ML17319B665

Responds to 821014 Order Imposing Civil Monetary Penalties. Funds for Fines Re Items I.G,I.H,I.I,Ii.A & Ii.B Encl. Requests Reconsideration of Fine Re Item I.I

ML17319B665
Person / Time
Site:	Cook
Issue date:	11/12/1982
From:	Hunter R INDIANA MICHIGAN POWER CO. (FORMERLY INDIANA & MICHIG
To:	Deyoung R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
References
AEP:NRC:0660E, AEP:NRC:660E, NUDOCS 8211190273
Download: ML17319B665 (24)

Text

INDIANA II MICHIGAN ELECTRIC COMPANY P. O. BOX 18 BOWLING GREEN STATION NEW YORK, N. Y 10004

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YES PIXg CgPg November 12, 1982 AEP:NRC:0660E Donald C.Cook Nuclear Plant Unit Nos. 1 and 2 Docket Nos. 50-315 and 50-316 License Nos. DPR-58 and DPR-74 ORDER IMPOSING CIVIL MONETARY PENALTIES Mr. Richard C. DeYoung, Director Office of Inspection and Enforcement U. S. Nuclear Regulatory Commission Washington, D. C. 20555

Dear Mr. DeYoung:

We have received your letter of October 14, 1982, with its enclosed Order Imposing Civil Monetary Penalties.

We appreciate the consideration you have given to our Response of March 1, 1982, and your consequent determination to withdraw the proposed civil penalties for Items I.A through I.F set out in your Notice of Proposed Imposition of Civil Penalties, dated December 30, 1981.

For the reasons set out in our March 1, 1982, Response, we take issue with the fines proposed for Items I.G, I.H, I.I, II.A and II.B. Nevertheless, rather than proceed with any extended debate over past, events, we are enclosing herewith a check in the amount of

$ 52,000.00 covering your imposed fines for the events.

While we are not requesting a hearing with respect to your imposed fine concerning Item I.I, we respectfully request you to reconsider your determination in this single matter.

While there may well have been an honest misunderstanding of the distinction we made in our January 31, 1977 letter between "administrative measures" and "administrative procedures", it remains our view that the submittal was not false.

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The January 31, 1977 Response in question stated (a) In re 1 to Section B.2 of BTP 9.5-1:

"Administrative measures have been established to control the storage of combustible materials and to prohibit their storage in the vicinity of safety related systems. These measures basically conform to the guidance provided in Regulatory Guide 1.39." (emphasis supplied.)

(b) In re 1 to Section B.3(c) of BTP 9.5-1:

"Administrative rocedures, will be established to control the use of combustible materials within any safety related areas. These materials must be used immediately when brought into a safety related area and their use will be limited and controlled." (emphasis supplied.)

Our letter of January 31, 1977, also said the,"procedures" would be effective as of July 31, 1977; it commitment was met on July 28, 1977.

is uncontroverted that this We are attaching with this letter (a) the requirement in Section B.2 of Appendix A to Branch Technical Position APSCB 9.5-1, which required the implementation of "administrative measures" to accommodate the "Housekeeping Requirement" of Regulatory Guide 1.39 referenced there (Section B.2), and (b) our "Housekeeping/Plant Cleanliness" instructions, which were in effect as of January 31, 1977.

We are also attaching (c) the requirement in Section B.3.(c) of Appendix A to BTP 9.5-1 and (d) a copy of our formal procedures, "Control of Combustible Materials," which ware in effect as of July 28, 1977, as we committed on January 31, 1977. We believed that

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(b) fulfilled the intent of the Housekeeping "measure" required in Attachment (a) . Similarly Attachment (d) complied with the requirement of Attachment (c).

We are confident that your review of these enclosures, along with your reconsideration of our Response of March 1, 1982, will convince you that, at most, your inspectors may disagree with the adequacy of our "administrative measures," but that there is no basis at all for characterizing the January 31, 1977, submittal as false, and certainly it was not a material false statement.

It is to preserve this important distinction that we request reconsideration of this matter. If you personally continue to conclude that, indeed, this was a false statement, we will place this matter behind us.

