ML17053C129
| ML17053C129 | |
| Person / Time | |
|---|---|
| Site: | Nine Mile Point  |
| Issue date: | 11/26/1980 |
| From: | Stello V NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| To: | NIAGARA MOHAWK POWER CORP. |
| Shared Package | |
| ML17053C127 | List: |
| References | |
| EA-81-008, EA-81-8, NUDOCS 8012100125 | |
| Download: ML17053C129 (18) | |
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APPENDIX C
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the matter of Niagara Mohawk Power Corporation (Nine Mile Point Nuclear Station)
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Docket No.
50-220
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ORDER FOR MODIFICATION OF LICENSE (EFFECTIVE IMMEDIATELY)
AND ORDER TO SHOM CAUSE The Niagara Mohawk Power Corporation (the Licensee) is the holder of Facility Operating License No.
DPR-63 which authorizes the Licensee to operate the Nine Mile Point.Nuclear Station at power levels not in excess of 1850 megawatts thermal (rated power).
The facility is a boiling water reactor located at the Licensee's site in Oswego-County, New York.
Following the Three Mile Island Unit 2 (TMI-2) accident on March 28, 1979 a TMI-2 Lessons Learned Task Force of the Nuclear Regulatory Commission (NRC) staff conducted an intensive review of the design and operational aspects of nuclear power plants and the emergency procedures for coping with potential accidents.
The task force identified measures to be taken in the short-term to reduce the likelihood of accidents and to improve emergency preparedness in responding to accidents.
These measures are set forth in NUREG-0578, "TMI-2 Lessons Learned Task Force Status Report and Short-Term Recommendations."
The NRC concluded that prompt implementation of those actions designated as "Category A" require-ments at operating nuclear power plants was necessary to provide continued Q)QQQJQP
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-2" assurance of adequate protection of public health and safety.
These "Category A"
requirements were transmitted to all holders of nuclear power plant operating licenses by letter dated September 13, 1979.
Further clarification of these requirements was transmitted-to all holders of nuclear power plant operating licenses by letter dated October 30, 1979.
With respect to Category A Item
- 2. 1.8.b, licensees were to implement procedures for estimating noble gas release rates if the existing effluent instrumentation goes off scale.
By letters dated October 18, November 26, December 19, 20, and 31, 1979, the Licensee had previously submitted commitments and documentation of actions taken at Nine Mile Point Nuclear Station to implement. the requirements resulting from NUREG-0578 and subsequent NRC letters to the Licensee dated September 13 and October 30, 1979.
With respect to Category A Item 2. 1. 8.b, the Licensee stated in its letter dated December 31, 1979 that by January 1, 1980:
"The existing in-line sgack monitors are capable of detecting 50.Ci/sec.
or approximately 0.55 uCi/cc (Xe-133) with normal ventilation flow of 180,000 ft.
/minute.
These monitors have readout and alarm capability in the main 3
control room.
guantification of higher level noble gas releases will be provided by means of a portable gamma survey instrument.
This instrument will be installed such that it will monitor a portion of the sample line to the existing stack monitors.
This line comes from isokinetic probe in the main stack.
"Background radiation will be shielded by means of a lead cave around the detector.
The instrument has an upper limit of at least 1,000 R/hr. It will be calibrated with a Xe-133 source such that the reading can be related from R/hr. to uCi/sec.
stack release rate.
Since all station effluents are
discharged via the stack, the effluents monitored in this line are repre-sentative of the stack discharge.
Until the Xe-133 calibration can be accomplished, the existing stack monitor calibration dependence data will be utilized to establish a calibration factor.
"Readings on the interim monitor will be taken locally and the results verbally communicated to the main control room.
This method would be used only in a case where the existing monitors wer e off scale (high).
Communi-cation will be by means of a headset and will be taken approximately every fifteen minutes, when required.
"The in-line monitors are powered from redundant AC power sources.
These monitors are not presently powered from emergency sources.
