ML20149J372
| ML20149J372 | |
| Person / Time | |
|---|---|
| Site: | Maine Yankee |
| Issue date: | 07/23/1997 |
| From: | Zwolinski J NRC (Affiliation Not Assigned) |
| To: | Myers H AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20149J376 | List: |
| References | |
| NUDOCS 9707280192 | |
| Download: ML20149J372 (5) | |
Text
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nuqk UNITED STATES p
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NUCLEAR REGULATORY COMMISSION g,,, pp 7 d
2 WASHINGTON. D.C. 20885 0001
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July 23, 1997 Mr. Henry R. Myers Post Office Box 88 Peaks Island, ME 04108
Dear Mr. Myers:
I am responding to your letters of April 24. May 5. and May 19, 1997, concerning the significance of deficiencies identified at Maine Yankee Atomic Pwer Station (MYAPS).
Let me assure you that the NRC staff clearly recognizes that the equi ament, design, and human performance problems at MYAPS were significant in tlat they negatively affected safety margins.
Indeed, the Regional Administrator specifically noted this in the comments to which you refer and stated that fundamental change is required. The significant actions that have been taken by the NRC underscore the fact that the staff does not minimize the nature or importance of these deficiencies.
By the " Confirmatory Order Suspending Authority for and Limiting Power Operation and Containment Pressure (Effective Immediately) and Demand for Information" (Order), dated January 3,1996, the NRC staff limited power and containment pressure pending submission of, among other things, a small-break loss-of-coolant accident (SBLOCA) evaluation model that conforms to the guidance of Three Mile Island (TMI) Action Plan (NUREG 0737) Items II.K.3.30 and II.K.3.31. The NRC also performed an Independent Safety Assessment (ISA), the results of which were documented in a report dated October 10, 1996. Throughout the fall of 1996, the staff conducted a substantial amount of inspection to follow up on issues raised in the ISA report. The staff's findings were documented in Inspection Reports 50-309/96-09,--10. -11, and -16.
When items of non-compliance were discovered in the electrical area, the staff issued a confirmatory action letter (CAL), CAL No.
1-96-015. dated December 18. 1996, to ensure that those issues would be fully resolved before plant startup.
Subsequently, the scope of the CAL was expanded.
(See CAL No. 1-96-015, Supplement 1, dated January 30, 1997.)
In January 1997, the staff placed the MYAPS on the NRC watch list.
In addition, Inspection Report 50-309/96-16, dated February 11, 1997, identified 16 potential violations of NRC requirements, which were the subject of an open predecisional enforcement conference held in Wiscasset. Maine, on March 11, 1997.
Finally, in February 1997, the staff initiated its restart review process consistent with NRC Inspection Manual Chapter 0350 to ensure that safety / compliance issues are thoroughly reviewed and appropriately addressed before plant restart.
With respect to your conclusion that the NRC is not insisting upon licensee I
compliance with regulatory requirements. as mentioned in Samuel Collins' letter to you of April 23. 1997, the NRC staff expects licensees to comply D$l j
with all applicable requirements and will take enforcement action, as necessary, to ensure such compliance.
In fact, the reason the NRC staff was
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NRC IRE CENTER COPY
Mr. Henry R. Myers at the plant site on March 11, 1997, was to conduct an enforcement conference to review issues that have emerged at MYAPS.
Final enforcement decisions have not been made, but it is because apparent violations of regulations are a i
serious matter that the March 11-enforcement conference was conducted.
When non-compliances occur, the NRC must evaluate the degree of risk posed by that non-compliance to determine if specific immediate action is required.
Where needed to ensure adequate protection of public health and safety. the
-NRC may demand immediate licensee action, up to and including a shutdown.
In j
addition, the NRC must evaluate tt,e non-compliance both in terms of its direct.
safety and regulatory significance and by assessing whether it is part of a pattern of non-compliance (i.e., the degree of pervasiveness) to determine the ap]ropriate action to be taken, including refraining from taking any action.
tacing specific enforcement action, issuing orders, or providing input to other regulatory actions or assessments, such as increased oversight (e.g.,
the Watch List.)
j In your letters of April 24 and May 19. 1997. you ask whether the NRC has
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changed its position regarding Maine Yankee compliance with TMI Action Plan a
Items II.K.3.30 and II.K.3.31 at 2440 MWt.
