ML20211E784

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Forwards Insp Repts 50-369/97-16 & 50-370/97-16 on 970712-0827.Apparent Violations Re Failure to Comply W/Ts Requirements for Operability of Ice Condenser Inlet Doors Being Considered for Escalated Enforcement Action
ML20211E784
Person / Time
Site: McGuire, Mcguire  
Issue date: 09/16/1997
From: Jerrica Johnson
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To: Barron H
DUKE POWER CO.
Shared Package
ML20211E787 List:
References
50-369-97-16, 50-370-97-16, EA-97-398, NUDOCS 9709300263
Download: ML20211E784 (4)


See also: IR 05000369/1997016

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September 16, 1997.

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EA 97-398

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ATTN: Mr. H. B. Barron

Vice President

McGuire Site

Duke Energy

,

12700 Hagers Ferry Road

Huntersville. N.C.

28078 8985

SUBJECT:

NRC INSPECTION REP 0lT NOS 60-369/97-16 and 50-370/97-16

'

Dear Mr. Barron:

This refers to the special inspection conducted on July 12 - August 27. 1997

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at the McGuire facility. The )urpose of the inspection was to evaluate the

circumstances and conditions tlat resulted in the Unit 2 ice condenser lower

inlet doors being declared inoperable and to evaluate your corrective actions

for this problem. The enclosed report presents the results of the inspection.

Based on the inspection results two apparent violations were identified and

are being considered for escalated enforcement action in accordance with the,

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" General Statement of Policy and Procedure for NRC Enforcement Actions"

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(Enforcement Policy). NUREG 1600. The first apparent violation is related to

a failure to com)1y with Technical Specification requirements for the

operability of tie ice condenser inlet doors on Unit 2 for an unknown period

of time during operation in Modes 1. 2. 3, and 4.

This condition was

reported to-the NRC on July 18. 1997.

The second apparent violation is

related to a failure to perform adequate corrective actions in accordance with

10 CFR Part 50 Appendix B Criterion XVI, in light of relevant industry

operating experience at another ice condenser facility and operational events

at the McGuite facility. A preliminary review of industry experience and

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site-specific operational events indicated that prior opportunities may have

existed to implement corrective actions to prevent the occurrence of the event

at the McGuire facility. Accordingly, no Notice of Violation is 3resently

being issued for these inspection findings.

In addition please se advised

that the number and characterization of apparent violations described in the

enclosed inspection report may change as a result of further NRC review.

An open predecisional enforcement conference to discuss these apparent

violations has been scheduled for October 1,1997, at 10:00 a.m.. in the

Region 11 office. -The decision to hold a predecisional enforcement conference

does not mean that the NRC has determined that a violation has occurred or

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that enforcement action will be taken.

This conference is being held to

-obtain information to-enable the NRClto make an enforcement decision. such as

a common understanding of the facts, root causes, missed opportunities to

identify the apparent violation sooner, corrective actions significance of

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the-issues and the need for lasting and effective corrective action.

In

particular, we expect you to address the circumstances and conditions that

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Duke Energy

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allowed the Unit 2 ice condenser to become degraded and the associated lower

inlet doors to become inoperable. We would also like to understand what

long-term actions you intend to take to prevent similar occurrences.

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 violations; (2) the application of

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

Senalty that may 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 in accordance with Section

Vll.

You will be advised by separate correspondence of the results of our

deliberations 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

tJ.is letter and its enclosure will be placed in the NRC Public Document Room.

Sincerely.

Original signed by

toren R. P11sco (for)

Jon R. Johnson Director

Division of Reactor Projects

Docket Nos. 50 369. 50-370

License Nos NPF-9. NPF-17

Enclosure:

Inspection Report

50-369/97-16, 50-370/97-16

cc w/ enc 1:

Michael T. Cash

Regulatory Compliance

Duke Power Company

12700 Hagers Ferry Road

Huntersville NC 28078-8985

G. A. Copp

Licensing - EC050

Duke Power Company

P. O. Box 1006

Charlotte NC 28201-1006

Paul R. Newton

Legal Department (PB05E)

Duke Power Company

422 South Church Street

Charlotte. NC 28242-0001

cc w/ encl cont'd:

(See page 2)

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Duke Energy

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cc w/ encl cont'd:

Distribution w/ encl:

Mr. Robert P. Gruber

V. Nerses, NRR

Executive Director

R. Carroll, Ril

Public Staff - NCUC

C. Ogle, Rll

P. O. Box 29520

C. Payne, Rll

Raleigh, NC 27626 0520

J. Lieberman, OE

B. Uryc, Ril

J. Michael McGarry, Ill, Esq.

NRC Resident inspector

Winston and Strawn

PUBLIC

1400 L Street, NW

Washington, D. C.

20005

Mel Fry, Acting Director

Division of Radiation Protection

N. C. Department of Environment.

Health & Natural Resources

P. O. Box 27687

Raleigh, NC 27611 7687

County Manager of Mecklenburg County

720 East Fourth Street

Charlotte, NC 28202

Peter R. Harden IV

Account Sales Manager

Power Systems Field Sales

Westinghouse Electric Corporation

P. O. Box 7288

Charlotte, NC 28241

Dr. John M. Barry, Director

Mecklenburg County Department

of Environmental Protection

700 North Tryon Street

Charlotte. NC 28203

Karen E. Long

Assistant Attorney General

N. C, Department of Justice

P. O. Box 629

Raleigh, NC 27602

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