ML20236Y247
| ML20236Y247 | |
| Person / Time | |
|---|---|
| Site: | Catawba  |
| Issue date: | 08/07/1998 |
| From: | Berkow H NRC (Affiliation Not Assigned) |
| To: | Gordon Peterson DUKE POWER CO. |
| References | |
| TAC-MA2453, NUDOCS 9808120023 | |
| Download: ML20236Y247 (5) | |
Text
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UNITED STATES
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NUCLEAR REGULATORY COMMISSION WAsMINGToN, D.C. 30006 0001 August 7,1998 Mr G. R. Peterson Site Vice President Catawba Nuclear Station Duke Energy Corporation 4800 Concord Road
. York, South Carolina 29745-9635 l
SUBJECT:
CATAWBA NUCLEAR STATION, UNIT 1 - NOTICE OF ENFORCEMENT DISCRETION (NO. 98-6-013) (TAC NO. MA2453)
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Dear Mr. Peterson:
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By letter dated August 6,1998, you requested that the NRC exercise discretion not to enforce compliance with the actions required by Catawba Nuclear Station, Unit 1, Technical Specification (TS) Section 4.8.1.1.2.1.2. This requires the performance, every 10 years, of a pressure test of those portions of the diesel fuel oil system, associated with the emergency i
diesel generators (EDGs), designed to Section lil, subsection ND of the ASME Code at a test pressure equal to 110% of the system design pressure. That letter documented information previously discussed with the staff in a telephone conversation on August 6,1998, at 11:00 a.m. (NRR Projects, NRR Division of Engineering, and Region 11 personnel were l
present).' You stated that, because the EDGs would not be in compliance with TS 4.8.1.1.2.i.2, entry into TS 4.0.3 (regarding failure to perform a surveillance requirement) was made at 5:55 p.m. on August 5,1998. TS 4.0.3 requires that the subject surveillance be completed within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />, and TS 3.8.1.1.f.2 requires Catawba Unit 1 be in Hot Standby within 6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br />, and Hot Shutdown within the following 30 hours3.472222e-4 days <br />0.00833 hours <br />4.960317e-5 weeks <br />1.1415e-5 months <br />, if the pressure test cannot be completed to
- demonstrate operability of the diesel generators. You requested that a Notice of Enforcement Discretion (NOED) be issued pursuant to the NRC's policy regarding exercising discretion for an operating facility, set forth in Section Vll.c, of the
- General Statement of Policy and Procedures for NRC Enforcement Actions" (Enforcement Policy), NUREG-1600, and that the NOED be effective for the period until the issuance of a related TS amendment.,
_. Your staff determined that testing of the fuel oil system was not being performed as required by TS 4.8.1.1.2.1.2. The subject surveillance program, however, was being conducted in
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accordance with ASME Section XI, Code Case N-498-1, which was authorized for use at O
Catawba Units 1 and 2, by the NRC, ir. its letter dated February 13,1995.' This relief from ASME Code requirements, in Code Case N-498-1, permits the use of VT-2 visual examination, p
in conjunction with a system pressure test on Class 3 systems in lieu of hydrostatic testing.
7g t Thus, the wording of TS 4.8.1.1.2.1.2 conflicts with that of TS 4.0.5, which requires that
- Inservice inspection of ASME Code Class 1,2, and 3 components... shall be performed in accordance with Section XI of the ASME Boiler and Pressure Vessel Code and applicable
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Addenda as required by 10 CFR Part 50, Section 50.55a(g), except where specific wntten rehef has been a_ ranted by the Commission oursuant to 10 CFR Part 50. Section 50.55a(a)(6)(i)"
(emphasis added). On August 5,1998, Duke determined that the two Catawba Unit 1 EDGs were inoperable on the basis of noncompliance with TS 4.8.1.1.2.1.2.
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G. R. Peterson.
' On the basis of the preceding information, the staff has determined that the compliance with TS 4.8.1.1.2.1.2 is not necessary in that TS 4.0.5 provides acceptable standards for inservice testing of the EDG fuel oil systems. There are no negative safety consequences associated I
with continued use of Code Case N-498-1, and thus no compensatory measures have been proposed by Duke.
l The staff has reviewed your request and justification for the issuance of the NOED and agrees that it satisfies criterion 1(a) of the staffs guidance, and that failure to implement the surveillance requirement of TS Section 4.8.1.1.2.1.2 should not result in the forced shutdown of Unit 1. The staff concludes that the issue does not create any concems regarding the capability of any structures, systems, or components to perform their intended safety functions.
