ML20198L444
| ML20198L444 | |
| Person / Time | |
|---|---|
| Site: | Perry, 03000440 |
| Issue date: | 09/23/1997 |
| From: | Grobe J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | Myers L CENTERIOR ENERGY |
| Shared Package | |
| ML20198L449 | List: |
| References | |
| 05-440-97-08, 5-440-97-8, EA-97-430, NUDOCS 9710270044 | |
| Download: ML20198L444 (6) | |
See also: IR 05000440/1997008
Text
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September 23,1997
EA 97 430
Mr. Lew W. Myers
Vice President - Nuclear
Centerior Service Company
P.O. Box 97, A200
Perry, OH 44081
SUBJECT: NRC INSPECTION REPORT 50-440/97008(DRS) AND NOTICE OF
VIOLATION
Dear Mr. Myers:
This refers to the inspection conducted on July 21 through August 27,1997, at your Perry
Nuclear Power Plant The purpose of the inspection wo to follow up on issues identified
during the NRC Design Inspection conducted from February 17 through March 27,1997,
and documented in inspection report 50 440/97201. The enclosed report presents the
results of this inspection.
Based on the results of this inspection, the NRC has determined that violations of NRC
requirements occurred. These violations are cited in the enclosed Notice of Violation
(Notice) and the circumstances surrounding them are described in detail in the subject
inspection report. The violations are of concern because many of the issues had been
previously identified to the site through earlier assessments, yet the issues remained. The
violations include design control, corrective actions, safety reviews of changes to the
facility, and updating the Updated Safety Analysis Report (USAR). Based on the number of
examples we found for specific violations, the issues are not isolated cases and require
appropriate attention. We will review your response to these violations and evaluate the
need to discuss the issues at a future management meeting. Also, deviations from
commitments were identified. The deviations are of concern as your staff assumed their
actions were equivalent to the commitment made to the NRC and did not pursue changing
"
the commitment before taking the * equivalent ach is.
You are required to respond to this letter and should follow the instructions specified in the
enclosed Notices when preparing your response. The NRC will use your response, in part,
to determine whether further enforcement action is necessary to ensure complicnce with
regulatory requirements.
In addition, one apparent violation (Paragraph E8.17) was identified and is being considered
for escalated enforcement action in accordance with the " General Statement of Policy and
Procedure for NRC Enforcement Actions" (Enforcement Policy), NUREG 1600. A change to
the emergency closed cooling surge tank from a 7-day supply to a 30-minute supply was
made_without recognizing the change involved an unreviewed safety question (USQ). No
Notice of Vlolation is ,iresently being issued for this inspection finding. Please be advised
that the number and characterization of this apparent violation described in the enclosed
-
Inspection report may change as a result of further NRC review.
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9710270044 970923
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L W. Mysrs
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Stptsmber 23,1997
An open predecisional enforcement conference to discuss this apparent violation has been
scheduled for October 7,1997. The decision to hold a predecisional enforcement
conference does not mean that the NRC has determined that a violation has occurred or
that enforcement action will be taken. This conference is being held to cbtain information to
enable the NRC to make an enforcement decision, such as a common understanding of the
facts, root causes,
missed opportunities to identify the apparent violation sooner, corrective actions,
significance of the issues and the need for lasting and effective corrective action. In
particular, we expect you to address how the safety review process failed to identify the
USQ despite the multiple levels of review involved in the process. Include a discussion of
your corrective actions concerning the recent 10 CFR 50.59 violation identified in inspection
report 50-440/97002. We note that your staff was slow to recognize the USQ following
NRC identification, although your staff finally recognized it at a later date. We do not
consider this issue limited to the Engineering Department. In addition, please discuss the
actions you have taken or planned to improve your staff's sensitivity to identifying potential
USQs early in the safety review process.
This is an opportunity for you_to point out any errors in our inspection report and for you to
provide any information conceming your perspectives on (1) the severity of the violation (s),
(2) the application of the factors that the NRC considers when it determines the amount of a
civil penalty that may be assessed in accordance with Section VI.B.2 of the Enforcement
Policy, and (3) any other application of the Enforcement Policy to this case, including the
exercise of discretion in accordance with Section Vll.
You will be advised by separate correspondence of the results of our deliberations on this
matter. No response regarding the apparent violation is required at this time,
in accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of tnis letter, its
enclosures, and your response will be placed in the NRC Public Document Room (PDR).
Sincerely,
John A. Grobe, Acting Director
Division of Reactor Safety
Docket No. 50440
-
License No. NPF-58
Enclosures:
2. Notice of Deviation
3. Inspection Report 50-440/97018(DRS)
See Attached Distributiqr,t
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L W.- My2rs -
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Srpt;mber 23,1997
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cc w/encls: H. L Hegrat, Manager, Regulatory Affairs
T. S. Rausch, Director, Quality and
Personnel Development
R. W. Schrauder,' Director, Perry _
,
Nuclear Engineering Department.
W, R. Kanda, General Manager,
Nuclear Power Plant Department
N. .L Bonner, Director, Nuclear
Maintenance Department
H. W. Bergendahl, Director
Nuclear Services Department
.
Terry L. Lodge, Esq.
State Liaison Officer, State of Ohio
-
Robert E, Owen, Ohio Department of Health
C.. A. Glazer, State of Ohio
'
Public Utilities Commission
Roy P. Lessy, Jr., Esq.
.
