ML23166B066
| ML23166B066 | |
| Person / Time | |
|---|---|
| Site: | Grand Gulf  |
| Issue date: | 06/15/2023 |
| From: | Kapellas B Entergy Operations |
| To: | NRC Region 4, Document Control Desk |
| References | |
| GNRO2023-00017, IR 2023001 | |
| Download: ML23166B066 (1) | |
Text
~ entergy GNRO2023-00017 June 15, 2023 ATTN: Document Control Desk U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Brad Kapellas Site Vice President Grand Gulf Nuclear Station
Subject:
Response to NRC Integrated Inspection Report 05000416/2023001 Grand Gulf Nuclear Station, Unit 1 NRC Docket No. 50-416 Renewed Facility Operating License No. NPF-29 Entergy Operations, Inc. (Entergy) is respectfully contesting the significance of one Severity Level IV non-cited violation (NCV) contained in Nuclear Regulatory Commission (NRC)
Integrated Inspection Report 05000416/2023001 (Reference 1 ). Violation 05000416/2023001-04 cited 1 O CFR 50.73(a), Licensee Event Report System, for Entergy's failure to submit two licensee event reports (LEA) within 60 days after discovery of the event. Specifically, one LEA was submitted 76 days after the time of discovery and a second LEA was submitted 62 days after the time of discovery.
Entergy acknowledges that the LERs were submitted greater than 60 days after discovery of the event. However, based on the NRC Enforcement Policy and industry precedent Entergy believes the significance of this violation is not representative of a Severity Level IV violation.
Entergy requests the Severity Level IV violation to be re-characterized as a minor violation. A detailed response is provided in the enclosure to this letter.
This letter contains no new commitments and no revisions to existing commitments. If you have any questions, please contact Jeff Hardy, Regulatory Assurance Manager, at (802) 380-5124.
Sincerely, BK/jah Grand Gulf Nuclear Station 7003 Bald Hill Rd Port Gibson, MS 39150
GNRO2023-00017 Page 2 of 2
Enclosure:
Response to NRG Integrated Inspection Report 05000416/2023001
References:
NRG Letter to Entergy, from J. E. Josey to 8. Kapellas, "Integrated Inspection Report 05000416/2023001 and NRG Investigation Report 4-2022-004," dated May 10, 2023 (ML2311 0AB00).
cc:
NRG Senior Resident Inspector-GGNS NRG Region IV Regional Administrator NRG Project Manager - GGNS
Enclosure GNRO2023-00017 Response to NRC Integrated Inspection Report 05000416/2023001 Severity Level IV violation of 10 CFR 50.73(a)
GNRO2023-00017 Enclosure Page 1 of 5 Response to NRG Integrated Inspection Report 05000416/2023001 Severity Level IV violation of 10 CFR 50.73(a)
Background
Grand Gulf Nuclear Station (GGNS) Integrated Inspection Report 05000416/2023001 (Reference 1) contained a Severity Level IV non-cited violation (NCV)05000416/2023001-004 for the failure to submit a Licensee Event Report within 60 Days. The NCV was associated with two examples of GGNS failing to submit licensee event reports (LER) within 60 days after the discovery of an event. Specifically, one LER was submitted 76 days after the time of discovery and a second LER was submitted 62 days after the time of discovery. Th[s report stated in part:
The inspectors identified two examples of a Severity Level IV non-cited violation of 1 0 GFR 50. 73(a), "Licensee Event Report System," for the licensee's failure to submit two licensee event reports within 60 days after discovery of the event. Specifically, the licensee determined on November 4, 2021, that an issue associated with jet pump summer miscalibration resulted in multiple cases of operation in a condition prohibited by technical specification 3.2.2 and the licensee event report was submitted 76 days later, on January 19, 2022. Additionally, the licensee determined on December 2, 2021, that an issue associated with oscillation power range monitors was a reportable event and the licensee event report was submitted 62 days later on February 2, 2022.
The subject LERs, LER-2021-004 and LER-2021-005-00, were submitted in References 2 and 3. To prevent similar future occurrences, site Regulatory Assurance staff briefings were conducted to reinforce the use of questioning attitude when assigning LER submittal due dates.
Entergy's Position and Basis for Contesting In review of the finding, Entergy agrees that a violation of 1 O CFR 50.73 associated with a minor performance deficiency exists. However, Entergy asserts that the Nuclear Regulatory Commission (NRG) Enforcement Policy addresses untimely reporting, and that the severity level of the violation should be appropriately characterized as minor.
The NRG determined that although the performance deficiency was minor, the Reactor Oversight Process significance determination process does not specifically consider the regulatory process impact and it was necessary to address the violation using traditional enforcement. The report stated that the violation was Severity Level IV in accordance with example 6.9.d.9 of the NRG Enforcement Policy (Reference 4) because the licensee failed to submit an LER in accordance with 1 O CFR 50.73.
