ML16342C888
| ML16342C888 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 04/14/1995 |
| From: | Bateman W NRC (Affiliation Not Assigned) |
| To: | Rueger G PACIFIC GAS & ELECTRIC CO. |
| References | |
| TAC-M92026, NUDOCS 9504190159 | |
| Download: ML16342C888 (8) | |
Text
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++*d4'NITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 2055&4001 April 14, 1995 Mr. Gregory M. Rueger Nuclear Power Generation, B14A Pacific Gas and Electric Company 77 Beale Street, Room 1451 P.
O.
Box 770000 San Francisco, California 94106
SUBJECT:
NOTICE OF ENFORCEMENT DISCRETION FOR PACIFIC GAS AND ELECTRIC COMPANY REGARDING DIABLO CANYON NUCLEAR POWER PLANT, UNIT NO.
1 (TAC NO. M92026)
Dear Mr. Rueger:
By letter dated April 12,
- 1995, you requested that the NRC exercise discretion not to enforce compliance with Technical Specification (TS) 3/4.4.9. 1, "Reactor Coolant System - Pressure/Temperature Limits."
That letter documented information discussed with the NRC staff in a telephone conversation on April 12,
- 1995, and in a licensing amendment request submittal dated August 17, 1994.
Information presented stated that the Unit 1 effective full-power years (EFPY) were recalculated on April 11,
- 1995, and that in so
- doing, an error was discovered such that 8 EFPY were exceeded for Unit 1 on April 8, 1995.
It had previously been calculated that 8
EFPY would not be reached until April 19, 1995.
As a result, Figures 3.4-2, "Reactor Coolant System Heatup Limitations Applicable Up to 8 EFPY," and 3.4-3, "Reactor Coolant System Cooldown Limitations - Applicable Up to 8 EFPY," were no longer applicable.
You requested that a Notice of Enforcement Discretion (HOED) be issued to allow continued use of the current TS figures and that it be effective until the license amendment is issued but not to exceed 1200 PDT on April 21, 1995.
Your safety justification for the NOED was based on the fact that the RT~,
values for the limiting beltline materials at 12 EFPY are less than the prior RT~, estimates for 8 EFPY and, therefore, the current curves would be adequate for up to 12 EFPY.
You reached this conclusion because previous fluence projections have been significantly reduced due to the use of very low leakage core loading patterns since Cycle 1 and because two surveillance capsules have been evaluated such that plant-specific information has been considered.
You also indicated that no unreviewed safety question and no significant hazard exists.
To provide additional assurance that the public health and safety would not be adversely affected by the requested enforcement discretion, you implemented the following compensatory measures:
(1) the operators were informed that the existing pressure/temperature curves in the TS remain valid, and if a forced shutdown of Unit 1 is required, as much margin to the cooldown curve as possible should be maintained, (2) Unit 1 would not load follow and would be maintained at stable, full-power operation to the extent possible, and (3) high-risk surveillance tests and elective maintenance with a greater possibility of causing a plant transient would be deferred to the extent A
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Hr. Gregory M. Rueger April 14, 1995 The NRC staff had evaluated your safety justification assertions as part of its review of the license amendment request dated August 17,
- 1994, and so was able to conclude that application of the pressure/temperature curves until termination of the NOED was acceptable.
The NOED was issued in order to avoid an undesirable transient (plant shutdown) while the processing of the amendment to update the figures was completed.
- However, as stated in Appendix C to 10 CFR Part 2, enforcement action will normally be taken, to the extent that violations were involved, for the root cause that led to the noncompliance for which this discretion was used.
Sincerely,
.0[)[GIMEL 5IGNED BY'ilklam H. Hateman, Project Director Project Directorate IV-2 Division of Reactor Projects III/IV Office of Nuclear Reactor Regulation Docket No. 50-275 cc:
See next page DISTRIBUTION:
Docket File 'UBLIC PD4-2 Reading WRussell/FHiraglia RZimmerman
- CGrimes, DORS/OTSB ACRS (4)
,HBoyle; DRPE (NOED 95-6-.005)
Region IV, WCFO (4)
'Beach, RIV HTschiltz, SRI KPerkins',
RIV/WCFO
- JDyer, RIV DChamberlain
'OCUMENT NAME:
DCNOED.PT
- Concurred by J.
Dyer Actin
- for, On the basis of the staff's evaluation of your request, the staff has concluded that the exercise of enforcement discretion was warranted because the staff was clearly satisfied that this action involved no safety impact and had no adverse impact on public health and safety.
