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| issue date = 04/09/2018
| issue date = 04/09/2018
| title = Response to Appeal of NRC Letter Upholding Disputed Violation Documented in Evaluation of Changes, Tests, and Experiments Baseline Inspection Report 05000454/2017009, 050000455/2017009
| title = Response to Appeal of NRC Letter Upholding Disputed Violation Documented in Evaluation of Changes, Tests, and Experiments Baseline Inspection Report 05000454/2017009, 050000455/2017009
| author name = West K S
| author name = West K
| author affiliation = NRC/RGN-III
| author affiliation = NRC/RGN-III
| addressee name = Kanavos M E
| addressee name = Kanavos M
| addressee affiliation = Exelon Generation Co, LLC
| addressee affiliation = Exelon Generation Co, LLC
| docket = 05000454, 05000455
| docket = 05000454, 05000455
| license number = NPF-037, NPF-066
| license number = NPF-037, NPF-066
| contact person = Heck J K
| contact person = Heck J
| case reference number = EA-17-138
| case reference number = EA-17-138
| document report number = IR 2017009
| document report number = IR 2017009
Line 15: Line 15:
| page count = 3
| page count = 3
}}
}}
See also: [[followed by::IR 05000454/2017009]]
See also: [[see also::IR 05000454/2017009]]


