ML20154J342

Responds to Forwarding Response of 2 Individuals to NRC DFI Issued 971219 to Yaec & Duke Engineering & Services Inc.Dfi Did Not Require Response from Individuals Identified in DFI as LOCA Group Mgr & Lead Engineer

ML20154J342
Person / Time
Site:	Maine Yankee
Issue date:	10/08/1998
From:	Collins S NRC (Affiliation Not Assigned)
To:	Robeck M BAKER & BOTTS
Shared Package
ML20154J347	List: ML20154J342 ML20154J436 ML20154J451
References
EA-97-387, NUDOCS 9810150215
Download: ML20154J342 (4)

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j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 30N6 0001

% October 8,1998 EA 97-387 Mark R. Robeck, Esq.

Baker & Botts 1600 San Jacinto Center -

98 San Jacinto Blvd.

Austin,TX 78701-4039

SUBJECT:

RESPONSE OF TWO INDMDUALS TO U.S. NUCLEAR REGULATORY COMMISSION (NRC) DEMAND FOR INFORMATION (Ol Report No.1-95-050)

DearMr. Robeck:

This letter is in response to your letter dated March 12,1998, forwarding the response of two .

Individualc to an NRC Demand for Information (DFI) issued on December 19,1997, to Yankee Atomic Electric Company (YAEC) and Duke Engineering and Services, Inc. (DE&S). The DFl

~ did not require a response from the two individuals identified in the DFl as the Loss-of-Coolant Accident (LOCA) Group Manager and the Lead Engineer. On December 19,1997, the NRC staff also issued a related letter to Maine Yankee Atomic Power Company (MYAPCo) identifying apparent violations of NRC requirements. MYAPCo responded to the apparent violations in writing on April 6,1998, and in a predecisional enforcement conference on April 23,

' 1998. DE&S responded to the DFl by letter dated February 27,1998, and YAEC responded to the DFl by letter dated March 11,1998.

~

The DFl articulated NRC concems regarding actions taken by the LOCA Group that may have caused: (1) the u'se of unacceptable evaluation models by MYAPCO to calculate emergency core cooling system (ECCS) performance for the Maine Yankee Atomic Power Station (MYAPS) because the evaluation models were not capable of calculating ECCS performance over the entire spectrum of postulated break sizes, (2) the maintenance and submission by MYAPCo of information that was not complete and accurate In all material respects, (3) the use

.by MYAPCo of an unacceptable evaluation model to calculate ECCS performance at MYAPS /

because of the incorrect application of the Alb-Chambre correlation, and (4) the use of an /

unacceptable best estimate evaluation model to calculate ECCS performance at MYAPS in an analysis of reduced steam generator pressure. The DFl required YAEC and DE&S to explain why they should be permitted to perform LOCA analyses or any safety-related analyses to meet f NRC requirements and why the NRC should not consider the unacceptable analyses to be the 1 result of willfulness on the part of YAEC and/or DE&S personnel. The DFl was also addressed to DE&S because shortly before issuance of the DFI, DE&S had acquired the YAEC Nuclear Services Division (NSD), which incu Ms the LOCA Group.

The NRC staff has completed its review of the responses of YAEC, DE&S, and the two individuals to the DFl. In light of the entire record, the staff concludes that the actions taken by the YAEC LOCA Group staff caused MYAPCo to be in violation of Commission requirements in a number of areas, but that these actions did not result from willfulness on the part of DE&S and/or YAEC employees. The violations are cited in a Notice of Violation issued concurrently l

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M. R. Robeck l on this day to MYAPCo, a copy of which is enclosed for your information. Letters to DE&S and -

to YAEC regarding their responses to the DFl are being issued concurrently on this day by the staff, and copies are enclosed for your information.

