ML20129H933

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Discusses 910827 Meeting of 2.206 Coordinating Group Held in Atlanta,Ga to Discuss Activities Underway Throuhgout Agency Re Plant.List of Individuals Present Submitted
ML20129H933
Person / Time
Site: Vogtle  Southern Nuclear icon.png
Issue date: 09/04/1991
From: Matthews D
Office of Nuclear Reactor Regulation
To: Ebneter S, Hayes B, Lieberman J
NRC OFFICE OF ENFORCEMENT (OE), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II), NRC OFFICE OF INVESTIGATIONS (OI)
Shared Package
ML082401288 List: ... further results
References
FOIA-95-211 2.206, NUDOCS 9611040127
Download: ML20129H933 (16)


Text

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NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. MW6 v....+/

September 4, 1991 NOTE TO:

Ben B. Hayes. 01 James Lieberman, OE Stewart D. Ebneter, RII Lawrence J. Chandler, OGC I

FROM:

David B. Matthews, NRR j

SUBJECT:

. THIRD' MEETING OF THE V0GTLE 2.206 COORDINATING GROUP The third meeting of the 2.206 Coordinating Group was held in Atlanta on Tuesday, August 27, 1991, to discuss activities underway throughout the agency related to Vogtle. The following individuals were present:

D. Matthews, NRR/PD2-3 (Chair)

D. Murphy, 01/HQ A. Herdt, RII/DRP R. Fortuna, 01/HQ J. Milhoan RII/ ORA (part time)

J. Luehman, OE J. Vorse. 01/RII D. Hood, NRR/PD2-3 R. Hoefling, OGC (legal adviser)

P. Skinner, RII/DRP is an update of the Vogtle Matrix dated August 23, 1991. Copies were provided to those present. Please note that this information is sensitive and pre-decisional, and that distribution should be limited and confined only to the NRC staff.

The status of three NRC documents discussed at the previous meeting and associated with the July 8, 1991 amendment tc the petition was reported:

(1) The letter referring the amendment, with its allegations of false testimony in Section 210 proceedings,)to D0L was expected to be issued August 27.

(This has been completed.

(2) The letter to petitioner's counselor acknowledging receipt of the amendment and addressing the innediacy issue was issued August 26.

li (3) The letter requesting additional infonnation from the licensee was issued August 22, 1991. The letter requested the licensee to respond within 30 days under oath or affirmation.

The group discussed the draft Connission Paper being prepared in the form of a negative consent paper regarding the issue that a material false statement was made during the Comissioner's meeting on Vogtle Unit 2 licensing. The discussion focused upon the significance of the inaccurate information, the need to determine if this instance of inaccurate information is part of a pattern, and the NRC's decision not to proceed with potential enforcement action. 'OE agreed to draft input for the paper in this regard by Friday, August 30.

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2-The draft position on the issue alleging illegal transfer of the Vogtle licenses to SONOPC0 (attached to previous meeting sumary dated August 13, )

1991), was determined to involve legal and policy issues. 0GC (R. Hoefling reported that the legal issues would be discussed with Mr. J. Scinto. PDII-3 will pursue the policy issues with J. Roe and others.

RII has provided it's draft response for petition Item 6.c which alleges miscalculation of shutdown margin during a Unit 1 shutdown. The response (Enclosure 2) will be added to those attached to the previous meeting susunary.

NRR's target for completion of the draft Partial Initial Decision is September 6.

The goal for issuance by the NRR Director is September 27, 1991.

NRR's assignments memo for the July 8 amendment to the petition will be issued after further internal discussions, particularly for the last issue alleging false statements during a January 11, 1991 meeting about SON 0PCO.

A. Herdt will refer this latter issue to the Allegation Review Committee and D. Matthews will discuss details with B. Grimes.

Mr. J. Vorse reported that on August 16, 1991, 01 had issued a list of allegations accepted for investigation. The list also includes items detemined not to warrant 01 investigation but which may warrant inspection or other reviews.

Copies have been distribuited to NRC management and are under discus, ion with respect to assignments and appropriate courses of action. RII is comparing the list to its Vogtle matrix tables and will provide a cross reference with the next matrix table update, probably about the end of September.

