ML13149A156

G20130394/LTR-13-0435 Response Letter to Jody Flynn Palisades Nuclear Plant - White House Referral

ML13149A156
Person / Time
Site:	Palisades
Issue date:	09/10/2013
From:	Satorius M NRC/EDO
To:	Flynn J - No Known Affiliation
Chawla M, NRR/DORL
Shared Package
ML13141A315	List: ML13149A156
References
G20130394, LTR-13-0435, TAC MF1861, WH24252012198
Download: ML13149A156 (5)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 September 10,2013 Ms. Jody Flynn 80036 Ramblewood Drive Covert, Michigan 49043**

/

Dear Ms. Flynn:

On behalf of the U.S. Nuclear Regulatory Commission (!\IRC), I am responding to your letter addressed to President Obama, dated January 30, 2013. The White House forwarded your .

letter to the NRC for a follow-up response. In your letter, you express concern about two leaks at the Palisades NuciearPlant (Palisades), the age of the plant, the absence of fines in response to the leaks, and the ability to control potential future leakage through the NRC's inspection process. You also express concern that the !\IRC may have insufficient resources to ensure the continued safe operation of Palisades.

The first leak you wrote about involved a control rod drive mechanism (CRDM) leak that caused the licensee for Palisades to shut down the plant on August 12, 2012. As mentioned in your letter, the NRC and licensee were aware of increasing trends in leakage since July 2012.

However, the leakage rate did not exceed limits justifying action during that time. During the inspection that commenced after the August shutdown, the licensee determined the source of the leak and subsequently took steps to make the necessary repairs: The NRC staff monitored the licensee's activities to: (1) determine the source of the leak, (2) repair the leak, (3) test the adequacy of the repair, and (4) determine if other CRDM housings may be susceptible to similar failures. Please see the special inspection team report on the August 2012 CRPM housing leak, which is available in the NRC's Agencywide Documents Access and Management System (ADAMS) Accession No. ML12291A806 at http://www.nrc.gov/reading-rm/adams.html. The NRC issued a "non-cited" violation, against the licensee for not complying with NRC requirements. The violation is referred to as a non-cited violation because no legal Notice of .

Violation was issued. In accordance with the NRC Enforcement Policy (ADAMS Accession No.

. ML12340A295), a non-cited violation was appropriate for the CRDM leak because of its very low safety significance, as determined by NRC's Significance Determination Process (ADAMS Accession No. ML101400479), and because the licensee entered the issue in its corrective action program. As required in the corrective action program, the licensee must restore compliance and address recurrence. For further information on the CRDM leak, please see the May 2013 inspection report under ADAMS Accession No. ML13134A329. You can also find a summary of meetings between the NRC staff and the licensee for Palisades discussing the CRDM issue under ADAMS Accession No. ML12243A519.

The November 2012 incident involved a steam leak that could not be isolated and caused the licensee to shut down the plant in accordance with plant technical specifications and NRC

. regulations. While the plant was shut down, the NRC inspectors monitored the repair and testing activities to*verify that the repairs were adequate. The NRC issued a finding of very low safety significance for the licensee's failure to perform an immediate operability determination related to the steam leak (See inspection report at ADAMS Accession No. ML13042A051). In accordance with the NRC Enforcement Policy, the NRC treated this issue as a non-cited

J. Flynn -2 violation because of its very low safety significance, as determined by NRC's Significance Determination Process, and because the licensee entered the issue into its corrective action program. As required in the corrective action program, the licensee must restore compliance and take steps to prevent recurrence.

In your letter, you state that the plant has "outlived its originally intended life" and that" ... [the]

NRC is not able to tell us what the useful life of the rest of the similar pipes is... " Palisades is operating under a renewed license that extends the license to operate beyond the original license term of 40 years. In order to get its renewed license, Palisades underwent a rigorous license renewal review by the NRC to demonstrate that it could effectively manage age related degradation to maintain the intended functions of vital systems, structures, and components.

