ML20212M191
| ML20212M191 | |
| Person / Time | |
|---|---|
| Site: | Sequoyah  |
| Issue date: | 09/21/1999 |
| From: | Reyes L NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | Scalice J TENNESSEE VALLEY AUTHORITY |
| References | |
| 50-327-99-04, 50-328-99-04, EA-99-207, NUDOCS 9910080217 | |
| Download: ML20212M191 (3) | |
See also: IR 05000327/1999004
Text
7
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September 21,1999
EA 99-207
Tennessee Valley Authority
ATTN:
Mr. J. A. Scalice
Chief Nuclear Officer and
Executive Vice President
6A Lookout Place
1101 Market Street
Chattanooga, TN 37402-2801
SUBJECT:
EXERCISE OF ENFORCEMENT DISCRETION (NRC INTEGRATED
INSPECTION REPORT NO. 50-327/99-04 AND 50-328/99-04)
Dear Mr. Scalice:
On July 17,1999, the NRC completed an inspection at your Sequoyah 1 & 2 reactor facilities.
The results of the inspection were discussed on July 26 and again on August 9,1999, with
Mr. M. Bajestani and other members of your staff, and were formally transmitted to you by letter
dated August 13,1999. This letter provides you with the results of our deliberations regarding
Apparent Violation 50-328/99-04-05 documented in the subject inspection report.
During the inspection, the NRC identified an apparent violation associated with the
implementation of procedural changes which resulted in three containment penetrations being
left open during the April 1999 refueling outage. These procedural changes, which in effect,
resulted in a change to Technical Specification (TS) 3.9.4.c, were implemented without prior
Commission approval as required by 10 CFR 50.59. TS 3.9.4.c is applicable during core
alterations or movement of irradiated fuel within the containment, and requires that each
containment building penetration providing direct access from the containment atmosphere to
the outside atmosphere be either closed by an isolation valve, blind flange, or manual valve, or
be capable of being closed by an operable automatic containment ventilation isolation valve.
The three containment penetrations documented in the inspection report included one used for
ice blowing equipment (to provide ice makeup to the ice condenser), one used for the ice
condenser melt drain system, ar'd one penetration used for steam generator sludge lancing
equipment. As discussed in paragraph 1R20 of the inspection report, the installation and
,
'
operation of the ice blowing equipment to the containment penetration and the modification of
the penetration used for steam generator sludge lancing equipment were previously discussed
in NRC Inspection Report (IR) 50-327,328/91-23, dated November 18,1991. This IR indicated
that, based on discussions between Region ll and the Office of Nuclear Reactor Regulation,
these two issues were not safety significant from a regulatory standpoint. The IR, however,
failed to properly characterize the 10 CFR 50.59 issue, and thus did not identify a violation in this
area.
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As you are aware, the Sequoyah facility is participating in the pilot plant study for reactor
oversight. As discussed in Appendix F of the " General Statement of Policy and Procedures for
Enforcement Actions" (Enforcement Policy), NUREG-1600, violations of 10 CFR 50.59 at
facilities participating in the pilot plant study are not evaluated by the Significance Determination
Process. Instead, violations of 10 CFR 60.59 may have the potential to impact the effectiveness
of NRC's oversight activities, and are thus dispositoned in accordance with the normal NRC
As part of the determination of the severity level of violations of 10 CFR 50.59, the NRC
considers whether the procedures and plant configuration creating the TS change would have
been approved, had your staff requested a formal change to TS. Notwithstanding the
conclusion of the 1991 IR, in this case, the NRC determined that had a TS change request been
submitted for the as-installed plant configuration and applicable fuel handling procedures
involving the penetration used for ice blowing equipment, the request would likely not have been
approved. Violations such as this are generally characterized in accordance with the NRC
Enforcement Policy at Severity Level 111. The two issues involving the penetration used for the
ice condenser melt drain system and the penetration used for steam generator sludge lancing
l
equipment would likely have been approved had a TS change request been submitted.
Violations such as these are generally characterized at Severity Level IV. However, as provided
in Section Vll B.6 of the Enforcement Policy, the NRC may refrain from issuing a Notice of
Violation for issues involving special circumstances.
After consultation with the Director, Office of Enforcement, I have been authorized to exercise
discretion and refrain from issuing a Notice of Violation in this case. Discretion is warranted in
this case because the NRC's review of these issues, as documented in the 1991 inspection
report, contributed to the failure to address the complete spectrum of regulatory issues at that
time. In particular, the NRC's 1991 review, as well as your staff's review, did not recognize the
I
TS and 10 CFR 50.59 compliance issues, which contributed to your staff's continued use of the
10 CFR 50.59 process to change procedures, resulting in a TS violation. The NRC also notes
that your staff has been responsive in actively considering options to fully address these issues
for any upcoming refueling operations.
This letter closes Apparent Violation 50-328/99-04-05, and no formal response to this letter is
required.
in accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter will be
placed in the NRC Public Document Room.
Sincerely,
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Original signed by LAR
Luis A. Reyes
Regional Administrator
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Docket Nos. 50-327,50-328
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NRC Resident inspector, Operations
U. S. Nuclear Regulatpry Commission
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1260 Nuclear Plant Road
Spring City, TN 37381
NRC Resident inspector
Sequoyah Nuclear Plant
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U. S. Nuclear Regulatory Commission
2600 Igou Ferry Road
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