ML061280475

Audit of Licensee Commitment Management Program

ML061280475
Person / Time
Site:	Cook
Issue date:	10/04/2006
From:	Tam P NRC/NRR/ADRO/DORL/LPLIII-1
To:	Nazar M Indiana Michigan Power Co
Tam P
References
TAC MD1359, TAC MD1360
Download: ML061280475 (10)

Text

October 4, 2006 Mr. Mano K. Nazar Senior Vice President and Chief Nuclear Officer Indiana Michigan Power Company Nuclear Generation Group One Cook Place Bridgman, MI 49106 SUBJECT D. C. COOK NUCLEAR PLANT, UNITS 1 AND 2 - AUDIT OF THE LICENSEES MANAGEMENT OF REGULATORY COMMITMENTS (TAC NOS. MD1359 AND MD1360)

Dear Mr. Nazar:

On September 7, 2004, the Office of Nuclear Reactor Regulation Office Instruction LIC-105, Managing Regulatory Commitments Made by Licensees to the NRC [Nuclear Regulatory Commission], Revision 1, was published. LIC-105, which is publicly available electronically from the Agencywide Documents Access and Management Systems (ADAMS) Public Electronic Reading Room on the Internet at the NRC web site (Accession Number ML042320463), provides the NRC staff and its stakeholders with a common reference for handling regulatory commitments made by commercial nuclear reactor licensees to the NRC staff. The guidance is consistent with the industry guidance prepared by the Nuclear Energy Institute (NEI), NEI 99-04, Guidance for Managing NRC Commitment Changes. LIC-105 specifies that once every 3 years, the NRC staff will audit a licensees commitment management program.

An audit of D.C. Cooks commitment management program was performed on site on September 11, 2006. Based on this audit, the NRC staff concludes that (1) the licensee had implemented NRC commitments on a timely basis; and (2) the licensee had implemented an effective program for managing regulatory commitments and commitment changes. Details of the audit are set forth in the enclosed audit report.

Sincerely,

/RA/

Peter S. Tam, Senior Project Manager Plant Licensing Branch III-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-315 and 50-316

Enclosure:

As stated cc w/encl: See next page

ML061280475 OFFICE LPL3-1\PM LPL3-1/LA LPL3-1/BC(A)

NAME PTam THarris MMurphy DATE 10/3/06 09/20/06 10/4/06

AUDIT REPORT BY THE OFFICE OF NUCLEAR REACTOR REGULATION (NRR)

REGULATORY COMMITMENTS MADE BY THE LICENSEE TO THE NUCLEAR REGULATORY COMMISSION (NRC)

DONALD C. COOK NUCLEAR PLANT (DCCNP), UNITS 1 AND 2 DOCKET NOS. 50-315 AND 50-316

1.0 INTRODUCTION AND BACKGROUND

On September 7, 2004, the Office of Nuclear Reactor Regulation Office Instruction LIC-105, Managing Regulatory Commitments Made by Licensees to the NRC, Revision 1, was published. LIC-105, Rev. 1, which is publicly available electronically from the Agencywide Documents Access and Management Systems (ADAMS) Public Electronic Reading Room on the Internet at the NRC web site (Accession Number ML042320463), provides the NRC staff and its stakeholders with a common reference for handling regulatory commitments made by commercial nuclear reactor licensees to the NRC staff. The guidance is consistent with the industry guidance prepared by the Nuclear Energy Institute (NEI), NEI 99-04, Guidance for Managing NRC Commitment Changes.

According to LIC-105, Rev. 1, which cites the definition from NEI-99-04, a regulatory commitment is 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. LIC-105, Rev 1, further directs the NRR Project Manager to audit the licensees commitment management program by assessing the adequacy of the licensees implementation of a sample of commitments made to the NRC in past licensing actions [amendments, reliefs, exemptions, etc.] and activities [bulletins, generic letters, etc.]. The audit is to be performed every 3 years.

2.0 AUDIT PROCEDURE AND RESULTS Since no such audit was performed before the date of the subject audit, the NRC staff defined the period covered by this audit to go back approximately 3 years from the date of the audit.

The audit was performed onsite at DCCNP on September 11, 2006.

2.1 Verification of Licensees Implementation of NRC Commitments The primary focus of this part of the audit is to confirm that the licensee has implemented those commitments made to the NRC as part of past licensing actions/activities. For commitments that had not yet been implemented, the NRC staff aimed to ascertain that they have been captured in an effective program for future implementation.

ENCLOSURE

2.1.1 Audit Scope Before the audit, the NRC staff searched ADAMS for the licensees licensing action and licensing activity submittals dated in the last 3 years. Some of these submittals contain regulatory commitments, but the NRC staff found that commitments meeting the definition in LIC-105, Rev. 1, are few in number. Table 1 lists most of the licensees commitments made in the subject period. Table 1 deliberately omitted the licensees commitments conveyed via submittals that are non-public, even though the NRC did audit those commitments.