The status of the review of audio cassette tapes was discussed. Transcripts have been made of 76 tapes.. The process' involved meetings between 01 and the petitioners to complete some transcripts. Transcripts of 40 tapes, identified by the petitioners as more significant, are being reviewed by RI! management

( A. Herdt, E. Merschoff, J. Milhoan, and P. Skinner) and copies are being forwarded to NRR (D. Matthews) for review. 01 has compiled a list of issues extracted from the tapes and has discussed these with NRC management. Certain l

items from 8 of the 40 tapes will be discussed in the near future. Also, P. Skinner will prepare a chronology of activities involving the NRC's handling of. tapes for the next meeting of the Vogtle Coordination Group.

The NRC meeting to discuss responses to the Demands for Information, initially scheduled for September 10, will be rescheduled. The new schedule will be established on September 6 in a conference call involving OE, RII, NRR, and OGC.

-0GC and OE provided coments from their review of the draft special inspections report (IR 90-XX) which is in final phases of completion. The report will be L

designated as Supplement I to IR 90-19. Based upon a more thorough review of the issues, NRC has determined that'the report will include the associated notice of violations.

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y Nj w-The next meeting of the working group is scheduled for September 18 in Atlanta, Georgia, prior to.the presentation of status to NRC senior managers on the same j

day.

~6 David B. Matthews, NRR

Enclosures:

1. Matrix Table dated 08/23/91 2.-Response to Item 6.c j

cc:

J. Sniezek, EDO i

T. Murley, NRR D. Hood, NRR j

F. Miraglia, NRR P. Skinner, RII W. Russell, NRR S. Vias, RII J.'Partlow, NRR J. Milhoan, REE J. Goldberg, OGC B. Urye, RII D. Murphy, Of G. Jenkins, RII S. Varga, NRR L. Reyes, RII G. Lainas, NRR S. Sparks, RII D. Matthews,'NRR J. Vorse 01 R. Hoefling, OGC J. Luehman, OE R. Rosano, OE A. Herdt, RII

-F. A11enspach, NRR E. Adensam,.NRR i

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SSCTIGE NATICES CONCM35ItBBS ORG.

art Asm. no.

2.206 PETITICU MosanOGE/BomBY SEPTEBGER 11, 1990 s.

2.206 Mobby forced out of GPC before Pending DCL actions.

RII Region II actions v111 be taken 1 II.a being able to resolve improper following the transfer of license.

RII-90-A-0026 actions taken by OPEN DOL.

b.

2.206 Mosbaugh removed from PRB after he RII found no basis for this RII See 0 406 1 III.3.1 1 II.b attempted to resolve safety issues contention. This was a with the PRB.

temporary assignment for Mr.

Petitioner filed Mosbaugh. The position on claim with DOL on the prs was permanently 6/6/90. DOL case assigned to the Assistant still pending.

General Manager-Support (AGM-S).

The permanently assigned person to AGM-5 returned to his original position and assumed his duties on the PRB.

NRR I.

2.206 tilegal Transfer of License to 1 III.1 SONOPCO RII-90-A-0026 OPEN yRR 1.a 2.206 Mr. Parley, SONOPCO's acting CEO, Supplemental chose the GPC corporate officers

-~~--

Information which would be staffing the SONOPCO RII-90-A-0026 Letter 10/1/90.

project even though he is not an OPEN Page 1.

officer or employee of GPC.

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1 August 23, 1991

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NRR 1.b 2.206 Mr. Farley and not GPC's CEO Supplemental controls matters related to the information staf fing of GPC's Nuclear Letter 10/1/90.

facilities.

Ril-90-A-0026 OPEN Page 2.

1.c 2.206 GPC's concern over whether SONOPCO NRR Supplemental was operating GPC's nuclear plants information without a license continued well Rit-90-A-0026 Letter 10/1/90.

after Mr. Hobby raised the issue in OPEN Page 3.

his April 27, 1989 NRR 1.d 2.206 Vogtle project smanagement assumes Supplemental that Mr. Farley and not Mr.

Information Dahlberg controls vogtle's RII-90-A-0026 IArtter 10/1/90.

operation.

OPEN Page 4.

2.

2.206 GPC Njsjead the Comunission about Statement was false, however NRR NRR allegation 1 111.2 the Chain of Command from the omission was inadvertent.

review board held 6/3/91. NRR Vogtle Prefect's Plant Manager to fts CEO.

Projects is working with Rt t, OGC and OE to Ril-90-A-0026 determine an OPEN agyropriate action.

2.206-A 1 111 i

3.

2.206 SONOPCO Intentionally misled the IR 90-17 RII-90-12 01 Of case pending 1 111.3 NRC about the condition of the 1 2.b.t6) 2-90-020 (not included in Emergency in order to hasten the

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partial responsel Vogtje Plant after a Site Area OPEN Rti-90-A-0092 2.206-A 1 1.1.1.2 restart of the reactor.

