ML19085A477

Confirmatory Order, EA-14-193, Closure Letter

ML19085A477
Person / Time
Site:	Monticello
Issue date:	03/26/2019
From:	Church C Northern States Power Company, Minnesota, Xcel Energy
To:	Darrell Roberts Document Control Desk, Office of Nuclear Material Safety and Safeguards, NRC/RGN-III
References
EA-14-193, IR 2014001, IR 2015008, OI 3-2014-004
Download: ML19085A477 (10)

Text

Xcel Energy RESPONSIBLE BY NATURE 2807 West County Road 75 Monticello, MN 55362 03/26/2019 L-MT-19-013 EA-14-193 Mr. Darrell Roberts Regional Administrator, Region Ill U.S. Nuclear Regulatory Commission 2443 Warrenville Road, Suite 210 Lisle, IL 60532-4352 Monticello Nuclear Generating Plant Docket No. 50-263 Independent Spent Fuel Storage Installation Docket No. 72-58 Confirmatory Order, EA-14-193, Closure Letter

References:

1) NRC letter to NSPM, "Confirmatory Order Related to NRC Reports No.05000263/2015008; 07200058/2014001 and 01 Report 3-2014-004; Monticello Nuclear Generating Plant", dated December 21, 2015 (ADAMS Accession No. ML15355A459)

Pursuant to Confirmatory Order EA-14-193 (Reference 1), Northern States Power Company, a Minnesota corporation, doing business as Xcel Energy (hereafter "NSPM"), hereby submits the basis for concluding that the Order has been satisfied.

NSPM is providing this letter to describe the completion of actions taken to satisfy all of the terms and commitments of the Confirmatory Order. A summary of the actions taken for each of the commitments in Section V of Confirmatory Order EA-14-193 is provided as Enclosure 1 to this letter and provides the basis for concluding the Order has been satisfied.

If there are any additional questions or if additional information is needed, please contact Gustavo Hernandez at 763-271-6746.

Summary of Commitments This letter makes no new commitments and no revisions to existing commitments.

Regional Administrator, Region Ill Page 2 I declare under penalty of perjury, that the foregoing is true and correct.

Executed on: March 2<:,, 2019

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hristopherR.Church Site Vice President, Monticello Nuclear Generating Plant Northern States Power Company - Minnesota Enclosure (1) cc: Document Control Desk, USNRC Resident Inspector, Monticello, USNRC

L-MT-19-013 NSPM ENCLOSURE 1 Summary of Completed Actions for Confirmatory Order EA-14-193 Page 1 of 8

L-MT-19-013 NSPM

References:

1) NSPM Letter to NRC, "Exemption Request for Nonconforming Dry Shielded Canister Dye Penetrant Examinations", dated September 29, 2015. (ADAMS Accession No. ML15275A023)

2) NRC letter to NSPM, "Exemption From Certain Provisions of 10 CFR 72.212 And 72.214 - Storage of Standardized NUHOMS Dry Shielded Canister 16 At Monticello Nuclear Generating Plant Independent Spent Fuel Storage Installation (CAC NO. L25058)", dated June 15, 2016 (ADAMS Accession No. ML16167A036)

3) NSPM letter to NRC, "Exemption Request for Nonconforming Dye Penetrant Examinations of Dry Shielded Canisters (DSCs) 11 through 15", dated October 18, 2017 (ADAMS Accession No. ML17296A205)

4) NRC letter to NSPM, "Exemption From Certain Provisions Of 10 CFR 72.212 And 72.214 - Storage Of Standardized NUHOMS Dry Shielded Canisters 11 Through 15 At Monticello Nuclear Generating Plant Independent Spent Fuel Storage Installation (CAC NO. 001028, DOCKETS 72-58 AND 50-263, EPID: L-2017-LLE-0029), dated September 20, 2018 (ADAMS Accession No. ML18262A378)

5) NSPM letter to NRC, "Project Plan for Restoring 10 CFR 72 Compliance to Dry Shielded Canisters Designated 11 through 16", dated December 12, 2016 (ADAMS Accession No. ML16347A295)