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EA 97-430
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Mr. Lew W. Myers
Vice President Nuclear
Centerior Service Company
P.O. Box 97, A200
Perry, OH 44081
SUBJECT: NRC INSPECTION REPORT S0-440/97008(DRS) AND NOTICE OF
VIOLATION
Dear Mr. Myers:
'
This refers to the inspection conducted on July 21 through August 27,1997, at your Perry
Nuclear Power Plant. The purpose of the inspection was to follow up on issues identified
during the NRC Design inspection conducted from February 17 threonh March 27.1997,
and documented in inspection report 50-440/97201. The enclosed report presents the
results of this inspection.
Based on the results of this inspection, the NRC has determined that violations of NRC
requirements occurred. These violations are cited in the enclosed Notice of Violation
(Notice) and the circumstances surrounding them are described in detail in the subject
inspection report. The violations are of concem because many of the issues had been
previously identified to the site through earlier assessments, yet the issues remained. The
violations include design control, corrective actions, safety reviews of changes to the
facility, and updating the Updated Safety Analysis Report (USAR). Based on the number of
examples we found for specific violations, the issues are not isolated cases and require
appropriate attention. We will review your response to these violations and evaluate if we
need to discuss the issues at a future management meeting. Also, deviations from
commitments were identified. The deviations are of concern as your staff assumed their
actions were equivalent to the commitment made to the NRC and did not pursue changing
the commitment before taking the ' equivalent actions."
You are required to respond to this letter and should follow the instructions specified in the
enclosed Notices 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 addition, one apparent violation (Paragraph E8.17) was identified and is being considered
for escalated enforcement action in accordance with the " General Statement of Policy and
Procedure for NRC Enforcement Actions" (Enforcement Policy), NUREG-1600. A change to
the emergency closed cooling surge tank from a 7-day supply to a 30-minute supply was
made without recognizing the change involved an unreviewed safety question (USO). No
Notice of Violation is presently being issued for this inspection finding. Please be advised
that the number and characterization of this apparent viohtion described in the enclosed
inspection report may change as a result of further NRC review.
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l
L. W. Myers
2
An open predecisional enforcement conference to discuss this apparent violation has been
scheduled for October 7,1997. The decision to hold a predecisional enforcement
conference does not mean that the NRC has determined that a violation has occwred or
that enforcement action will be taken. This conference is being held to obtain Information to
enable the NRC to make an enforcement decision, such as a common understanding of the
facts, root causes,
missed opportunities to identify the apparent violation sooner, corrective actions,
,
significance of the issues and the need for lasting and effective corrective action. In
particular, we expect you to address how the safety review process failed to identify the
USQ despite the multiple levels of review involved in the process. Include a discussion of
your corrective actions conceming the recent 10 CFR 50.59 violation identified in inspection
report 50-440/97002. We note that your staff was slow to recognize the USQ following
NRC identification, although your staff finally recognized it at a later date. We do not
- consider this issue limited to the Engineering Department. In addition, please discuss the
actions you have taken or planned to improve your staff's sensitivity to identifying potential
USQs early in the safety revlew process.
This is an opportunity for you to point out any errors in our inspection report and for you to
provide any information concerning your perspectives on (1) the seventy of the violation (s),
(2) the application of the factors that the NRC considers when it determines the amount of a
civil penalty that may be assessed in accordance with Section VI.B.2 of the Enforcement
Policy, and (3) any other application of the Enforcement Policy to this case, including the
'
exercise of discretion in accordance with Section Vll.
You will be advised by separate correspondence of the results of our deliberations on this
<
matter. No response regarding the apparent violation is required at this time.
In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter, its
enclosures, and your response will be placed in the NRC Public Document Room (PDR).
Sincerely,
John A. Grobe, Acting Director
Division of Reactor Safety
Docket No, 50-440
License No. NPF 58
Enclosures:
2. Notice of Deviatlon
3. Inspection Report 50-440/97018(DRS)
See Attached Distribution
DOCUMENT NAME: G:DRS\\PER97008.DRS
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DATE
10/ /97
10/ /97
10/ /97
10/ /97
10/ /97
OFFICIAL RECORD COPY
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L. W.L Myers
3
cc w/encis: H. L. Hegrat, Manager, Regulatory Affairs
T. S. Rausch, Director, Quality and
Personnel Development
R. W. Schrauder,' Director, Perry . .
<
Nuclear Engineering Department-
,
W. R. Kanda, General Manager,
Nuclear Power Plant Department
N. L. Bonner, Director, Nuclear
Maintenance Department
H. W. Bergendahl, Director -
Nuclear Services Department
Terry L. Lodge, Esq.
State Liaison Officer, State of Ohio
Robert E. Owen, Ohio Department of Health
C. A. Glazer, State of Ohio
Public Utilities Commission
Roy P. Lessy, Jr., Esq.-
,
Qistribution:
Docket File w/encls
Rlll PRR w/encls
Rill Enf. Cooidinator
w/encls
PUBLIC iE 01 w/encls
SRI, Perry w/encls
TSS w/encls
OC/LFDCB w/encls
LPM, NRR w/encls
DOCDESK w/encls
DRP w/encls
A. B. Beach, Rill w/encls
CAA1 w/encls
DRS w/encls
J. L. Caldwell, Rill w/encls
J. Lieberman, OE w/encls
J. Goldberg, OGC w/encls
R. Zimmerman, NRR w/encls
4
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