ML17059B779

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Forwards Insp Repts 50-220/97-07 & 50-410/97-07 on 970810- 1004 & Notice of Violation Re Failure to Conduct Two Separate TS Required Surveillance Tests
ML17059B779
Person / Time
Site: Nine Mile Point  
Issue date: 11/28/1997
From: Hehl C
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To: Sylvia R
NIAGARA MOHAWK POWER CORP.
Shared Package
ML17059B780 List:
References
50-220-97-07, 50-220-97-7, 50-410-97-07, 50-410-97-7, EA-97-530, NUDOCS 9712090004
Download: ML17059B779 (10)


See also: IR 05000220/1997007

Text

CATEGORY 2

REGULATORY INFORMATION DISTRIBUTION SYSTEM (RIDS)

ACCESSION NBR:9712090004

DOC.DATE: 97/11/28

NOTARIZED: NO

FACIL:50-220 Nine Mile Point Nuclear Station, Unit 1, Niagara

Powe

50-410 Nine Mile Point Nuclear Station, Unit 2, Niagara

Moha

AUTH.NAME

AUTHOR AFFILIATION

HEHL,C.W.

Region

1 (Post

820201)

RECIP.NAME

RECIPIENT AFFILIATION

'YLVIA,R.

Niagara

Mohawk Power Corp.

SUBJECT: Forwards insp repts

50-220/97-07

& 50-410/97-07

on 970810-

1004

6 notice of violation re failure to conduct

two

separate

TS required surveillance tests.

DISTRIBUTION CODE: IE01F

COPIES

RECEIVED:LTR /

ENCL

SIZE:

TITLE: General

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

NOTES:

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05000220

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NOTE TO ALL "RIDS" RECZPZENTS:

PLEASE HELP US TO REDUCE WASTE. TO HAVE YOUR NAME OR ORGANIZATION REMOVED FROM DZSTRZBUTION LISTS

OR REDUCE THE NUMBER OF COPIES RECEIVED BY YOU OR YOUR ORGANIZATION, CONTACT THE DOCUMENT CONTROL

DESK

(DCD)

ON EXTENSION 415-2083

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November

28,

1997

EA 97-530

Mr. B. Ralph Sylvia

Executive Vice President

and Chief Nuclear Officer

Niagara Mohawk Power Corporation (NMPC)

Nuclear Learning Center

450 Lake Road

Oswego, NY 13126

SUBJECT:

NRC INSPECTION REPORT NOS. 50-220/97-07AND 50-410/97-07

AND NOTICE OF VIOLATION

Dear Mr. Sylvia;

This report transmits the findings of safety inspections conducted by NRC inspectors at the

Nine Mile Point Nuclear Station, Units

1 and 2, from August 10, through October 4, 1997.

At the conclusion of the inspection, the findings were discussed with you and members of

your staff. We are providing one integrated report for the inspections conducted during

this period in order to better consolidate our findings into a consistent regulatory message

and more clearly communicate how these findings may reflect a change in your

performance.

During this period, your staff operated both units safely.

The questioning attitude of your

staff that led to the identification of tube leaks in all four Nine Mile Point Unit 1 (NMP1)

emergency cooling condensers

was good.

During the ensuing reactor shutdown, the

NMP1 operators'se

of alarm response

procedures, three-part communications, and

self/peer checking were noticeably improved.

We also found good performance in the

radiation protection area.

However, based on the results of the inspections, the NRC has determined that a violation

of NRC requirements occurred.

The violation is cited in the enclosed Notice of Violation

(Notice), and the details surrounding it are described in the enclosed inspection report.

Specifically, the violation involved the failure to conduct two separate technical

specification required surveillance tests.

Although your staff identified both instances, the

violations are being cited because

NMPC's actions to date to prevent missed surveillances

have been ineffective.

You are required to respond to this letter and should follow the

instructions specified in the enclosed Notice when preparing your response.

The NRC will

use your response,

in part, to determine whether further enforcement action is necessary

to ensure compliance with regulatory requirements.