6) NSPM letter to NRC, "Project Plan Progress Toward Restoring 10 CFR 72 Compliance to Dry Shielded Canisters Designated 11 through 16", dated June 6, 2017 (ADAMS Accession No. ML17157B356)

7) NSPM letter to NRC, "Project Plan Progress Update toward Restoring 10 CFR 72 Compliance to Dry Shielded Canisters Designated 11 through 16", dated June 1, 2018 (ADAMS Accession No. ML18152A165)

8) NSPM Letter to NRC, "Information Responsive to Confirmatory Order Related to NRC Reports No. 05000263/2015008; 07200058/2014001 and 01 Report 3-2014-004, dated April 1, 2016 (ADAMS Accession No. ML16111B059)

9) NSPM Letter to NRC, "Information Responsive to Confirmatory Order Related to NRC Reports No.05000263/2015008; 07200058/2014001 and 01 Report 3-2014-004; Monticello Nuclear Generating Plant", dated November 15, 2016 (ADAMS Accession No. ML16328A329)

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L-MT-19-013 NSPM On December 21, 2015, the Nuclear Regulatory Commission (NRC) issued Confirmatory Order EA-14-193 modifying Xcel Energy's Monticello Nuclear Generating Plant license, as a result of a successful Alternative Dispute Resolution (ADR) session conducted on October 15, 2015 (ML15355A459). Xcel Energy consented to NRC's issuing the Confirmatory Order with the actions as described in Section V of the Order.

Based on the completion of these activities Xcel Energy has determined that the Confirmatory Order has been satisfied. A summary of the actions taken for each item is provided below:

Action

1. The licensee shall restore compliance to 10 CFR Part 72 to DSCs 11 through 16 within 5 years of the date the NRG takes final action upon the September 29, 2015, exemption request pending for DSC 16 (ML15275A023), or the exemption request is withdrawn, whichever is earlier.

Summary Of Actions Taken On September 29, 2015 Xcel Energy submitted a Request for Exemption (Reference

1) from 10 Code of Federal Regulation (CFR) 72.212(b)(3) and 72.212(b)(11) due to non-compliance with Technical Specification (TS} 1.2.5 of Certificate of Compliance (CoC) No. 1004, Amendment No. 10, for one loaded Transnuclear, Inc. (TN)

Standardized NUHOMS 61 BTH Dry Shielded Canister 16 (DSC-16) at the Monticello Nuclear Generating Plant (MNGP) Independent Spent Fuel Storage Installation (ISFSI). The NRC granted Northern States Power Company - Minnesota (NSPM) the requested exemption on June 15, 2016 (Reference 2). This exemption restored DSC-16 to compliance with 10 CFR 72. On October 5, 2016 Xcel Energy transferred DSC-16 into a Horizontal Storage Module (HSM) for continued storage at the MNGP ISFSI for the service life of the canister. Pursuant to the action above, NSPM was therefore required to restore compliance to 10 CFR Part 72 for DSCs 11 through 15 no later than June 15, 2021.

On October 18, 2017 Xcel Energy submitted a Request for Exemption (Reference 3) from 10 CFR 72.212(a)(2), 72.212(b)(3), 72.212(b)(5)(i), 72.212(b)(11) and 72.214 due to non-compliance with Technical Specification (TS} 1.2.5 of Certificate of Compliance (CoC) No. 1004, Amendment No. 10, Revision 1, for five Transnuclear, Inc. (TN) Standardized NUHOMS61BTH Dry Shielded Canisters (DSCs 11-15).

The NRC granted NSPM the requested exemption, for DSCs 11 through 15 on September 20, 2018 (Reference 4). This exemption restored DSCs 11-15 to compliance with 10 CFR 72 and permits continued storage at the MNGP ISFSI for the service life of the canisters.

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L-MT-19-013 NSPM Thus, DSCs 11-16 have been restored to compliance with 10 CFR Part 72 within 5 years of June 15, 2016 and this Confirmatory Order Action is considered complete.

