RII:EICS

SIGNATURE

NAME

RCarroll:sam

RCrlenjak

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PHarmon

GHumphrey

BURYC

DATE

02/

/96

02/

/96

02/

/96

02/

/96

02/

/96

02/

/96

COPY?

YES

NO

YES

NO

YES

NO

YES

NO

YES

NO

YES

NO

OFFICIAL RECORD COPY

DOCUMENT NAME: 6:\\0NS96-02.R-2

DPC

4

Distribution w/encls:

L. A. Wiens, NRR

J. Lieberman, OE

G. M. Tracy, OEDO

R. E. Carroll, RH

R. V. Crlenjak, RH

G. A. Hal1strom, RH

B. Uryc, RH

PUBLIC

NRC Resident Inspector

U.S. Nuclear Regulatory Commission

78128 Rochester Highway

Seneca, SC 29672

SEND TO PUBLIC DOCUMENT

ROOM?

YES

N~O

-_____

_____

OFFICE

RII:DRP

RIPDRP

RII:DRP

RII:DRP

RII:EICS

SIGNATURE

NAME

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RC

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GIumphrey A$.Y_

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COPY?

NO

YES

NO

YES

NO

YES

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YES

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YES

NO

OFFICIAL RECORD COPY

DOCUMENT NAME:

G:\\ONS96-02.R-2