LIC-105, Rev 1, limits the audit of commitments to those made in writing to the NRC as a result of past licensing actions (amendments, exemptions, etc.) or licensing activities (bulletins, generic letters, etc.). Accordingly, the audit excluded the following types of commitments:

(1) Commitments made as a result of Licensee Event Reports (LER)s - These commitments are controlled by the licensees LER process, which is imposed by Title 10 of the Code of Federal Regulations (10 CFR) Section 50.73.

(2) Commitments made on the licensees own initiative among internal organizational components.

(3) Commitments that pertain to milestones of licensing actions/activities (e.g., respond to an NRC request for additional information by a certain date). Fulfillment of these commitments was indicated by the fact that the subject licensing action/activity was completed.

(4) Commitments made as an internal reminder to take actions to comply with existing regulatory requirements such as regulations, Technical Specifications, and Updated Final Safety Analysis Reports. Fulfillment of these commitments was indicated by the licensee having taken timely action in accordance with the subject requirements.

2.1.2 Audit Results The NRC staff reviewed reports generated the licensees tracking program for the commitments listed in Table 1 to evaluate the status of completion. The NRC staff found that the licensees commitment tracking program had captured all the regulatory commitments that were identified by the NRC staff before the audit. Table 1 summarizes what the NRC staff observed as the current status of licensee commitments.

2.2 Verification of the Licensees Program for Managing NRC Commitment Changes The NRC staff reviewed the licensees procedure entitled Commitment Management, PMP-2350-CMS-001, Revision 1, against NEI 99-04. In particular, in regards to managing a change or deviation from a previously completed commitment, this procedure specifically refers to the guidance of NEI-99-04. In general, the licensees procedure follows closely the guidance of NEI-99-04: it sets forth the need for identifying, tracking, and reporting commitments, and it provides a mechanism for changing commitments.

The effectiveness of a procedure can be indicated by the products that are produced by the procedure. As set forth in Section 2.1 above, the NRC staff found that the licensee had properly addressed each regulatory commitment selected for this audit. As a result of review of the licensees information, as well as information from other sources, the NRC staff found no reason to differ from the licensees reported status of the audited commitments. Thus, the NRC staff surmises that the procedure used by the licensee to manage commitments is appropriate and effective.

3.0 LICENSEE PERSONNEL CONTACTED FOR THIS AUDIT Randy Crane Julie Newmiller

4.0 CONCLUSION

The NRC staff concludes that, based on the above audit, (1) the licensee had implemented or is tracking for future implementation regulatory commitments; and (2) the licensee had implemented an effective program to manage regulatory commitment changes.

Principal Contributor: P.S. Tam Date: October 4, 2006

TABLE 1 D.C. COOK NUCLEAR PLANT AUDIT OF WRITTEN LICENSEE COMMITMENTS (2003 THROUGH 2006)

DCCNP NRC NRC Issuance Summary of Commitment Licensee Submittal TAC Implementation No. Status 3/27/03 MC1498 Amend. No. 264, Within 60 days of issuance of the 2/19/04 AEP:NRC: 12/10/03 amendment, will conduct a comprehensive 3591-01 root cause analysis evaluation of the Commitment No.

ML033460380 12/7/03 emergency diesel failure with a 8278 multi-discipline team, including external component experts.

8/27/03 MC0600 Amend. Nos. 281, Within 45 days after issuance of 2/23/04 AEP:NRC-3304 MC0601 265 amendment, will implement a Tech. Spec. Commitment No.

ML032471660 6/25/04 Bases Control program. 8242 7/26/04 MC3473 (pending) Within 60 days of plant start following the 6/24/05 AEP:NRC:4054 MC3474 next scheduled inspections, the licensee Commitment No.

-07 will submit the information requested in 8289 ML042160342 Bulletin 2004-01, Item (2).

10/28/04 MC3473 (pending) If circumferential cracking is observed in Ongoing AEP:NRC:4054 MC3474 either the pressure boundary or non- Commitment No.

-10 pressure boundary portions of any location 8308 ML043090409 covered under the scope of Bulletin 2004-01, the licensee will develop plans to perform an adequate extent-of-condition evaluation, and will discuss those plans with cognizant NRC staff prior to restarting the affected unit.

9/21/04 MC4525 Amend. Nos. 289, Prior to the first time the extended allowed 11/4/05 AEP:NRC:4811 MC4526 271 outage time is entered for the emergency Commitment No.

ML042780478 9/9/05 diesel generators, the emergency service 8307 water system, or the closed cooling water system, develop procedures to support use of the supplemental diesel generators.

9/21/04 MC4525 Amend. Nos. 291, Prior to the first time the extended allowed 11/4/05 AEP:NRC:4811 MC4526 273 outage time is entered for the emergency Commitment No.

ML042780478 9/30/05 diesel generators, the emergency service 8307 water system, or the closed cooling water system, develop procedures to support use of the supplemental diesel generators.

