ML20197H090

Discusses Insp Repts 50-324/97-12 & 50-325/97-12 Completed on 971108.Violation Noted Re Failure to Identify USQ & Seek License Amend.Concludes Enforcement Discretion Warranted.Nov Will Not Be Issued

ML20197H090
Person / Time
Site:	Brunswick
Issue date:	12/10/1997
From:	Reyes L NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:	Hinnant C CAROLINA POWER & LIGHT CO.
References
50-324-97-12, 50-325-97-12, EA-97-521, NUDOCS 9712310188
Download: ML20197H090 (4)

See also: IR 05000324/1997012

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December 10, 1997

EA 97 521- j

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Carolina Power and Light Company

ATTN:~Mr. C. S. Hinnant

Vice President i

Brunswick Steam Electric Plant

P. O. Box 10429

Southport, North Carolina 28461

-SUBJECT: EXERCISE OF ENFORCr. MENT DISCRETION

(NRC-INTEGRATED INSPECTION REPORT 50 325, 324/97 12) 1

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Jear Mr. Hinnant:

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On November 8,1997, the NRC completed an inspaction at your Brunswick reactor ,

facility. You were informed of the inspection findings in an exit interview t

conducted on November 13. 1997. The results of that inspection were 7

documented in NRC Inspection Report 50 325(324)/97 12.

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During the inspection, the NRC examined Carolina Power and Light Company's

(CP&L) review related to IF 300 Spent Fuel Cask activities. On December 24,

1996, the NRC requested additional information from CP&L regarding NRC

Bulletin 92 02, Movement of Heavy Loads Over Spent Fuel, Over Fuel in the

Reactor Core, or Over Safety Related Equipment. During CP&L's review

undertaken in response to our request..your staff determined that certain

spent fuel shipping cask handling activities had been ronducted outside the

design and licensing bases of the Brunswick plant. Specifically, the cask was

lifted from the primary, non single failure proof lift to the second1ry lift '

.with the valve box covers removed. Movement in this manner was not addressed

in the shipping cask configuration drop analysis. Consequently. CP&L stopped

-any further cask movement. The condition was reported to the NRC in

accordance with 10 CFR 50.73 on June 5, 1997 (Licensee Event Report (LER) 50- i

325, 324/97 04). On August 6, 1997. CP&L submitted a request for NRC review

of the condition after concluding the issue involved an unreviewed safety

' question (USQ).

Updated Final Safety Analysis Report (UFSAR), Section 9.1.4.2.3.2. Safety

Analysis,- states that a drop of the spent fuel cask during transfer is

.. extremely improbable, in part, because redundancy is employed in all vital .

M mrtion's of the cask hoisting mechanism and conservative design margins have

men used for cask related handling equi ment. Although the UFSAR did not

-specifically discuss movement-of the cast with the valve box covers removed,

the underlying safety analysis for cask movement assumed the cask was in the

shipping configuration with the valve covers installed, Movement of the spent

fuel cask with a non single failure proof lift and with less than the full  :

cask integrity constituted-a change to the facility. The change had not been ) ,

evaluated in any safety evaluation, pursuant to 10 CFR 50.59,-and l

adequately:USQ

involved'a as documented in CP&L's letter to the NRC dated August 6I 1997

-Movement of the cask without the val te covers installed has occurred a number

iof times-at the Brunswick facility.

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CP&L 2

Based on the information deveload during the inspection, the NRC has

determined that a violation of iRC requirements occurred. The failure to

identify a USQ and seek a licensee amendment is generally characterized as a

Severity Level III violation in accordance with the " General Statement of )

Policy and Procedures for Enforcement Acwns" (Enforcement Policy). NUREG- ,

1600. However, as provided in Section VII.B.3 of the Enforcement Policy, the

NRC may refrain from issuing a Notice of Violation (Notice) and proposing a i

civil penalty for a Severity Level III violation which involves old design

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. issues, ,

After review of this violation and consultation with the Director, Office of

Enforcement, the NRC has concluded that, while a violation did occur,

enforcement discretion is warranted and issuance of a Notice is not

appropriate in this case. The specific bases for the decision to exercise

enforcement discretion are: (1) the movement of the spent fuel cask with the

valve cover removed is considered an old design issue in that the failure to

analyze the cask in that configuration had existed since initial licensing and

there had been no prior notice so that CP&L could have reasonably identified

the violation earlier: (2) you were unaware of the departure from the UFSAR

description until a similar error was identified at your Harris plant;

additionally, your followu) on the NRC questions was thorough, resulting in

the identification of the JSQ: (3) your corrective actions were comprehensive -

and timely: (4) the issue was not likely to be identified by routine

surveillance or quality assurance reviews of the cask activity; and (5) you

promptly reported the condition to the NRC. In addition, a descri

your FSAR review program was presented to the NRC on May 30, 1996,ption and isof

docketed in a meeting summary issued by the NRC on June 10, 1996. Based on

NRC's assessment-of the scope and thoroughness of your FSAR review program, it

is possible that this would have been identified regardless of the NRC

Bulletin.

This letter closes apparent violation EEI 50 325. 324/97 12 09 and no formal

response to the apparent violation is required. NRC's final evaluation of

your corrective actions will be addressed during the review arm closecut of

LER.

In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice", a copy of

this letter will be placed in the NRC Public Document Room.

Sincerely.

Original Signed by

L. A. Reyes

Luis A. Reyes '

Regional Administrator

Docket Nos. 50 325, 50 324

License Nos. DPR 71, DPR 62

cc: See page.3

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CP&L 3

CC:-

Director Assistant Attorney General

Site-Operations State of North Carolina i

Brunswick Steam Electric Plant. P. O. Box 629 i

P. O. Box 10429 Raleigh, NC 27602

Southport, NC 28461 l

Executive Director  :

J. J. Lyash Public Staff NCUC  !

Plant Manager P. O. Box 29520 i

Brunswick Steam Electric Plant Raleigh NC- 27626 0520

Carolina Power & Light Company

P. O. Box 10429 Public Service Commission i

Southport, NC 28461 State of South Carolina

P. O. Box 11649 '

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O. B. Alexander, Manager Columbia. SC 29211

Performance Evaluation and

Regulatory Affairs OHS 7 Chairman

Carolina Power & Light Company Brunswick County Board of

412 S. Wilmington Street Commissioners

Raleigh, NC- 27601 P. O. Box 249

Bolvia, NC 28422

K. R. Jury. Manager

Regulatory Affairs Emergency Management Coordinator

Carolina Power & Light Company New Hanover County Department of

Brunswick Steam Electric Plant Emergency Management

P. O. Box 10429 P. O. Box 1525

Southport. NC 28461 0429 Wilmington, NC 28402

W. D. Johnson, Vice President Mayor

and Senior Counsel City of Southport

Carolina Power & Light Company 201 East Moore Street

P, O. Box 1551 Southport, NC 28461

Rbleigh. NC 27602

Director

Division of Radiation Protection

N. C. Department of Environmental

Health & Natural Resources

3825 Barrett Drive

Raleigh, NC 27609 7721

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CP&L 4 i

Distriystion: l

J. Lie mrman. OE '

06:EA File (BSu,,aers)(2)

A. Boland, RII

H, Shymlock, RII

D. Trimble. NRR

J. Coley. RII

R. Baldwin, RII

i

J. Lenahan. RII

W. Rankin, RII

0. Thompson, RII

PUBLIC-

NRC Resident Inspector

U.S. Nuclear Regulatory Commission

8470 River Road. SE-

Southport, NC 28461

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