ML20248F283
| ML20248F283 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 05/08/1998 |
| From: | Imbro E NRC (Affiliation Not Assigned) |
| To: | Bowling M, Loftus P NORTHEAST NUCLEAR ENERGY CO. |
| Shared Package | |
| ML20248F288 | List: |
| References | |
| 50-423-98-205, EA-98-166, NUDOCS 9806040179 | |
| Download: ML20248F283 (5) | |
See also: IR 05000423/1998205
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UNITED STATES
NUCLEAR REGULATORY COMMISSION
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WASHINGTON, D.C. 20056 4 001
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May 8,1998
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EA 98-166
Mr. M. L. Bowling, Recovery Officer, Unit 2
% Ms. Patricia Loftus
Director- Regulatory Affairs
P. O. Box 128
Waterford, CT 06385
SUBJECT:
NOTICE OF VIOLATION, INDEPENDENT CORRECTIVE ACTION
VERIFICATION PROGRAM CORRECTIVE ACTION IMPLEMENTATION
INSPECTION OF MILLSTONE UNIT 3 AND EXERCISE OF ENFORCEMENT
DISCRETION (NRC INSPECTION REPORT NO. 50-423/98-205)
Dear Mr. Bowling:
During the period of February 23 through March 6,1998, a team from the U.S. Nuclear
Regulatory Commission's (NRC's) Special Projects Office (SPO), Office of Nuclear Reactor
Regulation, in accordance with SECY-97-003, " Millstone Restart Review Process," performed
one phase of a corrective action impicmentation inspection of your Unit 3 facility. The
independent Corrective Action Verification Program (ICAVP) corrective action inspection is
being conducted in several phases as corrective ac+ ions are completed by Northeast Nuclear
Energy Company. The scope of the ICAVP corrective action inspection includes reviewing
(1) corrective action for issues that you identified while conducting your Configuration
Management Plan (CMP) (including items that were identified within the 15- system ICAVP
review scope and items that were not in the scope of the ICAVP); (2) corrective action for all
confirmed Level 3 discrepancies identified by the ICAVP contractor; (3) corrective action
implemented in response to findings identified during the NRC inspections associated with the
NRC oversight of the ICAVP including inspections IR 50-423/97-206, "out of scope" system
inspection; IR 50-423/97-209, " Tier 2/3" inspection; and IR 50-423/97-210, "in scope" system
inspection; and (4) corrective action for design-related Licensee Event Reports (LERs)
associated with the recirculation spray system (RSS).
This phase of the inspection focused en your corrective action for issues related to the conduct
of your CMP, including corrective action you assigned to condition reports (CRs), adverse
condition reports (ACRs), LERs, and NRC inspection report violations, unresolved items, and
inspector follow up items. The NRC planr. to conduct additional corrective action inspections
prior to startup to complete the review of your corrective action for Sargent & Lundy (S&L), the
ICAVP contractor, discrepancy reports (DRs) and your implemented corrective action for NRC
inspection report findings.
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in a letter to you dated, January 30,1998, the NRC stated that if either the ICAVP contractor or
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the NRC staff review confirms an ICAVP Significance Level 3 finding, the NRC staff will
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consider expanding the scope of the ICAVP to require the evaluation of similar operational,4[
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9806040179 980500
ADOCK 05000423
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procedural, or design attributes in other safety-related or risk significant systems for potential
nonconformances. For individual Significance Level 3 ICAVP findings, effective corrective
action needs to address both the specific " defect" as well as any broader implications for other
systems. The NRC determined that you have taken effective corrective action for the NRC
identified ICAVP Significance Level 3 finding identified during the Tier 2/3 inspection (Notice of
Violation 423/97-206-16). Therefore, expansion of scope is not warranted for this issue.
During the current inspection the NRC closed three licensee event reports (LERs) that
described events that were determined to be violations of NRC regulations. The NRC has
decided to exercise enforcement discration pursuant to Section Vll.B.1 of the NRC Enforcement
Policy for LERs (50-423/96-044-00 and 50-423/97-016-00) since these violations were licensee-
identified and corrected Severity Level 4 violations. Severity Level 4 violations as defined in the
NRC Enforcement Policy are the least significant within NRC's categorization of severity level
but are more than a minor concern; i.e., if left uncorrected they could lead to more seroius
concern. As discussed below, the NRC has exercised enforcement discretion pursuant to
Vll.B.2 of NRC's Enforcement Policy for the third LER (50-423/96-039-00).
On December 10,1997, the NRC sent to you a Notice of Violation and Proposed imposition of
Civil Penalty for $2.1 million for many violations identified in NRC inspections during 1995 and
1996, at the Millstone facility. During this inspection another violation was identified that was
not part of that civil penalty or part of other Notices of Violations. In LER 50-423/96-039-00,
dated November 14,1996, you reported that the RSS and emergency core cooling systems
were potentially inoperable following a postulated loss-of-coolant accident due to existing debris
in tht RSS sump and improper configuration of the sump.
