ML17061A112

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Withdrawal of Non-Cited Violation 05000286/2016002-02
ML17061A112
Person / Time
Site: Indian Point Entergy icon.png
Issue date: 03/02/2017
From: James Trapp
Division of Nuclear Materials Safety I
To: Vitale A
Entergy Nuclear Operations
Schroeder D
References
EA-16-223, IR 2016002
Download: ML17061A112 (3)


See also: IR 05000286/2016002

Text

A. Vitale

UNITED STATES

NUCLEAR REGULATORY COMMISSION

REGION I

2100 RENAISSANCE BLVD.

KING OF PRUSSIA, PA 19406-2713

March 2, 2017

EA-16-223

Mr. Anthony J. Vitale

Site Vice President

Entergy Nuclear Operations, Inc.

Indian Point Energy Center

450 Broadway, GSB

P.O. Box 249

Buchanan, NY 10511-0249

SUBJECT: WITHDRAWAL OF NON-CITED VIOLATION 05000286/2016002-02

Dear Mr. Vitale:

In your letter dated September 29, 2016 (ML16281A4861), you contested a Green non-cited

violation (NCV) that was documented in the Indian Point Entergy Center (Indian Point) 2016

second quarter integrated inspection report dated August 30, 2016 (ML16243A245). The NCV

was against 10 CFR 50, Appendix B, Criterion V, Instructions, Procedures, and Drawings, and

described a failure by Entergy Nuclear Operations (Entergy) to follow the operability process as

prescribed in Entergy procedures at Indian Point. Specifically, in March 2016, Entergy

identified actual or potential degradation of approximately 25 percent of the baffle-former bolts in

the Indian Point Unit 2 reactor vessel. A sufficient number of bolts are required to ensure proper

core flow during normal and postulated accident conditions, and also to ensure that control rods

can be inserted to shut down the reactor. Entergy performed a root cause evaluation and

replaced the degraded bolts. Entergy also performed an immediate operability determination for

Unit 3 in accordance with its procedure EN-OP-104, Operability Determination Process.

However, after concluding that no degraded condition existed on Unit 3, Entergy concluded that

a more detailed operability evaluation of that unit was not required. The NRC did not initially

agree with Entergys basis for this conclusion.

Your September 29, 2016, letter provided an interpretation of Entergy procedure EN-OP-104

related to the baffle-former bolt condition that was different from the NRCs position as

described in the inspection report, and requested that the violation be withdrawn. Your letter

stated, in part, Entergys determination that direct evidence of a degraded or non-conforming

condition was required to necessitate the performance of a full operability evaluation per your

procedure.

1

Designation in parentheses refers to an Agencywide Documents Access and Management System

(ADAMS) accession number. Documents referenced in this letter are publicly-available using the

accession number in ADAMS.

A. Vitale 2

In response to your letter, the NRC formed a panel to review the information you provided. The

staff members involved were independent of the initial inspection effort. Based on a thorough

review of the issue, the NRC has concluded that the violation as written cannot be supported.

Specifically, the independent review noted different steps within the procedure that could be

interpreted to either support or refute Entergys claim related to the need for direct evidence of a

degraded or non-conforming condition. As a result of this potential for differing interpretations of

your procedural requirements, the NRC has determined that it was not appropriate to issue a

violation for a failure to comply with the procedure. Therefore, the NCV is hereby withdrawn,

and we will modify our records accordingly.

The NRC acknowledges that the operability implications of operating experience on systems,

structures, and components requires judgment, especially in cases where direct inspection and

testing results are not readily available. Given the similarities between Unit 3 and Unit 2, and

other operating plants where degradation was observed, a technically adequate assessment

was warranted to affirm the presumption of operability of the emergency core cooling systems

capability to provide long-term core cooling. While the NRC has determined that your initial

assessment of this condition relied on assumptions that were not fully supported, an adequate

analysis was ultimately developed to provide reasonable assurance of operability for the

emergency core cooling system function until the next refueling outage when inspections could

be performed. As such, the NRC does not plan any additional action related to this issue.

As you are aware, on September 29, 2016, the Nuclear Energy Institute (NEI) provided the NRC

a letter related to this NCV (ML16274A473) which expressed the intention to clarify the

conditions/criteria for entry into the operability process. As stated in our response to NEI

(ML16293A951), the NRC staff looks forward to continued meaningful interactions with industry

and the public to help ensure necessary and appropriate clarity in operability determination

guidance.

This letter will be made available for public inspection and copying at

http://www.nrc.gov/readingrm/adams.html and at the NRC Public Document Room in

accordance with 10 CFR 2.390, Public Inspections, Exemptions, Requests for Withholding.

If you have any questions regarding this matter, please contact Mr. Daniel Schroeder at

(610) 337-5262.

Sincerely,

/RA/

James M. Trapp, Director

Division of Nuclear Materials Safety

Docket No. 50-286

License No. DPR-64

cc: Distribution via ListServ

A. Vitale 3

SUBJECT: WITHDRAWAL OF NON-CITED VIOLATION 05000286/2016002-02 DATED

MARCH 2, 2017

DISTRIBUTION: (via email)

DDorman, RA

DLew, DRA

MScott, DRP

DPelton, DRP

RLorson, DRS

JYerokun, DRS

TSetzer, DRP

BSmith, DRP

JSchussler, DRP

BHaagensen, DRP, SRI

SRich, DRP, RI

CSafouri, DRP, RI

DHochmuth, DRP, AA

JBowen, RI OEDO

RidsNrrPMIndianPoint Resource

RidsNrrDorlLpl1-1 Resource

JTrapp, DNMS

DSchroeder, DRP

MGray, DRS

DOCUMENT NAME: G:\DRP\BRANCH2\a - Indian Point\IP disputed NCV withdrawal letter final.docx

ADAMS Accession Number: ML17061A112

Non-Sensitive Publicly Available

SUNSI Review

Sensitive Non-Publicly Available

OFFICE RI/DRP RI/DRP RI/OE RI/ORA RI/DRP

NAME TSetzer DSchroeder BBickett BKlukan MScott

DATE 2/7/17 2/6/17 2/8/17 2/8/17 2/15/17

OFFICE RI/DRS RI/DNMS

NAME RLorson JTrapp

DATE 2/14/17 3/2/17

OFFICIAL RECORD COPY