=Text=
=Text=
{{#Wiki_filter:UNITED STATES NUCLEAR REGULATORY COMMISSION REGION III 2443 WARRENVILLE RD. SUITE 210 LISLE, ILLINOIS 60532-4352 April 9, 2018 EA-17-138  
{{#Wiki_filter:UNITED STATES
                              NUCLEAR REGULATORY COMMISSION
Mr. Mark Kanavos  
                                                  REGION III
Site VP, Byron Generating Station 4450 North German Church Rd Byron, IL 61010-9794  
                                      2443 WARRENVILLE RD. SUITE 210
                                          LISLE, ILLINOIS 60532-4352
                                                April 9, 2018
SUBJECT: RESPONSE TO APPEAL OF NRC LETTER UPHOLDING DISPUTED VIOLATION DOCUMENTED IN EVALUATION OF CHANGES, TESTS, AND EXPERIMENTS BASELINE INSPECTION REPORT 05000454/2017009, 05000455/2017009
EA-17-138
Dear Mr. Kanavos:  
Mr. Mark Kanavos
Site VP, Byron Generating Station
In a letter dated February 8, 2018, to Anne T. Boland, Director of the U.S. Nuclear Regulatory Commission's (NRC) Office of Enforcement, you requested the NRC review a December 21, 2017, decision by Kenneth G. O'Brien, Acting Deputy Regional Administrator, Region III, to  
4450 North German Church Rd
uphold Non-Cited Violation (NCV) 05000454/2017009-01; 05000455/2017009-01, which Exelon  
Byron, IL 61010-9794
had disputed. After reviewing that decision, and your February 8, 2018, letter, and after  
SUBJECT: RESPONSE TO APPEAL OF NRC LETTER UPHOLDING DISPUTED VIOLATION
coordination with the Director of the Office of Enforcement, I have decided to accept your  
              DOCUMENTED IN EVALUATION OF CHANGES, TESTS, AND EXPERIMENTS
request for review. To be clear, our process does not provide for multiple appeals of the Region's determination. Rather, under the specific facts of this case, I interpret your request instead as Exelon's initial appeal of the specific and substantive modifications to the NCV  
              BASELINE INSPECTION REPORT 05000454/2017009, 05000455/2017009
reflected in Region III's December 21 decision.  
Dear Mr. Kanavos:
In a letter dated February 8, 2018, to Anne T. Boland, Director of the U.S. Nuclear Regulatory
Consideration of this appeal is warranted in this case because the June 29, 2017, inspection report that documented the NCV (Byron Station Units 1 and 2-Evaluations of Changes Tests, and Experiments Baseline Inspection Report 05000454/2017009; 05000455/2017009) did not  
Commissions (NRC) Office of Enforcement, you requested the NRC review a December 21,
fully articulate the basis for the violation. Region III acknowledged this limitation in its
2017, decision by Kenneth G. OBrien, Acting Deputy Regional Administrator, Region III, to
December 21, 2017, letter, noting that the initially-documented NCV, "included an explanatory  
uphold Non-Cited Violation (NCV) 05000454/2017009-01; 05000455/2017009-01, which Exelon
statement that was open to interpretation," and provided additional information to justify the NCV.  
had disputed. After reviewing that decision, and your February 8, 2018, letter, and after
The additional information and analysis relied upon by Region III to uphold the NCV was not  
coordination with the Director of the Office of Enforcement, I have decided to accept your
previously provided to Exelon in writing. In turn, Exelon's February 8 appeal asserts detailed new arguments and information that Region III could not have reasonably expected Exelon to have raised earlier, given how the NCV was first documented. Accordingly, I have determined the unusual facts and circumstances of this particular case warrant consideration as an initial appeal of Region III's December 21 decision. Consistent with  
request for review. To be clear, our process does not provide for multiple appeals of the
that approach, the review will be conducted by an independent panel, which will consider all relevant information provided on this matter to date. The panel's final determination will rely in    
Regions determination. Rather, under the specific facts of this case, I interpret your request
M. Kanavos - 2 - 
instead as Exelons initial appeal of the specific and substantive modifications to the NCV
part upon input from the Office of Nuclear Reactor Regulation regarding the proper application of the NRC-approved Surveillance Frequency Control Program at Byron Station. 
reflected in Region IIIs December 21 decision.
This letter will be made available electronically for public inspection and copying from the Agencywide Documents Access and Management System (ADAMS) available at http://www.nrc.gov/reading-rm/adams.html and in the NRC Public Document Room in accordance with Title 10 of the Code of Federal Regulations (CFR) 2.390, "Public Inspections, Exemptions, Requests for Withholding." 
Consideration of this appeal is warranted in this case because the June 29, 2017, inspection
Sincerely,
report that documented the NCV (Byron Station Units 1 and 2Evaluations of Changes Tests,
and Experiments Baseline Inspection Report 05000454/2017009; 05000455/2017009) did not
/RA/ 
fully articulate the basis for the violation. Region III acknowledged this limitation in its
K. Steven West  Regional Administrator  Docket Nos. 50-454; 50-455 License Nos. NPF-37; NPF-66 cc:  Distribution via LISTSERV   
December 21, 2017, letter, noting that the initially-documented NCV, included an explanatory
statement that was open to interpretation, and provided additional information to justify the
NCV.
The additional information and analysis relied upon by Region III to uphold the NCV was not
previously provided to Exelon in writing. In turn, Exelons February 8 appeal asserts detailed
new arguments and information that Region III could not have reasonably expected Exelon to
have raised earlier, given how the NCV was first documented.
Accordingly, I have determined the unusual facts and circumstances of this particular case
warrant consideration as an initial appeal of Region IIIs December 21 decision. Consistent with
that approach, the review will be conducted by an independent panel, which will consider all
relevant information provided on this matter to date. The panels final determination will rely in


  ML18100A222 OFC RIII/ORA OE OGC RIII/ORA NAME JHeck:jc ABoland1 Moulding2 KSWest DATE 4/2/18 04/05/18 4/2/18 04/09/18
M. Kanavos                                      -2-
part upon input from the Office of Nuclear Reactor Regulation regarding the proper application
of the NRC-approved Surveillance Frequency Control Program at Byron Station.
This letter will be made available electronically for public inspection and copying from the
Agencywide Documents Access and Management System (ADAMS) available at
http://www.nrc.gov/reading-rm/adams.html and in the NRC Public Document Room in
accordance with Title 10 of the Code of Federal Regulations (CFR) 2.390, Public Inspections,
Exemptions, Requests for Withholding.
                                                  Sincerely,
                                                  /RA/
                                                  K. Steven West
                                                  Regional Administrator
Docket Nos. 50-454; 50-455
License Nos. NPF-37; NPF-66
cc: Distribution via LISTSERV
 
