ML20199D653

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Forwards Insp Repts 50-313/97-08 & 50-368/97-08 on 971123-980103.Facility Was in Violation of 10CFR70.24 in That Licensee Did Not Have in Place Criticality Monitoring Sys for Storage.Exercised Enforcement Discretion
ML20199D653
Person / Time
Site: Arkansas Nuclear  Entergy icon.png
Issue date: 01/23/1998
From: Gwynn T
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To: Hutchinson C
ENTERGY OPERATIONS, INC.
Shared Package
ML20199D659 List:
References
50-313-97-08, 50-313-97-8, 50-368-97-08, 50-368-97-8, EA-98-026, EA-98-26, NUDOCS 9801300257
Download: ML20199D653 (5)


See also: IR 05000313/1997008

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ARLINGTON, TEXAS 76011-8064

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C Randy Hutchinson, Vice President

Operations

Arkansas Nuclear One

Entergy Operations, Inc.

1448 S.R. 333

Russellville, Arkansas 72801-0967

SUBJECT: NRC INSPECTION REPORT 50-313/97-08; 50-368/97-08 AND EXERCISE OF

ENFORCEMENT DISCRETION

Dear Mr. Hutchinson:

An NRC inspection was conducted November 23,1997, through January 3,1998, at your

Arkansas Nuclear One, Units 1 and 2, reactor faci!ity. The enclosed report presents the scope

and results of that inspection.

During the 6-week period covered by this inspection, your conduct of activities at the ANO

facility was generally characterized by safety conscious operations, sound engineering and

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maintenance practices, and appropriate radiological controls.

Included in this report is closeout of an unresolved item involving the potential violation of

10 CFR 70.24, " Criticality Accident Requirements." We have determined that your facility was in

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

for storage and handling of new (nonirradiated) fuel or an NRC approved exemption to the

regulation.

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

Numerous other facilities have similar circumstances. 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 Vll 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 failure to meet 10 CFR 70.24,

the failure of the NRC staff to recognize the need for an exemption during the licensing process,

tN prior NRC position concerning the lack of need for an exemption, and, finally, the NRC's

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7 tion to amend 10 CFR 70.24 through rulemaking to provide for administrative controls in

' eu of criticality monitors.

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Therefore, I have been authorized, after consultation with the Director, Office of Enforcement, to

exercise enforcement discretion and not issue a violation for this matter. Pending the

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amendment to 10 CFR 70.24, further enforcement action will not be taken for failure to meet

10 CFR 70.24 provided you obtain an exemption to this regulation before the next receipt of

fresh fuel or before the next planned movement of fresh fuel.

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

enclosure will be placed in the NRC Public Document Room (PDR).

Should you have any questions conceming this inspection, we will be pleased to discuss them

with you.

,

Sincerely,

Thomas P. Gwynn Dir

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Division of Reacto

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Docket Nos.: 50-313

50-368

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License Nos.: DPR 51

NPF-6

Enclosure:

NRC Inspection Report

50-313/97-08;50-368/97-08

cc w/ enclosure:

Executive Vice President

& Chief Operating Officer

Entergy Operations, Inc.

P.O. Box 31995

.- Jackson, Mississippl 39286-1995

Vice President

Operations Support

Entergy Operations, Inc.

- P.O. Box 31995

Jackson, Mississippi 39286

Manager, Washington Nuclear Operations

ABB Combustion Engineering Nuclear

Power

12300 Twinbrook Parkway, Suite 330

Rockville, Maryland 20852

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Entergy Operations, Inc.

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County Judge of Pope County

Pope County Courthouse

Russellville, Arkansas 72801

Winston & Strawn

1400 L Street, N.W.

Washington, C.C. 20005-3502

David D. Snellings, Jr., Director

Division of Radiation Control and

Emergency Ma1agement

Arkansas Depar. ment of Health

4815 West Markham Street, Mail Slot 30

Little Rock, Arkansas 72205-3867

Manager

Rockville Nuclear Licensing

Framatome Technologies

1700 Rockville Pike, Suite 525

Rockville, Maryland 20852

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Entergy Operations, Inc.

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E-Mail report to T. Frye (TJF)

E Mail report to T. Hiltz (TGH)

E Mail report to NRR Event Tracking System (IPAS)

E-Mail report to Document Control Desk (DOCDESK)

E-Mail report to Richard Correia (RPC)

E-Mail report to Frank Ta!aot (FXT)

bec to DCD (IE01)

- bec distrib. by RIV:

Regional Administrator

Resident inspector

DRP Director

MIS System

Branch Chief (DRP/C).

RIV File

Project Engineer (DRP/C)

DRS-PSB

Branch Chief (DRP/TSS)

Office of Enforcement (OE)

G. F. Sanborn, EO

W. L. Brown, RC

J. Lieberman, OE, MS: 7-H5

OE:EA File, MS: 7-HS

DOCUMENT NAME: R:\\_.ANO\\AN708RP.JFM

To receive copy of document. Indicate in box: "C" = Copy without enclosures "E" = Copy with anciosures "N" = No copy

RIV:RI

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E Mail report to T. Frye (TJF)

E Mail report to T. Hiltz (TGH)

E-Mail report to NRR Event Tracking System (IPAS)

- E Mail report to Document Control Desk (DOCDESK)

E Mail report to Richard Correia (RPC)

E-Mail report to Frank Talbot (FXT)

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bec distrib. by RIV:

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DRP Director

MIS System

Branch Chief (DRP/C)

RIV File

Project Engineer (DRP/C)

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Branch Chief (DRP/TSS)

Office of Enforcement (OE)

G. F. Sanborn, EO

W. L Brown, RC

J. Lieberman, OE, MS: 7-H5

.OE:EA File, MS: 7-HS

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DOCUMENT NAME. R:\\_,ANO\\AN708RP.JFM

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To receive copy of document, indicate in box:"C" = Copy without enclosures "E" = Copy with enclosures "N" = No copy

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