ML20135D766

Responds to Requesting NRC Exercise Discretion Not to Enforce Compliance W/Actions Required by TS 3/4.7.7, 3/4.7.8,3/4.9.14 & 3.0.3 Due to Inadequate Performance of Surveillance Requirements.Nrc Concludes NOED Warranted

ML20135D766
Person / Time
Site:	Farley
Issue date:	02/28/1997
From:	Berkow H NRC (Affiliation Not Assigned)
To:	Dennis Morey SOUTHERN NUCLEAR OPERATING CO.
References
TAC-M98011, TAC-M98012, NUDOCS 9703050485
Download: ML20135D766 (6)

Text

5D-3%l3pf i

km mag y

\\

UNITED STATE 8 g

j NUCLEAR REGULATORY COMMISSION a

waswiwovow, o.c. sones.eeos February 28, 1997 Mr. D. N. Morey Vice President - Farley Project Southern Nuclear Operating Company, Inc.

Post Office Box 1295 Birmingham, Alabama 35201-1295 SUBJECT. NOTICE OF ENFORCENENT DISCRETION (NOED) FOR JOSEPH M. FARLEY NUCLEAR PLANT, UNITS 1 AND 2 (TAC NOS. M98011 AND M98012)

Dear Mr. Morey:

By letter dated February 27, 1997, Southern Nuclear Operating Company, Inc.

(SNC), requested that the NRC exercise discretion not to enforce compliance with the actions required in Technical Specification (TS) 3/4.7.7, " Control

. Room Emergency Filtration / Pressurization System," (CREFS) TS 3/4.7.8,

" Penetration Room Filtration System," (PRF) TS 3/4.9.14, " Containment Purge 1

Exhaust Filter," (CPEF) and TS 3.0.3 due to inadequate performance of surveillance requirements on Farley Nuclear Plant (FNP), Units 1 and 2.

)

i The specific Surveillance Requirements (SRs) involved are 4.7.7.1.b.1.a, 4.7.7.1.b.3 and 4.7.7.1.d.4 of TS 3/4.7.7, " Control Room Emergency I

. Filtration / Pressurization System;" 4.7.8.b.1.a, 4.7.8.b.3 and 4.7.8.d.3 of TS 3/4.7.8, " Penetration Room Filtration System;" and 4.9.14.a.l.a of TS 3/4.9.14. " Containment Purge Exhaust Filter." These SRs make reference to specific sections cf ANSI N510-1980, " Testing of Nuclear Air-Cleaning Systems," which have not been implemented in their entirety.

The letter documented information previously discussed with the NRC in a telephone conversation on February 26, 1997, that began at 1:00 p.m. Eastern Standard Time (EST).

During this telephone conversation, SNC declared that they were entering TS 3.0.3 at 1:27 p.m. EST, which would require the units to be in HOT STANDBY within 6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> in accordance with the actions of the limiting condition for operation.

Your letter requested that an NOED be issued pursuant to the NRC's policy regarding exercise of discretion for an operating facility, set out in Section VII.c, of the " General Statement of Policy and Procedures for NRC Enforcement Action" (Enforcement Policy), NUREG-1600 and be effective for the period of time needed for NRC to process a license amendment, which you submitted by letter dated February 24, 1997, on a exigent basis and for you to implement that amendment.

Recent NRC inspections related to the design bases of the Penetration Room Filtration (PRF) system raised questions regarding TS SRs references to ANSI N510-1980, for performing visual inspections (section 5), verifying system flow rate (section 8) and verifying heater power (section 14) for FNP ventilation and filtration systems.

FNP personnel have been assuming that the standards were provided for technical guidance, as opposed to requirements to I

be met.in verbatim and that specific sections within ANSI N510-1980 do not clearly differentiate between testing and inspections required for initial O@ g.

acceptance testing and periodic surveillances. As a result, some required 9703050485 970228

=====m" NRC fl.E CENTER COPY

D. N. Morey,

steps in the above mentioned sections of ANSI N510-1980 were assumed to be applicable only as construction acceptance tests, or only required to be performed after major system modifications and repairs.

