ML20138Q180
| ML20138Q180 | |
| Person / Time | |
|---|---|
| Site: | Cooper  |
| Issue date: | 02/28/1997 |
| From: | Gwynn T NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | Horn G NEBRASKA PUBLIC POWER DISTRICT |
| Shared Package | |
| ML20138Q184 | List: |
| References | |
| NUDOCS 9703060192 | |
| Download: ML20138Q180 (5) | |
See also: IR 05000298/1996030
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NUCLEAR REGULATORY COMMISSION
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FEB 2 81997
G. R. Horn, Senior Vice President
of Energy Supply
Nebraska Public Power District
141415th Street
Columbus, Nebraska 68601
SUBJECT: NRC INSPECTION REPORT 50-298/96-30
Dear Mr. Horn:
!
Thank you for your letter of January 24,1997,in response to our letter and Notice of
Violation (Notice) dated December 20,1996. In our Notice we cited your failure to comply
with the requirements of 10 CFR 50.59 for conducting spent fuel pool activities in a
manner inconsistent with that described in the USAR. Specifically, the USAR indicated
that the residual heat removal (RHR) system would be used to assist fuel pool cooling
when full core offloads were performed. On October 20,1995, the NRC contended that
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RHR was not available to service the spent fuel pool and a full core offload, which the
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USAR classified as an emergency heat load, was in progress.
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In your response, you did not dispute that a violation of 10 CFR 50.59 occurred, but you
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contended that the underlying issue of the violation would have been better characterized
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as a failure to properly update the CNS Final Safety Analysis Report (FSAR) pursuant to the
requirements of 10 CFR 50.71(e)(3). The NRC agrees that your failure to update the FSAR
pursuant to License Amendment 52 of September 1978 was a cause of facility operation
inconsistent with the USAR, but we maintain that a 10 CFR 50.59 violation did occur.
Such de facto" violations of 10 CFR 50.59 are discussed in the NRC's Enforcement
Guidance Memorandum (EGM)96-005 dated October 21,1996. The EGM describes that
10 CFR 50.59 may be used to form the basis for citations when the facility or procedures
never met the description in the FSAR. In this specific case your piocedures were not
designed to maintain RHR B available when performing full core offloads and we contend
that RHR B was not available to service fuel pool on October 20,1995, because it was
lined up to provide shutdown cooling and was required to perform its low pressure safety
injection (LPSI) function. It is our understanding that RHR A was down for maintenance at
the time.
Because your response focused on correcting what you perceived as a 10 CFR 50.71(e)
concern, the corrective actions pertained to your past and future efforts to update the
USAR. Therefore, the response was silent on what your corrective actions will be to
ensure that the facility is operated in conformance with the USAR. We are not asking that
you resubmit your response, but rather we are asking that you incorporate this issue into
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your discussions in the predecisional enforcement conference scheduled for April 15,
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1997, to discuss apparent violations identified in NRC Inspection Reports 50-298/96 24
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9703060192 970228
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and 50-298/96 31. Specifically, please be prepared to discuss your position relative to the
occurrences of October 20,1995, and whether they constituted violations of 10 CFR 50.59,10 CFR 50.71(e), or both,
if you have any questions, please contact Mr. Art Howell of the Region IV staff at
817/860-8180.
Sincerely,
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T. P. Gwynn, Actin
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Deputy Regional
mi istrat r
Docket No.: 50-298
License No.: DPR-46
CC:
John R. McPhail, General Counsel
Nebraska Public Power District
P.O. Box 499
Columbus, Nebraska 68602-0499
P. D. Graham, Vice President of
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Nuclear Energy
Nebraska Public Power District
P.O. Box 98
Brownville, Nebraska 68321
B. L. Houton, Nuclear Licensing
and Safci Manager
Nebraska Public Power District
P.O. Box 98
Brownville, Nebraska 68321
R. J. Singer, Manager-Nuclear
Midwest Power
907 Walnut Street
P.O. Box 657
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Des Moines, Iowa 50303
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Mr. Ron Stoddard
Lincoln Electric System
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11th and O Streets
Lincoln, Nebraska 68508
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Nebraska Public Power District
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Randolph Wood, Director
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Nebraska Department of Environmental
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Quality
P.O. Box 98922
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Lincoln, Nebraska 68509 8922
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Chairman
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Nemaha County Board of Commissioners
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Nemaha County Courthouse
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1824 N Street
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Auburn, Nebraska 68305
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Cheryl Rogers, LLRW Program Manager
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Environmental Protection Section
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Nebraska Department of Health
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301 Centennial Mall, South
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P.O.' Box 95007
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Lincoln, Nebraska 68509 5007
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Dr. Mark B. Horton, M.S.P.H.
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Director
Nebraska Department of Health
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P.O. Box 950070
Lincoln, Nebraska 68509-5007
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R. A. Kucera, Department Director
of intergovernmental Cooperation
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' Department of Natural Resources
P.O. Box 176
Jefferson City, Missouri 65102
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Kansas Radiation Control Program Director
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