ML20198P137

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Forwards Insp Rept 50-302/97-21 on 971203.Violations Noted. Violations Involve Noncompliances in Design Control, 10CFR50.59 Evaluations,Procedural Adequacy,Reportability & Corrective Actions
ML20198P137
Person / Time
Site: Crystal River Duke Energy icon.png
Issue date: 12/29/1997
From: Reyes L
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To: Richard Anderson
FLORIDA POWER CORP.
Shared Package
ML20198P142 List:
References
50-302-97-21, EA-97-565, NUDOCS 9801220016
Download: ML20198P137 (5)


See also: IR 05000302/1997021

Text

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k* #80% ~ UNITED STATES

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EA 97 565

Florida Power Corporation

Crystal River Energy Complex - l

Mr. Roy A. Anderson (SA2A)

Sr. VP, Nuclear Operations

ATTN: Mgr. Nuclear Licensing .

15760 West Power Line Street

Crystal River, Florida 34428 6708

. SUBJECT: . EXERCISE OF ENFORCEMENT DISCRETION

2

(NRC INSPECTION REPORT NO. 50 302/97 21)

Dear Mr. Anderson:

This refers to the Nuclear Regulatory Commission's (NRC) review of Licensee

Event Reports (LER) submitted by Florida Power Corporation (FPC) to document

engineering design deficiencies at your Crystal River 3 Nuclear Station. The

results of our review were documented in the enclosed inspection report and

-were discussed with members of-your staff on December 29, 1997.

"

Based on the information develo ad during the LER reviews, the NRC has

determined that viol 6tions of NRC requirements occurred. These violations

invo1*/e a number of noncompliances in design ccatrol,10 CFR 60.59 evaluations,

procedural adecuacy/ adherence, reportability, and corrective actions. These

. examples incluced unanalyzed conditions and conditions that were outside the

design basis of Crystal River Unit 3. Some of the deficiencies have existed

since plant. licensing. A list of the conditions identified and the .

corresponding LERs is attached to the enclosed inspection report. The majority

of these conditions were identified by your staff during a comprehensive review

of the Crystal River engineering program and a reassessment of plant design

margins.

-Normally, the violations of regulatory requirements associatrd with the subject

.LERs would be categorized in accordence with the " General Statement of Policy

bnd Procedures for NRC Enforcement Actions" (Enforcement Policy), NUREG-1600,

as Severity Level-III' and Severity Level- IV violations. In addition,-in

accordance with the Enforcement Policy, a civil penalty normally would be

considered for each Severity Level:III violation. However, as discussed in

Section VII.B.2 of the Enforcement Policy, the NRC may refrain from issuing a

Notice of Violation (Notice) or a proposcd civil penalty for violations.that

are identified after- (1) the NRC has taken significant enforcement action' based

upon a major safety event contributing to an extended shutdown of an operating

reactor. or (ii) the-licensee enters an extended shutdown related to generally

poor performance over a long period of time.

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After review of these deficiencies and censultation with the Director, Office

of Enforcement, the NRC has concluded that while violations did occur,

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enforcement discretion in accordance with Section VII B.2 of the Enforcement

Policy is warranted and issuance of a Notice and/or proposal of a civil penalty

is not necessary in these cases. The saecific bases for this conclusion are:

(1) most of the issues were identified ay FPC and enforcement action is not

considered necessary to achieve remedial action-for those issues identified by

the NRC: (2) the violations, for the most part, were based upon activities

which took place before the events leading to the shatdown of Crystal River

Unit 3; (3) the violations were not considered to be willful and would not be

categorized at a Severity Level higher than Severity Level II; (4) the Crystal

River facility is shut down for performance reasons including engineering

violations, such as the ones identified in these LERs, and in enforcement-

actions issued on March 12, 1997-(Enforcement Actions 96 365, 96 465 and

96 527) which involved a Severity Level II problem for the failure to perform

adequate reviews pursuant to 10 CFR 50.59: (5) the Crystal River facility-will

remain shut down until com31etion of a comprehensive program of improvements in

the engineering area: (6) :PC has demonstrated that remedial action is being

taken to ensure reestablishment of design margins for plant systems prior to

plant restart: (7) NRC issued a $500,000 civil penalty on July 10, 1996

.