In addition, some tests and inspections could not be performed because of FNP s)ecific system designs, were inadvertently omitted, or were selected to not >e performed because they were not considered necessary or appropriate. However, the NRC staff's interpretation of the TS SRs is that, because the FNP TSs reference specific sections of ANSI N510-1980, the FNP ventilation filter test program i

for the CREFS, PRF, and CPEF systems must fully comply with all steps within I

the referenced sections of ANSI N510-1980.

i It should be noted that the staff does not agree with the licensee's view that the standard does not clearly differentiate between inspection and testing required for initial acceptance and inspection and testing required for periodic surveillance.

Incorporation of the specific sections of the standard into the TS SRs commits the licensee to meet all the requirements specified in that section of the standard during its performance of tha surveillances and does not afford the licensee the latitude to select some individual inspections and tests and omit those inspections and tests that involve major challenges to SNC.

The staff evaluated the safety consequences of allowing FNP, Units 1 and 2, to continue operation in accordance with the limiting conditions for operation without compliance with the previously mentioned SRs in TS 3/4.7.7,3/4.7.8, and 3/4.9.14 and compared this to a small, but mensurable amount of risk associated with shutdown of both units. The staff concluded that the option of allowing the surveillances to be postponed until approval and implementation of the license amendments was the option that resulted in minimum safety impact. This conclusion is based on SNC's commitment to perform all of the inspection and testing requirements for Sections 5, 8, and 14 in accordance with ANSI N510-1989 (the latest version of the standard) including the inspection and testing requirements that they previously identified as tests limited to acceptance prior to startup and after major modifications. Also, the inspections and tests that SNC identified that they could and should perform but were not included in their procedures, but will now be performed in their entirety, are found to be acceptable to the staff.

Some examples of inspections and tests previously identified by the licensee as not applicable and therefore not being done, but are now committed to be implemented by SNC, includes but are not limited to the following:

ANSI N510, Section 5 - Visual Inspection of Mounting frames including the seal welds between members of frame and between frame and housing; structural rigidity; squareness of members, flatness and conditions of component seating surfaces;

I D. N. Morey HEPA filter damage; Profilter media damage, case or gaskets; and Damage to absorbers including burns from welding or cutting operations in housing, conditions of clamping and gaskets ANSI N510, Section 8 - Air Flow Capacity and Distribution Test Comparison of measured volumetric flowrate with required specifications and adjustments as necessary to meet the required flowrate specifications; and Dirty-filter system airflow resistance test ANSI N510, Section 14 - Duct Heater Performance Test 4

Visual inspection of all heating elements and power control circuits for any defects; Power-off electrical test to verify circuit continuity; and Power-on mechanical test to verify conformance with specifications

-j t

regarding temperature and humidity i

In addition, the staff considers SNC's commitment to perform some of the inspections and tests while the license amendments are being reviewed, and to concurrently revise their procedures as plant conditions allow, to be i

acceptable.

Furthermore, SNC's commitment to notify the NRC should any~

problems arise while performing such tests that affect the ability of the i

systems to perform their intended safety functions is acceptable.

In summary, the staff finds that the combination of factors discussed above provides adequate assurance for the limited period of time before NRC approval and SNC j

implementation of the license amendments that the systems noted above can i

perform their intended safety functions.

i The staff agrees with SNC that an unnecessary plant shutdown constitutes an undesirable transient involving a small amount of risk and, therefore, considers the option of requiring a shutdown specifically to address the inadequate surveillances to be unwarranted. Criterion 1 of Section 8 of the Enforcement Policy states, in part, that, "for an operating plant, the N0ED is intended to (a) avoid undesirable transients as a result of-forcing compliance with the license condition and, thus, minimize potential safety consequences and operational risks...."