OPEN

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August 23, 1991

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EL2I AIA. 310.

3.a 2.206 Confirmation of Action Response RII-90-12 Of 01 case pending 1 III.3.a/

(COAR) and IEJt 90-006 contained 2-90-020 (not included in

.b/.c/.d/.e known false statements intended to OPEN partial response) mislead the NRC.

2.206-A 1 1.1 1.2 3.b 2.206 SONOPCO intentionally delayed RII-90-12 Of 01 case pending 1 III.3.f/

revising the I.ER until after 2-90-020 (not included in

.g/.h critical meetings with the NRC.

OPEN partial responsel 2.206-A 1 1.1 I.2 3.c 2.206 Intentional false information to IR 90-17 RII-90-12 Of 01 case pending 1 111.3.1 NRC concerning reliability data of 1 2.b.(6) 2-90-020 (not included in EDG.

URI 90-17-01 OPEN OPEN partial response)

RII-90-A-0092 2.206-A 1 1.1, I.2 OPEN RII-91-A-0109 OPEN 3.d 2.206 GPC had known that the EDG was RII-90-12 OI 01 case pending 1 III.3.j/.k unreliable for years and remained 2-90-020 (not included in uncorrected.

OPEN partial response)

R11-90-A-0092 OPEN RII-91-A-0109 i

OPEN 3.0 2.206 SONOPCO retaliated against MOSBAUGH RII See 2.206 1 II.b 1 111.3.1 by removing him from PRB.

Further NRC action, if any, pending results of DOL review.

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4.

2.206 GPC's Executive Vice President No conclusion. This item is NRR Further NRC action, L

1 III.4 sutzeitted perjured testimony during being reviewed by DOL.

!! any, pending the course of a proceeding 2.206 information referred results of DOL

_;ced under Section 220 of the to DOL by NRR on 12/21/90.

review.

Energy Reorganisation Act.

2.206-A 1 11.11.1 II.2 5.

2.'206 SONOPCO routineJy threatens the IR 90-19 NRC has concluded that RII 1 111.5 safe operation of GPC's nuclear Neakness 81,3,4 SONOPCO (GPC) does not facilities by a22 ewing them to Closed IR91-14, routinely threaten the safe enter " motherhood."

1 3.c..e,.f operation of VEGP by IR 90-19 allowing them to enter 1 2.1.1.3 s

-Notherhood." Entry into TS 2.1.1.4 3.0.3 (motherhood) was found IR 90-19-51,1 2.4 to be a true statement.

Ir1 90-19-15 OPEN Review of this issue VIO 90-19-12 identified that the !!censee (A2,A4) OPEN did enter TS as an operational practice.

5.e 2.206 GPC fa!!ed to notify NRC upon entry IR 90-19 On many occasions GPC RII Entry into 3.0.3 1 III.5 of 3.0.3.

1 2.1.1.3 entered TS 3.0.3 without does not require realizing it, when load NRC notification j

sequencers were inoperable.

unless power i

However the time limits were reduction is not violated.

performed.

5.b 2.206 Both units safety related load IR 90-19-51,1 2.4 RII 1 III.5.a sequencers have been inoperable due Ir1 90-19-15 OPEN to many conditions on many occasions.

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6.c 2.206 Procedural errors made by two RII 1 III.6.c shifts licensed operators miscalculated the shutdown margin for Unit 1 which was shutdown at the time.

RII 6.d 2.206 GPC employees were told to keep

'1 III.S.d planned shutdowns on schedule by "taking" LER' S.

6.0 2.206 Licensee knowingly concealed a NCV 425/90-01-01 RII-90-08 01 01 case pending 1 III.G.e.it violation of TS 4.6.1.1.a in that LER 2-90-001 2-90-012 (not included in they f ailed to properly test = 39 CLOSED IR 90-10, OPEN partial response) containment teolation valves.

1 3.b.t2).th)

PII-90-A-092 OPEN 6.f 2.206 SONOPCO knowingly concealed a TS LER 1-90-004 RII-90-08 01 01 case pending 1 III.G.e.11) violation on March 1, 1990, in that CICSED IR 90-10, 2-90-012 (not included in they changed f rosa MODE 5 to Mode 6 1 3.b.(2).tc)

OPEN partial response) even though required equipment NCY 424/90-10-03 RII-90-A-092 (SRM) was not operable.