On the basis of the staffs evaluation of your request, the staff has concluded that a NOED is warranted because the staff is 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 the staffs intention to exercise discretion not to enforce compliance with TS Section 4.8.1.1.2.1.2 for l
the period from 5:55 p.m on August 6,1998, until issuance of a related amendment to revise l
the subject TS, which was requested by your second letter dated August 6,1998. This letter documents our telephone conversation at 2:45 p.m. on August 6,1998, when the staff verbally issued this NOED.
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 this NOED was necessary.
Sincerely,
& 0, fMW
[g Herbert N. Berkow, Director Project Directorate ll-2 Division of Reactor Projects - 1/II Office of Nuclear Reactor Regulation Docket No. 50-413 cc: See next page
1 G. R. Peterson l On the basis of the preceding information, the staff has determined that the compliance with TS l
4.8.1.1.2.1.2 is not necessary in that TS 4.0.5 provides acceptable standards for inservice testing of the EDG fuel oil systems. There are no negative safety consequences associated with continued use of Code Case N-498-1, and thus no compensatory measures have been proposed by Duke.
The staff has reviewed your request and justification for the issuance of the NOED and agrees that it satisfies criterion 1(a) of the staffs guidance, and that failure to implement the surveillance requirement of TS Section 4.8.1.1.2.1.2 should not result in the forced shutdown of Unit 1. The staff concludes that the issue does not create any concems regarding the capability l
of any structures, systems, or components to perform their intended safety functions.
On the basis of the staffs evaluation of your request, the staff has concluded that a NOED is warranted because the staff is 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 the staffs intention to exercise discretion not to enforce compliance with TS Section 4.8.1.1.2.1.2 for the period from 5:55 p.m on August 6,1998, until issuance of a related amendment to revise the subject TS, which was requested by your second letter dated August 6,1998. This letter documents our telephone conversation at 2:45 p.m. on August 6,1998, when the staff verbally issued this NOED.
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 this NOED was necessary.
Sincerely, orw;nd sic.yA b Gec t Thoec 6r y
Herbert'N. Berko Director 4
Project Directorate ll-2 Division of Reactor Projects - 1/ll Office of Nuclear Reactor Regulation i
Docket No. 50-413 Distribution BBoger OGC Docket File - JZwolinski ACRS l
cc: See next page PUBLIC JLieberman DNaujock,0-7 D4 I
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Catawba Nuclear Station cc:
Mr. M. S. Kitlan North Carolina Electric Membership Regulatory Compliance Manager Corporation Duke Energy Corporation P. O. Box 27306 4800 Concord Road Raleigh, North Carolina 27611 York, South Carolina 29745 Senior Resident inspector Mr. Paul R. Newton U.S. Nuclear Regulatory Commission Legal Department (PB05E) 4830 Concord Road Duke Energy Corporation York, South Carolina 29745 422 South Church Street Charlotte, North Carolina 28242 Regional Administrator, Region ll U. S. Nuclear Regulatory Commission J. Michael McGarry, Ill, Esquire Atlanta Federal Center Winston and Strawn 61 Forsyth Street, S.W., Suite 23T85 1400 L Street, NW Atlanta, Georgia 30303 Washington, DC 20005 Max Batavia, Chief North Carolina Municipal Power Bureau of Radiological Health Agency Number 1 South Carolina Department of 1427 Meadowwood Boulevard Health and Environmental Control P. O. Box 29513 2600 Bull Street Raleigh, North Carolina 27626 Columbia, South Carolina 29201 County Manager of York County L. A. Keller York County Courthouse Manager-Nuclear Regulatory York, South Carolina 29745 Licensing Duke Energy Corporation Piedmont Municipal Power Agency 526 South Church Street 121 Village Drive Charlotte, North Carolina 28242-0001 Greer, South Carolina 29651 Saluda River Electric Ms. Karen E. Long P. O. Box 929 Assistant Attorney General Laurens, South Carolina 29360 North Carolina Department of Justice 1
P. O. Box 629 Peter R. Harden, IV
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Raleigh, North Carolina 27602 Account Manager Energy Systems Sales Elaine Wathen. Lead REP Planner Westinghouse Electric Corporation 3
I Division of Emergency Management P. O. Box 7288 J
116 West Jones Street Charlotte, North Carolina 28241-7288 l
Raleigh, North Carolina 27603-1335
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4 Catawba Nuclear Station cc:
Mr. T, Richard Puryear Owners Group (NCEMC)
Duke Energy Corporation 4800 Concord Road York, South Carolina 29745 Richard M. Fry, Director Division of Radiation Protection North Carolina Department of Environment, Health, and Natural Resources 3825 Barrett Drive Raleigh, North Carolina 27609-7721 l
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