ML20238F496

Discusses 980828 Request That NRC Exercise Discretion Not to Enforce Compliance W/Actions in STP TS SR 4.0.5 Re Testing Requirements for 8 Containment Isolation Cvs.Noed Warranted Because Action Involves Minimal or No Safety Impact

ML20238F496
Person / Time
Site:	South Texas
Issue date:	08/31/1998
From:	Bateman W NRC (Affiliation Not Assigned)
To:	Cottle W HOUSTON LIGHTING & POWER CO.
Shared Package
ML20238F498	List: ML20238F496 NOC-AE-00278, Requests Enforcement Discretion from Provisions of TS 4.0.5 That Apply to Inservice Testing Requirements of Section XI of ASME BPV Code for Containment Isolation Valves
References
GL-89-04, GL-89-4, TAC-MA3419, NUDOCS 9809030398
Download: ML20238F496 (7)

Text

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a Crg g k UNITED STATES M

j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 3066dko001

\, Qp */ August 31, 1998 Mr. William T. Ccitle President and Chief Executive Officer STP Nuclear Operating Company South Texas Project Electric Generating Station P. O. Box 289 Wadsworth,TX 77483

SUBJECT:

NOTICE OF ENFORCEMENT DISCRETION FOR STP NUCLEAR OPERATING COMPANY (STPNOC) REGARDING SOUTH TEXAS PROJECT, UNIT 1 (TAC NO. MA3419) (NOED NO. 98-6-016)-

Dear Mr. Cottle:

By letter dated August 28,1998, you requested that the Nuclear Regulatory Commission (NRC) exercise discretion not to enforce compliance with the actions required in the South Texas Project Technical Specification (TS) Surveillance Requirement (SR) 4.0.5 as it applies to testing requirements for eight containment isolation check valves in Unit 1. This letter documented information that was faxed to the NRC in draft form (Enclosed) and previously discussed with the NRC on August 27,1998, starting at 4:00 p.m. eastem daylight time (EDT).

You stated that due to the missed surveillance on these valves, these valves were determined to be inoperable and the action requirements of TS 3.6.3 for containment isolation valves was entered for each valve at 6:30 p.m. central daylight time (CDT) on August 26,1998. If the valves were not returned to operable status within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />, the specific action statements would result in shutdown for Unit 1. 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 discretion that would allow the valves to meet the requirements of TS 4.0.5, allow the valves to remain operable, and allow Unit 1 to exit the requirements of TS 3.6.3, is until the next refueling outage or cold shutdown period of sufficient duration or until such time as a proposed TS amendment is reviewed and approved by the NRC (the next refueling outage for Unit 1 is scheduled to begin in March 1999).

During a review of the Inservice Test Plan, you deterrnined that these eight containment isolation valves had not been tested in the required position for performing a specific safety i function (closed) within the required testing periodicity of the Section Xi ASME Code. These l valves have met Section XI ASME Code requirements for testing in the open direction. These l valves have been historicaky tested in the closed direction by performance of local leak rate testing required by Appendix J of 10 CFR Part 50. STPNOC received a license amendment to

, the TSs on Auguat 13,1996, for allowing performance-based containment leak testing per Appendix J, Option B of 10 CFR Part 50. Leak rate performance testing allowed extension of the local leak rate test frequency to periodicities beyond each refueling cycle, and the frequency l

of the appropriate plant surveillance for leak rate testing was extenoed for the affected valves.

However, an attemate test method to test the valves in the shut direction was not develcped to 9809030398 900831 PDR F ,

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William T. Cottle meet the Section XI ASME Code test frequency requirements. When the change was made to I implement Appendix J, Option B of 10 CFR Part 50, which allowed extension of local leak rate l testing periodicities, the change process dd not adequately evaluate the impact of Section XI l ASME Code testing requirements. In addition, you stated that the required testing on these eight valves (listed in Attachment 2 of your August 28,1998, letter) cannot be performed with the unit at power.

You stated that the purpose of containment isolation valves ensures that the containment atmosphere will be isolated from the outside environment in the event of a release of radioactive material to the containment atmosphere or pressurization of the containment. The valves for which discretion is being requested tested satisfactorily in the closed position in accordance with ASME Code requirements the last time the test was performed. Performance-based local leak rate testing results have demonstrated the leak tightness of these valves such that leak rate testing periodicities have been extended beyond the periodicity of a normal refueling cycle. In addition, maintenance history has demonstrated reliable performance of these valves (you provided a summary table of recent localleak rate test results). Also, you stated that the potential failure of these valves to close has no impact on core damage 1 frequency and the impact of these valves, assuming complete failure, from a large early release standpoint is minimal. Based on the above, you concluded that in the event containment isolation is necessary, the subject valves will have a high probability of performing their intended safety function and the safety significarice of the proposed cetion is extremely small.

NRC Inspection Manual Part 9900, " Operations - Notices of Enforcement Discretion,"

Section B, item 1, states: 1 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 the potential safety consequences and operational risks or (b) eliminate testing, inspection, or system realignment that is appropriate for the particular plant conditions.

l The NRC staff has evaluated your request. The ASME Code requires that check valves be exercised to their safety position every three months. If testing is impractical at power it may be i deferred to cold shutdowns or refueling outages. Certain containment isolation valves may not be capable of verifying their closed safety function quarterly because they do not have remote position indication and are located inside of containment or at other inaccessible locations.

These check valves may also lack design provisions for testing at any plant condition to verify closure. Staff guidance included in NUREG-1482, " Guidelines for Inservice Testing at Nuclear Power Plants," Section 4.1.4, states that if no other practical means is available, it is acceptable to verify that check valves are capable of closing by performing leak rate testing, such as local leak rate testing in accord with 10 CFR Part 50, Appendix J, at each reactor refueling outage.