Action

2. Within 180 calendar days of the NRC's final action on the docketed exemption request dated September 29, 2015 (ML15275A023), or the date the exemption request is withdrawn, whichever is earlier, the licensee shall submit a project plan to the Director, Division of Nuclear Materials Safety, Region Ill, for returning DSCs 11 through 16 to compliance to 10 CFR Part 72.

Summary Of Actions Taken On June 15, 2016 the NRC took final action on the docketed exemption request (Reference 2) for DSC-16. On December 12, 2016, 180 days after final action, NSPM submitted to the NRC a project plan (Reference 5) for returning DSCs 11 through 16 to compliance by June 15, 2021. Thus, a project plan was submitted within 180 calendar days of the NRC's final action on the docketed exemption request and this Confirmatory Order Action is considered complete.

Action

3. Within 180 days after submittal of the DSCs 11 through 16 project plan, Xcel Energy shall submit a letter to the Director, DNMS, Region Ill, regarding progress under the plan, and any non-editorial changes to the plan. A letter providing a progress update and any non-editorial plan changes shall be provided every 360 calendar days thereafter to the Director, DNMS, Region Ill, until the plan is completed.

Summary Of Actions Taken On December 12, 2016 NSPM submitted a project plan to the NRC for restoring DSCs 11 through 16 to compliance with 10 CFR Part 72 (Reference 5). Subsequent to this letter the following progress updates were provided to the NRC:

• On June 6, 2017, 176 days subsequent to the December 12, 2016 project plan submittal, NSPM submitted a letter to NRC, "Project Plan Progress Toward Restoring 10 CFR 72 Compliance to Dry Shielded Canisters Designated 11 through 16" (Reference 6). One non-editorial change was Page 4 of 8

L-MT-19-013 NSPM reported with the project update. Thus, project plan progress was submitted within 180 days of December 12, 2016.

• On June 1, 2018, 360 days subsequent to the June 6, 2017 update, NSPM submitted a letter to NRC, "Project Plan Progress Update toward Restoring 10 CFR 72 Compliance to Dry Shielded Canisters Designated 11 through 16", (Reference 7). No non-editorial changes were reported with the project update. Thus, a project plan progress was submitted within 360 days of June 6, 2017.

The project plan for returning DSCs 11-16 to compliance was completed on September 20, 2018 with the granting of the exemption request for DSCs 11-15.

Therefore, no further project plan updates were required and this Confirmatory Order Action is considered complete.

Action

4. Within 90 calendar days of the issuance date of the Confirmatory Order, Xcel Energy shall evaluate Monticello's dry fuel storage procedures and ensure the procedures require direct licensee oversight during the entire evolution of each dye penetrant test performed by contractors on DSC closure welds.

Summary Of Actions Taken On March 16, 2016, 86 calendar days from the issuance date of the Confirmatory Order, NSPM revised station procedure 9506, Dry Shielded Canister Sealing, to state:

"NRC Confirmatory Order EA-14-193 states that Xcel Energy SHALL evaluate Monticello's dry fuel storage procedures and ensure the procedures require direct licensee oversight during the entire evolution of each dye penetrant test performed by contractors on DSC closure welds.

[NRC Commitment M15010A]."

Additionally, procedure steps were updated per Procedure Change Request (PCR) 01513005 for each of the 11 closure welds to ensure direct licensee oversight during the entire evolution of each dye penetrant test performed by contractors on DSC closure welds. The steps in the procedure were specifically identified as NRC commitments to Confirmatory Order EA-14-193. With revision 15 of Procedure 9506 issued March 16, 2016, this Confirmatory Order Action is considered complete.

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L-MT-19-013 NSPM Action

5. Within 120 calendar days of the issuance date of the Confirmatory Order, Xcel Energy shall ensure and document that all first line supervisors and above, who oversee contractors performing field work in the Xcel Energy nuclear fleet, review the circumstances and lessons learned from the events that gave rise to the Confirmatory Order.

