ML20248J437

Forwards Insp Rept 50-331/98-04 on 980318-0428,exercise of Enforcement Discretion & Notice of Violation.During 6-wk Period,Overall Performance Was Characterized by Safety Conscious Operations

ML20248J437
Person / Time
Site:	Duane Arnold
Issue date:	05/29/1998
From:	Grant G NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:	Franz J IES UTILITIES INC., (FORMERLY IOWA ELECTRIC LIGHT
Shared Package
ML20248J439	List: IR 05000331/1998004 ML20248J437 ML20248J447
References
50-331-98-04, 50-331-98-4, NUDOCS 9806090129
Download: ML20248J437 (3)

See also: IR 05000331/1998004

Text

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sf UNITED STATES , /v

, / NUCLEAR REGULATORY COMMISSION

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801 'NARRENVILLE ROAD

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e LISLE, ILLINOIS 60532-4351

\...../ May 29, 1998

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Mr. John F. Franz, Jr.

Vice President, Nuclear

IES Utilities, Inc.

200 First Street SE

P.O. Box 351

Cedar Rapids, IA 52406-0351

SUBJECT: DUANE ARNOLD INSPECTION REPORT 50-331/98004(DRP), EXERCISE OF

ENFORCEMENT DISCRETION, AND NOTICE OF VIOLATION

Dear Mr. Franz:

On April 28,1998, the NRC completed a routine safety inspection at your Duane Amold Energy

Center facility. The enclosed report presents the results of that inspection.

!

! Based upon the findings during this 6-week period, overall performance was characterized by

safety conscious operations. We are concemed, however, about your outage planning,

, scheduling, and coordination deficiencies that led to several control rods drifting into the reacto-

core during refueling operations and several unexpected engineured safety feature actuations.

Also, we are concemed with human performance errors that led to two missed daily surveillance

tests. As a result of the inspection findings, three violations of NRC requirements were identified.

These violations are cited in the enclosed Notice of Violation (Notice), and the circumsM,ces l

surrounding the violations are described in detail in the enclosed report. The first violation is of i

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concem because of the importance of following procedural prerequisites and coordinating and

planning surveillance activities. The second violation identified involved inadequate work

instructions and calibration procedures. The third violation is of concem because it represents

an example where your staff missed several opportunities to recognize that the hydrogen / oxygen

monitoring system was inoperable. The bystem's heat tracing was not installed per design and

could have resulted in an erroneous indication during accident conditions.

I

Please note that you are required to respond to this letter and should follow the instructions

l specified in the enclosed Notice when preparing your response. The NRC will use your 7

response, in part, to determine whether further enforcement action is necessary to ensure

compliance with regulatory requirements.

Included in this report is closecut of en Unresolved item involving the potential violation of

10 CFR 70.24, " Criticality Accident Requirements." We have deterrained that your facility was in

violation of this regulation in that you did not have in place either a criticality monitoring system

for storage and handling of new (non-irradiated) fuel or an NRC approved exemption to the

regulation. Thus, as described in the inspection report, your facility was in violation of

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10 CFR 70.24. Several other facilities have similar circumstances. The NRC has reconsidered

this violation and concluded, based on the information discussed in the report, that although a

violation did exist, it is appropriate to exercise enforcement discretion for " Violations involving

Special Circumstances"in accordance with Section Vll.B.6 of the " General Statement of Policy

and Procedures for NRC Enforcement Actions"(Enforcement Policy), NUREG-1600. The basis

9806090129 990529

PDR ADOCK 05000331

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J. Franz - -2-

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for exercising this discretion is the lack of safety significance of the failure to meet 10 CFR 70.24;

the failure of the NRC staff to recognize the need for an exemption during the licensing process;

the prior NRC position conceming the lack of a need for an exemption; and finally, the NRC's

intention to amend 10 CFR 70.24 through rulemaking to provide for adminis ative controls

instead of criticality monitors.

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Therefore, I have been authorized after consultation with the Director, Office of Enforcement, to

exercise enforcement discretion and not issue a violation for this matter, Pending the

amendment to 10 CFR 70.24, further enforcement action will not be taken for failure to meet

10 CFR 70.24 provided you obtain an exemption to this regulation before the next receipt of fresh

fuel or before the next planned movement of fresh fuel.

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

enclosures, and your response will be placed in the NRC Public Document Room.

Sincerely,

/s/ Marc L. Dapas for

Geoffrey E. Grant, Director

DMeion of Reactor Projects

Docket No.: 50-331

License No.: DPR-49

Enclosures: 1. Notice of Violation

2. Inspection Report 50-331/98004(DRP)

See Attached Distribution

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DOCUMENT NAME: G:\DUAN\DUA98004.DRP

' To receive a copy of this document, indicate in the box:"C" = Copy without enclosure "E"= Copy with enclosure *N"= No cop t

OFFICE Rill l Rlli _l Rlli ,[

NAME SDupoWW RLanksbifrf/# GGrantM /p/

DATE 05/M/98 05/71/98 05/27/98~

OFFICIAL RECORD COPY

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cc w/encis: L Root, President and

Chief Operating Officer

G. Ven Middlesworth,

Plant Manager

. K. E. Peveler, Manager,

' Regulatory Performance

Chairperson, Iowa Utilities Board

Distribution:

,

Project Mgr., NRR w/encls

I C. Paperiello, Rill w/encls

. J. Caldwell, Rill w/encls

B. Clayton, Rlli w/encls

SRI Duane Arnold w/encls

DRP w/encls

, TSS w/encls

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DRS (2) w/encls

Rlil PRR w/encls

PUBLIC IE-01 w/ enc ls

Docket File w/encls

GREENS

LEO (E-Mail)

- DOCDESK (E-Mail) 1

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