The NRC has reviewed the RSS deficiencies that you identified in LER 50-423/96-039-00, and
has determined that a violation of NRC requirements occurred. This violation was considered
for escalated enforcement and subject to a civil penalty. However, I have decided, after
consultation with the Director, Office of Enforcement, to exercise enforcement discretion
pursuant to Vll.B.2 of the NRC's Enforcement Policy and not issue a formal Notice of Violation
because the violation war (1) based on licensee activities prior to the events leading to the
shutdown; (2) not classified higher than a Severity Level ll; (3) not willful; and (4) plant restart
requires NRC concurrence. Discretion is appropriate because the NRC has in place a formal
restart plan that is currently providing a broad-based evaluation of MiPstone readiness for
restart that confirmed that you have taken corrective action for this issue and further
enforcement action is not necessary to achieve remedial action. The fundamental performance
issues related to this violation are similar to the performance issues that resulted in the many
violations cited with the $2.1 million civil penalty.
The findings from the current inspection were presented to you and your staff during a public
meeting on April 9,1998. The enclosed inspection report also describes examples of the failure
to take adequate corrective action that are cited as violations in the enclosed Notice of
Violation. Please note that you are required to respond to the Notice of Violation and should
follow the instructions specified when preparing your response. The violations contained in this
report that are being cited have been categorized as being equivalent to ICAVP Significance
Level 3 findings. ICAVP Level 3 findings have been defined by the NRC to occur if a system is
outside its licensing or design bases but is still able to perform its intended function.
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This inspection is part of the NRC's ongoing assessment of the effectiveness of your CMP. The
findings of this inspection will be combined with 'he results of other NRC inspections to make an
overall determination of the restart readiness of bait 3 and your configuration management
practices.
In accordance with Title 10 of the Code of FederalRegulations, Section 2.790(a), a copy of this
letter and the enclosures will be placed in the NRC Public Document Room. For the item in the
attached inspection report for which the NRC exercised enforcement discretion, no response is
required.
If you have any questions concerning the enclosed inspection report, please contact the project .
manager, Mr. J. Andersen at 301-415-1437, or the inspection team leader, Mr. S. Tingen, at
301-415-1280.
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Sincerely,
Eugene V. Imbro, Deputy Director
ICAVP Oversight
Special Projects Office
Office of Nuclear Reactor Regulation
Docket No. 50-423
Enclosures:
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2. Inspection Report 50-423/98-205
cc w/ enclosures: See next page
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This inspection is part of the NRC's ongoing assessment of the effectiveness of your CMP. The
findings of this inspection will be combined with the results of other NRC inspections to make an
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overall determination of the restart readiness of Unit 3 and your configuration management
practices.
In accordance with Title 10 of the Code of FederalRegulations, Section 2.790(a), a copy of this
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letter and the enclosures will be placed in the NRC Public Document Room. For the item in the
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attached inspection report for which the NRC exercised enforcement discretion, no response is
required.
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If you have any questions concerning the enclosed inspection report, please cuntact the project
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manager, Mr. J. Andersen at 301-415-1437, or the inspection team leader, Mr. S. Tingen, at
301-415-1280.
Sincerely,
OT1 1nal Signog by;
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Eugene V. Imbro, Deputy Director
ICAVP Oversight
Special Projects Office
Office of Nuclear Reactor Regulation
Docket No. 50-423
Enclosures:
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2. Inspection Report 50-423/98-205
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('see previous concurrence)
DOCUMENT NAME:A:Tingen
This document was reviewed by a Tech Editor on
April 21,1998
To r*ceive a copy of this document, indicate in the box "C" copy w/o attach /enci "E" copy w/ attach /enci "N" no copy
OFFICE
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NAME
Stinger /sr
PKoltay
SReynolds JA JLieberman
Elmbro
DATE
4/22/98*
4/22/98*
5/998
5/4/98*
5/f/98
OFFICIAL RECORD COPY
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cc w/ encl:
B. Kenyon, President and Chief Executive Officer
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M. H. Brothers, Vice President - Operations
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J. McElwain, Unit 1 Recovery Officer
~J. Streeter, Recovery Officer, Nuclear Oversight
G. D. Hicks, Unit Director - Millstone Unit 3
J. A. Price, Unit Director - Millstone Unit 2
. D._ Amerine, Vice President for Engineering and Support Services
P. D. Hinnenkamp, Director, Unit 1 Operations
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F. C. Rothen, Vice President, Work Services
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J. Cantrell, Director - Nuclear Training
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S. J. Sherman, Audits and Evaluation
L. M. Cuoco, Esquire
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J. R. Egan, Esquire
V. Juliano, Waterford Library
J. Buckingham, Department of Public Utility Control
S. B. Comley, We The People
State of Connecticut SLO Designee
D. Katz, Citizens Awareness Network (CAN)
R. Bassilakis, CAN
J. M. Block, Attorney, CAN
S. P. Luxton, Citizens Regulatory Commission (CRC)
Representative T. Concannon
E. Woollacott, Co-Chairman, NEAC
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