STPNOC had previously performed closure testing of the eight check valves by using the

( 10 CFR Part 50, Appendix J test program for containment isolation valves as described in the j staff guidance.

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ss ,

William T. Cottle }

In evaluating the operational readiness of the eight check valves, the staff examined Appendix J leak rate test data provided by STPNOC from the previous three refueling outages. All valves were previously leak rate tested in accordance with Appendix J in May of 1996, during the previous Unit i refueling outage and passed their acceptance criteria by a significant margin.

Historical data from the prior two tests did not reveal any leak rate test failures and also did not indicate that any of the valves were trending such that they would fail their leak rate test if the Appendix J testing was deferred to the next refueling outage. One valve, FP-0493, did exceed its acceptance criteria in December 1993, because of an inproper test setup. The subsequent two refueling outage tests were acceptable. The next refueling outage is scheduled for March of 1999. The two refueling outage test interval proposed by STPNOC, while greater than the current Code requirements, is identical to guidance provided in Generic Letter 89-04, Guidance on Developing Acceptablo Inservice Test Programs. Position 2 of Generic Letter 89-04 allows a licensee, in cases of extreme hardship, to extend the disassembly interval of a check valve to L every other refueling outage where the extension is supported by actual in-plant data from previous testing. Therefore, the staff finds that the proposed extension is acceptable. As a result, a shutdown of South Texas Project, Unit 1, to perform the required testing on these eight valves 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 sdverse radiological impact on public health and safety. Therefore, we exercised discretion not to enforce compliance with TS 4.0.5 regarding testing of the eight valves discussed above

- in the closed position for the period from August 27,1998, at 5:00 p.m. EDT until the next refueling outage or cold shutdown period of sufficient duration or until such time as a proposed

- TS amendment is reviewed and approved by the NRC.

We note that you submitted a license amendment request on August 28,1998, and we will process that amendment as an exigent amendment. This letter documents our telephone conversation on August 27,1998, at 5:00 p.m. EDT, when we orally issued this notice of enforcement discretion.

l 1

William T. Cottle .

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 was necessary.

Sincerely, ww_-

William H. Bateman, Director Project Directorate IV-2 Division of Reactor Projects lil/IV Office of Nuclear Reactor Regulation Docket No. 50-498 i

Enclosure:

As stated 4

cc w/ encl: See next page l

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William T. Cottle  !

l l 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 was necessary.

Sincerely, ORIGINAL SIGNED BY:

William H. Bateman, Director l Project Directorate IV-2 Division of Reactor Projects lil/IV ,

Offi'.:e of Nuclear Reactor Regulation Docket No. 50-498

Enclosure:

As stated i

cc w/enci. See next page DISTR!BUTION:

Docket File PUBLIC PD4-1 r/f H. Thompson S. Collins /F. Miraglia B. Boger B. Sheron G. Lainas E. Adensam (EGA1) J. Hannon C.Hawes J. Lieberman OGC J. Tapia ACRS R. Wessman T. Gwynn, RIV J. Colaccino T. Alexion E-Mall NOED NRCWEB Document Name: G:\STPA3419.NOE OFC PM/PQWi1) LA/PDIV-1 h/DE D/DRP/BM , D/PplVdh NAME TAexidrkCHawe$ binas TGw k k Wb DATE f/b/98  ?/3(/98 f/k /98 hl/9dk 6/$l/98 ~

COPY [Yb(NO YES/NO YES/NO- (YEkNO'TEWNO l ~i OFf4GtAL RECORD COPY ' U l

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1 Mr. William T. Cottle STP Nuclear Operating Company South Texas, Units 1 & 2 cc:

Mr. David P. Loveless Jack R. Newman, Esq.

Senior Resident inspector Morgan, Lewis & Bocklus 4 U.S. Nuclear Regulatory Commission 1800 M Street, N.W.

P. O. Box 910 Washingtoa, DC 20036-5869 Bay City, TX 77414 Mr. Lawrence E. Martin A. Ramirez/C. M. Canady Vice President, Nuc. Assurance & Licensing City of Austin _

STP Nuclear Operating Company Electric Utility Department P. O. Box 289 721 Barton Springs Road Wadsworth,TX 77483 Austin, TX 78704 l Office of the Governor i Mr. M. T. Hardt ATTN: John Howard, Director Mr. W. C. Gunst Environmental and Natural  !

City Public Service Board Resources Policy  !

P. O. Box 1771 P. O. Box 12428 San Antonio,TX 78296 Austin,TX 78711 Mr. G. E. Vaughn/C. A. Johnson Jon C. Wood Central Power and Light Company Matthews & Brar.scomb P. O. Box 289 One Alamo Centt r l Mail Code: N5012 106 S. St. Mary's Street, Suite 700 Wadsworth, TX 74483 San Antonio, TX 78205-3692 INPO Arthur C. Tate, Director i Records Center Division of Compliance & Inspection 700 Galleria Parkway Bureau of Radiation Control Atlanta, GA 30339-3064 Texas Department of Health  !

1100 West 49th Street Regional Administrator, Region IV Austin,TX 78756 U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 400 Jim Calloway Arlington,TX 76011 Public Utility Commission of Texas i Electric Industry Analvsis D. G. Tees /R. L. Balcom P. O. Box 13326 Houston Lighting & Power Co. Austin, TX 78711-3326 P. O. Box 1700 Houston,TX 77251 Judge, Matagorda County .

Matagorda County Courthouse 1700 Seventh Street Bay City, TX 77414 l

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COMPANY g/ah NUCLEAR LICNNSING P. O. Box 289

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ENCLOSURE