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{{Adams
#REDIRECT [[IR 05000317/2006012]]
| number = ML063000299
| issue date = 10/27/2006
| title = EA-06-198, Final Significance Determination for White Findings and Notice of Violation (NRC Inspection Reports Nos. 05000317/200612 and 05000318-2006012 - Calvert Cliffs Nuclear Power Plant)
| author name = Collins S
| author affiliation = NRC/ADM
| addressee name = Spina J
| addressee affiliation = Constellation Generation Group
| docket = 05000317, 05000318
| license number = DPR-053
| contact person =
| case reference number = EA-06-198
| document report number = IR-06-012
| document type = Enforcement Action, Notice of Violation
| page count = 5
}}
See also: [[see also::IR 05000317/2006012]]
 
=Text=
{{#Wiki_filter:October 27, 2006EA-06-198
Mr. James A. Spina, Vice PresidentCalvert Cliffs Nuclear Power Plant, Inc.
Constellation Generation Group, LLC
1650 Calvert Cliffs ParkwayLusby, Maryland 20657-4702SUBJECT:FINAL SIGNIFICANCE DETERMINATION FOR A WHITE FINDING ANDNOTICE OF VIOLATION (NRC Inspection Report Nos. 05000317/2006012 and05000318/2006012 - Calvert Cliffs Nuclear Power Plant)Dear Mr. Spina:
The purpose of this letter is to provide you with the final results of our significancedetermination for the preliminary White finding identified in the subject inspection report issued
on September 8, 2006.  This self-revealing finding involved inadequate design control duringthe establishment of the over-current trip setting for an electrical circuit breaker that suppliespower to the support systems for the 1A emergency diesel generator (EDG).  The lowover-current trip setting would have impacted the capability of the 1A EDG to perform itsintended safety function during certain design basis events at Calvert Cliffs Unit 1.In a telephone conversation with Mr. Arthur Burritt of NRC, Region I, on September 20, 2006,Ms. Pat Furio of your staff indicated that Constellation Generation Group did not contest thecharacterization of the risk significance of this finding and that you declined your opportunity to
provide additional information or discuss this issue in a regulatory conference.After considering the information developed during the inspection, the NRC has concl
uded thatthe inspection finding is appropriately characterized as White.  You have 10 business days
from the date of this letter to appeal the staff's determination of significance for the identifiedWhite finding.  Such appeals will be considered to have merit only if they meet the criteriagiven in NRC Inspection Manual Chapter 0609, Supplement 3.The NRC has also determined that the inadequate design control that resulted in the incorrectover-current trip setting for the 1A EDG support system supply breaker is a violation of NRCrequirements specified in 10 CFR Part 50, Appendix B, Criterion III, "Design Control," as citedin the attached Notice of Violation (Notice).  The circumstances surrounding the violation are
described in detail in the subject inspection report.  In accordance with the NRC EnforcementPolicy, the Notice of Violation is considered escalated enforcement action because it is
associated with a White finding.You are required to respond to this letter and should follow the instructions specified in theenclosed Notice when preparing your response.  The NRC will use your response, in part, to
Mr. James A. Spina2determine whether further enforcement action is necessary to ensure compliance withregulatory requirements.  Additionally, this issue causes Calvert Cliffs Unit 1 to be in theregulatory response band of the NRC Action Matrix, and we will notify you, by separatecorrespondence, of any further action we plan to take.In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter, itsenclosure, and your response will be made available electronically for public inspection in theNRC Public Document Room or from the NRC's document system (ADAMS) accessible from
the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.  To the extent possible, yourresponse should not include any personal privacy, proprietary, or safeguards information so
that it can be made available to the Public without redaction.  The NRC also incl
udessignificant enforcement actions on its Web site at www.nrc.gov; select What We Do
,Enforcement , then Significant Enforcement Actions
.Sincerely, /RA/
Samuel J. CollinsRegional AdministratorDocket Nos. 50-317License Nos. DPR-53Enclosure:  Notice of Violation
cc w/encl:M. J. Wallace, President, Constellation Generation
J. M. Heffley, Senior Vice President and Chief Nuclear Officer
C. W. Fleming, Senior Counsel, Constellation Generation Group, LLC
Director, Nuclear Regulatory Matters
R. McLean, Manager, Nuclear Programs
President, Calvert County Board of Commissioners
K. Burger, Esquire, Maryland People's Counsel
State of Maryland (2)
Mr. James A. Spina3DISTRIBUTION w/encl
:ADAMS (PARS)SECY
CA
OEMAIL
OEWEB
L. Reyes, EDO
W. Kane, DEDR
B. Sosa, OEDO
C. Carpenter, OE
L. Trocine, OE
L. Lopez, OE
O. Samuel, OE
L. Chandler, OGC
B. Jones, OGC
M. Elwood, OGC
J. Schlueter, OSTP
J. Dyer, NRR
