ML17053B339

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Ack Receipt of Informing NRC of Steps Taken to Correct Violations Noted in IE Insp Rept 50-410/79-05. Reasserts Noncompliance Re Failure to Promptly Report Significant Breakdown in QA Program
ML17053B339
Person / Time
Site: Nine Mile Point Constellation icon.png
Issue date: 12/28/1979
From: Robert Carlson
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To: Rhode G
NIAGARA MOHAWK POWER CORP.
Shared Package
ML17053B340 List:
References
NUDOCS 8001240150
Download: ML17053B339 (4)


See also: IR 05000410/1979005

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UNITED STATES

NUCLEAR REGULATORY COMMISSION

REGION I

63I PARK AVENUE

KING OF PRUSSIA, PENNSYLVANIAI9406

Docket No. 50-410

Q$Q gft979

Niagara

Mohawk Power Corporation

ATTN:

Mr. G.

K. Rhode

Vice President

System Project Management

300 Erie Boulevard,

West

Syracuse,

New York

13202

Gentlemen:

Subject:

Inspection

50-410/79-05

This refers to your letter dated October 23, 1979, in response

to our letter

dated August 23,

1979.

As stated in the Notice of Violation appended

to our letter of August 23,

1979,

S8W Procedure

EAP 16.2 requires

immediate notification to the client (Niagara.

Mohawk Power Company) of any deficiency which may be reportable.

As stated in your above referenced letter,

a task force was formed on or about

March,

1979 to investigate

the audit findings of September,

1978.

Nonconform-

ance

and Disposition Reports

issued

on April 4,

1979 stated that the

UT tech-

. nique

used to examine the "K" groove weld joints were inadequate

and questioned

the results of the

UT examination of the base-ring

"T" welds.

The dispositions

of these reports required reexamination of the "K" welds

and of 1005 of the "T"

welds.

10 CFR 50.55(e) identifies one form of a reportable deficiency as

"A

significant breakdown in any portion of the quality assurance

program.."

and

required

a report if it "...could have affected adversely

the safety of opera-

tions of..."

There appears

to be no question that the unacceptable

UT techniques

used are

a significant breakdown of a portion or the manufacturers

quality

assurance

program which was identified no later than April 4,

1979

and possibly

as early as September

1978.

Although you state that Niagara

Mohawk was informed

on May 18,

1979 that the problem was minor in nature,

you are here referring to

the results

of- reexamination of the "K" and "T" welds.

Until having obtained

these results,

you were not in a position to know whether it would or would not

affect the safety of operation of the plant.

However, you were certainly in a

position to know that it could. have affected the safety of operations.

Since

this deficiency should

have

been reported within twenty-four hours after April

4, 1979,

and was not reported until after its identification during the

NRC

inspection of May 14-17,

1979, it is our position that the noncompliance

as

cited is valid.

Soox94o

I G G

Niagara

Mohawk Power Corporation

~

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Your assertion that internal procedures

were complied with in evaluating the

deficiency raises

questions

as to the adequacy of those procedures

or at least

to misconceptions

in their implementation relative to 10 CFR 50.55(e).

The

resulting failure to report

a deficiency,

as required

by this regulation, is

clearly an item which requires

prompt corrective action to prevent recurrence.

Should you have any further questions

concerhing this matter,

we will be pleased

to discuss

them with you.

Sincerely,

Robert T. Garison, Chief

Reactor Construction

and Engineering

Support

Branch

CC:

Eugene

B. Thomas, Jr., Esquire