ML20035H538

Discusses Notice of Enforcement Discretion Not to Enforce Compliance W/Required Actions in 10CFR50,app J for Primary Containment Airlock Testing Until Temporary Exemption Request Acted Upon.Request Granted

ML20035H538
Person / Time
Site:	Duane Arnold
Issue date:	04/30/1993
From:	Zwolinski J Office of Nuclear Reactor Regulation
To:	Leslie Liu IES UTILITIES INC., (FORMERLY IOWA ELECTRIC LIGHT
References
NUDOCS 9305050215
Download: ML20035H538 (4)

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i NUCLEAR REGULATORY COMMISSION

,t WASHINGTON. D.C. 2055H1001 kf April 30, 1993 Docket No. 50-331 N0ED No. 93-6-013 Mr. Lee Liu Chairman of the Board and Chief Executive Officer i

Iowa Electric Light and Power Company Post Office Box 351 Cedar Rapids, Iowa 52406 i

SUBJECT:

NOTICE OF ENFORCEMENT DISCRETION FOR 10WA ELECTRIC LIGHT AND POWER COMPANY REGARDING DUANE ARNOLD ENERGY CENTER By letter dated April 29, 1993, you requested the U.S. Nuclear Regulatory Commission (NRC) to exercise its discretion not to enforce compliance with the required acticas in 10 CFR 50, Appendix J, Section III.D.2.(b), for primary containment air lock testing until a temporary exemption request is acted upon by the staff.

You informed the NRC on April 28, 1993, that the Duane Arnold Energy Center would not be in compliance with Appendix J,Section III.D.2.(b) and subsequently Technical Specifications (TS) Section 4.7.A.2.d.2, Type B Tests.

Your letter stated there was a need for enforcement discretion to prevent challenging plant equipment to avoid the potential of disturbing a Reactor Recirculation Pump seal that is presently exhibiting increased leakage by reducing power to do this test. As justification for continued operation, you provided test data for previous leak tests results which were below the acceptance criteria, and that no degradation of the door seal is anticipated because the doors will not be operated in the intervening period.

In addition, you identified compensatory measures to include the prohibition of opening the air lock between now and the next plant shutdown.

Based on our review of your justification, including the compensatory measures identified above, we have concluded that this course of action involves minimal 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, this letter documents our verbal granting on April 28, 1993, of our intention to exercise discretion not to enforce compliance with Appendix J,Section III.D.2.(b) for the period from April 28, 1993, until the staff takes action on your associated exemption request submitted on April 29, 1993. The requested exemption would provide temporary relief from the Appendix J requirements until the next shutdown but no later than your scheduled refueling outage on July 30, 1993, whichever

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Mr. Lee Liu April 30, 1993 comes first. We further understand that you will be reviewing a potential TS I

change to determine whether clarification of the surveillance requests are warranted.

Notwithstanding our granting of enforcement discretion, we will consider enforcement action, as appropriate, for the conditions that led to the need for this exercise of enforcement discretion.

N Sincerely, l

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L-Gohn A. Zwolinski, Assistant Director for R.gion III Reactors Division of Reactor Projects Ill/IV/V Office of Nuclear Reactor Regulation cc:

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Mr. Lee Liu April 30, 1993 l

I comes first.

We further understand that you will be reviewing a potential TS change to determine whether clarification of the surveillance requests are l

warranted.

Notwithstanding our granting of enforcement discretion, we will l

consider enforcement action, as appropriate, for the conditions that led to i

the need for this exercise of enforcement discretion.

Sincerely, Original Signed By:

l John A. Zwolinski, Assistant Director for Region Ill Reactors Division of Reactor Projects III/IV/V i

Office of Nuclear Reactor Regulation cc:

See next page DISTRIBUTION:

Docket File ACRS (10)

NRC & Local PDRs EGreenman, Rlll JRoe RGreger, RIII i

JZwolinski RLobel, SCSB J4annon PDIll-3 Gray MRushbrook RPulsifer s

CBerlinger i

OGC MBoyle RBarrett a

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PD3-3:PM N PD3-3 PD RIII:C NRR:SCSB AD:Rl [

MRushok RPulsifer/bj JHkdhnb Nr RLobel JZwolinski j

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d />$/93 7/3993 Y /30/93 T/30/93 4 /3 0/93 I

OfflCIAL RECORD DOCUMENT NAME:

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4 Mr. Lee Liu lowa Electric Light and Power Company Duane Arnold Energy Center i

cc:

1 Jack Newman, Esquire Kathleen H. Shea, Esquire Newman and Holtzinger 1615 L Street, N.W.

Washington, D.C.

20036 Chairman, Linn County Board of Supervisors Cedar Rapids, Iowa 52406 Iowa Electric Light and Power Company ATTH:

David L. Wilson Plant Superintendent, Nuclear 3277 DAEC Road Palo, Iowa 52324 Mr. John F. Franz, Jr.

Vice President, Nuclear

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Duane Arnold Energy Center l

3277 DAEC Road Palo, Iowa 52324 Mr. Keith Young Manager, Nuclear Licensing Duane Arnold Energy Center 3277 DAEC Road Palo, Iowa 52324 U.S. Nuclear Regulatory Commission Resident inspector's Office Rural Route #1 Palo, Iowa 52324 Regional Administrator, Region III U.S. Nuclear Regulatory Commission 799 Roosevelt Road i

Glen Ellyn, Illinois 60137 Mr. Stephen N. Brown Utilities Division Iowa Department of Commerce Lucas Office Building, 5th Floor Des Moines, Iowa 50319 I

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