ML20237B441

Responds to Requesting That NRC Exercise Discretion Not to Enforce Compliance W/Actions Required by Plant TS Section 4.6.5.1.b.2.Staff Agrees W/Request to Exercise Discretion

ML20237B441
Person / Time
Site:	Catawba
Issue date:	08/14/1998
From:	Berkow H NRC (Affiliation Not Assigned)
To:	Gordon Peterson DUKE POWER CO.
References
TAC-MA3279, NUDOCS 9808180266
Download: ML20237B441 (5)

Text

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• j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20066 4 o01

%..... August 14, 1998 l

Mr. G. R. Peterson Site Vice President Catawba Nuclear Station

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Duke Energy Corporation 4800 Concord Road York, South Carolina 29745-9635

SUBJECT:

CATAWBA NUCLEAR STATION, UNIT 2 - NOTICE OF ENFORCEMENT DISCRETION (NO. 98-6-015) (TAC NO. MA3279)

Dear Mr. Peterson:

By letter dated August 12,1998, you requested that the NRC exercise discretion not to enforce compliance with the actions required by Catawba Nuclear Station, Unit 2, Technical Specification (TS) Section 4.6.5.1.b.2. This requires the performance, every 9 months, of a visual inspection of flow passages in various parts of the ice condenser for accumulation of frost or ice. That letter documented information previously discussed with the staff in a telephone conversation on August 12,1998, at 1:30 p.m. (NRR Projects, NRR Technical Specifications Branch, and Region 11 personnel were present.) During that discussion, the staff informed you ofits conclusion that the surveillance requirements of TS 4.6.5.1.b.2 were not met. You stated that, because the ice condenser surve" lance would not be in compliance with TS 4.6.5.1.b.2, j entry into TS 4.0.3 (regarding failure to perform a surveillance requirement) was made at 1:36 i p.m. on August 12,1998. The applicable Action requirement states, "With the ice bed inoperable, restore the ice bed to OPERABLE status within 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> or be in at least HOT l l

STANDBY within the next 6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> and in COLD SHUTDOWN within the following 30 hours3.472222e-4 days <br />0.00833 hours <br />4.960317e-5 weeks <br />1.1415e-5 months <br />."

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 Vil.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 unit enters Mode 5 for the End-of-Cycle-9 Refueling Outage, currently projected to be on September 5,1998.

Your staff determined that Surveillance Requirement 4.6.5.1.b.2 was not being completely complied with, since the surveillance inspection did not include the lower inlet plenum and the tuming vanes. Therefore, the Catawba Unit 2 ice condenser was declared inoperable and you asked for staff enforcement discretion for those ice condenser components which are inaccessible during operation, i.e. the lower plenum support structures and tuming vanes. The lower containment is not usually accessible during power operation because of high personnel radiological dose considerations. The enforcement discretion would allow continued operation \} _J of the unit until the unit enters Mode 5 for the End-of-Cycle-9 Refueling Outage, currently i projected to be on September 5,1998.

;A-1 i The principal reason for the requirement that frost and ice buildup be limited stems from steam Q

t flow considerations within the ice basket matrix, i.e. uncontrolled buildup of frost / ice in this -

j' region can have a significant effect on the pressure drop across the ice condenser. For this reason, the subject surveillance requirement mentions specific structural components as having candidate surfaces for frost / ice buildup. The objective is the need to assure that adequate flow 9808190266 980814 9s _.,p. , ~cwnppgy DR ADOCK 050 44 g g g y gg }

G. R. Peterson area is available for steam flow so that the pressure drop across the ice matrix is within design limits. The lower inlet plenum and associated components (such as the turning vanes) represent a relatively large free volume, such that the available flow area is not significantly affected by any localized frost / ice buildup within the volume. Specifically, the available flow area in the lower inlet plenum is typically 10 to 100 times the flow area within the ice basket matrix. Hence, the literal application of the subject surveillance requirement to the lower inlet plenum region has no significant physical basis.

On the basis of the preceding information, the staff has determined that it is not necessary to enforce compliance with TS 4.6.5.1.b.2 for the duration of the NOED, in that the ice condenser is currently capable of performing the required design function in the event of an accident and that the granting of this enforcement discretion will not result in any unavailability of the ice condensers. There are no negative safety consequences associated with the granting of this enforcement discretion, and no compensatory measures have been proposed by Duke Energy Corporation.

The staff has reviewed your request and justification for the issuance of the NOED and agrees that it satisfies criterion 1(a) of the staff's guidance, and that failure to implement the surveillance requirement of TS Section 4.6.5.1.b.2 should not result in the forced shutdown of Unit 2. The staff concludes that the issue does not create any concerns regarding the cc~bility of any structures, systems, or components to perform their intended safety functions.