On the basis of the staff's evaluation of your request, the staff has concluded that an N0ED is warranted because we are clearly satisfied that this action involves minimal or no safety impact and has no adverse radiological impact on public health and safety. Therefore, it is our intention to exercise discretion not to enforce compliance with the TSs indicated in the

i 3

D. N. Morey,

first paragraph, for the reasons stated herein, for the period from 1:27 p.m.

i EST en February 26, 1997, until we have processed your requested license i-amendments, which you submitted by letter dated, February 24, 1997, and you have fully implemented the amendments within 30 days of issuance. The staff will proceed with review of your amendment request, to resolve this issue on an exigent basis. This letter documents our telephone conversation on February 26, 1997, when we orally issued this notice of enforcement discretion.

However, as stated in the Enforcement Policy, action will normally be taken, to the extent that violations were involved, for the root cause that led to the noncompliance for which this N0ED was necessary.

i Si cerely, h

s erbert N. Berkow, Director

~

Project Directorate II-2 Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation Docket Nos. 50-348 and 50-364 cc: See next page i

1 J

i c

Southern Nuclear Operating Company Joseph M. Farley Nuclear Plant i

cc:

Mr. R. D. Hill, Jr.

General Manager -

Southern Nuclear Operating Company Post Office Box 470 Ashford, Alabama 36312 Mr. Mark Ajluni, Licensing Manager Southern Nuclear Operating Company Post Office Box 1295 Birmingham, Alabama 35201-1295 Mr. M. Stanford Blanton Balch and Bingham Law Firm i

Post Office Box 306 1710 Sixth Avenue North j

Birmingham, Alabama 35201 Mr. J. D. Woodard Executive Vice President Southern Nuclear Operating Company Post Office Box 1295 Birmingham, Alabama 35201 State Health Officer Alabama Department of Public Health 434 Monroe Street Montgomery, Alabama 36130-1701 Chairman Houston County Commission Pcst Office Box 6406 Dothan, Alabama 36302 f

Regional Administrator, Region II U.S. Nuclear Regulatory Commission 101 Marietta Street, NW., Suite 2900 Atlanta, Georgia 30323 Resident Inspector U.S. Nuclear Regulatory Commission 7388 N. State Highway 95 Columbia, Alabama 36319

s D. N. Morey February 28, 1997 first paragraph, for the reasons stated herein, for the period from I:27 p.m.

EST on February 26, 1997, until we have processed your requested license amendments, which you submitted by letter dated, February 24, 1997, and you have fully implemented the amendments within 30 days of issuance. The staff will proceed with review of your amendment request, to resolve this issue on an exigent basis.

This letter documents our telephone conversation on February 26, 1997, when we orally issued this notice of enforcement discretion.

However, as stated in the Enforcement Policy, action will normally be taken, to the extent that violations were involved, for the root cause that led to the noncompliance for which this N0ED was necessary.

Sincerely, f

ORIGINAL SIGNED BY:

i Herbert N. Berkow, Director Project Directorate 11-2 Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation Docket Nos. 50-348 and 50-364 cc:

See next page Distribution:

Docket File JZimmerman PUBLIC OGC PD 11-2 Rdg.

CGrimes SCollins/FMiraglia ACRS RZimmerman JLieberman SVarga JJohnson, RII j

JZwolinski PSkinner, RII i

HBerkow MBoyle Cindi Carpenter LBerry

• see previous concurrence To receive a copy of this document, indicate in the box:

"C" = Copy without attachment / enclosure "E" = Copy with attachment / enclosure "N" = No copy 0FFICE PM:PDII E l

LA:PDII-2nl C SSSA*

l RII/DRP*

D:PR!f 2

l l

7 HB[R%W7 NAME JZ AN:en LBERRY GHOLAHAN 0

N DATE z/ fF /97 d 9,T T/97 2/28/97 2/28/97

'] / 3r /97

/

/97 J0CUMENT NAME:

G:\\FARLEY\\M98012.N0E OFFICIAL RECORD COPY