ML17059B098

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Forwards Insp Repts 50-220/96-05 & 50-410/96-05 on 960217- 0311.No Violations Observed
ML17059B098
Person / Time
Site: Nine Mile Point  Constellation icon.png
Issue date: 03/29/1996
From: Cooper R
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To: Sylvia B
NIAGARA MOHAWK POWER CORP.
Shared Package
ML17059B099 List:
References
EA-96-079, EA-96-79, NUDOCS 9604080088
Download: ML17059B098 (8)


See also: IR 05000220/1996005

Text

i

March 29,

1996

EA-.96-079

Mr. B. Ralph Sylvia

Executive Vice President

Gene} ation Business

Group

Niagara

Mohawk Power Corporation

(NHPC)

Nine Mile Point Nuclear Station

P. 0.

Box 63

Lycoming,

NY 13093

SUBJECT:

NRC SPECIAL INSPECTION

REPORT

NO.

50-220/96-05;

50-410/96-05

Dear Hr. Sylvia:

This letter refers to the inspection

conducted

from February

17 through March

ll, 1996, at Nine Mile Point Unit 1, Scriba,

New York.

The purpose of the

inspection

was to determine whether activities authorized

by the license

were

conducted safely,

and in accordance

with NRC requirements.

At the conclusion

of the inspection,

the findings were discussed

with Hr. Richard Abbott, Vice

President

and General

Manager,

Nuclear,

and other members of your staff,

as

identified in the enclosed report.

Subsequent

conversations

were held with

members of your management

team to clarify the inspectors'nderstanding

of

NHPC's bases

for not initially reporting the condition described

in the Unit

1

Licensee

Event Report

(LER) 95-05, "Building Blowout Panels

Outside the Design

Basis

Because of Construction Error" when first identified in October

1993.

The inspection

was directed toward areas

important to public health

and

safety.

The areas

examined during this inspection

focused

on concerns

identified during the review of LER 95-05,

dated

November 30,

1995.

Within

these

areas,

the inspection consisted of selected

examinations of design

calculations,

relevant procedures,

representative

records,

installed

equipment,

and personnel

interviews.

Based

on the results of this inspection,

four apparent violations were

identified and are being considered for escalated

enforcement

action in

accordance

with the "General

Statement of Policy and Procedure for NRC

Enforcement Actions" (Enforcement Policy),

NUREG-1600.

From initial

operations,

December

1969, to March 1995,

a safety vulnerability existed,

in

that the reactor

and turbine building blowout panels

would not have relieved

until

a pressure

in excess of the structural

design pressure for the

buildings.

NHPC resolution of the issue from October

1993,

when identified,

to March 1995,

was weak in establishing,

understanding,

and evaluating the

safety design. basis for the reactor

and turbine building internal

pressure

relieving systems.

The apparently

weak safety assessment,

coupled with design

control deficiencies

involving a calculation error

and inadequate

design

review of that calculation,

and

an apparent failure to follow the Deficiency

Event Reporting

(DER) procedure,

led to the untimely resolution of this safety

'F604080088

96032'7

PDR

ADOCK 05000220

8

PDR

IE01

0

l

B. Ralph Sylvia

3

it

In accordance

with 10 CFR 2.790 of the NRC's "Rules of Practice,"

a copy of

this letter and its enclosure will be placed in the

NRC Public Document

Room.

Sincerely,

ORIGINAL SIGNED BY:

R. Gallo for:

Richard

W. Cooper, II, Director

Division of Reactor Projects

Docket No.

License

No.

50-220,

50-410

DPR-63,

NPF-69

Enclosure:

l.

2.

3.

NRC Special

Inspection

Report

Nos. 50-220/96-05

and

50-410/96-05

NRC Staff guestions

Pertainin'g to the Design

and Licensing

Bases for the Reactor Building Blowout Panels

(Enforcement Policy:

Section

V, "Predecisional

Enforcement

Conferences" )

cc w/enclosures:

R. Abbott, Vice President

and General

Manager

Nuclear

C. Terry, Vice President

Nuclear Engineering

M. McCormick, Vice President

Safety Assessment

and Support

N. Rademacher,

Unit

1 Plant Manager

D. Wolniak, Manager,

Licensing

J.

Warden,

New York Consumer Protection

Branch

G. Wilson, Senior Attorney

M. Wetterhahn,

Winston and Strawn

Director,

Energy

& Water Division, Department of Public Service,

State of New York

C. Donaldson,

Esquire, Assistant Attorney General,

New York

Department of Law

J. Spath,

President,

New York State

Energy Research

and Development Authority

0

0

B. Ralph Sylvia

problem.

Although this problem was eventually reported to the

NRC, the

LER

does not adequately

address

the safety significance of the potential for

challenges

to the buildings'nternal

pressure

relieving system for the time

period from December

1969 to March 1995.

Based

on these

concerns

the

NRC

identified apparent violations in the areas of design control,

10 CFR.50.59

safety evaluations,

reportability,

and procedural

compliance.

Accordingly, no

Notice of Violation is presently

being issued for these

inspection findings.

In addition,

be advised that the number

and characterization

of apparent

violations described

in the enclosed

inspection report

may change

as

a result

of further

NRC review.

While the

NRC staff has not identified any immediate

safety concerns with your calculations that support the

1995 modifications to

the fasteners

used to hold the blowout panels

in place;

we are performing

a

confirmatory independent

review of these calculations.

A predecisional

enforcement

conference

to discuss

these

apparent violations

has

been scheduled for April 12,

1996, in.the

NRC Region I office.

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 appar ent violations

sooner,

corrective actions,

significance of the issues,

and the need for

lasting

and effective corrective action.

In particular,

we expect you to

address

the items described

in the Executive

Summary of the report

and the

design

and licens'ing bases

questions identified by the

NRC staff in

Enclosure

2.

With respect to Enclosure

2, you should

be prepared

at the

conference

to address

when written answers to the questions will be submitted

to NRC.

In addition, 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 severity of the apparent violations,

(2) the

application of the factors that the

NRC considers

when it determines

the

amount of a 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 3).

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 these

apparent violations

is required at this time.

0

0

'

B. Ralph Sylvia

Distribution w/encl:

D. Screnci,

PAO

Region I Docket

Room (with concurrences)

Nuclea} Safety Information Center

(NSIC),

PUBLIC'RC

Resident

Inspector

- R. Conte,

DRP

H. Eichenholz,

DRP

C. O'Daniell,

DRP

M. Hodes,

DRS

J. Joustra,

ORA

J.

Lieberman,

OE (2 Copies)

Distribution w/encl:

(VIA E-MAIL)

M. Dean

OEDO

B. Norris Nine Mile Point

S.

Shankman,

NRR

D. Hood,

NRR

M. Campion,

ORA

Inspection

Program Branch,

NRR (IPAS)

D. Holody ORA

G. Tracy,

NRR

M. Davis,

NRR

J.

Gray,

OE

F. Davis,

OGC

A. Nicosia,

OGC

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