ML20197K168

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Forwards Insp Rept 50-309/97-08 on 970908-1129 & NOV Re Failure to Ensure That Detection Aids Used to Alert Security Force Members Posted in Assessment Towers Were Being Controlled & Maintained as Required
ML20197K168
Person / Time
Site: Maine Yankee
Issue date: 12/29/1997
From: Blough A
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To: Sellman M
Maine Yankee
Shared Package
ML20197K172 List:
References
50-309-97-08, 50-309-97-8, EA-97-602, NUDOCS 9801050238
Download: ML20197K168 (4)


See also: IR 05000309/1997008

Text

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December 29. 1997

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EA No. 97 602

Mr. Michael B. Sellman, President

Maine Yankee Atomic Power Company

Bailey Point Road

Wiscasset, ME 04578

SU3 JECT:

NRC INTEGRATED INSPECTION REPORT 50 309/97-08 AND NOTICE OF

VIOLATION

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Dear Mr. Sellman:

On November 29,1997, the NRC completed an inspection at your Maine Yankee reactor

f acility. The results of that inspection were discussed with Mr. W. Odell and others of

your staff at an exit meeting held on December 9,1997. The encloseo report presants the

results of that inspection.

P og the three-month period covered by this inspection period, your conduct of activities

a, no Maine Yankee facilities was safety focused. Plant maintenance activities were

conducted to place the plant in a very good condition for the upcoming months. A quality

assurance audit of your health physics organization was appropriate and timely.

However, difficulties associated with core capsule removal and falsification of fire watch

rounds were examples where inadequate Maine Yankee management oversight resulted in

performance deficiencies. Additionally, it was noted that the initial Maine Yankee

oversight of site characterization field work was weak. With upcoming evolutions, such as

system decontamination, that are unique or infrequently performed, Maine Yankee

management oversight will be paramount to your success. This is particularly true of

evolutions being performed by contractors.

The falsification of fire watch rounds, which occurred during a previous period, was

determined to be a result of improper implementation of the fire protection plan by Maine

Yankee. The lack of procedures for the implementation of compensatory fire watch rounds

is a violation of NRC requirements.

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A security program violation involved the failure to ensure that detection aids used to alert

security force members posted in the assessment towers were being controlled and

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maintained as required by the NRC approved Physical Security Plan (the Security Plan).

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This is of particular concern because the applict.ble security procedure was revised as part

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of a corrective action in response to similar events in 1991 and 1995.

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included in this report is closeout of an Unresolved item involving the potential vlotation of

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10 CFR 70.24, Criticality Accident Requirements. We have determined that your f acility

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was in violation of this regulation in that you did not have in place either a criticality

mordtoring system for storage and handling of new (non-Irradiated) fuel or an NRC-

approved exemption to the regulation.

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Michael B. Sellman

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Thus, as described in the inspection report, your f acility was in violation of 10 CFR 70.24.

Numercus other facilities have similar circumhtances. The NRC has reconsidered this

violation and concluded based on the Information discussed in the report that, although a

violation did exist, it is appropriate to exercise enforcement discretion for Violations

involving Special Circumstances in accordance with Section Vil B.6 of the " General

Statement of Policy and Procedures for NRC Enforcement Actions" (Enforcement Policy),

NUREG 1600. The bases for exercising this discretion are the lack of safety significance of

the f ailure to moet 10 CFR 70.24; the f ailure of the NRC staff to recognize the need for an

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exemption during the licensing process; the prior NRC position concerning the lack of a

need for an exemption; and finally, the NRC's Intention to amend 10 CFR 70.24 through

rulemaking to provide for administrative controls in lieu of criticality monitors.

Therefore, I have been euthorized af ter consultation with the Director, Office of

Enforcement, to exercise enforcement discretion and not lasue a violation for this matter.

The violations cited in the enclosed Notice of Violation, and the circumstances surrounding

the violations are described in detallin the enclosed report. Please note that you are

required to respond to this letter and should follow tha instructions specified in the

enclosed Notice when preparing your response. The NRC will use your response, in part,

to determine whether further enforcement action is necessary to ensure compliance with

regulatory requirements,

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

and its enclosure will be pieced in the NRC Public Document Room.

Sincerely,

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A. Randolph Blough, Director

Division of Nuclear Materials Safety

Docket No:

50 309

License No:

DPR 36

Enclosure: NRC Inspection Report No. 50 309/97 08and Notice of Violation

OFRCIALRECORDCOPY

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Michael B. Sellman

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cn w/ encl:

M. Meisner, Vice President, Nuclear Safety & Regulatory Affairs

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R. Fraser, Director . Engineering

M. Ferri, Decommissioning Director

J. M. Block, Attorney at Law

P. L. Anderson, Project Manager (Yankee Atomic Electric Company)

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L. Diehl, Manager of Public and Governmental Affairs

T. Dignan, Attorney (Ropes and Gray)

G. Zinke, Manager, Regulatory Aff airs

W. Odell, Director, Operations

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M. Lynch, Esquire, MYAPC

P. Dostle, State Nuclear Safety Inspector

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P. Brann, Assistant Attorney General

U. Vanage, State Nuclear Safety Advisor

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C. Brinkman, Combustion Engineering, Inc.

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W. D. Meinert, Nuclear Engineer

First Selectmen of Wiscosset

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Maine State Planning Officer - Nuclear Safety Advisor

State of Maine, SLC Designee

State Planning Officer Executive Department

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Friends of the Coast

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Distribution w/ encl:

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Region 1 Docket Room (with concurrences)

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Nuclear Safety information Center (NSIC)

PUBLIC

NRC Resident inspector

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H. Miller, RA/W. Axelson, DRA

D. Holody, EO, Rl

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C. Cowgill, DRP

R. Summer, DRP

R. Bellamy, DNMS

Distributlen w/enci (VIA E MAILI:

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M. Leach, OEDO

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M. Webb, NRR

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B, Boger, NRR

D. Dorman, PM, NRR

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M. Callahan, OCA

R. Zimmerman, ADPR, NRR

J. Lieberman, OE (OEMAIL)

J. Goldberg, OGC

R. Correla, NRR

F. Talbot, NRR

D. Screnci, PAO

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N. Sheehan, PAO

Inspection Program Branch, NRR (IPAS)

DOCDESK

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DOCUMENT NAME: G:\\ BRANCH 5\\MY97-08.WPD

T3 receive e copy of thle document indicate in the bout *c' = Copy without attachmentlenclosure

'E' = Copy with attethrnent/ enclosure 'N' =

No copy

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DATE

12/23/97-

1253/97

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OFFICIAL RECORD COPY

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