This letter documents our telephone conversation on April 12, 1995, at 2:58 pm EST when we orally issued this NOED.
This NOED was effective through issuance of the license amendment which revised the applicability of the pressure/temperature curves to up to 12 EFPY.
The NRC staff informed Hr. Warren Fujimoto of your staff that the associated amendment was issued on April 13, 1995, at 4:35 pm EST.
The licensee formally exited this NOED at 9:08 am PDT on April 14, 1995.
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Hr. Gregory H. Rueger April 14, 1995 The NRC staff had evaluated your safety justification assertions as part of its review of the license amendment request dated August 17,
- 1994, and so was able to conclude that application of the pressure/temperature curves until termination of the NOED was acceptable.
The NOED was issued in order to avoid an undesirable transient (plant shutdown) while the processing of the amendment to update the figures was completed.
On the basis of the staff's evaluation of your request, the staff has concluded that the exercise of enforcement discretion was warranted because the staff was clearly satisfied that this action involved no safety impact and had no adverse impact on public health and safety.
This letter documents our telephone conversation on April 12, 1995, at 2:58 pm EST when we orally issued this NOED.
This NOED was effective through issuance of the license amendment which revised the applicability of the pressure/temperature curves to up to 12 EFPY.
The NRC staff informed Hr. Warren Fujimoto of your staff that the associated amendment was issued on April 13, 1995, at 4:35 pm EST.
The licensee formally exited this NOED at 9:08 am PDT on April 14, 1995.
- However, as stated in Appendix C to 10 CFR Part 2, enforcement action will normally be taken, to the extent that violations were involved, for the root cause that led to the noncompliance for which this discretion was used.
Sincerely,
. 0[)[ G INTEL SIGNED BY
'il j)am H. Bateman, Project Director Project Directorate IV-2 Division of Reactor Projects III/IV Office of Nuclear Reactor Regulation Docket No. 50-275 cc:
See next page DISTR I BUTION:
Docket File PD4-2 Reading RZimmerman EGAl WBateman OGC
HTschiltz, SRI
- JDyer, RIV PUBLIC WRussell/FMiraglia
- AThadani, ADT JHannon NNiller GHill, IRH (2)
ACRS (4)
OC/LFDCB
- HBoyle, DRPE (NOED 95-6-005)
- ABeach, RIV
- KPerkins, RIV/WCFO DChamberlain DOCUMENT NAME:
DCNOED.PT
- Concurred by J.
Dyer Actin for OFC NAME DATE PDIV-2 LA ZPey@n 4 l895 P IV-2 PM PDIV-2 5, RIV DRP*
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14 95 OFFICIAL RECORD COPY
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Mr. Gregory M. Rueger Pacific Gas and Electric Company Diablo Canyon CC:
NRC Resident Inspector Diablo Canyon Nuclear Power Plant c/o U.S. Nuclear Regulatory Commission P. 0.
Box 369 Avila Beach, California 93424 Dr. Richard Ferguson, Energy Chair Sierra Club California 6715 Rocky Canyon Creston, California 93432 Ms. Nancy Culver San Luis Obispo Mothers for Peace P. 0.
Box 164 Pismo Beach, California 93448 Ms. Jacquelyn C. Wheeler P. 0.
Box 164 Pismo Beach, California 93448 Managing Editor The Count Tele ram Tribune 1321 Johnson Avenue P. 0.
Box 112 San Luis Obispo, California 93406 Chairman San Luis Obispo County Board of Supervisors Room 370 County Government Center San Luis Obispo, California 93408 Mr. Truman Burns Mr. Robert Kinosian California Public Utilities Commission 505 Van Ness, Room. 4102 San Francisco, California 94102 Mr. Steve Hsu Radiologic Health Branch State Department of Health Services Post Office Box 942732 Sacramento, California 94234 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission Harris Tower 8 Pavillion 611 Ryan Plaza Drive, Suite 400 Arlington, Texas 76011-8064 Mr. Peter H. Kaufman Deputy Attorney General State of California 110 West A Street, Suite 700 San Diego, California 92101 Christopher J. Warner, Esq.
Pacific Gas
& Electric Company Post Office Box 7442 San Francisco, California 94120 Mr. Warren H. Fujimoto Vice President and Plant Manager Diablo Canyon Nuclear Power Plant P. 0.
Box 56 Avila Beach, California 93424 Diablo Canyon Independent Safety Committee ATTN:
Robert R. Wellington, Esq.
Legal Counsel 857 Cass Street, Suite D
Monterey, California 93940
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