ML20216H553

Responds to 980312-13 Request That NRC Exercise Discretion Not to Enforce Compliance W/Actions Required in TS SR 4.0.3, 4.8.1.1.2f.4(a) & 4.8.1.1.2f.6(a) During Shutdown.Request Approved

ML20216H553
Person / Time
Site:	Comanche Peak
Issue date:	03/17/1998
From:	Hannon J NRC (Affiliation Not Assigned)
To:	Terry C TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC)
References
NOED-98-6-005, NOED-98-6-5, TAC-MA1171, TAC-MA1172, NUDOCS 9803230069
Download: ML20216H553 (5)

Text

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~* NUCLEAR RESULATORY COMMISSION WASHINGTON. D.C. 30ess 4001

%"*" March 17, 1998 [NP/5 gato Mr. C. Lance Terry TU Electric Group Vice President, Nuclear Attn: Regulatory Affairs Department P. O. Box 1002 Glen Rose, TX 76043

SUBJECT:

NOTICE OF ENFORCEMENT DISCRETION FOR TEXAS UTILITIES ELECTP!C REGARDING COMANCHE PEAK STEAM ELECTRIC STATION -

UNITS 1 AND 2 (TAC NOS. MA1171 AND MA1172) (NOED NO. 98-6-005)

Dear Mr. Terry:

By letters dated March 12 and 13,1998, you requested that the Nuclear Regulatory Commission (NRC) exercise discretion not to enforce compliance with the actions required in Comanche Peak Steam Electric Station (CPSES) Technical Specification (TS) Surveillance Requirement (SR) 4.0.3 and SRs 4.8.1.1.2f.4)a) and 4.8.1.1.2f.6)a), for not having performed portions of SRs 4.8.1.1.2f.4)a) and 4.8.1.1.2f.6)a) during shutdown. Those letters documented information previously discussed with the NRC in a telephone conversation on March 13,1998, at 2:00 p.m. eastem standard time (EST). You stated that due to the missed SRs you entered TS 4.0.3. You requested that a Notice of Enforcement Discretion (NOED) be issued pursuant to the NRC's policy regarding exercise of discretion for an operating facility, set out in Section Vll.c, of the ' General Statement of Policy and Procedures for NRC Enforcement Actions"(Enforcement Policy), NUREG-1600. The requested duration of the SR 4.0.3 discretion is for an additional 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> beyond that allowed by SR 4.0.3. The requested duration for the discretion associated with the 4.8.1.1.2f.4)a) and 4.8.1.1.2f.6)a) SRs is to commence upon approval of this enforcement discretion request and to expire upon disposition of the proposed license amendment.

While performing reviews of surveillance procedures in accordance with NRC Generic Letter 96-01, your staff determined that positive confirmation of the undervoltage contacts in the 480-volt motor control center (MCC) load shedding scheme cannot be established. Surveillance testing has been accomplished that confirms that MCCs load shed (with the exception of XEB4-3 on Unit 2), but a parallel circuit path to the undervoltage contact exists. This omission in the surveillance program at CPSES has been present since the time of initial license and was identified on March 12,1998, at 5:18 p.m. central standard time (CST). As the omission constitutes the failure to perform a SR within the surveillance frequency plus allowable extension in accordance with SR 4.0.2,24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> from March 12,1998, at 5:18 p.m. CST le allowed per SR 4.0.3 to perform the SR.

Your March 12,1998, letter requests that NRC exercise enforcement discretion to not enforce compliance with the action requirements for an additional 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> beyond the allowable 24-hour period. You believe that the additional 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> are necessary to allow for preparation and performance of the SRs in a controlled and safe manner. In addition to the extension of time, your March 13,1998, letter requests that NRC exercise enforcement discretion to not enforce compliance with the "during shutdown" portion of SR 4.8.1.1.2f, in order that CPSES not be o required to shutdown both reactor units to allow credit for surveillance performance or declare 9803230069 990317 pfD/

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h l C. Lance Terry i otherwise operable diesel generators inoperable, in addition, you stated that CPSES will have '

tested all contacts of concem at power prior to the expiration of the 72 hour8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> extension requested in your March 12,1998, letter. As such, you will consider the surveillances to be complete with the exception of literal comp!iance with the "during shutdown" requirement and therefore, request that NRC gra'1t enforcement discretion to allow CPSES to credit the performance of portions of SRs 4.8.1.1.2f.4)a) and 4.8.1.1.2f.6)a) during power operations.

NRC Inspection Manual, Part 9900, " Operations - Notices of Enforcement Discretion," Section B, item 1, states:

For an operating plant, the NOED is intended to (a) avoid undesirable transients as a result of forcing compliance with the license condition and, thus, minimize potential safety consequences and operational risks or (b) eliminate testing, inspection, or system realignment that is inappropriate for the particular plant conditions.