l-l The response of DE&S discussed the circumstances surrounding the violations, and addressed I

actions taken by YAEC and DE&S, and DE&S's commitment, to prevent recurrence of the events that gave rise to the DFL The responses of the two individuals state that they generally l agree with the conclusions of the DE&S response, especially that they had not acted with J careless disregard for NRC requirements. The staff, however, notes some ambiguity in the responses of the two individuals regarding the small-break LOCA (SBLOCA) analysis provided by YAEC to MYAPCo for operation of the MYAPS in Cycle 14. The LOCA Group Manager

stated that it is his opinion that the analysis provided a " valid and conservative SBLOCA l analysis", and the Lead Engineer stated that she believes that the analysis is " technically l defensible." It might be inferred from these statements that the two individuals still believe the l analysis complies with NRC requirements or dispute the NRC staff's position as to the l application of 10 C.F.R. 9 50.46(a). The staff, however, relies upon the response of DE&S to I

the DFl to conclude that there is reasonable assurance that DE&S, including the NSD and the LOCA Group, will conduct its activities in accordance with NRC requirements. The staff expects that, regardless of their personal views as to the validity or technical defensibility of the SBLOCA analysis, the LOCA Group Manager and Lead Engineer in the future will conduct their activities in compliance with NRC requirements and consistent with DE&S policies and procedures fashioned to ensure compliance with NRC requirements. If either individual has a different understanding, he or she shall notify the undersigned immediately.

In accordance with 10 C.F.R. @ 2.790 of the NRC's " Rules of Practice," a copy of this letter, its enclosures, and any response (although none is required) will be placed in the NRC Public Document Room (PDR).

I Sincerely, p ctor Office of Nuclear Reactor Regulation

Enclosures:

As stated cc w/ enc: Duke Engineering & Services, Inc.

Yankee Atomic Electric Company Maine Yankee Atomic Power Company i

i 1

?

• l , October 8,1998 l

M. R. Robeck l on this day to MYAPCo, a copy of which is enclosed for your information. Letters to DE&S and i

to YAEC regarding their responses to the DFl are being issued concurrently on this day by the staff, and copies are enclosed for your information.

The response of DE&S discussed the circumstances surrounding the violations, and addressed actions taken by YAEC and DE&S, and DE&S's commitment, to prevent recurrence of the events that gave rise to the DFl. The responses of the two individuals state that they generally agree with the conclusions of the DE&S response, especially that they had not acted with l

careless disregard for NRC requirements. The staff, however, notes some ambiguity in the l responses of the two individuals regarding the small-break LOCA (SBLOCA) analysis provided by YAEC to MYAPCo for operation of the MYAPS in Cycle 14. The LOCA Group Manager stated that it is his opinion that the analysis provided a " valid and conservative SBLOCA analysis", and the Lead Engineer stated that she believes that the analysis is " technically defensible." It might be inferred from these staiements that the two individuals still believe the

analysis complies with NRC requirements or dispute the NRC staff's position as to the application of 10 C.F.R. @ 50.46(a). The staff, however, relies upon the response of DE&S to the DFl to conclude that there is reasonable assurance that DE&S, including the NSD and the LOCA Group, will conduct its activities in accordance with NRC requirements. The staff expects that, regardless of their personal views as to the validity or technical defensibility of the l SBLOCA analysis, the LOCA Group Manager and Lead Engineer in the future will conduct their activities in compliance with NRC requirements and consistent with DE&S policies and procedures fashioned to ensure compliance with NRC requirements. If either individual has a different understanding, he or she shall notify the undersigned immediately.

In accordance with 10 C.F.R. @ 2.790 of the NRC's " Rules of Practice," a copy of this letter, its enclosures, and any response (although none is required) will be placed in the NRC Public Document Room (PDR). l

Sincerely, Original Signed by

1 Samuel J. Collins, Director Office of Nuclear Reactor Regulation

Enclosures:

As stated

cc w/ enc

Duke Engineering & Services, Inc.

l Yankee Atomic Electric Company Maine Yankee Atomic Power Company )

DISTRIBUTION:

Docket File S. Collins /F. Miraglia J. Zwolinski (A) D. Dorman R/F PUBLIC B. Boger (A) J. Goldberg, OGC S. Little l DOCUMENT NAME: A:\DFl_B&B.CLO *See previous concurrence l To receive a copy of this document, indicate in the box: "C" = Copy without ,

attachment / enclosure "E" = Copy with attachment / enclosure "N" = No copy j

OFFICE TA:DRPE ,, , lE Tech Ed* l LA:PDI 1N l D:DRPE(A)* g l SRXB*

NAME Doorman:lec W BCelure $Little Mg JZwolinskt /l/ TCollins l - - - .