On the basis of the staff's 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 staff's intention to exercise discretion not to enforce compliance with TS Section 4.6.5.1.b.2 for the period from 4:50 p.m. on August 13,1998, until the unit enters Mode 5 for the End-of-Cycle 9 Refueling Outage, currently projected to be on September 5,1998. This letter documents our telephone conversation at 4:50 p.m. on August 13,1998, 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, Il * '

f g ij, t k-rt N. Eierkow, Director

1. roject Directorate ll-2 i Division of Reactor Projects - 1/11 Office of Nuclear Reactor Regulation Docket No. 50-414 cc: See next page

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 28201-1006 Regional Administrator, Region ll U. S. Nuclear Regulatory Commission J. Michael McGarry, lil, Esquire Atlanta Federal Center Winston and Strawn 61 Forsyth Street, S.W., Suite 23T85 1400 L Street, NW Atlanta, Georgia 30303 Washington, DC 20005 Virgil R. Autry, Director North Carolina Municipal Power Division of Radioactive Waste Management Agency Number 1 Bureau of Solid and Hazardous Waste 1427 Meadowwood Boulevard Department of Health and Environmental P. O. Box 29513 Control Raleigh, North Carolina 27626 2600 Bull Street Columbia, South Carolina 29201 County Manager of York County York County Courthouse L. A. Keller York, South Carolina 29745 Manager - Nuclear Regulatory Licensing Piedmont Municipal Power Agency Duka Energy Corporation 121 Village Drive 526 South Church Street Greer, South Carolina 29651 Charlotte, North Carolina 28201-1006 Ms. Karen E. Long Saluda River Electric Assistant Attorney General P. O. Box 929 North Carolina Department of Justice Laurens, South Carolina 29360 P. O. Box 629 Raleigh, North Carolina 27602 Peter R. Harden, IV Account Manager Elaine Wathen, Lead REP Planner Energy Systems Sales Division of Emergency Management Westinghouse Electric Corporation 116 West Jones Street P. O. Box 7288 Raleigh, North Carolina 27603-1335 Charlotte, North Carolina 282A1-7288

Catawba Nuclear Station cc:

Mr. T.' Richard Puryear i Owners Group (NCEMC)

Duke Energy Corporation 4800 Concord Road -

York, South Carolina 29745 i

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 i

l

l G. R. pit;:rson August 14, 1998 area is available for steam flow so that the pressurt, Np across the ice matrix is within design limits. The lower inlet plenum and associated components (such as the tuming vanes) represent a relatively large free volume, such that the available flow area is not significantly affected by any localized frost / ice buildup within the volume. Specifically, the available flow area in the lower inlet plenum is typically 10 to 100 times the flow area within the ice basket matrix.' Hence, the literal application of the subject surveillance requirement to the lower inlet plenum region has no significant physical basis.

On the basis of the preceding information, the staff has determined that it is not necessary to enforce compliance with TS 4.6.5.1.b.2 for the duration of the NOED, in that the ice condenser is currently capable of performing the required design function in the event of an accident and that the granting of this enforcement discretion will not result in any unavailability of the ice condensers. There are no negative safety consequences associated with the granting of this enforcement discretion, and no compensatory measures have been proposed by Duke Energy Corporation.

The staff has reviewed your request and justification for the issuance of the NOED and agrees that it satisfies criterion 1(a) of the staff's guidance, and that failure to implement the

. surveillance requirement of TS Section 4.6.5.1.b.2 should not result in the forced shutdown of Unit 2. The staff concludes that the issue does not create any concerns regarding the capability of any structures, systems, or components to perform their intended safety functions.

On the basis of the staff's 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 4.6.5.1.b.2 for the period from 4:50 p.m. on August 13,1998, until the unit enters Mode 5 for the End-of Cycle 9 Refueling Outage, currently projected to be on September 5,1998. This letter )

documents our telephone conversation at 4:50 p.m. on August 13,1998, 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, .

ORIGINAL SIGNED BY:

Herbert N. Berkow, Director Project Directorate ll-2 Division of Reactor Projects -I/II

' Office of Nuclear Reactor Regulation

. Docket No. 50-414 Distribution BBoger OGC Docket File _ _ JZwolinski ACRS cc: See next page PUBLIC JLieberman K.Campe,0-8 H7 i PDil-2 RF SCollins/FMiraglia R.Giardina,0-13 H15 i HThompson COgle, Rll e-mail BSheron LPlisco, Ril NRCWEB NOED WBeckner

. DOCUMENT NAME: G:\ CATAWBA \CATA3279.LTR

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[ OFFICE PQ4f/f)Il PDll-2/LA l6 DSSA/D l Rll l PDMW'7[

NAME Ff ran@ LBerry [fa GHolahan* COgle* HBeridw' DATE F 44498 5 //v/98 8 / 14 /98 8 / 14 /98 f / N /98 OFFICIAL RECORD COPY *See previous concurrence

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