ML20137F384
| ML20137F384 | |
| Person / Time | |
|---|---|
| Site: | South Texas  |
| Issue date: | 03/27/1997 |
| From: | Merschoff E NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | Cottle W HOUSTON LIGHTING & POWER CO. |
| Shared Package | |
| ML20137F389 | List: |
| References | |
| EA-96-500, NUDOCS 9704010090 | |
| Download: ML20137F384 (6) | |
See also: IR 05000498/1996025
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UNITED STATES
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NUCLEAR REGULATORY COMMISSION
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REGloN IV
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611 RYAN PLAZA DRIVE, SulTE 400
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March 27, 1997
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EA 96-500
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William T. Cottle, Group Vice
President, Nuclear
Houston Lighting & Power Company
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Post Office Box 289
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Wadsworth, Texas 77483
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SUBJECT:
NOTICE OF VIOLATION AND EXERCISE OF ENFORCEMENT DISCRETION
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(NRC SPECIAL INSPECTION REPORT 50-498/96-25;50-499/96-25)
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Dear Mr. Cottle:
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This refers to the February 6,1997, letter submitted by Houston Lighting & Power
Company (HL&P) in response to the apparent violations identified in NRC Inspection
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Report 50-498/96-25;50-499/96-25, issued on December 11,1996. NRC's inspection
was completed on December 6,1996. As indicated ir. the NRC letter transmitting the
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inspection report, two apparent violations were identified involving leakage from a valve in
the safety injection system at South Texas Project (STP), Unit 2. HL&P was given a
choice of requesting a predecisional enforcement conference or submitting a written
response to the apparent violations. HL&P first opted for a conference, but rescinded that
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request on January 23,1997, and chose to submit a written response to the apparent
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violations.
In its February 6 response, HL&P did not dispute the apparent violations and described
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specific actions taken to correct each of them and the broader issues associated with
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them. These actions included repairing the leaking valve, assuring that no other leakage
paths existed, and implementing various measures aimed at ensuring a careful assessment
of any plant conditions that may impact design basis margins. A more detailed description
of these actions is contained in HL&P's February 6 letter.
Based on the information developed during the inspection, and the information that HL&P
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provided in its response to the inspection report, the NRC has determined that a violation
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of NRC requirements occurred. This violation is cited in the enclosed Notice of Violation
(Notice) and concerns a failure to promptly identify and correct a significant nonconforming
condition, namely a safety injection system valve that was leaking excessively and at a
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rate greater than th?t described in the facility's Updated Final Safety Analysis
Report (UFSAR). Consequently, this failure to identify the significance of the condition led
to a failure to perform an evaluation pursuant to the requirements of 10 CFR 50.59, to
determine if operation of the safety injection system in a manner different from that
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described in the UFSAR constituted an unreviewed safety question.
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9704010090 970327
ADOCK 05000498
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Houston Lighting &
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The NRC's primary concern about this violation is the failure of plant staff to recognize the
significance of safety injection system leakage outside containment. Leakage from this
valve into the Fuel Hwdling Buildi~j, a significant condition adverse to quality, was
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identified by plant operators in Febhary 1996, and was not scheduled for repair until
June 1997. As discussed in the inspection report, at least six reviewers of the condition
report which described this leakage, including licensed operators and the system engineer,
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failed to recognize the potential impact of system leakage on doses to control room
personnel in the event of a loss of coolant accident. Further, the leakage was
approximately 20 times the amount assumed for dose calculations contained in UFSAR
Table 15.6-12, and this condition was not evaluated in accordance with 10 CFR 50.59 in
order to determine if an unreviewed safety question existed or if it was appropriate to
delay repairs until June 1997. The NRC considers that degraded or nonconforming
conditions not permanently resolved at the first available opportunity are,in essence, de
facto changes to the facility that should be evaluated under 10 CFR 50.59. In this case,
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the failure to fully evaluate the degraded condition resulted in the failure to identify an
unreviewed safety question. Appropriate action was finally taken in October 1996, but
only af ter the issue was raised by the NRC's resident inspector at STP in September 1996.
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Thus, for approximately 8 months, a condition existed which would have resulted in
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significantly higher doses to control room personnel and to increased radioactivity released
from the facility had a loss of coolant accident occurred.
