ML20216E769

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Forwards Insp Rept 50-341/98-05 on 980320-0406.Four Apparent Violations Identified & Being Considered for Escalated Enforcement Action Per NUREG-1600.Violations Include Three Failures to Conduct Instrument Response Time Testing Per TS
ML20216E769
Person / Time
Site: Fermi DTE Energy icon.png
Issue date: 04/10/1998
From: Grobe J
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To: Gipson D
DETROIT EDISON CO.
Shared Package
ML20216E774 List:
References
RTR-NUREG-1600 50-341-98-05, 50-341-98-5, EA-98-201, NUDOCS 9804160293
Download: ML20216E769 (4)


See also: IR 05000341/1998005

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April 10, 1998

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EA 98-201

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Mr. D. R. Gipson

Senior Vica President

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Nuclear Generation

The Detroit Edison Company

6400 North Dixie Highway

Newport, MI 48166

SUBJECT:

NRC INSPECTION REPORT 50-341/98005(DRS)

Dear Mr. Gipson:

On September 22,1997, the NRC completed an Engineering and Technical Support inspection

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at your Enrico Fermi, Unit 2, facility. During that inspection, elimination of response time testing

(RTT) under the provisions of 10 CFR 50.59 for trip functional units in the reactor protection

system and for trip units in the isolation and core cooling systems was also reviewed. At the

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end of the inspection, elimination of RTT under 10 CFR 50.59 appeared to involve violations of

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NRC requirements; however, no violations were issued due to similar concems at several other

BWRs. The issue was subsequently documented in Inspection Report 50-341/97011(DRS) as

an unresolved item pending NRC resolution of the generic concerns.

On April 6,1998, a teleconference was conduc'ed with you and members of your staff to

discuss the results of the NRC review of the generic RTT elimination issue. Based on the

information developed during the inspection, the Staff's generic review, and consideration of the

information presented during the teleconference, the NRC has determined that four apparent

violations were identified and are being considered for escalated enforcement action in

accordance with the " General Statement of Policy and Procedure for NRC Enforcement

Actions" (Enforcement Policy), NUREG-1600. The apparent violations include three failures to

conduct instrument RTT in accordance with Technical Specification requirements. The fourth

apparent violation involved the failure to obtain required NRC apprnval prior to implementing

changes to procedures described in the safety analysis report for Technical Specification

required instrument response time testing. The circumstances surrounding these issues, their

significance, and your corrective actions were discussed with members of your staff at the

inspection exit meeting on September 22,1997. As a result, it may not be necessary to

conduct a predecisional enforcement conference in order to enable the NRC to make an

enforcement decision. However, a Notice of Violation is not presently being issued for these

inspection findings. Before the NRC makes its enforcement decision, we are providing you an

opportunity, within 30 days of the date of this letter, to either: (1) respond to the apparent

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violations addressed in this inspection report or (2) request a predecisional enforcement

conference. Please contact John M. Jacobson at (630) 975-9736 within 7 days of the date of

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this letter to notify the NRC of your intended response.

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Your response should be clearly marked as a " Response to Apparent Violations in NRC

Inspection Report 50-341/98005" and should include for each apparent violation: (1) the reason

for the apparent violation, or, if contested, the basis for disputing the apparent violation, (2) the

corrective steps that have been taken and the results achieved, (3) the corrective steps that will

be taken to avoid further violations, and (4) the date when full compliance will be achieved.

Your response should be submitted under oath or affirmation and may reference or include

previous docketed correspondence, if the correspondence adequately addressed the required

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response. If an adequate response is not received within the time specified or an extension of

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time has not been granted by the NRC, the NRC will proceed with its enforcement decision or

schedule a predecisional enforcement conference.

In addition, please be advised that the number and characterization of apparent violations

described in the enclosed inspection report may change as a result of further NRC review. You

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

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

enclosure, and your response (if you choose to provide one) will be placed in the NRC Public

Document Room (PDR). To the extent possible, your response should not include any

personal privacy, proprietary, or safeguards information so that it can be placed in the PDR

without redaction.

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Sincerely,

Original /s/ J. A. Grobe

John A. Grobe, Director

Division of Reactor Safe

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Docket No. 50-341

License No. NPF-43

Enclosure:

Inspection Report 50-341/98005(DRS)

cc w/ encl:

N. Peterson, Director

Nuclear Licensing

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P. A. Marquardt, Corporate

Legal Department

Richard Whale, Michigan Public

Service Commission

Michigan Department of

Environmental Quality

Monroe County, Emergency

Management Division

Emergency Management

Division, Mi Department

of State Police

See Attached Distribution

DOCUMENT NAME: G:DRS\\FER98005.DRS (See Previous Concurrence)

To receive a copy of this document, irdcate in the box "C" a Co y witnout attachment / enclosure E" a Copy with attachment / enclosure "N" = No copy

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Your response should be clearly marked as a Response to Apparent Violations in NRC

Inspection Report 50-441/98-05" and should include for each apparent violation: (1) the reason

for the apparent violation, or, if contested, the basis for disputing the apparent violation, (2) the

corrective steps that have been taken and the results achieved, (3) the corrective steps that will

be taken to avoid further violations, and (4) the date when full compliance will be achieved.

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Your response should be submitted under oath or affirmation and may reference or include

previous docketed correspondence, if the correspondence adequately addressed the required

response. If an adequate response is not received within the time specified or an extension of

time has not been granted by the NRC, the NRC will proceed with its enforcement decision or

scheduie a predecisional enforcement conference.

In addition, please be advised that the number and characterization of apparent violations

described in the enclosed inspection report may change as a result of further NRC review. You

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

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

enclosure, and your response (if you choose to provide one) will be placed in the NRC Public

Document Room (PDR). To the extent possible, your response should not include any

personal privacy, proprietary, or safeguards information so that it can be placed in the PDR

without redaction.

Sincerely,

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John A. Grobe, Director

Division of Reactor Safe

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Docket No. 50-341

License No. NPF-43

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Enclosure:

Inspection Report 50-341/98005(DRS)

cc w/ encl:

N. Peterson, Director

Nuclear Licensing

P. A. Marquardt, Corporate

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Richard Whale, Michigan Public

Service Commission

Michigan Department of

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Monroe County, Emergency

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DOCUMENT NAME: G:DRS\\FER98005.DRS

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