In addition, apparent violations were identified related to transportation of radioactive

material and the radioactive waste (radwaste) program 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. Specifically,

'l

97i2090004 97ii28

PDR

ADOCK 05000220

8

PDR

""FICIAL RECORD

COPY

IE: 01

't

B. Ralph Sylvia

the apparent violations involve:

(1) the shipment of a sample of the NMP1 core shroud

caused the radiation levels in the occupied space of the vehicle to exceed federal limits; (2)

the shipment of a wrong liner of NMP2 radioactive material; (3) the two shipments (1995

and 1997) of radioactive material to a facility not licensed to receive the material; (4) the

failure to maintain the Radwaste Process Control Programs current; (5) the failure to

conduct audits of vendors supplying radwaste services and equipment; and (6) the failure

to identify and correct the deficiencies within the radwaste program.

Accordingly, no

Notice of Violation is presently being issued for these inspection findings.

In addition, be

advised that the characterization

and number of apparent violations described in the

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

A predecisional enforcement conference to discuss these apparent violations has been

scheduled for December 19, 1997, at the NRC's Region

I office in King of Prussia,

Pennsylvania.

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 violations sooner, corrective actions,

significance of the issues, and the need for lasting and effective corrective action.

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 perspective

on (1) the severity of the

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 Vll. You will be. advised

under a separate

correspondence

of the results of our deliberations on this matter.

No

response

regarding these apparent violation is required at this time,

Also, you are also requested to provide, within 30 days of the receipt of the letter which

transmits this inspection report, your plan of action regarding the NMP1 concentrated

waste tank ¹11.

Our inspections identified that this tank continues to store concentrated

waste, at least 17 years after the associated

system was taken out of service.

Your

response

is expected to provide either a safety evaluation to support the current

configuration or a commitment to remediate the current condition.

The responses

directed by this letter and the enclosed Notice are not subject to the

clearance procedures of the Office of Management and Budget as required by the

Paperwork Reduction Act of 1980, Pub. L. No. 96.511.

B. Ralph Sylvia

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:

Charles W. Hehl, Director

Division of Reactor Projects

Docket Nos.

License Nos.

50-220, 50-410

DPR-63, NPF-69

Enclosures:

1.

Notice of Violation

2.

NRC Inspection Report Nos. 50-220/97-07 and 50-410/97-07

cc w/enclosures:

R. Abbott, Vice President 5 General Manager - Nuclear

C. Terry, Vice President- Safety Assessment

and Support

J. Conway, Vice President - Nuclear Engineering

K. Dahlberg, Vice President - Nuclear Operations

D. Wolniak, Manager, Licensing

J. Warden, New York Consumer Protection Branch

G. Wilson, Senior Attorney

M. Wetterhahn, Winston and Strawn

J. Rettberg, New York State Electric and Gas Corporation

P. Eddy, Director, Electric Division, Department of Public Service, State

of New York

C. Donaldson, Esquire, Assistant Attorney General, New York Department of Law

J. Vinquist, MATS, Inc.

F. Valentino, President, New York State Energy Research

and Development Authority

J. Spath, Program Director, New York State Energy Research

and Development Authority

B. Ralph Sylvia

Distribution w/encls:

H. Miller, RA/W. Axelson, DRA (1)

Region

I Docket Room (with concurrences)

Nuclear Safety Information Center (NSIC)

PUBLIC

NRC Resident Inspector

L. Doerflein, DRP

T. Moslak, DRP

R. Junod, DRP

Distribution w/encls:

(VIAE-MAIL)

K. Kennedy, Rl EDO Coordinator

R. Zimmerman, ADPR, NRR

J.

Goldberg, OGC

J.

Lieberman, OE (OEIVIAIL)

D. Holody, EO, Rl

T. Walker, SES

B. Norris - Nine Mile Point

S. Bajwa, NRR

D. Hood, NRR

M. Campion, Rl

Inspection Program Branch (IPAS)

R. Correia, NRR

F. Talbot, NRR

DOCDESK

DOCUMENT NAME: G:iBRANCH1iNMIR9707.INS

To receive a copy of this document, indicate in the box: "C" = Copy without attachment/enclosure

Copy with attachment/enclosure

"N" = No copy

OFF ICE

RI/DRP

RI/DRP

RI/DRS

RI/DRP

SNorris

LDoerflein

JWhite

5'i

C

CHehl

DATE

11/24/97

11/a< /97

11/~ /97

OFFICIAL RECORD

COPY

11/4

/97