NL-09-0442, Updated Request for Extension of 10 CFR 50 Appendix R Enforcement Discretion

Updated Request for Extension of 10 CFR 50 Appendix R Enforcement Discretion

ML090790852
Person / Time
Site:	Hatch
Issue date:	03/20/2009
From:	Ajluni M Southern Nuclear Operating Co
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
NL-09-0442
Download: ML090790852 (7)

Text

Southern Nuclear Operating Company, Inc.

Post Office Box 1295 Birmll1fJllarn, Alabarlld 352011295 rei 20~)992S000 March 20, 2009 SOUTHERN'\.

COMPANY E1Iergy to Serve ~our World Docket Nos.: 50-321 NL-09-0442 50-366 U. S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, D. C. 20555-0001 Edwin I. Hatch Nuclear Plant Updated Request for Extension of 10 CFR 50 Appendix R Enforcement Discretion Ladies and Gentlemen:

This letter supersedes the March 6, 2009 Southern Nuclear Operating Company (SNC) letter on this topic to provide additional information on interim compensatory operator manual actions and to update the status of modifications being made to eliminate these manual actions.

Regulatory Issue Summary (RIS) 2006-10, "Regulatory Expectations with Appendix R Paragraph III.G.2 Operator Manual Actions" was issued on June 30, 2006 to clarify NRC expectations with regard to compliance with 10 CFR 50 Appendix R, III.G.2 requirements. NRC has been exercising enforcement discretion over the use of operator manual actions in order to allow licensees to come into compliance, as described in Enforcement Guidance Memoranda EGM 98-02, Rev. 2 (February 2,2000) and EGM-07-004 (June 30,2007), with March 6, 2009 specified as the date for the completion of corrective actions.

Non-compliant operator manual actions were first identified at Units 1 & 2 of the Edwin I. Hatch Nuclear Plant (HNP) during the 2003 Triennial Fire Protection Inspection. SNC initiated a condition report (CR 2003110070) on this issue, which the resultant inspection reports, (05000321/2003006 and 0500036612003006, September 1, 2003) characterized as a non-cited violation (NCV 50-366/03-06-04).

SNC initially disputed this NCV in a letter dated October 1, 2003 but in early 2006 the NRC denied the request to withdraw the NCV. As a result of the denial, SNC reopened CR 2003110070 to complete root cause and corrective action (RCCA) determination, including a broadness review which identified additional manual action issues.

SNC originally planned to submit exemption requests addressing these manual actions, as provided by EGM-07-004. However, based on SNC's monitoring of industry and NRC enforcement actions, including revised guidance on manual actions, a more conservative approach was established. SNC initiated design

U. S. Nuclear Regulatory Commission NL-09-0442 Page 2 modifications to eliminate all non-compliant operator manual actions. These design modifications (described in Enclosure 1) involve physical modifications to the plant, including inside the Main Control Room, which require a unit outage for implementation.

While the Unit 2 changes will be completed during the refueling outage now in progress on that unit, the timing of design change development with respect to the 24 month HNP operating cycle did not permit change implementation during the 2008 Unit 1 refueling outage. These changes can not be completed until the next Unit 1 refueling outage, in spring 2010.

The interim compensatory manual operator actions to be eliminated by design modifications at HI\JP Unit 1 are listed in Enclosure 1, which has been revised from the March 6, 2009 letter to reflect completion of the design modifications to eliminate manual actions in Fire Areas 1104 and 1205 and the expected spring 2010 completion for the design modifications to eliminate manual actions in Fire Area 0014, as well as to provide additional descriptive information. Each of the remaining five compensatory manual operator actions has been walked down to assure its feasibility and the operator manual actions are contained in plant procedures.

Accordingly, SNC requests an extension of enforcement discretion with respect to the requirements of 10 CFR 50, Appendix R, III.G.2 for the five pending interim compensatory operator manual actions for HNP Unit 1 identified in Enclosure 1, to encompass a period of approximately 12 months, i.e. to the end of the next Unit 1 outage, currently scheduled for March 17, 2010. This extension would allow the continued use of operator manual actions, as described in Enclosure 1, to achieve and maintain hot shutdown conditions in lieu of compliance with the cable separation criteria of Section III.G.2.

