ML20248J437
| 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: |
| References | |
| 50-331-98-04, 50-331-98-4, NUDOCS 9806090129 | |
| Download: ML20248J437 (3) | |
See also: IR 05000331/1998004
Text
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UNITED STATES
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NUCLEAR REGULATORY COMMISSION
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801 'NARRENVILLE ROAD
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LISLE, ILLINOIS 60532-4351
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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.
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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-
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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
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surrounding the violations are described in detail in the enclosed report. The first violation is of
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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.
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Please note that you are required to respond to this letter and should follow the instructions
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specified in the enclosed Notice when preparing your response. The NRC will use your
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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 [f I
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
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
ADOCK 05000331
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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.
Therefore, I have been authorized after consultation with the Director, Office of Enforcement, to
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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.
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
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OFFICE
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DATE
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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
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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)
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