The NRC staff determined that allowing an additional 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> for the preparation and performance of portions of SRs 4.8.1.1.2f.4)a) and 4.8.1.1.2f.6)a) is acceptable. The NRC staff has also determined that crediting the performance of portions of SRs 4.8.1.1.2f.4)a) and 4.8.1.1.2f.6)a) during power operations is acceptable. These tests will demonstrate that the contacts from the undervoltage relays close upon actuation of the associated relay, thus completing the confirmation of the circuit by overlapping tests. Downstream actuation of the -

relays and breaker trips was confirmed during the normal integrated surveillance test (with the exception of the bus tie breaker for MCC XEB4-3 for Unit 2, which was addressed in a previous enforcement discretion). In addition, the staff believes that verification of these segments of the integrated tests during power operation would pose no adverse effect to the A.C. electrical distribution system. As a result, a shutdown of both CPSES units to establish the TS-required conditions to perform the SRs would constitute an unnecessary operational risk. Therefore, the criteria of NRC Inspection Manual, Part 9900, Section B, item 1, are met.

On the basis of the staff's evaluation, the NRC staff concluded that an NOED is warranted because we are clearly satisfied that this action involves minimal or no safety impact and has no adverse radiological impact on public health and safety. Therefore, it is our intention to exercise discretion not to enforce compliance with TS 4.0.3 for the period from March 13,1998, at 5:18 p.m. CST until March 16,1998, at 5:18 p.m. CST. In addition, it is our intention to exercise discretion not to enforce compliance with SRs 4.8.1.1.2f.4)a) and 4.8.1.1.2f.6)a) for the period from March 13,1998, at 3:10 p.m. EST until issuance of a license amendment.

We understand that you will submit a license amendment request by March 16,1998, and we will l process that amendment as an exigent amendment. This letter documents our telephone  !

conversation on March 13,1998, at 5:18 p.m. EST when we orally issued this notice of  !

enforcement discretion.

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d C. Lance Terry 3 However, as stated in the Enforcement Policy, action will nonnally be taken, to the extent that violations were involved, for the root cause that led to the noncompliance for which the NOED was necessary.

Sincerely, )

John N. Hannon, Director Project Directorate IV-1 l

Division of Reactor Projects lil/IV Office of Nuclear Reactor Regulation Docket Nos. 50-445 and 50-446 cc: See next page I

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e j C. Lance Terry however, as stated in the Enforcement Policy, action will normally be taken, to the extent that violations were involved, for the root cause that led to the noncompliance for which the NOED l was necessary.

.I Sincerely, (

ORIGINAL SIGNED BY:

1 John N. Hannon,. Director I Project Directorate IV-1 )

Division of Reactor Projects Ill/lV )

Office of Nuclear Reactor Regulation Docket Nos. 50-445 and 50-446 cc: See next page i I

s D STRIBUT ON:

BM PUBLIC PD41 r/f . H. Thompson S. Collins /F. Miraglia B. Boger B. Sheron G. Lainas E. Adensam(EGA1) J.Hannon C.Hawes T. Alexion OGC W. Beckner ACRS J. Lieberman

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J. Tapia F. Ashe J. Calvo A. Gill E-Mail NOED NRCWEB Document Name: CPA1171.NOE 1 OFC PM/PD44"A LA/PD4-1 (AhDE D/QRMb4/PDIV-1N NAME TAhn CHaheY Gbinas TPG JHannon DATE bbl

/ 9b h l)/98 f/M98 W/9 7// 7/98 COPY hEShO YES/NO YES/h YES/NO )/ED/NO l V OFFICIAL RECORD COPY  !

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3 Mr. C. Lance Tcrry TU Electric Company Comanche Peak, Units 1 and 2 cc:

Senior Resident inspector Honorable Dale McPherscn ,

U.S. Nuclear Regulatory Commission County Judge '

P. O. Box 2159 P. O. Box 851 I

. Glen Rose, TX 76403-2159 Glen Rose, TX 76043 Regional Administrator, RegionIV Office of the Govemor j U.S. Nuclear Regulatory Commission ATTN: John Howard, Director i 611 Ryan Plaza Drive, Suite 400 Environmental and Natural Arlington, TX 76011 Resources Policy

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P. O. Box 12428 Mrs. Juanita Ellis, President Austin, TX 78711 Citizens Association for Sound Energy 1426 South Polk Arthur C. Tate, Director Dallas,TX 75224 Division of Compliance & Inspection Bureau of Radiation Control Mr. Roger D. Walker Texas Department of Health TU Electric 1100 West 49th Street Regulatory Affairs Manager Austin, TX 78756-3180 P. O. Box 1002 Glen Rose, TX 76043 Jim Calloway Public Utility Commission of Texas Texas Utilities Electric Company Electric Industry Analysis clo Bethesda Licensing P. O. Box 13326 ,

3 Metro Center, Suite 810 Austin, TX 78711-3326  !

Bethesda, MD 20814 George L. Edgar, Esq.

Morgan, Lewis & Bockius 1800 M Street, N.W. l Washington, DC 20036-5869 l l