OPEN 6.g 2.206 SONOPCO knowingly concealed a TS IR 90-xx, 1 2.2 No indication that SONOPCO RII-90-08 RII 1 III.6.e.111) violation when 's' RNR pump was not VIO 90-19-13 tal) made a conscious decision to 2-90-012 declared inoperable after cracking OPEN endanger public.

OPEN of MSCW water cooling line and ' A' R11-90-A-092 RNR pump was inoperable due to OPEN outage work.

1.

2.206 SONO 9CO repeatedly concealed RII-90-15 OI OI 2-91-003 (n

n in 1 III.7 safeguards problems from the NRC.

OPEN partial response)

RII-90-A-0124 i

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7.a 2.206 (1) SONOPCO knowingly and RII-90-15 01 of case pending 2-91-003 (not included in 1 III.7.a repeatedly hid safeguards problems from the NRC and (2) willfully OPEN partial response) refused to comply with mandatory reporting requiremente. (3)

SONOPCO vice President made false RII-90-A-0124 statements to the NRC during an OPEN Enforcement Conference about the status of safeguards materials in B1raingham.

7.b 2.206 SONOPCO senior management prevented RII-90-15 01 01 case pending 2-91-003 (not included in 1 III.7.b the Site Security Manager from OPEN partial response) making a Red Phone notification within one hour as required by 10 R11-90-A-124 CFR 73.71.

OPEN REI 8.

2.206 SONOPCO has endangered the public's 1 III.8 hesith and safety by operating radioactive waste systems and RII-90-A-0005 facilities known to be in gross OPEN l

violation of Nnc requirements.

8.e 2.206 Radioactive weste filter system IR 90-19-51.1 2.1 RII 1 III.8 (FAVA) was installed and operated IFI 90-19-14.OPEN by VEGP in gross violation of RG 1.143.

The system had been shutdown by OA for progresumatic breakdowns in procurement and design, but SONOPCO approved resumption prior to corrective actions wre coupleted. This could have resulted in a radioactive leak l

into Beaver Creek. The 50.59 evaluation and accident analysis are inadequate and/or incorrect for FAVA systen..

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8.b 2.206 GPC management intimidated members IR 90-19-$1,1 2.7 RIE 1 111.9 of the PRB on the issue of the FAVA IR 91-09, 1 5 system.

I 9.

2.206 SONOPCO management routinely risks NRR Conclusions will be i

1 III.9 the safe operation of GPC's Muclear discussed in final l

facilities through non-conservative response.

and questionable management practices.

9.a 2.206 SONOPCO praises management for NRR Conclusions will be 1 III.9.a taking risks.

discussed in final response.

9.b 2.206 Not taking any adverse action NRR Conclusions will be 1 III.9.b against managers or employees who discussed in final engage in non-conservative and response.

questionable compliance practices.

9.c 2.206 Refusing to critically investigate NRR Conclusions ullt be 1 III.9.c events or practices resulting in discussed in final LERs.

response.

9.d 2.206 Retaliating against managers who NRR Conclusions ullt be 1 III.9.d make their regulatory concerns to discussed in final GPC/SONOPCO management.

response.

l 2.206 PETITION m e' m "T annamarigs/aOSSY I

JULY 8, 1991 Al 2.206-A GPC's Executive Vice President has RII-90-12 01 OI case pending 1I submitted material false statements 2-90-020 to the NRC when responding to OPEN allegations raised by Petitioners in their September li, 1990 RII-91-A-0109 Petitlon.

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2.206-A GPC's Senior vlee President, George RII-90-12 OI 01 case pending 1 I.1 Hairston, knew that LER 90-006 2-90-020 OPEN 2.206 1 III.3 contained a material false statenent at the time of its sutmission and GPC's Executive t' ice RII-91-A-0109 President submitted a material OPEN false statement intending to cover-up Mr. Malrstons culpability.

RII-90-12 OI 01 case pending A1.2 2.206-A Mr. Mcdonald sought to cover-up 1 1.2 GPC's culpability 1y blaming Mr.

2-90-020 OPEN 2.206 1 111.3 Mosbaugh for higher management's Intentional act of s=nbeltting false RII-90-A-0092 information to the NRC in LER 90 OPEN 006.

A2 2.206-A Mr. NeDonald provided false 2.206-A Information referred NRR Further NRC action, 1 11 testinony under oath during Section to DOL by NRR on if any, pending 210 proceedings to cover-up results of DOL intswide. tion and retaJintion review.

agasnut whistReblosers.