Rather than trying to predict the useful life of specific plant components, the license renewal process focuses on the adequate management of all age related degradation that may result from long term operation. As part of the process, each license renewal application must contain technical information regarding the plant's systems, structures, and components; their material composition; the environment that they are exposed to; and the applicable aging effects for each material and environment combination. In addition, lic~nse renewal applicants must demonstrate that they can adequately manage such effects through acceptable aging management programs. To support its evaluation, the NRC uses its Generic Aging Lessons Learned Report, along with other relevant generic and plant-specific operating experience. The Generic Aging Lessons Learned Report is a systematic compilation of plant aging information and describes over 50. programs acceptable to the NRC staff for managing the effects of aging (available at http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr1801/). The NRC staff performs inspections and audits during the license renewal review process, along with follow-up inspections to verify implementation of the aging management programs. A renewed license, however, is not a guarantee that a facility will operate for the entire renewed license term. A licensee may opt tocease operation based on business decisions. regarding power production. In addition, the NRC has the authority to modify, suspend, or revoke an initial or renewed license if at any time it does not have reasonable assurance that a nuclear power plant can be operated safely.

In your letter, you express concern that, despite the leaks that have occurred at Palisades, the NRC has not assessed any fines. Under the NRC Reactor Oversight Process, when the NRC identifies a violation, it is evaluated using a Significance Determination Process to determine the effect on plant safety and risk. If the violation is of very low safety significance, it is discussed in NRC's inspection report with. no formal enforcement action. The plant operator is expected to correct the violation and take steps to prevent recurrence as part of the licensee's corrective action program. The issue may also be reviewed during future NRC inspections. As described in the NRC Enforcement Policy, Section 2.3.4, "Civil Penalty," violations assessed under the Reactor Oversight Process are considered for civil penalties if they adversely affect the common defense and security, are safety significant, are the result of a willful violations, or if the violation was repetitive as a result of unacceptable corrective actions. The previously cited leaks at Palisades did not meet the criteria for civil penalties consideration in accordance with the NRC Enforcement Policy. However, the NRC staff performed a number of extra inspections to ensure that the leaks were repaired; to ensure that the degraded conditions that resulted in the.

leaks were understood; and to ensure that effective corrective actions were in place to minimize the potential for recurrence. In addition, the violations are used as input in determining the future level of oversight that the NRC provides for each plant.

J. Flynn -2 You also raised a concern regarding NRC's inspection program and its ability to control potential future leakage. The NRC's regulatory structure presumes adequate protection of public health and safety through compliance with the NRC's regulations. The NRC's inspection program includes oversight of the licensee's program that continuously monitors for reactor coolant system integrity and, in the unlikely event of a significant leak, the ability of safety systems to respond. The NRC's inspection program ensures that licensees address and repair the leaks in accordance with NRC regulations, and engineering codes and standards, and examine other areas that may be susceptible to the same type of degradation.

In your letter, you mention that the NRC may be in need of greater resources to monitor Palisades. The NRC's practice is to staff each operating nuclear power plant with two resident inspectors and conduct approximately 2000 hours0.0231 days <br />0.556 hours <br />0.00331 weeks <br />7.61e-4 months <br /> of inspections each year. This year at Palisades, due to follow-up on issues (some of which you mentioned in your letter), the NRC increased the planned inspection hours to 3000. The NRC believes this level of inspection to be fully sufficient. .

Thank you for your interest in the activities at Palisades and for taking the time to participate in the January 12, 2013, Webinar. Please be assured that the NRC takes the safety and security of operating plants very seriously. The NRC resident inspectors act as the agency's eyes and ears in ensuring plant safety. These inspectors also live in the community surrounding the plant and are consequently very invested in plant safety. The NRC maintains safety as its top priority in order to ensure the protection of people and the environment. The NRC is providing oversight of the Palisades Nuclear Plant and appropriate regulatory action to ensure that the plant will continue to operate !Safety. If additional issues arise, the NRC will ensure that the licensee fully addresses these issues.

