ML18038A698

Responds to NRC 870402 Ltr Re Violations Noted in Insp Rept 50-410/87-02.Corrective Actions:Procedure NEL-029 for Evaluating & Reporting Deficiencies & Defects Revised

ML18038A698
Person / Time
Site:	Nine Mile Point
Issue date:	05/04/1987
From:	Mangan C NIAGARA MOHAWK POWER CORP.
To:	NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
References
(NMP2L-1032), NUDOCS 8705080176
Download: ML18038A698 (14)

Text

REGULATORY INFORNATION DISTRIBUTION SYSTEN (R IDS)

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.CESSION B. 05C3C-176 DOC. DA"; 'C .'O'jOTAj->>ED: No IL: 50-410 Nine Nile Point Nuclear Stations Unit 2> Niagara

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¹ UTH. RANE AUTHOR AFF I LIAT IGNI

'AGAN> C. V. Niagara Nohaeh Pouer Corp.

CIP. NANE RECIPIENT AFFILIATION Document Control Branch (Document Contro 1 Desj )

SUBJECT:

Responds to NRC 870402 ltr re violations actions:Procedure noted in Insp Rept NEL-029 +or 50-410/87-02. Corrective j evaluating Zc reporting defiiciencies 8c defects revised.

f, 'DISTRISUTIDN TITLE: General CODE:

(50 IEDID CDPIES RFCEIVED: LTR Dkt)-Insp Rept/Notice of Violation L ENCL I SIZE:

Response

NOTES:

REC IP I ENT COPIES RECIPIENT COPIES ID CODE/NANE 'LTTR ENCL ID CODE/NANE LTTR E4CL PD1-1 L* 1 0 PD1-1 PD 1 HAUGHEY> N NINER> S 2 2 INTERNAL: ACRS 2 AEOD 1 1 DEDRO 1 ENF LIEBERNAN 1 1 NRR ROE N. L 1 NRR/DOE* DIR 1, 1 NRR/DREP/EPB 1 NRR/DREP/RPB 2 2 NRR/DRIS DIR 1 N MRNA RB 1 1 OGC/HDS1 1 G FILE 1 1 RES SPEIS T 1 E 01 1 f NAL: LPD> hjRC PDR NSIC TOTAL NUl')BER OF COPIES REQUIRED: LTTR 25 ENCL 24

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'f% u MOHAWK NIAGARAMOHAWKPOWER CORPORATION/301 PLAINFIELDROAD, SYRACUSE, N,Y. 13212/TELEPHONE (315) 474-1511 May 4, 1987 (NMP2L 1032)

U.S. Nuclear Regulatory Commission Attn: Document Control Desk Hashington, D.C. 20555 Re: Nine Mile Point Unit 2 Docket No. 50-410 Gentlemen:

Attached is Niagara Mohawk's response to the Notice of Violation contained in Inspection Report No. 50-410/87-02 dated April 2, 1987.

Very truly yours, NIAGARA MOHANK PONER CORPORATION C. V. Mangan Senior Vice President PEF/pns 3038G Attachment xc: Regional Administrator, Region I Mr. R. A. Capra, Director Mr. W. A. Cook, Resident Inspector Project File (2) 8705080176 870504 PDR ADOCK 05000410 8 PDR

NIAGARA MOHAWK POHER CORPORATION NINE MILE POINT UNIT 2 DOCKET NO. 50-410 RESPONSE TO NOTICE OF VIOLATION 50-410/87-02-01 Violation 50-410/87-02-01 As a result of the inspection conducted on January 4, 1987, to March 1, 1987, and in accordance with NRC Enforcement Policy (10 CFR Part 2, Appendix C) the following violation was identified:

10 CFR 21.21 (b) (2) requires, in part, that a director or responsible officer or a designated person shall notify the Commission when he obtains information reasonably indicating a failure to comply or a defect which could create a substantial safety hazard, within two days following receipt of the information. If the initial notification is by means other than written communication, a written report shall be submitted within 5 days after the information is obtained.

