ML20199H462

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Forwards Insp Rept 50-333/97-11 on 971215-19 & 980107. Noncited Violations Identified & Being Considered for Escalated Enforcement Action.No Notice of Violation Being Issued for Insp Findings
ML20199H462
Person / Time
Site: FitzPatrick Constellation icon.png
Issue date: 01/28/1998
From: Wiggins J
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To: Michael Colomb
POWER AUTHORITY OF THE STATE OF NEW YORK (NEW YORK
Shared Package
ML20199H465 List:
References
50-333-97-11, EA-98-001, EA-98-1, NUDOCS 9802050055
Download: ML20199H462 (4)


See also: IR 05000333/1997011

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January 28, 1998

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EA 98-001

Mr. Michael J. Colomb

Site Executive Officer

New York Power Authority

James A. FitzPatrick Power Plant

Post Office Box 41

Lycoming, NY 13093

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SUBJECT:

FITZPATHICK SPECIAL INSPECTION REPORT 50-333/97-11

Dear Mr. Colomb:

This letter refers to the specialinspection conducted from December 15-19,1997, at the

FitzPatrick Power Plant, Scriba, New York. The purpose of the inspection was to

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determine whether activities authorized by the license were conducted safely, and in

accordance with NRC requirements. At the conclusion of the inspection on

December 19,1997, the preliminary findings were discussed with you and other members

of your etaff. Additional findings were also discussed with your Messrs. A. Zarenba and

M. Abramski during a telephone call on Jmuary 7,1998.

The inspection was directed toward creas important to public hea!th and safety. We

reviewed the uro,ading of the original General Electric traversing incore probe (TIP) system

with a Siemens digital system. T.ie inspection consisted of selected examinations of

design documentation, procedures and representative records, personnel interviews, and

review of the actions taken by your staff to address thir issue.

Based on the results of this inspection, two apparent violations were identified and being

considered for escalated enforcer:ent action in accordance with the " General Statement of

Policy and Procedure for NRC Enforcement Actions" (Enforcement Policy) NUREG-1600.

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These violations involved: 1) an unreviewed saf. s question in the upgrading of the

original General Electric TIP system with a Siemer.,s digital system in February 1991 and

2) the inoperability of the three primary containment isolation ball valves in the TIP system,

from February 1991 to 1996. No Notice of Violation is presently being issued for these

inspection findings. In addition, be advised that the number and characterization of the

apparent violation described in the enclosed inspection report may change as a result of

further NRC review.

A predecisional enforcement conference to discuss the apparent violttion is scheduled for

February 19,1998, at 10:00 a.m. The decision to hold a predecisional enforcement

conference does not mean that the NP.C has determined that a violation has occurred or

that enforcement action will be taken. The conference is being held to obtain information

to enable the NRC to make an enforcement decision, such as a common understanding of

9802050055 980128

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- ! Ar. Michael J Colomb

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the facts, root causes, missed opportunities to identify the apparent violations sooner,

corrective actions, significance of the issues, and the need for lasting and effective

corrective action, in addition, 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 severity of the apparent vio?ation, (2) the application of the factors that the NRC

considars when it determines the amount of e civil penalty tnat may be assessed in

accordance with Section VI.B.2 of the Enforcement Po: icy, and (3) any other application of

the Enforcement Policy to this case, including the exercise of discretion in accordance with

Section V!l.

You will be advised by separate correspondence of the re:ults of our deUberations on this

matter. No response regarding these apparent violations is required at this time,

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.

Wacerely,

James T. Wiggins, Director

Division of Reactor Safety

Enclosure: Region l Special inspection Report 50 333/9711

Docket No. 50 333

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Mr. Michael J. Colomb

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cc w/ encl:

C. D. Rapployea, Chairman and Chief Executive Officer

E. Zeltmann, President and Chief Operating Officer

R. Hiney, Executive Vice President for Project Operations

J. Knubel, Chief Nuclear Officer and Senior Vice President

H. P. Salmon, Jr., Vice President of Nuclear Operations

W. Josiger, Vice President Engineering and Project Management

J. Kelly, Director Regulatory Aff airs and Special Projects

T. Dougherty, Vice President Nuclear Engineering

R. Deasy, Vice President Appraisal and Compliance Services

R. Patch, Director - Quality Assurance

G. C. Goldstein, Assistant General Counsel

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C. D. Falson, Director, Nuclear Licensing, NYPA

K. Peters, Licensing Manager

T. Morra, Executive Chair, Four County Nuclear Safety Committee

Supervisor, Town of Scriba

C. Donaldson, Esquire, Assistant Attorney General, New York Department of Law

P. Eddy, Electric Division, Department of Public Service, State of New York

G. T. Goering, Consultant, New York Power Authority

J. E. Gagliardo, Consultant, New York Power Authority

E. S. Beckjord, Consultant, New York Powe Authority

F. William Valentino, President, New York State Energy Research

and Development Authority

J. Spath, Program Director, New York State Energy Research

anu Davelopment Authority

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Mr. Michael J. Colomb

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Distribution w/ encl:

H. Miller, RA/W. Axelson, DRA (1)

Nuclear Safety Information Center (NSIC)

PUBLIC

NRC Resident inspector

Region 1 Docket Room (with concurrences)

J. Rogge, DRP

R. Barkley, DRP

R. Junod, DRP

J. Lieberman, OE (2)

C. M!skey, DRS

Distribution w/ encl: (VIA E MAIL)

B. McCabe, RI EDO Coordinator

S. Bajwa, NRR

K. Cotton, NRR

D. Hood,NRR

M. Campion, RI

inspection Program Branch, NRR (IPAS)

R. Correia, NRR

F. Talbot, NRR

DOCDESK

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DOCUMENT NAME: A:\\FITZ9711. INS

Ts receive a copy of this doc + mont, Indicate in the box!

'C' = Copy without attachenent/ enclosure

'E" = Copy with attachment / enclosure

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