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This document has been prepared following Corporate Procedures which incorporate a reasonable set of controls to insure its accuracy and completeness prior to signature by the undersigned.

Very truly yours,

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/os Vice President cc'John E. Dolan - Columbus H. P. Alexich R. W. Jurgensen W. G. Smith, Jr. - Bridgman R. C. Callen G. Charnoff Joe Williams, Jr.

NRC Resident Inspector at Cook Plant Bridgman

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Attachments A and C APPLICATION DOCKETED BUT CONSTRUCTION PLANTS UNDER CONSTRUCTION AhD PER.'IIT NOT RECEIVED AS OF 7/I/76 OPERATING PLANTS 7.

The fire protection program for an Schedule for implementation of ent:ire reactox unit: should be fully modifications, if any, will be operational prior to initial fuel established on a case-by-case loading in that reactor unit. basis.

8. 8. Hulti le-Reactor Sites On multiple-reactor sites where there are operating reactors and construction of remaining units is being completed, the fire protection program should provide continuing evaluation and include additional fire barriers, fire protection capability, and administrative controls necessary to protect: the operating units from construction fixe hazards. The superintendent of. t: he operating plant should have the lead responsibility for site fixe protection.

9. Simultaneous Fires 9. Simultaneous Fires Simultaneous fires in more than one SAIfE reactor need not be postulated, where

<. sopaxation requirements are met. A fire involving more than one reactor unit need not be postulated except ior facilities shared between units.

B. Administrative Procedures, Controls and B. Administrative Procedures Pire Bri ade Controls and Fire Bri ade Administrative procedures consistent SAI fE with the need for maint:aining the per'-

formance of t: he fire protection system and personnel in nuclear power plants should be provided.

Guidance is contained in tfie following publica tions:

NFPA 4 Organization for Fire Services

AI'PLICATION DOCKETED BUT CONSTRUCTION PLANTS UNDER CONSTRUCTION AND PERiIIT NOT RECEIVED AS OF 7/1/76 OPERATING PIANTS Nl'I'A 4A - Organization for Fire Department NFPA 6. Industrial Fire Loss Prevention NFPA 7 - Management of Fire Emergenci.es NFPA 8 >fanagement Responsibility for Effects of Fire on Operations NFPA 27 Private Fire Brigades

2. Effective administrative measures 2. SAME should be implemented to prohibit hulk storage of combustible materials inside oi adjacent to safety related buildings or systems during operation or maintenance periods. Regulatory Guide 1.39, "Housekeeping Require-ment" for Water-Cooled Nuclear Power

'lants", provides guidance on house-keeping, including the disposal of combustible materials.

3. Normal and abnormal conditions or other 3. SAME.

anticipated operations such as modi-fications (e.g., breaking fire st'ops, impairment of "fire detection and suppression systems) and refueling activities should be reviewed by appropriate levels of management and appropriate special actions and procedures such as fixe watches or temporary fire barriers implemented to assure adequate fire protection and reactor. safety. Xn particular:

(a) Work involving ignition sources such as welding and flame cutting should be done under closely controlled conditions. Procedures governing such work should be re-viewed and approved by persons

G ADI'LICATION DOCKETED1'OVETKUCTIOH~ PLANTS ER COIXSTRUCTXON AND PERlfXT NOT RFCEXVED AS OF 7/1/76 OPEFNTXNG PLANTS trained and experienced in fire protection. Persons performing and directly assisting in such work should be trained and equipped to prevent and combat fires. Xf this is not possible, a person qualified in fire pro-tection should directly monitor the work and function as a fixe watch.

(b) Leak testing, and similar pro-cedures such as air flow deter- .

mination, should use one of the commercially available aeresol techniques. Open flames or combustion generated smoke should not. be permitted.

(c) Use of combustible material, e.g.,

.lfEPA and charcoal filters, dry ion exchange resins or other

,combustible supplies, in safety related areas should'be con-trolled. Use of wood inside buildings containing safety related systems or equipment

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should be per'mitted only, when suitable non-combustible sub-stitutes are not available. Xf wood must be used, only fire retardant treated wood (scaffolding lay down blocks) should be per-mitted. Such mat:erials should be allowed into safety related areas only when they are to be used immediately. Their possible and probable use should be con-sidered in the fire hazard analysis

'to determine the adequacy of the installed fire protection systems.