The inspection report states that The NRG determined this violation was Severity Level IV in accordance with example 6.9.d.9 of the NRG Enforcement Policy because the licensee failed to submit an LER in accordance with 1 0 GFR 50. 73.
The inspection report does not provide adequate information to determine how the NRG determined that the delayed LERs were equal to or similar to example 6.9.d.9.
GNRO2023-00017 Enclosure Page 2 of 5 Response to NRC Integrated Inspection Report 05000416/2023001 Severity Level IV violation of 1 0 CFR 50. 73(a)
Entergy's position is that there was no failure to submit a report. Section 6.9.d of the Enforcement Policy provides examples of Severity Level IV violations. Examples of violations provided in Section 6.9.d include the following:
A licensee fails to make a required report that, had it been submitted, would have resulted in, for instance, increasing the inspection scope of the next regularly scheduled inspection; A licensee fails to make a timely written report as required by 1 0 CFR 20.2201 (b), 20.2204, 20.2206, or 20.2207; A materials licensee fails to provide or make a 15-day or 30-day written report or notification; fails to include all information required by regulation or license condition in a 15-day or 30-day report or notification; or is late making a report to the NRC required by 10 CFR 35.3045, "Report and Notification of a Medical Event," or 10 CFR 35.3047, "Report and Notification of a Dose to an Embryo/Fetus or a Nursing Child," that does not impact the regulatory response by the NRC; A licensee fails to make a report required by 1 0 CFR 50.72 or 10 CFR 50.73; A licensee fails to make an interim report required by 10 CFR 21.21 (a)(2) or under 10 CFR 50.55(e);
As seen in the examples, the enforcement policy section clearly defines a difference between an untimely report and failure to submit a report between specific regulations. For some of the examples, timeliness is directly stated as Severity Level IV criteria within the Enforcement policy. The example for a Severity Level IV violation related to 1 0 CFR 50.73 corresponds to a failure to submit. The Reference 1 inspection report treats timeliness and failure to submit as equivalent.
Entergy agrees that the subject reports were submitted in an untimely manner, but were submitted nonetheless. Although dates of discovery were incorrectly selected, a reasonable submittal schedule for the LERs was established within the corrective action program. The LERs were submitted in accordance with the dates assigned in the corrective action program and the delays did not impact correction of the adverse conditions. Given this information, example 6.9.d.9, for failure to submit a report, is not directly applicable to the LER examples provided.
Further, there does not appear to have been an impedance to the regulatory process because of the untimely LERs. In fact, the timeliness concerns were identified by the NRC as it was performing its regulatory process. Specifically, the concerns were identified during implementation of NRC Inspection Procedure 71153 "Followup of Events and Notices of Enforcement Discretion," specifically Section 3.02 "Event Report Sample." Given this information, there does not appear to have been an impact to the regulatory process because of the untimely LERs.
GNRO2023-00017 Enclosure Page 3 of 5 Response to NRC Integrated Inspection Report 05000416/2023001 Severity Level IV violation of 10 CFR 50.73(a)
Enforcement Policy Section 2.2.2 "Traditional Enforcement" designates Minor Violations as "those that are less significant than a SL IV violation." It is Entergy's perspective that the untimely submittals are notably less significant than the SL IV violation examples provided in Section 6.9.
Industry Precedent It should be made clear that Entergy is not requesting a deviation from Enforcement Policy guidance. Rather, Entergy is requesting application of guidance contained in Section 2.2.1 "Factors Affecting Assessment of Violations" of the same Enforcement Policy in a manner that is consistent with its application at other operating reactors. This section provides guidance that NRC use risk information in assessing the significance of violations and assigning severity levels. Specific guidance is provided that the severity level of untimely reports may be reduced depending on the circumstances.
Specifically, Section 2.2.1 states:
Unless otherwise categorized in the violation examples contained in this Policy (i.e.,
Section 6.0), the severity level of a violation involving the failure to make a required report to the NRG will depend on the significance of and the circumstances surrounding the matter that should have been reported. However, the severity level of an untimely report, in contrast to no report, may be reduced depending on the circumstances. The NRG will not normally cite a licensee for a failure to report a condition or event unless the licensee was actually aware of the condition or event that it failed to report. On the other hand, the Agency will normally cite a licensee for a failure to report a condition or event if the licensee knew of the information to be reported and did not recognize that it was required to make a report.
During the inspection activity, Entergy provided the NRC inspectors with docketed precedent of similar violations of 10 CFR 50.73(a). The industry precedents were characterized as minor violations using Enforcement Policy Section 2.2.1.
Summary of Sequoyah Units 1 and 2 Violation - Reference 5, 10 CFR 50.73(a)(1) required, in part, that a licensee shall submit a licensee event report (LER) for any event of the type described in 10 CFR 50.73 (a)(2) within 60 days of discovery of the event. Contrary to the above, on November 15, 2019, the licensee submitted LER 05000328/2019-001-00 to report the Unit 2 train A CCS loss of safety function and inoperability longer than allowed by Technical Specifications, but failed to submit the LER within 60 days of the August 28, 2019 event discovery date.