(EA 95 126), which included sanctions for engineering violations: (8) FPC's

decision to restart Crystal River Unit 3 requires NRC concurrence in accordance

with a Confirmatory Action Letter issued on March 4,1997: and, (9) FPC has

made substantial progress in addressing and resolving the issues identified in

the LERs described in the enclosure and the bases for closure of each LER will

be documented in NRC inspection reports and appropriately considered in the

restart decision.

The NRC will continue to examine the implementation of your corrective actions

during future inspections. The exercise of enforcement discretion in this case

has l+ en identified as non cited violation (NCV) 50 302/97 21 01.

Noncompliances in Design Control,10 CFR 50.59 Evaluations, Procedural

Adequacy / Adherence. Reportability, and Corrective Actions. Your satisfactory

completion of corrective actions will be tracked and evaluated as part of NRC's

-closecut of the individual LERs.

The NRC has concluded that information regarding the reasons for the

violations, the corrective actions taken and planned to correct the violations

and prevent recurrence are already adequately addressed on the docket in the

< LERs you have provided to the NRC. Therefore, you are not required to respond

to this letter unless the descriptions provided in the LERs do not accurately

reflect your corrective actions or your position. In that case, or if you

choose to provide additional information, you should submit a written statement

or explanation-to the U.S. Nuclear Regulatory Commission. ATTN: Document

Control Desk, Washington, D.C. 20555 with a copy to the Regional Administrator,

~ Region II', and a copy to the NRC Resident Inspector at the Crystal River

facility, within 30 days of the date of this letter specifically describing any

changes in your corrective actions or position. This letter should be in

addition to or reference' any required updates to the LERs.

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FPC 3

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

this letter, its enclosure, and your response, should you provide will one,py

be of

placed in the NRC Public Document Room. Should you have any questions

concerning this letter, please contact us..

Sincerely

? / .

Luis A. Rey

Regional A nistrator

Docket No. 50 302

License No. DPR 72

Enclosure: NRC Inspection Report 50 302/97 12

cc w/ encl:

John P. Cowan, Vice President

Nuclear Production (NA2E)

Florida Power Corporation

Crystal River Energy Complex

15760 West Power Line Street

Crystal River, FL 34428 6708

Chip Pardee, Director

Nuclear Plant Operations (NA2C)

Florida Power Corporation

Crystal River Energy Complex

15760 West Power Line Street

Crystal River, FL 34428 6708

Robert E. Grazio Director- (SA2A)

Nuclear Regulatory Affairs

Florida Power Corporation

Crystal River Energy Complex

15760 West Power Line Street

. Crystal River, FL 34428 6708

James S. Baumstark-(SA2C)

Director. Quality Programs

Florida Power Corporation

Crystal River Energy Complex

15760 West Power Line Street-

Crystal River. FL 34428 6708

cc w/ encl cont'd: See page 4

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FPC

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cc w/ encl ~ cont'd: .

R. Alexander Glenn-

Corporate Counsel

Florida Power Corporation t

MAC ASA ,.

.P. O.-Box 14042

St. Petersburg, FL 33733

Attorney General -

Department of Legal _ Affairs-

The Capitol

. Tallahassee,_FL 32304

~ Director '

Office of Radiation Control-

Department of Health and-

Rehabilitative Services

1317 Winewood Boulevard

Tallahassee, FL 32399 0700

Director-

Division of Emergency Preparedness

Department of Community Affairs

2740 Centerview Drive

Tallahassee, FL 32399 2100

Chairman

Board of County Commissioners

Citrus County

110 N. Apopka Avenue

Inverness FL 34450 4245

Robert B. Borsum

B&W Nuclear Technologies

1700 Rockville Pike.- Suite 525

Rockville, MD 20852 1631

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FPC 5

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Distribution w/ enc 1:

PUBLIC

- LJCallan, ED0

HThompson, DEDR

AThadani, DEDE

JGoldberg, OGC

RZimmerman, NRR

EJulian, SECY- ,

BKeeling, CA

Enforcement Coordinators

RI, RIII, RIV

JLieberman, OE -

-

OE:EA File (BSummers) (2 letterhead)

DNelson, OE

EHayden, OPA

GCaputo, 01

TMartin AE00

HBell, OIG

ABoland, RII

JJohnson, RII-

- JJaudon, RII

Klandis, RII-(IFS Action Required)

CChristensen, RII

LRagahavan NRR

FHebdon, NRR +

RSchin, RII

KClark, RII

RTrojanowski,RII

NRC Resident Inspector

U.S. Nuclear Regulatory Commission

6745- N. Tallahassee Road

Crystal River FL 34428

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