4. Nu'clear power plants are frequently 4. Sax located in remote a'reas, at some distance from public fire departments.

Also, first response'fire departments are often volunteer. Public fire department response should be con-

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DO~'iALD C. COOK i~)UCLEAR PLANi PLANr h~ANAGER iNs:ri<UCiiON COVER SH""":r "ht tachment 8 Instruction No. I'i'll 2090 Revision No. 1 ff r; E )lousek epii;g/Plant Cleanl iness

': O."E OF REVISION Rev. 1 Changed format to coini)ly }!ith PilI-2010 Rev. 5.

Deleted reference Lo conti'act cleaners.

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Added responsibility for inspection of Contaillm nt and balance of plant.

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SAf. ETY COHtvllTTFE ',';3 U ~'<<-~:h~~.<., ~H~>,.Jg, AEI'SC NUCLEAR SAFE'I Y DESIGN ftEVII'W COIv1MI1 TEE rLANT;;ANAGER APPROVAI (yjjjlj DA'I'Ir I r OF ISSL3E Io /t'jl

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LIST OF EFFECTl'VE PRGES Pa e Number Revision Hum6er and Date Re'v. 1 Rev. 1 Rev. 1 Page 1 Rev. 1

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p ~, (i 0 . INDIANA 5 t'lICHIGAN PO!fEf1 COf1PANY DONALD C. COOYi NUCLEAR PLAIlT

SUBJECT:

Housekeeping/Plant Cleanliness FROl'1 Plant t1anager TO: Department Heads OBJECTIVE To establish the policy and administrative controls for housekeeping and plant cleanliness. BACYGROUND ANSI N45.2.3-1973 requires that housekeeping policies be established for all phase" of p<<".~t a" t".v ti s. Indiana 8 hicl;igan Power Company Safety t1anual Section G.9 established basic housekeeping policies for all of its organizations. DETAILS The plant shall be maintained clean at all times. Cleanliness is a prerequisite to efficient and safe ope. ation. The following are general levels of cleanliness which will be maintained: Containment/Auxiliary Building a) Refueling Cavities: Follow cleanup procedures (for (Any lined cavity used for lined portions only) outlined in storage of fuel or borated water) PO-020-200 Rev. 1. "Nuclear Systems General Flushing and Cleaning" procedures prior to flooding cavity for refueling. b) Painted concrete surfaces: Remove excess dust, dirt, grime and debris until the surface is visibly clean and dry. c) Unpainted concrete surfaces: Same as painted surface. d) Electrical cable trays: t1aintain free of excess wire, debris paper, wood chips. e), Plant equipment (exterior of Outside surfaces should be free- of equipment, supports; cranes, etc.) dirt, grime, grease and dry, consistent with the normal operating condition of the equipment. I Page 1 Rev. 1

                                                                 'I'I I -EUPV General cleaning throughout the      plant will  be performed by Utility  men.

Qc& First line supervisors are responsible for insuring that the conditions existing in an area are satisfactory for conducting work prior to starting. (Reference - Safety thnual). If an area or piece of equipment needs to be enclosed to assure the surrounding atmosphere is not detrimental to the equipment or the equipment detrimental to the surrounding area, such actions shall be accomplished prior to starting work. The responsibility for cleaning the immediate surrounding area after work rests with the individuals performing the work..

               > Inspections of completed work by first line supervisors shall also include inspection of the surrounding area for cleanliness, for removal of tools and equipment used to perform the work, for removal of fire hazards and proper disposal of scrap material and oily rags.

