ML20129E944

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Forwards Insp Rept 50-440/96-08 on 960826-0911 & Nov. Four Apparent Violations Noted & Being Considered for Escalated Enforcement Action.Predecisional Enforcement Conference Scheduled for 961011 to Discuss Violations
ML20129E944
Person / Time
Site: Perry 
Issue date: 09/27/1996
From: Grant G
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To: Myers L
CENTERIOR ENERGY
Shared Package
ML20129E950 List:
References
EA-96-367, NUDOCS 9610040008
Download: ML20129E944 (3)


See also: IR 05000440/1996008

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September 27, 1996

EA 96-367

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Mr. Lew W. Myers

Vice President - Nuclear

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Centerior Service Company

P.O. Box 97, A200

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Perry, OH 44081

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SUBJECT:

SPECIAL INSPECTION REPORT NO. 50-440/96008(DRS)

Dear Mr. Myers:

This refers to the special inspection conducted from August 26 through

September 11, 1996, at your Perry Nuclear Power Plant, Unit 1, facility to

review two Licensee Event Reports documenting events involving your emergency

closed cooling system.

The enclosed report presents the results of this

inspection.

Based on the results of this inspection, four apparent violations were

identified and are being considered for escalated enforcement action in

accordance with the " General Statement of Policy and Procedure for NRC

Enforcement Actions" (Enforcement Policy), NUREG 1600.

Two of the apparent violations involve technical specification limiting

condition for operation action requirements which were exceeded. One of these

involved a 45 hour5.208333e-4 days <br />0.0125 hours <br />7.440476e-5 weeks <br />1.71225e-5 months <br /> period where the emergency closed cooling system was

inoperable, and the actions required by technical specification 3.0.3 were not

completed.

The remaining two apparent violations involve corrective action issues.

In

one case corrective actions were neither timely nor adequate to address a

leaking safety-related motor-operated butterfly valve.

In a second case,

corrective actions failed to correct an adverse condition regarding the

ability to operate safety-related control room complex chillers at low lake

temperatures.

Further, poor post-modification testing failed te promptly

identify that the problem had not been corrected. While both of these events

occurred more than two years ago, problems regarding corrective actions for

these events existed at the time of the inspection and are of particular

Concern.

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030081

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9610040008 960927

PDR

ADOCK 05000440

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L. W. Myers

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No Notice of Violation is presently being issued for these inspection

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findings. Please be advised that the number and characterization of apparent

violations described in the enclosed inspection report may change as a result

of further NRC review.

A predecisional enforcement conference to discuss these apparent violations

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has been scheduled for October 11, 1996. The decision to hold a predecisional

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enforcement conference does not mean that the NRC has determined that a

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violation has occurred or that enforcement action will be taken.

This

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conference is being held to obtain information to enable the NRC to make an

enforcement decision, such as a common understanding of the facts, root

causes, missed opportunities to identify the apparent violations sooner,

corrective actions, significance of the issues, and the need for lasting and

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effective corrective actions.

In addition, this is an opportunity for you to

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point out any. errors in our inspection report and for you to provide any

information'concerning your perspectives on 1) the severity of the violations,

2) the application of the factors that the NRC considers when it determines

the amount of a civil penalty that may be assessed in accordance with Section

VI.B.2 of the Enforcement Policy, and 3) any other application of the

Enforcement Policy to this case, including the exercise of discretion in

accordance with Section VII.

You will be advised by separate correspondence of the results of our

deliberations on this matter. No response regarding these apparent violations

is required at this time.

A violation was also identified by the inspectors regarding Licensee Event

Report (LER)93-021 because it failed to provide an adequate assessment of the

safety consequences and implications of the event as required by 10 CFR 50.73.

This violation is of concern because a comprehensive and detailed LER is

important for reviewers, who may not have an in-depth knowledge of your

specific plant design, to fully understand the significance of the event.

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This violation is cited in the enclosed Notice of Violation, and the

circumstances surrounding the violation are described in detail in the

enclosed report.

Please note that you are required to respond to this letter

and should follow the instructions specified in the enclosed Notice when

preparing your response. The NRC will use your response, in part, to

determine whether further enforcement action is necessary to ensure compliance

with regulatory requirements.

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In accordance with 10 CFR 2.790 of the Commission's regulations, a copy of ~

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this letter and the enclosures will be placed in the NRC Public Document Room.

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L. W. Myers

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We will gladly discuss any questions you have concerning this inspection.

Sincerely,

Original signed by G. E. Grant

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Geoffrey E. Grant, Director

Division of Reactor Safety

Docket No. 50-440

Enclosures:

1.

Notice of Violation

2.

Inspection Report

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No. 50-440/96008(DRS)

cc w/encls:

J. P. Stetz, Senior Vice

President - Nuclear

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L. W. Worley, Director, Nuclear

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Services Department

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J. D. Kloosterman, Manager,

Regulatory Affairs

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W. R. Kanda, Director, Perry

Nuclear Assurance Department

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N. L. Bonner Director, Perry

Nuclear Engineering Department

H. Ray Caldwell, General Superintendent

Nuclear Operations

R. D. Brandt, General Manager Operations

Terry L. Lodge, Esq.

State Liaison Officer, State of Ohio

Robert E. Owen, Ohio Department of Health

C. A. Glazer, State of Ohio

Public Utilities Commission

Distribution:

Docket File w/encls

DRS w/encls

A. B. Beach, RIII w/encls

PUBLIC IE-01 w/encls

RIII PRR w/encls

Enf. Coordinator, RIII w/encls

0C/LFDCB w/encls

SRI, Perry w/encls

CAAI (E-mail) w/encls

DRP w/encls

LPM, NRR w/encls

W. L. Axelson, RIII w/encls

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J. Lieberman, OE

J. Goldberg, OGC

R. Zimmerman, NRR

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DOCUMENT NAME: G:\\DRS\\PER96008.DRS

To receive a copy of this document, indicato in the box "C" = Copy w/o attach /enci *E" = Copy w/ attach /enct T = No copy

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