2.206 1 111.4 A2.1' 2.206-A Mr. Mcdonald made falso statements 2.206-A Information referred NRR Further NRC action, 1 II.1 concerning his knowledge his to DOL by NRR on if any, pending knowledge of the method used to rwaults of DOL select the SONOPCO Project Vice review.

Freeldent of Technical Servlees and Vice President of Adsninistrative 2.206 1 III.4 Services.

A.2.2 2.206-A Mr. Mcdonald made f alse statewnts 2.206-A Information referred NRR Further NRC act!On, 1 11.2 about the method used to staff the to DOL by NFi on if any, pending SONOPCO project.

results of DOL review.

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1 111 chain of conumand from the Vogtle Project's Plant Manager to its CEO.

RII-90-A-0026 OPEN A4 2.206-A Mcdonald made false statements NRR 1 IV during a transcribed January 22, 1991 NRC staff proceeding.

RII-Region II, Division of Reactor Steven vlas Projects E

NRR-NMR, Division et reactor Projects, Darl Mood Directorate 11-3 01-Offlee of Investigation,.

Dan Murphy /

Larry Robinson Headquarters or Region II DOL-Department of Labor DOJ-Department of Justice OGC-Office of General Counsel Dick Moefling/ Eugene Holler DLPQ-NRR, Division of Licensee Fred A11enspach Performance E Quality Evaluation l

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2

  • d 15:11 16/22/80 01Ne110-2*D3d WOds IB ENCLOSURE 2 2.206 Petition iTmW s.c At 5 35 pm on January 19, 1989, control room operators manually tripped the Unit 1 turbins and reactor to enter a planned outage to repair a leaking socket weld on the pressurizer loop seal safety After the unit was shutdown, an extra shift relief valve drain.

14005-1, Shutdown Margin supervisor'on shift completed procedure Calculation, which is required to be completed every 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> when 4, or 5, and signed the procedure at 7:13 pm on January in Mode 3, The extra SS, however, incorrectly completed Data Sheet 19, 1989.

which applied to conditions when TAVG 2 557 degrees Fahrenheit, 2,

when he should have completed Data Sheet 4,

which applied to That SDM conditions related to entering cold shutdown (Mode 5).

resulted in a calculated calculation, using the wrong data sheet, SDM of 6.6% delta X/k and a required SDM of 2.58% delta k/k which indicated to operators that no boron addition to the RCS was required in order to enter Cold Shutdown.

at approximately 9:00 am, a reactor engineer On January 20, 1989, questioned the apparently low RCS boron concentration of 1333 ppr.

Due to his concern, the wait cooldown was stopped until the SDM calculation was verified.

At 10:22 am the reactor engineer t

completed a SDM calculation that assumed a RCS temperature of 68 His calculation, without 4

degrees Fahrenheit and 0 pcm Xenon worth.

taking credit for Xenon worth, showed that 1800 ppm boron concentration was necerssary to obtain a SDM of 4.015% delta k/k compared to a required SDM of 3.47% delta X/X. It should be noted again that no credit was taken for Xenon worth which would have added approximately 3.8% delta _k/k to the SDM and provided more RII/SJV 2206.6c

C'*W ~10101 C *e 26:11 16/22/80 01Ne11e-Z'b3e wge, U

than: sn adequate cargin abovo TS rcquirssanto without furthor i

boration.

Since no TS limit was exceeded, the licensee did not

e f

submit a report to the NRC.

i i

1989 at 1:38 pm, the On-Shif t Operations Supervisor, i

On January 20, re-performed the SDM calculation which had been incorrectly l

. performed at 7:13 pm on January 19, 1991 using plant data in effect i

Those calculations, using Data Sheet 4, deterinined on January 19.

4 the SDM was '4.185% delta k/k compared to the required SDM of 1.92%

i delta k/k.

i^

The resident inspectors reviewed procedure 14005-1, Data Sheets 2 and 4, the calculations concerning these data sheets dated January and control room logs for that time period.

The SDM 19-20, 1989, calculation performed at 7: 13 pm on January 19, 1989 was incorrect in that the wrong Data Sheet of procedure 14005-1 was used.

However, there was no evidence to suggest that TS SDM limits were ever exceeded or that an inadvertent criticality would have occuried due to the use of the wrong data sheet.

A factor contributing to the error was the confusing instructions on Data Sheet 2 of procedure 14005-1.

That procedure was subsequently revised on March 26, 1989 to simplify, consolidate and clarify the It should also be noted that the licensee failed to data sheets.

write a deficiency card for this event which would have prompted a licensee followup review of the error.

RII/SJV 2206.6c.

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