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In accordance with the " General Statement of Policy and Procedure for NRC Enforcemant
Actions" (Enforcement Policy), NUREG-1600, the violation described above and in the
Notice has been categorized at Severity Level ill. In accordance with the Enforcement
Policy,'a civil penalty with a base value of $50,000 is considered for a Severity Level lll
violation. ' Because your facility has been the subject of escalated enforcement action
within the last 2 years', the NRC considered whether credit was warranted for
/dentification and Corrective Action in accordance with the civil penalty 1ssessment
process in Section VI.B.2 of the Enforcement Policy. As indicated above, this problem was
identified by the NRC, thus HL&P is not deserving of credit for identification. Based on our
review of the actions you have taken, as described in your February 6 letter, we have
determined that credit for corrective action is warranted.
The NRC's consideration of the factors described above normally would result in the
assessment of a civil penalty at tr.e base value. However, we note as HL&P did in its
February 6 letter, that the events that led to the escalated enforcement actions
summarized in Footnote 1, occurred more than 2 years prior to the discovery of the
violations at issue in this case. The NRC has taken this into consideration and has
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determined that this fact, in conjunction with the recent overall good performance at STP
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' On October 17,1995, a Notice of Violation and Proposed imposition Civil Penalty in
the amount of $160,000 was issued for violations involving discrimination of security
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personnel in 1992. On September 19,1996, a Noticr of Violation and Proposed
imposition of Civil Penalty i,n the amount of $200,000 was issued for violations involving
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discrimination of contract personnel at STP in 1991 and early 1994.
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Houston Lighting &
Power Company
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warrants the exercise of discretion in accordance with Section Vil.B.6 of the Enforcement
Policy. Therefore, after consultation with the Director, Office of Enforcement and the
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Deputy Executive Director for Regulatory Effectiveness, Program Oversight, investigations
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and Enforcement, no civil penalty is being proposed in this case. However, HL&P is on
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notice that significant violations in the future, particularly a recurrence of the violation
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described in the Notice, could result in a civil penalty,
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The NRC has concluded that information regarding the reasons for the violation, the
corrective actions taken and planned to correct the violation and prevent recurrence, and
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the date when full compliance was achieved is already adequately addressed on the docket
in Inspection Report No. 50-498/96-25;50-499/96-25 and HL&P's letter dated February 6,
1997. Therefore, you are not required to respond to this letter unless the description in
the referenced correspondence does not accurately reflect your corrective actions or your
position. In that case, or if you choose to provide additional information, you should follow
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the instructions specified in the enclosed Notice.
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In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter,
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its enclosure, and any response you choose to submit will be placed in the NRC Public
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Document Room (PDR).
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Sincerely,
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Ellis W. Merschof
Regional Admini rator
Dockets: 50-498; 50-499
Enclosure: Notice of Violation
cc w/ enclosure:
Lawrence E. Martin, General Manager
Nuclear Assurance & Licensing
Houston Lighting & Power Company
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P.O. Box 289
Wadsworth, Texas 77483
Mr. J. C. Lanier/Mr. M. B. Lee
City of Austin
Electric Utility Department
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721 Barton Springs Road
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Houston Lighting &
Power Company
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Mr. K. J. Fiedler/Mr. M. T. Hardt
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City Public Service Board
P.O. Box 1771
San Antonio, Texas 78296
Jack R. Newman, Esq.
1800 M. Street, N.W.
Washington, D.C. 20036-5869
Mr. G. E. Vaughn/Mr. C. A. Johnson
Central Power & Light Company
P.O. Box 289, Mail Code: N5012
Wadsworth, Texas 77483
Records Center
700 Galleria Parkway
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Atlanta, Georgia 30339-5957
Dr. Bertram Wolfe
15453 Via Vaquero
Monte Sereno, California 95030
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Bureau of Radiation Control
State of Texas
1100 West 49th Street
Andy Barrett, Director
Environmental Policy
Office of the Governor
P.O. Box 12428
Judge, Matagorda County
Matagorda County Courthouse
1700 Seventh Street
Bay City, Texas 77414
Licensing Representative
Houston Lighting & Power Company
Suite 610
Threa Metro Center
Bethesda, Maryland 20814
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Houston Lighting &
Power Company
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Rufus S. Scott, Associate
General Counsel
Houston Lighting & Power Company
P.O. Box 61867
Houston, Texas 77208
Joseph R. Egan, Esq.
Egan & Associates, P.C.
2300 N Street, N.W.
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Washington, D.C. 20037
Mr. J. W. Beck
Little Harbor Consultants, Inc
44 Nichols Road
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Cohasset, MA 02025-1166
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Houston Lighting &
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TPGwynn ( Iy/)(
EWMerschoff
3/13/97
3/19/97
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- previously concurred
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OFFICIAL RECORD COPY
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