Summary Of Actions Taken Within 120 calendar days of December 21, 2015, the issuance date of the Confirmatory Order, training was developed and given to address the circumstances and lessons learned from the events that gave rise to the confirmatory order. From February 17, 2016 through April 19, 2016, training sessions were performed for the required population of Xcel Energy nuclear supervisors and above and was complete as of April 19, 2016, 120 days from the issuance of the Confirmatory Order. With the training of all required supervisors and above, this Confirmatory Order Action is considered complete.

Action

6. Within 360 calendar days of the issuance date of the Confirmatory Order, the licensee shall assess and document the effectiveness of improvements in oversight of supplemental workers (e.g., contractors) in the Xcel Energy nuclear fleet, including the actions taken in item 5.

Summary Of Actions Taken On December 7, 2016, 352 calendar days from the issuance date of the Confirmatory Order, NSPM completed an Effectiveness Review (AR 01509878-08),

which concluded the improvements made in oversight of supplemental workers had been effective, including the actions taken in Confirmatory Order Action 5. Input for the Effectiveness Review was a Snapshot Self-Assessment (AR 01543522),

completed on November 30, 2016. With the completion of the Effectiveness Review this Confirmatory Order Action is considered complete.

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L-MT-19-013 NSPM Action

7. Within 540 calendar days of the issuance date of the Confirmatory Order, Xcel Energy shall develop and make a presentation based on the facts and lessons learned from the events that gave rise to the Confirmatory Order, with emphasis on corrective actions taken as a result. Xcel Energy agrees to make this presentation at an appropriate industry forum such that industry personnel across the entirety of the United States would have the opportunity to receive the material. Xcel Energy shall inform the Director, DNMS, Region Ill, of where the presentation will be made, and make the presentation materials available to the NRG for review at least 30 calendar days in advance of the presentation.

Summary Of Actions Taken On May 4, 2016, 135 calendar days from the issuance date of the Confirmatory Order, Xcel Energy Director, Nuclear Fuels, made a presentation at the Nuclear Energy Institute Used Fuel Management Conference in Orlando, FL. The presentation included the identification of the DSC-16 issue; lessons learned that gave rise to the confirmatory order, and corrective actions taken. NSPM letter to Director NMS, April 1, 2016, notified the Director of NMS where the presentation would be made and provided the presentation materials for NRC review 33 calendar days in advance of the presentation (Reference 8). With the letter dated April 1, 2016, and the presentation given May 4, 2016, this Confirmatory Order Action is considered complete.

Action

8. Within 360 calendar days of the issuance date of the Confirmatory Order, Xcel Energy shall submit an article to an industry publication, such as UxC Spent Fuel, describing the circumstances of the violation, the root and contributing causes, and the corrective actions. The licensee shall provide a draft to the Director, DNMS, Region Ill, at least 30 calendar days in advance of the submittal.

Summary Of Actions Taken On December 12, 2016, 357 days from the issuance date of the Confirmatory Order, Xcel Energy submitted an article to the Ux Consulting Company, LLC ('UxC") for publication describing the circumstances of the violation, the root and contributing causes, and the corrective actions. The article was subsequently published in the Page 7 of 8

L-MT-19-013 NSPM SpentFUEL weekly series 1 on December 23, 2016. On November 10, 2016, NSPM electronically transmitted a draft of the industry article to the Director, Division Nuclear Materials Safety (DNMS) for review 32 calendar days in advance of the submittal. The draft article was also transmitted by letter to Director DNMS, dated November 15, 2016, (Reference 9). With the transmittal dated November 10, 2016, and the article submitted on December 12, 2016, this Confirmatory Order Action is considered complete.

Action

9. Upon completion of all terms of the Confirmatory Order, Xcel Energy shall submit to the NRG a Jetter discussing its basis for concluding that the Order has been satisfied.

Summary Of Actions Taken Each Action of the Confirmatory Order and the summary of the actions taken were discussed above in action 1 through 8. Therefore, with this letter this Confirmatory Order Action is complete, and all terms of the Confirmatory Order have been satisfied.

1 "Special Series - Xcel Energy's Confirmatory Order Commitment." [SpentFUEL Series Volume 22 No 1141. Issue 2016: Pages 5-10. UXC.com. December 23, 2016].

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