ML20154J436

Responds to Forwarding Response of Duke Engineering & Services,Inc to NRC DFI Issued 971219 to Duke Engineering & Services,Inc & Yaec

ML20154J436
Person / Time
Site:	Maine Yankee
Issue date:	10/08/1998
From:	Collins S NRC (Affiliation Not Assigned)
To:	Mcmeekin T DUKE ENGINEERING & SERVICES
Shared Package
ML20154J347	List: ML20154J342 ML20154J436 ML20154J451
References
EA-97-387, NUDOCS 9810150231
Download: ML20154J436 (3)

Text

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ug g y UNITED STATES g B L NUCLEAR REGULATORY COMMISSION j WASHINGTON, D.C. 30086 4001 o,"'+ 0ctober 8,1998

,***** /

! EA 97-387 Mr. T. C. McMeekin President & Chief Executive Officer Duke Engineering & Services, Inc.

L 1400 South Tryon Street L P. O. Box 1004 ' i L . Charlotte, NC 28201-1004 l

SUBJECT:

RESPONSE OF DUKE ENGINEERING & SERVICES, INC. TO NRC DEMAND FOR INFORMATION (OI Report No.1-95-050)

Dear Mr. McMeekin:

This letter is in response to your letter dated February 27,1998, fowarding the response of l Duke Engineering & Services, Inc. (DE&S) to an NRC Demand for Information (DFI) issued on L December 19,1997, to DE&S and Yankee Atomic Electric Company (YAEC). On December l 19,1997, the NRC staff also issued a related letter to Maine Yankee Atomic Power Company (MYAPCo) identifying apparent violations of NRC requirements by MYAPCo. MYAPCo y responded to the apparent violations in writing on April 6,1998, and in a predscisional

, enforcement conference on April 23,1998. YAEC responded to the DFl by letter dated March

'11,1998. Although the DFl did not require a response from the two individuals identified therein as the YAEC Loss-of-Coolant Accident (LOCA) Group Manager and the Lead Engineer, they responded by letter dated March 12,1998.

4 The DFl articulated NRC concems regarding actions of the LOCA Group that may have L caused: (1) the use 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 l unacceptable best estimate evaluation model to calculate ECCS performance at MYAPS in an

' anlaysis of reduced steam generator pressure. The DFl required YAEC and DE&S to explain

.why they should be permitted to perfom LOCA analyses or any safety-related analyses to meet t NRC requirements and why the NRC should not consider the unacceptable analyses to be the >

result of willfulness on the part of YAEC and/or DE&S personnel. The DFl was addressed to DE&S because shortly before issuance of the DF1, DE&S had acquired the YAEC Nuclear Services Division (NSD), which includes the LOCA Group.

The DE&S response to the DFl states that DE&S was aware of the concems discussed in the l- DFl before DE&S acquired the YAEC LOCA Group. DE&S provided the results of reviews and 3

assessments performed by or on behalf of DE&S as part of the acquisition. These

! . assessments included (1) independent reviews of the findings, recommendations, and L . 981015G',231 981008

! PDR AD"JCK 05000309

! P PDR g lI , - -. - - - - , -

T. C. McMeekin corrective actions from three teams previously formed by YAEC; (2) reviews of engineering and technical work processes and' quality assurance programs at YAEC; (3) Independent review of the technical issues related to the small-break LOCA (SBLOCA) analyses for MYAPS; (4) a legal assessment of potential willfulness of personnel actions related to SBLOCA analyses; and (5) review of a sampling of analyses performed for other NRC licensees.

i in response to the DFI, DE&S also discussed improvements in the quality of YAEC procedures and work products; strengthened leadership in the Bolton, Massachusetts, office of DE&S (formerly YAEC NSD); and enhanced communication with nuclear clients, as providing the basis for concluding that safety-related analyses, products, and services provided by DE&S to NRC power reactor licensees will meet NRC requirements, including the provision of complete and accurate information.

DE&S further stated that although inadequate analyses may have been performed, DE&S found no willfulness on the part of DE&S (formerly YAEC) employees. In support of that conclusion, DE&S stated that before the DE&S acquisition, the YAEC LOCA Group had operated in isolation from the industry and from LOCA analysis experts on the NRC staff, and that although the analyses of the YAEC LOCA Group were not consistent with industry practice or NRC expectations, the conclusions reached by the YAEC LOCA Group seemed reasonable to them at the time. Therefore, DE&S concluded that the decisions made by the YAEC LOCA Group did not rise to careless disregard or deliberate violation of Commission requirements.

The NRC staff has completed its review of the responses of DE&S, YAEC, 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 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 on this day to MYAPCo, a copy of which is enclosed for your information. Letters to YAEC and to the two individuals regarding their response to the DFl are being issued concurrently on this day by the staff, and copies are enclosed for your Information.

The staff further concludes that the corrective actions accomplished and planned, as discussed in the DE&S response to the DFI, provide a basis for reasonable assurance that in the future, the NRC and licensees can rely upon DE&S to provide complete and accurate information and that DE&S is willing and able to otherwise conduct its activities in accordance with the Commission's requirements. Therefore, the NRC staff has determined that no further enforcement action shall be taken against YAEC or DE&S regarding the actions of the LOCA Group at concem in the DFl. Any further review of DE&S activities in support of NRC licensees will be conducted through the staff's routine inspection and licensing review processes.

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 L Maine Yankee Atomic Power Station 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 4

inferred from these statements that the two individuals still believe the analysis that was l provided to MYAPCo complies with NRC requirements or dispute the NRC staff's position as to

4 T. C. McMeekin '

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 thdre 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. The staff has directed <

that 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 i Document Room (PDR).

Sincerely, ctor Office of Nuclear Reactor Regulation l

Enclosures:

As stated cc w/ enc: Yankee Atomic Electric Company Maine Yankee Atomic power Company Mark R. Robeck, Baker & Botts l

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