ML20137E397

Discusses 970321 Notice of Enforcement Discretion Re Compliance W/Definition in TS for Instrument Response Time. NRC Concludes That NOED Should Be Granted to Avoid Undesirable Transients

ML20137E397
Person / Time
Site:	Brunswick
Issue date:	03/25/1997
From:	Reinhart M NRC (Affiliation Not Assigned)
To:	Campbell W CAROLINA POWER & LIGHT CO.
References
GL-93-08, GL-93-8, TAC-M98218, TAC-M98219, NUDOCS 9703270206
Download: ML20137E397 (4)

Text

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• fgh UNITED STATES g j 2

NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20656 4001 o

D..... March 25, 1997 i

Mr. W. R. Campbell, Vice President Carolina Power & Light Company Brunswick Steam Electric Plant Post Office Box 10429  !

Southport, North Carolina 28461 l

SUBJECT:

NOTICE OF ENFORCEMENT DISCRETION FOR CAROLINA POWER & LIGHT CO.

REGARDING THE BRUNSWICK STEAM ELECTRIC PLANT (BSEP), UNITS 1 AND 2 (TAC N0s. M98218 AND M98219)

Dear Mr. Campbell:

On March 21, 1997, the NRC notified Carolina Power & Light Co. (CP&L) of an issue at another facility regarding compliance with the definition in the Technical Specifications (TS) for instrument response time. The NRC requested that the licensee determine if a similar issue exists at the Brunswick Steam Electric Plant (BSEP).

By letter (BSEP 97-0119) dated March 22, 1997, CP&L requested that the NRC exercise discretion to not enforce compliance with the actions required in i BSEP Units 1 and 2 Technical Specifications (TS) Tables 3.3.1-1 (Reactor j Protection System Instrumentation), 3.3.2-1 (Isolation Actuation  !

Instrumentation), and 3.3.3-1 (Emergency Core Cooling System Actuation Instrumentation). That letter documented information previously provided to the NRC in a letter (BSEP 97-0117) dated March 21, 1997, and discussed with I the NRC in a telephone conversation on March 21, 1997, at 8:30 pm. As of 9:16

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pm (BSEP Unit 1) and 9:15 pm (BSEP Unit 2) on March 21, 1997, CP&L concluded ,

that instrumentation listed in the above TS tables are inoperable because  !

instrument response time surveillance testing required by TS 4.3.1.3, 4.3.2.3, i and 4.3.3.3 has not been performed in accordance with the instrumentation response time testing definitions contained in section 1.0 of the BSEP TS.

Under these circumstances, TS Tables 3.3.1-1, 3.3.2-1, and 3.3.3-1 require that the plants be placed in at least Hot Shutdown within 6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br />. CP&L requested that a Notice of Enforcement Discretion (N0ED) be issued pursuant to f the NRC's policy regarding exercise of discretion for an operating facility, t,)

set out in Section VII.c, of the " General Statement of Policy and Procedures i for NRC Enforcement Actions" (Enforcement Policy), NUREG-1600, and be I effective for a sufficient period of time for the NRC staff to review and .

approve a license amendment request clarifying response time testing \)

requirements. CP&L submitted this amendment request on March 24, 1997. \  ;

In accordance with the guidance provided in NRC Generic Letter 93-08, l " Relocation of Technical Specification Tables of Instrument Response Time Limits," a TS amendment was previously approved for BSEP 1 & 2 relocating the response time tables to the Updated Final Safety Analysis Report, i Subsequently, through imolementation of NRC staff-approved BWR Owners Group Topical Report, NED0-32291-A, " System Analysis for the Elimination of Selected n m n n ,- ,,

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i 2 l Response Time Testing Requirements," CP&L eliminated response time testing of l some sensors, components, and systems under the provisions of 10 CFR 50.59.

In its safety evaluation approving NED0-32291-A, the ytaff stated that the topical report formed the basis for plant-specific licensee TS amendment requests to eliminate selected response time testing requirements. With such elimination, measured response is no longer consistent with the TS definitions of response times, which include the time interval from when the monitored parameter exceeds its actuation setpoint at the sensor until the associated equipment is capable of performing its safety function.

CP&L has determined that there is no safety-significance and there are no potential adverse consequences associated with ti.e use of enforcement discretion for this issue. Qualitative response time testing was performed on selected instruments in accordance with the NRC-approved NED0-32291 Topical Report, ano this provides assurance of equipment operability. These components are subject to periodic' functional testing by channel functional

, testing and logic system functional testing, and no failure mechanism has been identified by CP&L for these components that would result in response time degradation. CP&L has determined that there is no impact on the BSEP Probabilistic Safety Assessment (PSA) core damage frequency estimate as a result of this condition.