Power to the interim monitors will be from a DC battery source, capable of eight consecu-tive days of continuous readout."
An immediately effective ORDER TO SHOW CAUS:- dated January 2,
1980 which incorporated by reference, the October 30, '979 letter, required, among other things, the Licensee to do the following:
"By January 31, 1980 implement all "Ca.egory A" requirements (except the requirement of 2. 1. 7, a of NUREG-0578) referred to in Part II of this Order, except those for which necessary equipment is shown by appropriate and timely documentary jus-ification to the Director, Office of NRR, to be unavailable, or in the alternative, place and maintain its facilities in a cold shut down or refueling mode of operation.
"Category A" requirements not implemented by January 31,
- 1980, owing to the unavailability of necessary equipment shall be implemented within 30 days of the date such equipment becomes avai 1-able but no later than June 1, 1980."
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0 In its Answer TO SHOM CAUSE dated January 22, 1980 the Licensee stated under oath that the action on "Category A" Item 2. 1. 8.b of NUREG-0578 had been completed on Oecember 31, 1979.
Inspection and investigation conducted on October 8-10, 20-31, November 1
and 18, 1980, including interviews of Niagara Mohawk Power Corporation personnel, show that actions required by the Commission's Order dated January 2, 1980 with regar d to "Category A" Item 2. 1. 8. b were not completed by January 31, 1980 as required.
Specifically, as of October 8, 1980:
(a) a lead cave to provide shielding had not been constructed nor had any action been taken to do so; (b) a portable gamma survey instrument had not been installed nor had a
dedicated instrument been identified; (c) there was no evidence that indicated that steps were being taken to perform calibr ation with a Ne-133 source to relate R/hr to stack release 'rates; (d) there were no specific procedures to assure that in the event the existing in line stack moritor goes off scale, a portable gamma survey instrument would be properly installed, and readings taken locally approximately every 15 minutes and communicated verbally by means of a headset to the control room; and (e) the facility continued to operate.
In addition, it was found that:
A.
The management control system at the Nine Mile Point Nuclear Station placed reliance on oral information from subordinates without pro-viding for adequate verification that required actions had been taken.
B.
In a sworn statement dated October 31, 1980, the (then) Site Superintendent stated that he kne~ that the lead cave had not been installed at the time he concurred in the content of the licensee's
5 letters to NRC dated Oecember 31, 1979 and January 22, 1980.
In a sworn statement dated November 18,
- 1980, he stated that he did not communicate this information to higher management.
C.
In a sworn statement dated November 1, 1980, the Executive Vice President affirmed that he signed the response by the Niagara Mohawk Power Corporation dated January 22, 1980, to the Commission's Order to Show Cause, dated January 2,
1980.
He stated that he is familiar with the general process by which the response was prepared but that he did not participate in the preparation of specific information contained therein nor was he aware of the basis on which lower management formulated the implementation schedule for any of the "Category A" items, including 2. 1.8.b,
".Increased Range of Radiation Monitors."
He stated that he did not recall reviewing the response and did not recall having any management meetings or oral communication with either corporate or site management about the preparation of the response.
'I He stated that he signed the response to the Order to Show Cause based on his reliance on lower management and that it was his belief that the response reflected accurate information.
0.
The failure of the (then) Site Superintendent to communicate to responsible corporate officers the actual status of actions required by the Commission's Order dated January 2, 1980 and the fai lure of the Executive Vice President to take steps to verify the completeness and accuracy of the response prepared for his signature under oath
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I resulted in the execution of a response to the Order which contained a false statement that the actions required by "Category A" Item 2 ~ 1.8.b were complete when in fact they were not.
This false statement contributed significantly to the failure to comply with the Commission's Order dated January 2, 1980 going undetected until October 8, 1980 when it'as discovered during the course of a Health Physics Appraisal inspection.
