ML21244A500

Enclosure 3 - James A. FitzPatrick Nuclear Power Plant-Response to Contested Violation and Final White Finding and Revised Notice of Violation-Inspection Report 0500333/2021090

ML21244A500
Person / Time
Site:	FitzPatrick
Issue date:	09/03/2021
From:	David Lew NRC Region 1
To:	Exelon Generation Co
References
EA-20-138 IR 2021090
Download: ML21244A500 (2)

See also: IR 05000333/2021090

Text

ENCLOSURE 3

NOTICE OF VIOLATION

Exelon Generation Company, LLC Docket No. 50-333

James A. FitzPatrick Nuclear Power Plant License No. DPR-59 EA-20-138

During an NRC review in response to a contested violation conducted from June 3, 2021,

through September 3, 2021, violations of NRC requirements were identified. In accordance with

the NRC Enforcement Policy, the violations are listed below:

Title 10 CFR Part 50, Appendix B, Criterion V, Instructions, Procedures, and Drawings, states,

in part, that activities affecting quality shall be prescribed by documented instructions,

procedures, or drawings, of a type appropriate to the circumstances and shall be accomplished

in accordance with these instructions, procedures, or drawings.

Title 10 CFR Part 50, Appendix B, Criterion XV, Nonconforming Materials, Parts, or

Components, states, in part, that measures shall be established to control materials, parts, or

components which do not conform to requirements in order to prevent their inadvertent use or

installation. These measures shall include, as appropriate, procedures for identification,

documentation, segregation, disposition, and notification to affected organizations.

Exelon Procedure SM-AA-102, Warehouse Operations, Revision 23, prescribes activities

affecting quality and measures to control nonconforming components. Procedure SM-AA-102,

Attachment 1, step 1.10.6, states Items that are on hold at one site can be released to another

site while on hold only if an action item is created at the receiving site to track resolution of the

item before the transfer occurs, and the item is added to the receiving sites hold tag log. A hold

tag shall be attached to the item upon receipt of the transfer at the receiving site.

FitzPatrick Technical Specification (TS 3.5.1) requires, in part, that the HPCI system be

operable in Modes 1, 2 and 3 with reactor steam dome pressure >150 psig. If the HPCI system

is determined to be inoperable, it shall be returned to an operable status within 14 days. If not

restored to an operable status, the unit shall be shut down and in Mode 3 within 12 hours1.388889e-4 days <br />0.00333 hours <br />1.984127e-5 weeks <br />4.566e-6 months <br />.

Contrary to the above, from December 16, 2017, to April 10, 2020, activities affecting quality

were not accomplished in accordance with procedures for controlling a nonconforming

component and a nonconforming component was not controlled in accordance with documented

procedures. Specifically, Exelon failed to initiate an action item at FitzPatrick to track resolution

of a nonconforming Pressure Control Valve (PCV) before its transfer occurred, did not add it to

the receiving sites hold tag log, and did not attach a hold tag upon receipt. As a result, on

December 16, 2017, Exelon did not identify that the PCVs diaphragm required replacement and

installed the nonconforming PCV in the High Pressure Coolant Injection (HPCI) system.

Consequently, the HPCI system was rendered inoperable prior to April 10, 2020, for a period

longer than its TS allowed outage time, and the unit was not shut down and placed in Mode 3

within 12 hours1.388889e-4 days <br />0.00333 hours <br />1.984127e-5 weeks <br />4.566e-6 months <br /> in accordance with requirements.

These violations are categorized collectively as a problem and are associated with a White

Significance Determination Process finding.

Notice of Violation 2

No response to this Notice of Violation is required since the NRC previously received adequate

responses as documented in a letter dated February 26, 2021 (ML21057A190). If you wish to

provide additional information for the NRC to consider, you should notify the Region I Regional

Administrator verbally within 10 days of receipt of this Notice of Violation, followed by a written

response submitted within 30 days of the date of the notification to the U.S. Nuclear Regulatory

Commission, ATTN: Document Control Desk, Washington, DC 20555-0001 with a copy to the

Regional Administrator, Region I, and a copy to the NRC Resident Inspector at the facility that is

the subject of this Notice. This reply should be clearly marked as a "Reply to a Notice of

Violation; EA-20-138". If you do not notify the Region I Regional Administrator within 10 days of

receipt, this Notice of Violation will be considered final.

Your response, if made, will be made available electronically for public inspection in the NRC

Public Document Room or from the NRCs document system (ADAMS), accessible from the

NRC Web site at http://www.nrc.gov/reading-rm/adams.html, to the extent possible, it should not

include any personal privacy, proprietary, or safeguards information so that it can be made

available to the public without redaction. If personal privacy or proprietary information is

necessary to provide an acceptable response, then please provide a bracketed copy of your

response that identifies the information that should be protected and a redacted copy of your

response that deletes such information. If you request withholding of such material, you must

specifically identify the portions of your response that you seek to have withheld and provide in

detail the bases for your claim of withholding (e.g., explain why the disclosure of information will

create an unwarranted invasion of personal privacy or provide the information required by

10 CFR 2.390(b) to support a request for withholding confidential commercial or financial

information). If safeguards information is necessary to provide an acceptable response, please

provide the level of protection described in 10 CFR 73.21.

In accordance with 10 CFR 19.11, the licensee may be required to post this Notice within two

working days of receipt.

Dated this 3rd day of September 2021.