Contrary to the above, the Commission was not notified within five days of a determination made on January 23, 1987, that the loss of heating for the Standby Gas Treatment System was a defect which could create a substantial safety hazard.

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I. ~Res >onse Niagara Mohawk believes that there was no violation of NRC requirements associated with the reporting of information relating to loss of heating for the Standby Gas Treatment System. Representatives of Niagara Mohawk have discussed this matter with NRC Region I in order to obtain a clearer understanding of the specific violation alleged and to accommodate the NRC in the future. Based upon this discussion, it is the Licensee's understanding that the NRC has further defined its position regarding the alleged violation. The NRC is now of the view that the requirements of Part 21 were not met because the Licensee Event Report did not specify the "safety hazard which is created or could be created by such defect or failure to comply." This purported deficiency is not encompassed by the statement of the Notice of Violation whose thrust is the timing of a Part 21 report of a defect.

In any event, Niagara Mohawk's position is that it may rely on a notification to the NRC made pursuant to a regulation or license

-requirement to fulfill 10 CFR Part 21 requirements for a matter which is subsequently determined to be reportable under that regulations 10 CFR Section 21.21 states that an explicit notification "is not required if such (responsible) individual has actual knowledge that the Commission has been adequately informed of such defect or such failure to comply." Nhile the term "adequately informed" is not defined, the information needed to fulfill that requirement is clearly circumscribed by the information required to be reported under Section 21.21(b)(3).

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Block 1I of LER 86-16 and the transmittal letter clearly identify the potential loss of heaters for the SGTS as an event which could have prevented the fulfillment of the safety function of structures or systems that are needed to control the release of radioactive material. This description combined with the description of the defect contained in the LER was sufficient to fulfill the requirement that the safety hazard be identified.

Niagara Mohawk recognizes, however, that the NRC has legitimate policy reasons for having a condition determined reportable pursuant to 10 CFR Part 21 administratively distinguished from a condition reported in a Licensee Event Report ("LER") or other means and uniquely identified as such. Therefore, Niagara Mohawk has revised its procedure for evaluating and reporting deficiencies and defec'ts (as further discussed in the corrective action section below) to notify the NRC if a condition previously reported has subsequently been determined to be a substantial safety hazard and to assure that all required information is provided.

2. Corrective Action In order to assure a consistent interpretation with that given by the Commission and to avoid future misunderstandings, Niagara Mohawk's procedure for evaluating and reporting deficiencies and defects, NEL-029,.

Notification Under 10 CFR 21, has been revised to:

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a 0 Specifically indicate that the Senior Vice President (Nuclear) or designee shall be informed of all conditions determined to be a substantial safety hazard within one working day of'he determination (regardless of whether the condition has been reported to the NRC by some other means) and document the notification on the form provided in the procedure.

b. Require that the two (2) and five (5) day notification to the NRC be performed for all conditions determined to be a substantial safety hazard even if it has been previously reported to the NRC but not in accordance with 10CFR Part 21.

In addition to the above, the procedure (NEL-029) has been revised to:

1) indicate that the Superintendent-Operations of the affected plant is informed of the potential defect, deviation or failure to comply, and

2) clarify that the written report is required to be submitted to the appropriate Regional Office within five (5) calendar days after the determination is made that a substantial safety hazard exists.

For the specific condition cited in Violation 50-410/87-02-01, Niagara Mohawk made the verbal notification that the condition was a substantial safety hazard to the NRC's Region I office on February 27, 1987. A written report indicating that the condition was a substantial safety hazard was submitted on March 4, 1987.

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3. Date Hhen Full Com liance Hill Be Achieved As previously indicated, verbal notification to the NRC for the condition involving the loss of heating for the Standby Gas Treatment System was made on February 27, 1987, followed by a written report on March 4, 1987.

The Procedure NEL 029, Notification Under 10 CFR 21, was revised and issued on April 10, 1987. Niagara Mohawk has already begun implementing the requirements of the procedure.

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