The inspectors determined the performance deficiency was minor. The inspectors reviewed NRC's Enforcement Policy, dated May 28, 2019, and determined that the licensee's failure to report within 60 days of discovery was consistent with a Severity Level IV violation. However, Section 2.2. 1, "Factors Affecting Assessment of Violations,"
of the Enforcement Policy further states that the severity level of an untimely report, in contrast to no report, may be reduced depending on the circumstances. In this case, system operability was restored on August 28, 2019 when the licensee corrected the valve position and restored adequate ERCW flow. Therefore, the inspectors determined
GNRO2023-00017 Enclosure Page 4 of 5 Response to NRG Integrated Inspection Report 05000416/2023001 Severity Level IV violation of 10 CFR 50.73(a) that the untimely report did not adversely impact the safety significance of the issue or impede the regulatory process and was a minor violation of 10 CFR 50.73(a)(1).
Summary of Susquehanna Steam Electric Station Violation -
Reference 6, 1 0 CFR 50. 73 states, in part, that "a nuclear power plant shall submit an event report within 60 days after the discovery of a condition which was prohibited by the Plant's Technical Specification." Contrary to this, Susquehanna did not issue an event report within 60 days for a condition that was prohibited by TSs.
The severity level of an untimely report, in contrast to no report, may be reduced depending on the circumstances. In this case, Susquehanna had actions in the CAP to evaluate the reportability of the issue and, through an administrative error, did not complete the action in a timely manner consistent with the requirements of 1 0 CFR
- 50. 73. However, inspectors determined that the additional time that Susquehanna took to make the report did not impact the regulatory oversight function and represented a minor violation of 1 0 CFR 50. 73 These examples provide clear industry precedent for NRG treatment of untimely 1 0 CFR 50.73 reporting. Additionally, Entergy reviewed a sample of numerous preceding Severity Level IV NCVs of 10 CFR 50.73. In each of those examples, the licensee had failed to submit a report to the NRG at the time of inspection or the NRG had to intercede for a LEA to be submitted.
These Severity Level IV examples were not associated with the untimely submittal of 50.73 reports. These examples were provided to the NRG inspectors during the inspection process.
The NRG Principles of Good Regulation state the following as the Clarity principle:
Regulations should be coherent, logical, and practical. There should be a clear nexus between regulations and agency goals and objectives whether explicitly or implicitly stated. Agency positions should be readily understood and easily applied.
The application of the NRG Enforcement Policy guidance lacks clarity, contrary to the NRG Principles of Good Regulation. Absent clear explanation of the method used to disposition the severity of the violation, it is unclear whether the agency position expressed in the inspection report is consistent with the agency's current Enforcement Policy.
The NRG Principles of Good Regulation also state the following within the Reliability principle:
Regulatory actions should always be fully consistent with written regulations and should be promptly, fairly, and decisively administered so as to lend stability to the nuclear operational and planning processes.
Entergy has provided industry precedent to show that the NRG has treated untimely reports as minor violations and a failure to submit as Severity Level IV. Based on the principles of consistent and fair regulation, Violation 05000416/2023001-004 should be considered a minor violation.
GNRO2023-00017 Enclosure Page 5 of 5 Response to NRC Integrated Inspection Report 05000416/2023001 Severity Level IV violation of 10 CFR 50.73(a)
Conclusion Entergy respectfully requests that the NRC review the inspection report and industry precedent to re-characterize Violation 05000416/2023001-004. It is Entergy's position that the Severity Level IV NCV be recharacterized as minor.
References:
- 1) NRC Letter to Entergy, from J E. Josey to B. Kapellas, "Integrated Inspection Report 05000416/2023001 and NRC Investigation Report 4-2022-004," dated May 10, 2023.
- 2) Letter from J. A. Hardy (Entergy) to NRC, GNRO2022-00004, "Grand Gulf Nuclear Station, Unit 1 Licensee Event Report 2021-004-00, Procedure Inadequacy Resulted in Core Monitoring System Miscalibration and Violation of Technical Specification," dated January 19, 2022.
- 3) Letter from J. A. Hardy (Entergy) to NRC, GNRO2-22-00006, "Grand Gulf Nuclear Station, Unit 1 Licensee Event Report 2021-005-00, Oscillation Power Range Monitors (OPRMs) Technical Specification Noncompliance," dated February 2, 2022.
- 4) NRC Enforcement Policy, dated January 13, 2023
- 5) NRC Letter to Tennessee Valley Authority, from T. A. Stephen to J Barstow, "Sequoyah, Units 1 and 2 - Integrated Inspection Report 05000327/2019004, 05000328/2019004 and 07200034," dated February 10, 2020.
- 6) NRC Letter to Susquehanna Nuclear LLC, from J. E. Greives to B Berryman, "Susquehanna Steam Electric Station - Integrated Inspection Report 05000387/2018004 and 05000388/2018004," dated February 13, 2019.