ML18204A144

Withdrawal of Non-Cited Violation 05000454/2017009-01; 05000455/2017009-01

ML18204A144
Person / Time
Site:	Byron
Issue date:	07/23/2018
From:	Khadijah West NRC/RGN-III
To:	Kanavos M Exelon Generation Co
Giessner J
References
EA-17-138 IR 2017009, IR 2017009-01
Download: ML18204A144 (4)

See also: IR 05000454/2017009

Text

UNITED STATES

NUCLEAR REGULATORY COMMISSION REGION III 2443 WARRENVILLE RD. SUITE 210 LISLE, ILLINOIS 60532-4352

July 23, 2018

EA-17-138

Mr. Mark Kanavos

Site VP, Byron Generating Station 4450 North German Church Rd

Byron, IL 61010-9794

SUBJECT: WITHDRAWAL OF NON-CITED VIOLATION 05000454/2017009-01; 05000455/2017009-01 Dear Mr. Kanavos: On July 31, 2017, Exelon Generation Company (EGC), LLC, provided a written response to the U.S. Nuclear Regulatory Commission (NRC) Inspection Report 05000454/2017009; 05000455/2017009 issued on June 29, 2017, concerning an Evaluations of Changes, Tests, and Experiments Inspection completed at Byron Station, Units 1 and 2. Specifically, the letter contested Non-Cited Violation (NCV)05000454/2017009-01; 05000455/2017009-01

associated with the failure to perform an evaluation of a change to the facility as described in

the Updated Final Safety Analysis Report (UFSAR) pursuant to Title 10 of the

Code of Federal

Regulations (CFR), paragraph 50.59(d)(1). On December 21, 2017, the NRC responded to your letter contesting the violation (Agenc

y Documents Access and Management System (ADAMS) Accession No. ML17355A561). In that letter the NRC determined that the violation

was valid, but we articulated that the initially-documented NCV needed additional information to

justify the NCV. On February 8, 2018, in a letter from Exelon to the Director of the Office of

Enforcement, you sought to appeal that decision, and provided additional information. In a letter to Exelon on April 8, 2018 (ADAMS ML18100A222), the NRC agreed to review the issue as an initial appeal of Region III's December decision based on the change from the original violation

and the new information Exelon provided. This letter provides the decision based on our

review.

The review was conducted by an independent

NRC panel, which considered relevant information on this matter to date. The relevant information considered included: applicable guidance documents concerning the Surveillance Frequency Control Program (SFCP),

10 CFR 50.59 process, and the licensee's commitment management process; all docketed

correspondence on the violation; input from NRC subject matter experts in various offices;

participation in the Category 2 public meeting with the Nuclear Energy Institute (NEI) regarding the SFCP on March 20, 2018; and interviews with the key NRC and Exelon staff involved in the assessment of the violation, assessment of the disputed violation, and/or dispute of the

violation.

In September 2000, the NRC endorsed NEI 99-04, Revision 0, "Guidelines for Managing NRC Commitment Changes" (Regulatory Information Summary 00-017, "Managing Regulatory Commitments Made by Power Reactor Licensees to the NRC Staff"). In November 2000, the

M. Kanavos - 2 -

NRC endorsed NEI 96-07, Revision 1, "Guidelines for 10 CFR 50.59 Evaluations" (NRC

Regulatory Guide 1.187). By letter dated September 19, 2007, the NRC found NEI 04-10, Revision 1, "Risk-Informed Technical Specification Initiative 5b, Risk-Informed Method for

Control of Surveillance Frequencies," acceptable for referencing by licensees proposing to amend their Technical Specifications (TS) to establish a SFCP (ADAMS ML072570267).

By letter dated February 24, 2011, the NRC issued Byron Amendment No. 171 which relocated specific surveillance frequencies in Byron's TS to a licensee-controlled program (i.e., the SFCP). For these relocated surveillance frequencies, the TS were revised to state that the

surveillance will be performed "in accordance with the surveillance frequency control program." As part of this amendment, Section 5.5.19, "Surveillance Frequency Control Program," was

added to the TS, which requires changes to the relocated surveillance frequencies to be made in accordance with NEI 04-10, Revision 1.

As part of Byron Amendment No. 171, specific surveillance frequencies associated with the

testing of emergency diesel generators (EDGs) were relocated to the SFCP. In February 2014,

Byron used their NRC-approved SFCP, including the NEI 04-10 guidance, to evaluate and control a frequency change for performance of an EDG and integrated safeguards loss of offsite power/engineered safety features surveillance test from "18 months" to "18 months on a

staggered test basis."