You refer to a statement in a i
letter to you dated April 14, 1997, that the January 3, 1996 Order accounts for the SBLOCA modeling uncertainties addressed by TMI Action Plan Items II.K.3.30 and II.K.3.31. and question whether this is inconsistent with NRC l
responses to Mr. Christine on April 10. 1996, and Mr. Hewett on April 26.
1996, that Maine Yankee was not in compliance with Items II.K.3.30 and i
II.K.3.31 at 2440 MWt.
There is no inconsistency. As explained in the January 3. 1996 Order and in many subsequent letters to you. Maine Yankee did not conform to the guidance of TMI Action Plan Items II.K.3.30 and II.K.3.31 i
at 2440 MWt. The staff took into consideration the modeling uncertainties i
addressed by II.K.3.30 and II.K.3.31 before determining that the power reduction to 2440 MWt provided sufficient margin.
As explained in Chairman i
Jackson's January 31, 1997. letter to you, the licensee subsequently performed analyses that confirmed the staff's judgement that for operation at 2440 MWt.
j there is substantial margin to the criteria specified in 10 CFR 50.46. The January 31 letter enclosed NRC Ins)ection Report 50-309/96-01, which
~
documented the staff's review of tie licensee's analyses.
As we have stated in previous correspondence to you, the January 3. 1996 Order required submission of an SBLOCA analysis that conforms with these TMI Action Plan Items. The licensee submitted a new SBLOCA analysis on April 25, 1996, and the NRC staff is evaluating it.
In addition, you requested clarification of the " concerns which prompted" the NRC to issue the guidance of TMI Action Plan Items II.K.3.30 and II.K.3.31. The NRC issued this guidance in NUREG 0737 based on the concerns discussed therein.
In your letter of April 24, 1997. you cuestion the legal soundness of the Order of January 3, 1996. As explainec to you in Chairman Jackson's January 31, 1997 letter, the NRC's Office of the General Counsel (0GC) gave advice anc counsel to the NRC staff during the development of the Order, and in OGC's view, the Order is legally sound.
i
.c Mr. Henry R. Myers I trust this information is responsive to your concerns about the Maine Yankee plant.
Sincerely.
Original signed by Bruce Boger for
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John A. Zwolinski. Deputy Director Division of Reactor Projects I/II Office Of Nuclear Reactor Regulation DOCUMENT: G:\\DORMAN\\G970318 *See Previous Concurrence To receive a copy of this document. indicate in the box:
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DUE: 05/25/97 EDO CO: TROL: G970318
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DOC DT: 04/24/97 FINAL REPLY:
- lH:nry R. Myers
- )PCOk3 Island, Maine
!(TO:
if Chairman Jackson
.lFORSIGNATUREOF:
- GRN CRC NO: 97-0414
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J. Zwolinski
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ll MAINE YANKEE Callan ij Jordan Thompson Norry Blaha i
'i Burns iDATE: 05/02/97 Miller, RI Cyr, OGC
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CONTACT:
Bell, OIG
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_NRR Collins iESPECIAL INSTRUCTIONS OR REMARKS:
R3f. G970119 i
NRR RECEIVED:
MAY 2, 1997 JRRACTION:
DRPE:VARGA NRR ROUTING:
COLLINS MIRAGLIA ZIMMERMAN MARTIN SLOSSON ACTlDil TRAVERS B0HRER DUE TO NRR DIRECTOR'S OFFICE BY b x,
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PAPER NUMBER:
CRC-97-0414 LOGGING DATE: May 1 97 ACTION OFFICE:
EDO I
AUTHOR:
HENRY MYERS 2
AFFILIATION:
MAINE ADDRESSEE:
CHAIRMAN JACKSON LETTER DATE:
Apr 25 97 FILE CODE: IDR S MAINE' YANKEE
SUBJECT:
MAINE YANKEE ACTION:
Direct Reply DISTRIBUTION:
CHAIRMAN SPECIAL HANDLING: SECY TO ACK I
CONSTITUENT:
1 NOTES:
OCM #8351 DATE DUE:
May 15 97 1
SIGNATURE:
DATE SIGNED:
RFFILIATION:
1 1
1 EDO -- G970318