The NRC staff is satisfied that the' safety-significance of this issue at the BSEP is minimal. In view of this, the NRC staff finds that enforcement discretion should be granted to avoid the potential for undesirable transients as a result of forcing compliance with the TS and, thus, minimize potential safety consequences and operational risks.

On the basis of the staff's evaluation of CP&L's request, the staff has concluded that a NOED is warranted because the staff is 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 the staff's intention to exercise discretion to not enforce compliance with TS Tables 3.3.1-1 (Reactor Protection System Instrumentation), 3.3.2-l'(Isolation Actuation Instrumentation), and 3.3.3-1 (Emergency Core Cooling System Actuation Instrumentation) for the period from 9:36 pm EST on March 21, 1997, to 9:36 pm EST on April 21, 1997. This letter documents the telephone conversation between the staff and CP&L at 8:30 pm EST on March 21, 1997, when the staff issued this notice of enfortement dis'e tion.

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.the noncompliance for which this N0ED was:necessary.,9 ' * -4 b J ' ~ I r > -

Sincerelyk .

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• 11 (OriginalSignedByNyLeFor). g j l

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• q Mark Reinhart, Acting Director. -

l Project, Directorate'II-1 s .I Division of Reactor Projects - I/IIs l Office of Nuclear. Reactor Regulation'- l l Docket Nos.'50-325 .

and 50-324 d 1 cc: 'See next page Distribution ,

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PDII-1 RF S. Collins /F. Miraglia R. Zimmerman S.1Varga )

J. Zwolinski l M.'Boyle l OGC C.. Grimes-ACRS J. Lieberman l J. Johnson, RII i 1

DOCUMENT NAME:'G:\BRUNSWIC\BR98218.LTR *See previous concurrence 0FFICE PM:PDII-1 LA:PDII-1 RII :DRP D:PDII-1 D:DRCH .,

j NAME DTrimble Dunningtonk RCrlenjak Mkeiryhart BBoger k g,cymn 4 -g/  !

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o Mr. W. R. Campbell Brunswick Steam Electric Plant Carolina Power & Light Company Units 1 and 2 J

cc:

Mr. William D. Johnson Ms. Karen E. Long

, Vice President and Senior Counsel Assistant Attorney General Carolina Power & Light Company State of North Carolina Post Office Box 1551 Post Office Box 629 Raleigh, North Carolina 27602 Raleigh, North Carolina 27602 Hr. Jerry W. Jones, Chairman Mr. Robert P. Gruber Brunswick County Board of Commissioners Executive Director Post Office Box 249 Public Staff - NCUC Bolivia, North Carolina 28422 Post Office Box 29520 Raleigh, North Carolina 27626-0520 Resident Inspector U.S. Nuclear Regulatory Commission Mr. W. Levis 8470 River Road Director Southport, North Carolina 28461 Site Operations Brunswick Steam Electric Plant  ;

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Regional Administrator, Region II Post Office Box 10429 U.S. Nuclear Regulatory Commission Southport, North Carolina 28461 101 Marietta St., N.W., Ste. 2900 Atlanta, Georgia 30323 Mr. William H. Crowe, Mayor City of Southport Mr. Nel Fry, Acting Director 201 East Moore Street Division of Radiation Protection Southport, North Carolina 28461 N.C. Department of Environment, Health and Natural Resources Mr. Dan E. Summers 3825 Barrett Dr. Emergency Management Coordinator Raleigh, North Carolina 27609-7721 New Hanover County Department of Emergency Management Mr. R. P. Lopriore Post Office Box 1525 -

Plant Manager Wilmington, North Carolina 28402 Carolina Power & Light Company Brunswick Steam Electric Plant Mr. T. D. Walt Post Office Box 10429 Director Southport, North Carolina 28461 Operations & Environmental Support Department Public Service Commission Carolina Power & Light Company State of South Carolina 412 S. Wilmington Street Post Office Drawer 11649 Raleigh, North Carolina 27601 Columbia, South Carolina 29211 Mr. K. R. Jury Mr. Milton Shymlock Manager - Regulatory Affairs U. S. Nuclear Regulatory Commission Carolina Power & Light Company 101 Marietta Street, N.W. Suite 2900 Post Office Box 10429 Atlanta, Georgia 30323-0199 Southport, NC 28461-0429