ML20202D307

Forwards Insp Rept 50-271/97-10 on 970929-1120 & Notice of Violation & Exercise of Discretion.Insp Re Findings Documented in NRC A/E Team Insp 50-271/97-201 Issued on 970827

ML20202D307
Person / Time
Site:	Vermont Yankee
Issue date:	02/05/1998
From:	Wiggins J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:	Reid D VERMONT YANKEE NUCLEAR POWER CORP.
Shared Package
ML20202D315	List: ML20202D307 ML20202D336 ML20202D343
References
50-271-97-10, 50-271-97-201, EA-97-531, EA-97-532, EA-97-616, NUDOCS 9802170043
Download: ML20202D307 (4)

See also: IR 05000271/1997010

Text

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February 5, 1998

EA No. - 97 531

EA No. 97 532

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EA No. 97 616

Mr. Donald A. Reid

Senior Vice President, Operations

Vermont Yankee Nuclear Power Corporation

RD 5, Box 169

Ferry Road

l Brattleboro, Vermont 05301

SUBJECT: NRC INSPECTION REPORT 50 271/9710, NOTICE OF VIOLATION, AND

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EXERCISE OF DISCRETION

Dear Mr. Reid:

The NRC conducted a specialinspection between September 29 and November 20,1997,

at the Vermont Yankee Nuclear Power Station, to examine the findings documented in the

NRC Architect / Engineer (A/E) team inspection report 50-271/97 2011ssued on August 27,

1997. Our preliminary conclusions were discussed with you, Mr. G. Maret, and other

representatives of your staff at exit meetings on October 3 and November 20,1997.

Based on the results of this inspection, the NRC has determined that violations of NRC

requirements occurred. These violations were identified as unresolved items and

documented in the A/E inspection report. The violations are cited in the enclosed Notice of

Violation, and the circumstances surrounding the violations are described in detailin the

enclosed report. Please note that you are required to respond to this letter and should

follow the instructions specified in the enclosed Notice 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, multiple apparent violations were identified and are being considered for

escalated enforcement action in accordance with the " General Statement of Policy and -

Procedtae for NRC Enforcement Actions" (Enforcement Policy), NUREG-1600. These

include: (1_) several instances of failure to maintain control of the design process; (2) .

Inadequate corrective actions regarding conditions adverse to quality, and (3) failure to

report the operation of the \ ermont Yankee Nuclear Power Station in unanalyzed

conditions outside the design bases. These findings have implications for important

engineering processes that govern configuration control, corrective action and reportability.

9802170043 990205 l

PDR ADOCK 05000271

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Mr. Donald A. Reid 2

Further, the effectiveness e! such processes bears significantly upon your commitments

relative to the NRC's 50.64(f) letter regarding the adequacy and availability of design basis

information. However, during this inspection, we also reviewed your validation of your

first two design basis document reviews. We found that your validation now examines all

of the requirements included in the DBDs, and will continue to do so until your confidence

in the documentation improves.

No Notico of Violation is presently being issued for these inspection findings. In addition,

be advised that the number and characterization of the apperent violations described in the

enclosed inspection report may change as a result of further NRC review, M open

predecisional enforcement conference te discuss the apparent violatio'a has been

scheduled for 9:00 a.m. on February 20,1998. The decision to hold a ladecisional

enforcement conference does not mean that the NRC has determined th : 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 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

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errors in our inspection report and for you to provide any information concerning your

! perspectives on: (1) the severity of the apparent violations, (2) the application of the

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factors that the NRC considers when it determines the amount of a civil penalty that may

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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

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in accordance with Section Vll.

You will be advised by separate correspondence of the results of our deliberations on this

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

The enclosed report also documents seven design issues and one fire protection issue

which constituted violations of NRC requirements. These violations could be considered

for escalated enforcement and subject to civil penalties. However, after consultation with

the Director, Office of Enforcement, and the Regional Administrator, Region I, I have been

authorized to not issue Notices of Violation on those items specifically noted in the

enclosed report and not propose a civil penalty in those cases in accordance with the

provisions provided in Sections Vll.B.3 and Vll.B.4 of the NRC's Enforcement Policy. This

decision was made after consideration that: (1) the violations were identified by your staff

during voluntary initiatives or as part of corrective actions for previous issues; (2)

corrective actions, both taken and planned, were comprehensive and timely; (3) the design

deficiencies were subtle and not likely to be disclosed through routine surveillance or

quality assurance activities; and (4) the violations are not reasonably linked to current

performance. The exerciss of discretion ackr.owledga your nod effort to identify and

correct subtle violations that would not be identified by routir.e efforts before the degraded

safety systems are called upon.

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Mr. Donald A. Reid 3

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

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

Sincerely,

ORIGINAL SIGNED BY:

James T. Wiggins, Director

Division of Reactor Safety

Enclosure: NRC Inspection Report No.- 50 271/97-10

Docket No. 50 271

cc w/enet:

R. McCullough, Operating Experience Coordinator - Vermont Yankee

G. Sen, Licensing Manager, Vermont Yankee Nuclear Power. Corporation

l D. Rapaport, Director, Vermont Public Interest Research Group, Inc.

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D. Tefft, Administrator, Bureau of Radiological Health, State of New Hampshire

l Chief, Safety Unit, Office of the Attorney General, Commonwealth of Massachusetts

D. Lewis, Esquire

G, Bisbee, Esquire

J. Block, Esquire

T. Rapone, Massachusetts Executive Office of Pubb Safety

State of New Hampshire, SLO Designee -

State of Vermont, SLO Designee

Commonwealth of Massachusetts, SLO Designee

D. Katz, Citizens Awareness Network (CAN)

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Mr. Donald A. Reid 4

Distribution w/ encl:

Region 1 Docket Room (with concurrences)

PUBLIC

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Nuclear Safety Information Center (NSIC)

NRC R 'ident inspector

l H. Miller, RA/W. Axelson, DRA

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OE (2)

J. Wiggir.2, ORS

L. Nicho! son, DRS

D. Holody, ORA :

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T. Walker, ORA .

C. Cowgill, DRP

R. Summers, DRP

C. O'Daniell, DRP

G. Morris, DRS

W. Rutand, DRS

C. Miskey, DRS

Distribution w/enci (VIA E-MAIL):

B. McCabe, OEDO

C. Thomas, NRR (COT)

K. Jabbour, NRR

D. Serenci, PAO

Inspection Program Branch, NRR (IPAS)

DOCDESK

DOCUMENT NAME: A:WY9710. INS

Ta receive a sepy of thle document, indicate in the bor  ? = Copy without attachment / enclosure "E* = Co wit chment/ enclosure "N"=

No copy 4,,p*, el ,

1 OFFICE Rl/DRS l# Rl/ ORS )G Rl/ ORA gf lE RIS,RF[QAQ Rl/DRS lE

NAME GMorris ffggq TWalker }~ CCowgill ~ JWiggins

WRutand f/f4- ' 01/yg98

DATE 01/07/98 ' 01/7/9u 01M/98 @ 6/98

OFFICIAL RECORD COPY

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