RESPONSIBILITY A Department Heads are responsible for developing controls within their respecti ve departments to implement the requirements of this instruction. The Operations Supervisor is responsible for conducting cleanliness inspections of the containment as required by the Appendix A Technical Specifications Section 4.5,2.b.. The g'uality Assurance Supervisor is responsible for conducting monthly Housekeeping/Cleanliness inspections of the entire plant with th~ exception of the Contuir,'ment.. MANAGEtdENT REVIEN Department Heads and first line supervisors are responsible for monitoring activities under their control to assure cleanlines's. is being maintained. The In-Plant General Safety Corrmittee shall conduct cleanliness inspection of the plant as part of one of the a'uarterly safety observations they conduct. I INTERFACES All plant personnel are interfaced by this instruction, Cleanliness is the responsibility of all personnel as a part of their job. Page 2 Rev. 1

P)11-2090 DISTRIBUTION In accordance with the standard distribution list of PllI-2010. Chairman of In-Plant General Safety Committee. REPORTING The results of the In-Plant General Safety Committee and Quality Assurance Supervisor inspections shall be sent to the Plant thanager and all Department Heads. SCffEDUl. E Housekeeping and Cleanliness are continuing activities. Page 3 Rev. 1

\ INDI@ NAOl MICHIIGAH PQVlEOCQJ"IPAMY DONALD C. COOK NUCLEAR PLANT PLAINT MANAGER INSTRUCTION COVER SHEET Attachment D Instruction No. PMI 2p7] Revision No. TITLE CONTROL OF COMBUSTIBLE MATERIALS SCOPE OF REVISION flammable.e Rev. I: Revised requirements for storage of and combustib).e liquids. Hinor additions and editorial corrections made. Revised format. Revisions indicated by marginal markings. DCR APR Xo 1979 SIGN ATU RES ORIGINAL REV. I REV. 2 REV. 3 PREPARED BY AEPSC QUALITY ASS U RAN C E REV I EVl PLANT NUCLEAR SAFETY COMMITTEE n AEPSC NUCLEAR SAFETY DESIGN REVIEW COMMITTEE PLANT MANAGER 8c

                                               ~lA APPROVAL DATE OF ISSUE                    q zW-77 No. PM( tA / hi;, nCV.

~ w 0 ~ PHX-2271 LXST OF EFFECTEVE PAGES Pa e Number Revision Number and Date 1 Rev. 1, 3/20/79 2 Rev. 1, 3/20/79 3 Rev. 1, 3/20/79 4 Rev. 1, 3/20/79

                                                  .Page 1 of 1 Rev. 1, 3/20/79

~ ~ NDIANA & ifICHIGAN I PO'sx'ER COI iP DONALD CD~ COOK NUCLEAR PLANT TITLE Contxol of Conbnstible Hatexials OBJECTIVE To establish the administ'rative controls for the control of flammable and combustible materials used at the Donald C. Cook Nuclear Plant. e BACKGROKiD Appendix A to Branch Technical Position APCSB 9.5-1 "Guidelines for Fire Protection for Nuclear Power Plants Docketed Prior to July 1, 1976", requires in part that the use of combustible supplies in safety related areas be controlled. DETAILS This instruction is applicable to any flammable or combustible materials, liquids, or gases used in the Plant. Some restrictions apply only to safety related areas of the Pl.ant. For the purpose of this Instruction, safety related areas are the Containment and safety related equipment rooms (i.e., CTS, SI, RHR pump rooms) of the Auxiliary Building, and the 4KV switchgear rooms, cable vaults, cable tunnels, battery rooms and Emergency Diesel Generator rooms. The controls established for materials, liquids and gases are described following: Haterials Combustible materials such as ion exchange resins, wood, paper and cardboard, HEPA and charcoal filters, dry shall be controlled as follows:

1. HEPA and charcoal filters and dry ion exchange resins are normally replacement items that are stored when not in use. When replacing these items in safety related areas, only the amount that vill be used during the work shift should be brought into the area. Used filters and resins shall be removed from the safety related area when the work is completed and take'n to a suitable location (i.e., drumming room) for storage or disposal. Under no circumstances vill these items be left in the safety related area.

Page 1 Rev. 1, 3/20/79

2. Rag shall be removed from afety .ated areas at the completion of the work and taken to a suitab]e l,ocation for disposal.. Care shou],d be taken to prevent the accumulation of used rags in the safety related ax'ea while work is in px'ogress.