In assessing the new information provided for the disputed violation, the NRC independent

review panel noted one main point of disagreement between the NRC and Exelon. Specifically, the main issue occurs in Step 2 of the NEI 04-10 process in assessing whether the frequency change represents a change in a regulatory commitment. In particular, Byron Updated Final

Safety Analysis Report (UFSAR) Appendix A, "Application of NRC Regulatory Guides,"

originally stated that Byron complied with Institute of Electrical and Electronics Engineers

Standard 387-1984, "IEEE Standard Criteria for Diesel Generator Units Applied as Standby Power Supplies for Nuclear Power Generating Stations," and supplemental regulatory positions in Regulatory Guide 1.9, "Application and Testing of Safety-Related Diesel Generators in

Nuclear Power Plants," Revision 3, which require licensees to perform the EDG surveillances

during every refueling outage. To resolve this apparent point of confusion, the review panel

stepped through the NEI 04-10 process and the related NRC-endorsed industry guidance

documents (NEI 99-04 and NEI 96-07).

In NEI 04-10 Step 2, a check is made to determine if the applicable regulatory commitments to

the NRC can be changed. Evaluating changes to regulatory commitments is a separate activity

based on a method acceptable to the NRC for managing and changing regulatory commitments

(e.g., NEI 99-04). NEI 99-04 Section 3.1, "Definitions," defines a regulatory commitment as an explicit statement to take a specific action agreed to, or volunteered by, a licensee and

submitted in writing on the docket to the NRC. A regulatory commitment is an intentional undertaking by a licensee to (1) restore compliance with regulatory requirements, or

(2) complete a specific action to address an NRC issue or concern (e.g., generic letter, bulletin,

order, etc.). The panel determined through review of NRR Office Instructions that Byron's

UFSAR Appendix A is part of a mandated licensing bases document and not a set of regulatory commitments. In addition, the use of the SFCP to change surveillance frequencies was

previously reviewed and approved by the NRC staff with Byron Amendment No. 171. Thus, there was no associated regulatory commitment to change under NEI 04-10 Step 2, and it was

appropriate for the licensee to continue to step through the NEI 04-10 process to evaluate an

EDG surveillance frequency change. The review panel noted that the licensee was addressing the associated EDG surveillance frequency change through an NRC approved change-control process (SFCP) specifically intended for that purpose.

M. Kanavos - 3 -

Following satisfactory completion of the SFCP evaluation process to approve the EDG surveillance frequency change, Exelon performed a 10 CFR 50.59 screening using its internal guidance. Specifically, in February 2014, Exelon's 50.59 screening (No. 6E-14-017)

determined that a 10 CFR 50.59 evaluation was not required. The review panel did not identify

any regulatory obligations, additional mandated licensing bases documents, commitments,

and/or UFSAR wording changes evaluated under this 10 CFR 50.59 screening that was not

covered by the SFCP process. The review panel determined that a 10 CFR 50.59 evaluation

was not required, because the NRC staff had prev

iously granted the licensee authority, through Byron Amendment No. 171, to change the specific EDG surveillance frequencies in accordance

with the SFCP.

Based on the independent panel's thorough review of the issue, the NRC has concluded that the 50.59 violation as written cannot be supported. Therefore, the NCV is hereby withdrawn, and we will modify our records accordingly.

This letter will be made available electronically for public inspection and copying from ADAMS

available at http://www.nrc.gov/reading-rm/adams.html and in the NRC Public Document Room in accordance with 10 CFR 2.390, "Public Inspections, Exemptions, Requests for Withholding."

If you have any questions regarding this matter, please contact Mr. John Giessner at

(630) 829-9800.

Sincerely,

/RA/ K. Steven West Regional Administrator

Docket Nos. 50-454; 50-455

License Nos. NPF-37; NPF-66

cc: Distribution via LISTSERV

M. Kanavos - 4 -

Letter to M. Kanavos from K. Steven West dated July 23, 2018

SUBJECT: WITHDRAWAL OF NON-CITED VIOLATION 05000454/2017009-01; 05000455/2017009-01

DISTRIBUTION: Jeremy Bowen

Juan Peralta

RidsNrrDorlLpl3

RidsNrrPMByron Resource

RidsNrrDirsIrib Resource

Steven West

Darrell Roberts

Jack Giessner

Richard Skokowski

Allan Barker

DRPIII DRSIII ADAMS Accession Number ML18204A144

OFC RIII-ORA RI RIII-DNMS NRR OE OGC RIII/EICS RIII/ORA NAME JHeck:jc JSchoppy JGiessner BHolian

1 ABoland 2 MZobler 3 RSkokowski

KJL for KSWest DATE 05/14/18 5/14/18 05/16/18 7/13/18 7/17/18

7/13/18 07/19/18 7/23/18 OFFICIAL RECORD COPY

1 NRR concurrence provided via e-ma

il from M. Miller on July 13, 2018

2 OE concurrence provided via e-mail from M. Marshfield on July 17, 2018

3 OGC NLO provided via email from Sara Kirkwood on July 13, 2018