ML17331B403

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Informs of NRC Staff Decision to Exercise Discretion Not to Enforce Compliance W/Required Actions in TS 4.6.1.2.d That Requires Type B & C Leak Rate Tests Be Performed at Interval Less than 24 Months
ML17331B403
Person / Time
Site: Cook American Electric Power icon.png
Issue date: 05/26/1994
From: Zwolinski J
Office of Nuclear Reactor Regulation
To: Fitzpatrick E
INDIANA MICHIGAN POWER CO.
References
NOED-94-6-008, NOED-94-6-8, TAC-M89025, NUDOCS 9406030164
Download: ML17331B403 (3)


Text

locket No. 50-316 HOED-94-6-008 May 26, 1994 Hr.

E.

E. Fitzpatrick, Vice President Indiana Michigan Power Company c/o American Electric Power Service Corporation 1 Riverside Plaza

Columbus, Ohio 43215 DISTRIBUTION Docket File NRC

& LPDRs WRussell FMiraglia LReyes AThadani JRoe JZwolinski LHarsh JLieberman WKropp/RIII OPA CGrimes JHickman CJamerson RBarrett EJordan ACRS (10)

OGC HThadani EGreenman DHagan PD3-1 Rdg GHill (2)

OC/LFDCB

Dear Mr. Fitzpatrick:

SUBJECT:

NOTICE OF ENFORCEMENT DISCRETION FOR INDIANA MICHIGAN POWER COMPANY REGARDING D.

C.

COOK UNIT 2 (TAC NO. 89025)

By letter dated Hay 25,

1994, you requested the U.S. Nuclear Regulatory Commission (NRC) to exercise its discretion not to enforce compliance with the required actions in Technical Specification (TS) 4.6. 1.2.d.

TS 4.6. 1.2.d requires that Type B and C leak rate tests be performed at an interval no greater than 24 months.

On March 9,

1994, you had submitted a request for an amendment to TS 4.6. 1.2.d and an exemption to 10 CFR Part 50, Appendix J to extend the interval for the leak rate tests.

On Hay 20,

1994, you were informed by the staff that the requested amendment could not be issued prior to the end of the testing interval due to an unanticipated delay in the publication of the Federal Re ister notice for the amendment.

The requested exemption was issued on Hay 24, 1994.

In your Hay 25, 1994, request, you provided a justification that summarized the previous submittals supporting the 150-day extension in the exemption and amendment request and concluded that the 3-day exercise of enforcement discretion would have no safety significance.

On the basis of our review of your justification, the staff has concluded that this course of action involves minimum or no safety impact, and we are clearly satisfied that this exercise of enforcement discretion is warranted from a public health and safety perspective.

Therefore, it is our intention to exercise discretion not to enforce compliance with TS 4.6. 1.2.d for the period from Hay 30,

1994, through June 1,

1994.

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E. Fitzpatrick Indiana Michigan Power Company CC:

Regional Administrator, Region III U.S. Nuclear Regulatory Commission 801 Warrenville Road Lisle, Illinois 60532-4351 Attorney General.

Department of Attorney General 525 West Ottawa Street

Lansing, Michigan 48913 Township Supervisor Lake Township Hall Post Office Box 818 Bridgman, Michigan 49106 Al Blind, Plant Manager Donald C.

Cook Nuclear Plant Post Office Box 458 Bridgman, Michigan 49106 U.S. Nuclear Regulatory Commission Resident Inspector Office 7700 Red Arrow Highway Stevensville, Michigan 49127 Gerald Charnoff, Esquire

Shaw, Pittman, Potts and Trowbridge 2300 N Street, N.

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Washington, DC 20037 Mayor, City of Bridgman Post Office Box 366 Bridgman, Michigan 49106 Special Assistant to the Governor Room 1

State Capitol

Lansing, Michigan 48909 Nuclear Facilities and Environmental Monitoring Section Office..

Division of Radiological Health Department of Public Health 3423 N.

Logan Street P. 0, Box 30195

Lansing, Michigan 48909 Donald C.

Cook Nuclear Plant Mr. S.

Brewer American Electric Power Service Corporation 1 Riverside Plaza

Columbus, Ohio 43215 Dccembcr 1993