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NAME JLiebernlan B8oger ~N // GLongo (NLO w/ changes) % Collins DATE 10/ o'7/98 10/'l /98 l' 10/6/98 10/8 /98 10/ /98 Official Rdcord Copy 4

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4 ,

October 8,1998 M. R. Robeck  !

! on this day to MYAPCo, a copy of which is enclosed for your information. Letters to DE&S and to YAEC regarding their responses to the DFl are being issued concurrently on this day by the staff, and copies are enclosed for your information.

The response of DE&S discussed the circumstances surrounding the violations, and addressed actions taken by YAEC and DE&S, and DE&S's commitment, to prevent recurrence of the events that gave rise to the DFl. The responses of the two individuals state that they generally l agree with the conclusions of the DE&S response, especially that they had not acted with l

! careless diragard for NRC requirements. The staff, however, notes some ambiguity in the l l responses of the two individuals regarding the small-break LOCA (SBLOCA) analysis provided i by YAEC to MYAPCo for operation of the MYAPS in Cycle 14. The LOCA Group Manager l stated that it is his opinion that the analysis provided a " valid and conservative SBLOCA l analysis", and the Lead Engineer stated that she believes that the analysis is " technically l defensible." It might be inferred from these statements that the two individuals still believe the analysis complies with NRC requirements or dispute the NRC staff's position as to the l I

application of 10 C.F.R. 50.46(a). The staff, however, relies upon the response of DE&S to '

the DFl to conclude that there is reasonable assurance that DE&S, including the NSD and the LOCA Group, will conduct its activities in accordance with NRC requirements. The staff expects that, regardless of their personal views as to the validity or technical defensibility of the l SBLOCA analysis, the LOCA Group Manager and Lead Engineer in the future will conduct their activities in compliance with NRC requirements and consistent with DE&S policies and procedures fashioned to ensure compliance with NRC requirements. If either individual has a different understanding, he or she shall notify the undersigned immediately.

In accordance with 10 C.F.R. $ 2.790 of the NRC's " Rules of Practice," a copy of this letter, its enclosures, and any response (although none is required) will be placed in the NRC Public Document Room (PDR).

Sincerely, Original Signed by:

Samuel J. Collins, Director Office of Nuclear Reactor Regulation i

Enclosures:

As stated

! cc w/ enc: Duke Engineering & Services, Inc.

Yankee Atomic Electric Company Maine Yankee Atomic Power Company DISTRIBUTION:

{ Docket File? S. Collins /F. Miraglia J. Zwolinski (A) D. Dorman R/F PUBLIC B. Boger (A) J. Goldberg, OGC S. Little DOCUMENT NAME: A:\DFl_B&B.CLO *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 j OFFICE TA:DRPE ,, , lEl Tech Ed* l l LA:PDI-1N l I D:DRPE(A)* g l l SRXB*

NAME D0orman:lec, W ' BCature SLittle Mg JZwolinski/l./ TCollins DATE 10/ 7 /98 ~" 9/8/98 / 10/ 7 /98 / 09/1 % 09/30/98 0FFICE Wa d_ l ADPR(A) gd OGC* l ):4fj l NAME JLiebernian BBoger ~N // GLongo (NLO w/ changes) 3 Collins DATE 10/ O '7/98 10/ 1 /98 l' 10/6/98 10/8 /98 10/ /98 Official Rdcord Copy I

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