Sincerely,

.~~

Mark A. Satorius Executive Director for Operations cc: Carolyn O'Conner Ferry 910 Michigan Avenue Apt 1-S Evanston, IL 60202 Kevin Flynn 5302 North Delaware Street Indianapolis, IN 46220

J. Flynn -3 You also raised a concern regarding NRC's inspection program and its ability to control potential future leakage. The NRC's regulatory structure presumes adequate protection of public health and safety through compliance with the NRC's regulations. The NRC's inspection program includes oversight of the licensee's program that continuously monitors for reactor coolant system integrity and, in the unlikely event of a significant leak, the ability of safety systems to respond. The NRC's inspection program ensures that licensees address and repair the leaks in accordance with NRC regulations, and engineering codes and standards, and examine other areas that may be susceptible to the same type of degradation.

In your letter, you mention that the NRC may be in need of greater resources to monitor Palisades. The NRC's practice is to staff each operating nuclear power plant with two resident inspectors and conduct approximately 2000 hours0.0231 days <br />0.556 hours <br />0.00331 weeks <br />7.61e-4 months <br /> of inspections each year. This year at Palisades, due to follow-up on issues (some of which you mentioned in your letter), the NRC increased the planned inspection hours to 3000. The NRC believes this level of inspection to be fully sufficient.

Thank you for your interest in the activities at Palisades and for taking the time to participate in the January 12, 2013, Webinar. Please be assured that the NRC takes the safety and security of operating plants very seriously. The NRC resident inspectors act as the agency's eyes and ears in ensuring plant safety. These inspectors also live in the community surrounding the plant and are consequently very invested in plant safety. The NRC maintains safety as its top priority in order to ensure the protection of people and the environment. The NRC is providing oversight of the Palisades Nuclear Plant and appropriate regulatory action to ensure that the plant will continue to operate safety. If additional issues arise, the NRC will ensure that the licensee fully addresses these issues.

Sincerely, IRA!

Mark A. Satorius Executive Director for Operations .

Docket No. 50-255 cc: Carolyn O'Conner Ferry 910 Michigan Avenue Apt 1-S Evanston, IL 60202 Kevin Flynn 5302 North Delaware Street Indianapolis, IN 46220 DISTRIBUTION:

See next page ADAMS A ccesslon Nos.: Pk<g: ML13141A315; ncomlng: ML13141A313 ; Response: ML13149A156 *emal'1 concurrence OFFICE LPL3-1/R LPL3-1/PM EPNB/BC' RIII/BC' QTE' LPL3-1/LAiT NAME JDion MChawia TLupold JGeissner CHsu MHenderson DATE 06/26/13 06/26/13 06/26/13 06/27/13 07/01/13 08/22/13 OFFICE LPL3-1/LA OGC LPL3-1/BC NRRlDORUD NRRlD EDO NAME SRohrer- SF MMarsh RCarlson MEvans ELeeds (JUhle for) MSatorius DATE 07/03/13 07116/13 07/19/13 08/05/13 08/09/13 09/10/13 OFFICIAL RECORD COPY

Letter to Jody Flynn from Mark A. Satorius dated September 10, 2013.

SUBJECT:

PALISADES NUCLEAR PLANT DISTRIBUTION: G20130394/L TR-13-0435 PUBLIC LPL3-1 r/f RidsNrrOd Resource RidsEdoMailCenter Resource RidsNrrPMPalisades Resource RidsNrrDorlLpl3-1 Resource RidsRgn3MailCenter Resource RidsNrrDorlDpr Resource RidsNrrDSS/STSB Resource RidsNrrDorl Resource RidsNrrMailCenter Resource RidsNrrLASRohrer Resource RidsAcrsAcnw_MailCTR Resource AScarbeary, Palisades, RI TTaylor, Palisades, SRI MChawla, NRR DAiley, NRR JGiessner, Rill TRiley,OCA