IV As noted above; at least one responsible manager in the licensee's organization, the (then) Site Superintendent, knew that the January 22, 1980 sworn statement submitted in response to the January 2,
1980 Order was false.
This statement that the requirement of Category A Item 2. 1.8.b was completed by December 31, 1980 was not only false but also material since operation of Nine Mile Point, Unit 1 was permitted to continue beyond January 31, 980 in the belief by NRC that the requirements of the Commission's Crder dated January 2,
1980 were satisfied.
Meeting requirement
- 2. 1.8.b was. necessary to mitigate the con-sequences of postulated accidents by provicing reliable information on which to base decisions concerning protective actions, including evacuation.
The material false statement is set forth in the Notice of Violation issued this date.
V Under Section 186 of the Atomic Energy Act of 1954, as
- amended, and in the Commission's regulations, in 10 CFR 50. 100, an operating license may be suspended for a material false statement or a inding which would warrant the Commission to refuse to grant an operatinc license on initial application.
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Based on the foregoing, I have concluded that in addition to the material false statement involved, if it had been known that a false statement of the character found here were going to be made, a license would not have been issued.
I have also concluded that the action of management of this licensee demonstrates that there is no longer a basis to rely on its statements and commitments and that there is no longer reasonable assurance that the licensee will comply with Commission requirements.
Therefore, I have determined that the public health, safety or interest requires that immediate corrective action be taken, including removal of the (then) Site Superintendent from nuclear activities and that a basis exists for questioning the continued involvement in nuclear activities of the Executive Vice President, in that he signed, under
- oath, the January 22, 1980 submittal.
VI Accordingly, pursuant to Section 161(i) and 186 of the Atomic Energy Act of-
- 1954, as
- amended, and the Commission's regulations in 10 CFR Parts 2 and 50, IT IS HEREBY ORDERED THAT:
A.
effective immediately, License DPR-63 is amended by adding thereto the following conditions:
(1)
"Mr. T. J.
- Perkins, shall not be involved with nuclear matters for Niagara Mohawk Power Corporation";
(2)
"Procedures shall be implemented by January 5,
1981 to ensure that managers at all levels of the Licensee's organization provide full, accurate and timely information to higher management and to the Nuclear Regulatory Commission, when
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"8-such information is provided thereto.
On or before January 5,
- 1981, a written report describing such procedures and steps taken to implement them shall be submitted to the Director, Office of Inspection and Enforcement."
B.
the Licensee Show Cause why Hr.
James Bartlett, the Executive Vice President, who signed the January 22, 1980 letter,. should not be similarly removed from involvement in nuclear matters.
VII The Licensee
- may, on or before January 5,
1981 show cause, as required by Section VI B, by filing a written answer under oath or affirmation setting forth the matters of fact and law upon which the l.icensee relies.
Upon failure of the Licensee to file an answer within the time specified, the Director, Office of Inspection and Enforcement, may issue an or der taking the actions stated in Section VI B.
VIII The Licensee, or any other person who has an interest affected by this Order, may request a hearing no later than January 5,
1981.
Any answer to this Order or any request for a hearing shall be submi-ted to the Secretary, U. S.
Nuclear Regulatory Commission, Mashington, DC 20555 with a copy to the Executive Legal Director at the same address.
If a person other than the Licensee requests a
hearing, that person shall set forth with particularity the manner in which the petitioner's interest is affected by th:s Order and should address the criteria set forth in 10 CFR 2.714(d).
If a hearing is requested by he Licensee or any person who has an interest affected by this Order, the
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Commission will issue an order designating
.he time and place =of any such
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Any request for a hearing shall not stay the immediate effectiveness of Section VI, A(1) and A(2).
In the event a hearing is held, the issue
.o be considered at such hearing shall be whether, on the basis of the facts set forth in Parts II, III and IV of this Order, the actions set forth in Section VI should be sustained.
Dated at Bethesda, Maryland this
~~ g day of November, 1980.
FOR THE NUCLEAR REGULATORY COMMISSION Pj Vic-or St&ko, Jr. director Office of Inspection and Enforcement
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