DCCNP NRC NRC Issuance Summary of Commitment Licensee Submittal TAC Implementation No. Status 7/29/05 MC8166 Amend. Nos. 292, Using an industry database, the licensee Ongoing (to be AEP:NRC:5090 MC8167 274 will provide the NRC the operating date (for considered complete ML052220266 1/12/06 each calendar month) that is described in when procedure is GL 97-02, Revised Contents of the Monthly written).

Operating Report, by the last day of the Commitment No.

month following the end of each calendar 8376 quarter. The commitment will be based on the use of an industry database (e.g., the industrys Consolidated Data Entry (CDE) program, currently being developed by the Institute of Nuclear Power Operations).

This regulatory commitment will be implemented to prevent any gaps in the monthly statistics and shutdown experience provided to the NRC (i.e., data for all months will be provided using one or both systems (month operating reports and CDE).

8/10/05 MC8805 Amend Nos. 293, Will formalize in the nuclear fuel 3/6/06 AEP:NRC:5331 MC8806 275 administrative procedure for core designs Commitment No.

ML052300238 2/10/06 performance of the dropped rod cluster 8358 control assembly analysis for future fuel cycles. The analysis will be done prior to the start of each fuel cycle 4/13/06 MD1131 Amend. No. 276 Prior to Unit 2 entering Mode 3 during the 4/22/06 AEP:NRC:6381 4/13/06 current refueling outage, will perform all Commitment No.

-03 Technical Specification surveillance 8406 ML061150354 requirements that challenge operation of the AB emergency diesel generator voltage regulator.

9/22/05 MC8569 Relief, 5/31/06 By 12/31/05, will develop and submit a risk- Ongoing AEP:NRC:5055 MC8570 informed inservice inspection program for Commitment No.

-10 NRC review. This target date was revised 8356 ML052780450 to 9/30/06 by the licensees letter of 7/28/06 (AEP:NRC:6055-13).

12/21/05 MB9794 Relief, 5/31/06 By 3/31/06, the licensee will update the 3/23/06 AEP:NRC:5054 MB9795 evaluation of offsite sources of toxic gas. If Commitment No.

-15 it is necessary to quantify the potential 8273 ML060040237 chemical concentrations in the control room, the update will include the assumption that the toxic gases enter the control room via the normal makeup flow.

DCCNP NRC NRC Issuance Summary of Commitment Licensee Submittal TAC Implementation No. Status 3/4/05 MC4679 (pending ) The licensee has established a contract 3/17/06 AEP:NRC:5054 MC4680 with Westinghouse to provide a plant- Commitment No.

-04 specific evaluation of debris generation, and 8309 ML050750069 develop a computational fluid dynamics model of the containment to determine sump fluid velocity profiles, debris transport to the ECCS recirculation sump screens, head loss associated with debris accumulation, and the effect f head loss on available NPSH. The final Westinghouse report and licensee's acceptance will be completed in time to support submittal of the response to Requested Information Item 2 of GL 2004-02 no later than 9/1/05.

3/4/05 MC4679 (pending ) During the next refueling outages, the 4/15/05 AEP:NRC:5054 MC4680 licensee will perform additional containment Commitment Nos.

-04 walkdowns using guidance provided in NEI 8312 and 8313 ML050750069 04-07 and NEI 02-02.

8/31/05 MC4679 (pending) By 12/31/05, the licensee will complete the Ongoing AEP:NRC:5054 MC4680 final acceptance review of the Commitment No.

-11 Westinghouse summary report, and will 8362 ML052510512 complete evaluations and submit any required license amendment requests. The target date was changed to 12/31/07 per the licensees commitment change procedure.

Donald C. Cook Nuclear Plant, Units 1 and 2 cc:

Regional Administrator, Region III Michigan Department of Environmental U.S. Nuclear Regulatory Commission Quality Suite 210 Waste and Hazardous Materials Div.

2443 Warrenville Road Hazardous Waste & Radiological Lisle, IL 60532-4351 Protection Section Nuclear Facilities Unit Attorney General Constitution Hall, Lower-Level North Department of Attorney General 525 West Allegan Street 525 West Ottawa Street P. O. Box 30241 Lansing, MI 48913 Lansing, MI 48909-7741 Township Supervisor Lawrence J. Weber, Plant Manager Lake Township Hall Indiana Michigan Power Company P.O. Box 818 Nuclear Generation Group Bridgman, MI 49106 One Cook Place Bridgman, MI 49106 U.S. Nuclear Regulatory Commission Resident Inspector's Office Mr. Joseph N. Jensen, Site Vice President 7700 Red Arrow Highway Indiana Michigan Power Company Stevensville, MI 49127 Nuclear Generation Group One Cook Place James M. Petro, Jr., Esquire Bridgman, MI 49106 Indiana Michigan Power Company One Cook Place Bridgman, MI 49106 Mayor, City of Bridgman P.O. Box 366 Bridgman, MI 49106 Special Assistant to the Governor Room 1 - State Capitol Lansing, MI 48909 Mr. John A. Zwolinski Safety Assurance Director Indiana Michigan Power Company Nuclear Generation Group One Cook Place Bridgman, MI 49106