The NRC commitments contained in this letter are unchanged from the March 6, 2009 letter and are provided as a table in Enclosure 2. If you have any questions, please advise.

Sincerely,

~9r M. J. Ajluni Manager, Nuclear Licensing MJAlDWD/phr

Enclosures:

1. HNP Unit 1 - Status of App. R Operator Manual Action Elimination

2. NRC Commitments - List of Regulatory Commitments

u. S. Nuclear Regulatory Commission NL-09-0442 Page 2 cc: Southern Nuclear Operating Company Mr. J. T. Gasser, Executive Vice President Mr. D. R. Madison, Vice President - Hatch Mr. D. H. Jones, Vice President - Engineering RTYPE: CHA02.004 U. S. Nuclear Regulatory Commission Mr. L. A. Reyes, Regional Administrator Mr. R. E. Martin, NRR Project Manager - Hatch Mr. J. A. Hickey, Senior Resident Inspector - Hatch

Edwin I. Hatch Nuclear Plant Request for Extension of 10 CFR 50 Appendix R Enforcement Discretion Enclosure 1 HNP Unit 1 - Status of App. R Operator Manual Action Elimination

Enclosure 1 HNP Unit 1 Status of App. R Operator Manual Action Elimination Fire Operator Description of Modification Area Manual Action DesiQn Modification Status Generic Close the 3 AC supply breakers to the Install control switches in the Implement battery charger switches on 600V Main Control Room Spring 2010 switchgear control panel 1H21-P245, Outage per procedure 34AB-X43-001-1. Enforcement Access through Fire Area 0014 is discretion required within 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br />. requested Generic Close the 3 AC supply breakers to the Install control switches in the Implement battery charger switches on 600V Main Control Room Spring 2010 switchgear control panel 1H21-P246, Outage per procedure 34AB-X43-001-1. Enforcement Access through Fire Area 0014 is discretion required within 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br />. requested 0014 Open breaker 21 in 1R25-S002 and Reroute cables out of Implement verify closed or close the breakers in unprotected trays in area. Spring 2010 Frames 8B, 8M and 8T of 1R23-S004, Outage per procedure 34AB-X43-001-1. No Enforcement access through a fire-affected area is discretion required. reauested 0014 Open 30-A breaker SA in -I R23-S004, Reroute cables out of Implement Frame 8, and verify closed or close unprotected trays in area. Spring 2010 1R23-S004 Frame 4B, per procedure Outage 34AB-X43-001-1. No access through Enforcement a fire-affected area is required. discretion requested 1101 If unable to close or verify position, Install interposing relay to isolate Implement use handwheel to manually close circuit. Spring 2010 valve 1P41-F31 OB per procedure Outage 34AB-X43-001-1. No access through Enforcement a fire-affected area is required. discretion requested 1104 Rack out breaker 17B in MCC 1R24 Install new cable in dedicated S012 and manually reopen E51-F105 conduit. Complete prior to RCIC restart. (No longer needed since new cable installed.)

1205 Rack out breaker in 1R23-S004 Install new cable in dedicated Frame 6M and manually reopen E51 conduit. Complete F105 prior to RCIC restart. (No longer needed since new cable installed.)

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Edwin I. Hatch Nuclear Plant Request for Extension of 10 CFR 50 Appendix R Enforcement Discretion Enclosure 2 NRC Commitments - List of Regulatory Commitments

Enclosure 2 NRC Commitments List of Regulatory Commitments The following table identifies the regulatory commitments in this document. Any other statements in this submittal represent intended or planned actions. They are provided for information purposes and are not considered to be regulatory commitments.

REGULATORY COMMITMENTS DUE DATE I EVENT

[1.] SNC will implement design changes End of HNP Unit 1 to eliminate operator manual spring 2010 outage, actions not in compliance with 10 currently scheduled for CFR 50 Appendix R, III.G.2 March 17,2010.

requirements, as described in Enclosure 1 of this submittal.

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