M. Weber, NRR
B. Boger, NRR
R. Laufer, NRR
P. Milano, PM, NRR
R. Guzman, PM, NRR (Backup)
M. Cheok, RES
Enforcement Coordinators RII, RIII, RIVE. Hayden, OPAH. Bell, OIG
G. Caputo, OI
L. Tremper, OC
D. Screnci/N. Sheehan, RI
S. Collins, RA
M. Dapas, DRA
D. Lew, DRP
A. Blough, DRS
B. McDermott, DRP
A. Burritt, DRP
J. Giessner, DRP, SRI (acting)
M. Davis, DRS
C. Cahill, DRS
D. Holody, ORA
L. Cheng, DRS
C. Newgent - Resident OA
K. Farrar, RI
R. Summers, RI
C.  O'Daniell, RI
R1DRP_Mail
Region I OE Files (with concurrences)SUNSI Review Complete:        RJS                    (Reviewer's Initials
)DOCUMENT NAME:C:\FileNet\ML063000299.wpdAfter declaring this document "An Official Agency Record" it will be released to the Public.To receive a copy of this document, indicate in the box: 
" C" = Copy without attachment/enclosure  " E" = Copy with attachment/enclosure  " N" = No copyOFFICERI/ORARI/DRPERI/DRPRI/RCRI/ORANAMERSummers*BMcDermott*BHolian*KFarrar*DHolody*DATE09/28/0609/28/0610/02/0610/05/0610/05/06OFFICENRROERI/DRSRI/RANAMERPascarelli**CCarpenter**(DSolorio for)ABlough*SCollinsDATE10/16/0610/24/0610/04/0610/27/06*see prior concurrence** via e-mail on 10/24/06 from L. TrocineOFFICIAL RECORD COPY
EnclosureNOTICE OF VIOLATIONConstellation Generation Group, LLCDocket No. 50-317Calvert Cliffs Nuclear Power Plant Unit 1License No. DPR-53EA-06-198During an NRC inspection conducted between July 10 and August 16, 2006, for which an exitmeeting was held on August 16, 2006, a violation of
NRC requirements was identified.  Inaccordance with the NRC Enforcement Policy, the violation is listed below:10 CFR Part 50, Appendix B, Criterion III, "Design Control," requires, in part, that designcontrol measures shall provide for verifying or checking the adequacy of design, such
as by the performance of design reviews, by the use of alternate or simplified
calculational methods, or by the performance of a suitable testing program.Contrary to the above, since 1996 when Calvert Cliffs modified the on-site electricaldistribution design by installing a new the 1A emergency diesel generator (EDG), the
licensee failed to ensure that design control measures provided for verifying or
checking the adequacy of the design.  Specifically, calculation D-E-94-001, datedAugust 26, 1994, did not account for all the loads that can simultaneously start after anundervoltage event when establishing the short-term over-current trip setting for
electrical circuit breaker 1MCC123, the electrical supply for the  EDG support systems. In addition, neither adequate design reviews, alternate calculations, nor suitable testing
was done to identify that the over-current trip setting was incorrect.This violation is associated with a White Significance Determination Process finding.Pursuant to the provisions of 10 CFR 2.201, Constellation Generation Group, LLC, is herebyrequired to submit a written statement or explanation to the U.S. Nuclear RegulatoryCommission, ATTN:  Document Control Desk, Washington, DC 20555 with a copy to the
Regional Administrator, Region I, and a copy to the NRC Resident Inspector at the facility thatis the subject of this Notice of Violation (Notice), within 30 days of the date of the letter
transmitting this Notice.  This reply should be clearly marked as a "Reply to a Notice of
Violation; EA-06-198" and should include for each violation:  (1) the reason for the violation or,if contested, the basis for disputing the violation or severity level; (2) the corrective steps thathave been taken and the results achieved; (3) the corrective steps that will be taken to avoidfurther violations; and (4) the date when full compliance will be achieved.  Your response mayreference or include previous docketed correspondence if the correspondence adequately
addresses the required response.  If an adequate reply is not received within the time specified
in this Notice, an order or a Demand for Information may be issued as to why the license
should not be modified, suspended, or revoked or why such other action as may be proper
should not be taken.  Where good cause is shown, consideration will be given to extending theresponse time.  If you contest this enforcement action, you should also provide a copy of your response withthe basis for your denial to the Director, Office of Enforcement, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001. 
Notice of Violation2Because your response will be made available electronically for public inspection in the NRCPublic Document Room or from the NRC's document system (ADAMS) accessible from the
NRC Web site at http://www.nrc.gov/reading-rm/adams.html, to the extent possible, it shouldnot 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 yourresponse that deletes such information.  If you request withholding of such material, you mustspecifically 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 by10 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, you may be required to post this Notice within 2 workingdays. Dated this 27th day of October 2006
}}

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