ML20198P137
| ML20198P137 | |
| Person / Time | |
|---|---|
| Site: | Crystal River  |
| 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
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- NUCLEAR REGULATORY COMMISSION
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December 29, 1997
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EA 97 565
Florida Power Corporation
Crystal River Energy Complex -
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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
(NRC INSPECTION REPORT NO. 50 302/97 21)
2
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 deveload during the LER reviews, the NRC has
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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
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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
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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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this letter, its enclosure, and your response, should you provide one,py of
In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a co
will be
placed in the NRC Public Document Room. Should you have any questions
concerning this letter, please contact us..
Sincerely
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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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cc w/ encl ~ cont'd:
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R. Alexander Glenn-
Corporate Counsel
Florida Power Corporation
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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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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
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OE:EA File (BSummers) (2 letterhead)
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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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