Rags used in non-safety related areas of the Plant shou].d not be al,lowed to accumulate where they might become a fire hazard.. Rags shoul.d be disposed of or properly stored.

3. Wood may be used for scaffolding in safety re]ated areas only when suitable noncombustible substitutes are not availabl.e. If wood must be used, only fire retardant treated wood (scaffolding; laydown blocks) will be permitted. Wood, when used, must be removed immediate3y after completion of its use from safety rel.ated areas.

It is permissible to use wood l.adders in safety re]ated axeas providing they are removed fo].3.owing completion of work+ Mood used in non-safety related areas of the Plant for scaffolding, laydown, temporary structures or other uses should be fire retardant treated. 1

4. Shipping crates or containers shou].d be removed from equipment or materia3. prior to'hose items being taken into a safety related area. If removal is not feasibl.e, it is permissibl.e to take these containers into a safety related area provided the containers are removed from the area as soon as uncrating is completed.

5. Paper, cardboard and other trash shal.l, not be l,eft to accumul.ate in safety re3ated areas.

Paper, cardboard and othex'rash shou],d not be left to accumu3.ate in non-safety rel,ated areas of the P].ant except in containers intended for the disposal. of such debris. used s Flammable and combustible ].iquids" such as acetone, alcoho]., fuel oil, gasoline or tuluol shal.l be control].ed as fol].ows: Flammable or combustible liquids shal.], onl.y be transported and stored in safety containers equipped with f],arne

          - -- - arres tors. This requirement does not app3 y to such
                  ].iquids as heavy weight oils which wi].l not pout. through the screen of a flame arx'estor.

Page 2 Rev. 1, 3/2Q/79

P>jI-2271 Flammable or combustible liquids in non-safety related areas shall be stored in a desi.gnated area'or safety cabinet and, when opened for use, transfered from shipping containers to safety containers with flame arrestors. Small quantities of liquids for use in shops, labs, etc., need not be stored in safety containers.

2. Flammable or combusti.ble liquids used in safety related area shall not be used or placed near heat or open flame. This restriction should also be observed in non-safety related areas.

3. Mien using flammable or combustible liquids in safety related areas a fire extinguisher shall be in the immediate area. This practice should be observed in non-safety related areas as well.

         ,Com   ressed Gases Compressed    gases           in portable tanks    such as oxygen, and flammable compressed      gases           such as acetylene,    or aerosol cans containing flammables shall be      controlled           as  follows:

1. The use of oxyacetylene torch equipment shall be in accordance with PHI-2275, Fire Prevention Control of Ignition Sources.'.

Leaking cylinders, valves, fittings or aerosol cans shall not be used.

3. Adequate ventilation must be available.

4, Upon completion of work, compressed gas containers or aerosol cans shall be removed from safety related areas.

5. Compressed gas cylinders, i.n use or in storage, sha].l be adequately secured in an upright position to prevent them from being accidentally tipped over.

RESPONSIBILITY Department Heads are rgsponsible for assuring that the policy and administrative controls established by this Instruction are implemented within their respective Departments. Department Heads are responsible for. assuring that new employees within their Department receive indoctrination in these requirements. This indoctrination shall be documented. Page 3 Rev. 1, 3/20/79

PMX-2271 The Plant Manager or the Assistant Plant Manager is responsible for resolving problems which arise during the implementation of this instruction. It is the responsibility of all Plant personnel to adhere to the requirements of this Instruction. MANAGEMENT REVIEW Department Heads axe responsible for reviewing the effectiveness of the implementation of the requirements of this Instruction within their respective Departments. INTERFACES All Departments are required to adhere'o this Xnstruction. DHX's to implement this Instruction are not required. DISTRIBUTION Per PMX-2010, and SOE Office. REPORTXNG There are no 'reports required by this Instruction. However, violations of this Instruction shall be reported via a Condition Report in accordance with PMX-7030. SCHEDULE This Instruction is effective on date of issue. Page 4 Rev. 1, 3/20/79

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