ML20217G696

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Forwards Insp Rept 50-461/98-03 & Exercise of Enforcement Discretion on 980123-0303.Insp Determined That Several Violations Occurred.Nov Not Issued Due to Enforcement Discretion in Accordance W/Section VII.B.2
ML20217G696
Person / Time
Site: Clinton Constellation icon.png
Issue date: 03/27/1998
From: Grobe J
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To: Walter MacFarland
ILLINOIS POWER CO.
Shared Package
ML20217G701 List:
References
50-461-96-10, 50-461-97-02, 50-461-97-2, 50-461-97-22, 50-461-98-03, 50-461-98-3, CAL-RIII-96-13, CAL-RIII-97-01, CAL-RIII-97-1, EA-98-068, EA-98-189, EA-98-68, NUDOCS 9804020497
Download: ML20217G696 (3)


See also: IR 05000461/1998003

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UNITED STATES

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March 27, 1998

EA 98-068

EA 98-189

Mr. Walter G. MacFarland, IV

Senior Vice President

Clinton Power Station

Illinois Power Company

Mail Code V-275

P.O. Box 678

Clinton,IL 61727

SUBJECT:

INSPECTION REPORT NO. 50-461/98003(DRP) AND EXERCISE OF

ENFORCEMENT DISCRETION

Dear Mr. MacFarland:

On March 3,1998, the NRC completed an inspection at your Clinton Facility. The enclosed

report presents the results of that inspection.

The critical evaluation completed by your staff of the emergency response organization

performance during the February 13 Alert identified numerous deficiencies and indicates an

improvement in the ability to perform post-event assessments. Nevertheless, the deficiencies

identified by your staff during the Alert as well as NRC-identified deficiencies documented in

inspection Report Nos. 50-461/96010, -97002, and -97022, represent a decline in emergency

preparedness performance, improvements in emergency preparedness performance will be

reviewed during NRC 0350 Penel restart activities.

During the course of this inspection, we identified that the corrective actions implemented in

response to Confirmatory Action Letters Rill-96-013 and Rlli-97-001 failed to prevent recurrence

of previously identified deficiencies. Specifically, the actions taken to prevent another

unmonitored increase in main control room deficiencies and operator workarounds and to

improve procedure use and quality were not fully effective. The failure of your corrective action

program to adequately address issues which were the subject of Confirmatory Action Letters is of

particular concern to us and reinforces our previous concerns with this program.

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

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requirements occurred. Examples of violations were identified in a number of different areas,

including procedural adequacy and adherence, corrective actions, design control, and safety

evaluations for system testing. Individually and collectively the violations are of regulatory

concem because they are essentially all repetitive issues that have not been effectively

addressed by your staff.

However, I have been authorized, after consultation with the Director, Office of Enforcement and

the Regional Administrator, to exercise enforcement discretion in accordance with

Section Vll.B.2, " Violations identified During Extended Shutdowns or Work Stoppages," of the

" General Statement of Policy and Procedures for NRC Enforcement Actions"(Enforcement

Policy), and not issue a Notice of Violation in this case. The decision to apply enforcement

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' discretion was based on consideration of the following: (1) significant NRC enforcement action.

'was taken against the Illinois Power Company for several programmatic breakdowns for which

' Clinton Power Station's corrective actions encompassed the root causes for these violations; ,

(2) additional enforcement action was not considered to be necessary to achieve remedial action

for these violations due to Clinton Power Station's commitments in its Plan For Excellence to

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take actions to address the programs responsible for these issues prior to plant restart; (3) the

violations were related to problems which were present prior to the events leading to the

shutdown; (4) the violations would not be classified at a severity level higher than -

. Severity Level ll; (5) the violations were not willful; and (6) lilinois Power Company will meet with

the NRC to explain their efforts to resolve corrective action problems prior to restart as reflected

in the NRC's September 26,1997, Demand for Information (EA 97-435). Effective corrective

actions will need to be demonstrated prior to restart. The NRC must emphasize that failure to

achieve effective performance improvement would lead to more significant regulatory sanctions.

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

enclosure will be placed in the NRC Public Document Room.

We will gladly discuss any questions you have concerning this inspection.

Sincerely,

Original signed by

John A. Grobe, Director

Division of Reactor Safety

Docket No.: 50-461

License No.: NPF-62

Enclosure:

Inspection Report

No. 50-461/98003(DRP)

cc w/ encl:

G. Hunger, Station Manager

R. Phares, Manager, Nuclear Safety

and Performance improvement

J. Sipek, Director- Licensing

Nathan Schloss, Economist

Office of the Attorney General

G. Stramback, Regulatory Licensing

Services Project Manager

General Electric Company

Chairman, DeWitt County Board

State Liaison Officer

Chairman, Illinois Commerce Commission

To receive e ces f of this document, Ind6cate in the box %:.DRS (SEE PREVIOUS CONCURRENCE)

DOCUMENT NAME: G:\\DRS\\CLl980

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Distribution:

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DRP w/ enc!

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SRI Clinton w/enct

PUBLIC IE-01 w/enci

' Project Manager, NRR w/enci

Rill PRR w/enci

Rlll Enf. Coordinator w/ encl

IEO w/enct (E-mail)

TSS w/enci

A. B. Beach w/ encl

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DOCDESK (E-mail)

Deputy RA w/enci

DRS (2) w/enci

GREENS

.J. Lieberman, OE

J. Goldberg, OGC

B. Boger, NRR

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