 
  ML18100A222
  OFC       RIII/ORA             OE                     OGC                 RIII/ORA
  NAME     JHeck:jc             ABoland1               Moulding2           KSWest
  DATE     4/2/18               04/05/18               4/2/18               04/09/18
}}
}}

Latest revision as of 10:43, 21 October 2019

Response to Appeal of NRC Letter Upholding Disputed Violation Documented in Evaluation of Changes, Tests, and Experiments Baseline Inspection Report 05000454/2017009, 050000455/2017009
ML18100A222
Person / Time
Site: Byron  Constellation icon.png
Issue date: 04/09/2018
From: Khadijah West
NRC/RGN-III
To: Kanavos M
Exelon Generation Co
Heck J
References
EA-17-138 IR 2017009
Download: ML18100A222 (3)
v • d • e


See also: IR 05000454/2017009

Text

UNITED STATES

NUCLEAR REGULATORY COMMISSION

REGION III

2443 WARRENVILLE RD. SUITE 210

LISLE, ILLINOIS 60532-4352

April 9, 2018

EA-17-138

Mr. Mark Kanavos

Site VP, Byron Generating Station

4450 North German Church Rd

Byron, IL 61010-9794

SUBJECT: RESPONSE TO APPEAL OF NRC LETTER UPHOLDING DISPUTED VIOLATION

DOCUMENTED IN EVALUATION OF CHANGES, TESTS, AND EXPERIMENTS

BASELINE INSPECTION REPORT 05000454/2017009, 05000455/2017009

Dear Mr. Kanavos:

In a letter dated February 8, 2018, to Anne T. Boland, Director of the U.S. Nuclear Regulatory

Commissions (NRC) Office of Enforcement, you requested the NRC review a December 21,

2017, decision by Kenneth G. OBrien, Acting Deputy Regional Administrator, Region III, to

uphold Non-Cited Violation (NCV)05000454/2017009-01; 05000455/2017009-01, which Exelon

had disputed. After reviewing that decision, and your February 8, 2018, letter, and after

coordination with the Director of the Office of Enforcement, I have decided to accept your

request for review. To be clear, our process does not provide for multiple appeals of the

Regions determination. Rather, under the specific facts of this case, I interpret your request

instead as Exelons initial appeal of the specific and substantive modifications to the NCV

reflected in Region IIIs December 21 decision.

Consideration of this appeal is warranted in this case because the June 29, 2017, inspection

report that documented the NCV (Byron Station Units 1 and 2Evaluations of Changes Tests,

and Experiments Baseline Inspection Report 05000454/2017009; 05000455/2017009) did not

fully articulate the basis for the violation. Region III acknowledged this limitation in its

December 21, 2017, letter, noting that the initially-documented NCV, included an explanatory

statement that was open to interpretation, and provided additional information to justify the

NCV.

The additional information and analysis relied upon by Region III to uphold the NCV was not

previously provided to Exelon in writing. In turn, Exelons February 8 appeal asserts detailed

new arguments and information that Region III could not have reasonably expected Exelon to

have raised earlier, given how the NCV was first documented.

Accordingly, I have determined the unusual facts and circumstances of this particular case

warrant consideration as an initial appeal of Region IIIs December 21 decision. Consistent with

that approach, the review will be conducted by an independent panel, which will consider all

relevant information provided on this matter to date. The panels final determination will rely in

M. Kanavos -2-

part upon input from the Office of Nuclear Reactor Regulation regarding the proper application

of the NRC-approved Surveillance Frequency Control Program at Byron Station.

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

Agencywide Documents Access and Management System (ADAMS) available at

http://www.nrc.gov/reading-rm/adams.html and in the NRC Public Document Room in

accordance with Title 10 of the Code of Federal Regulations (CFR) 2.390, Public Inspections,

Exemptions, Requests for Withholding.

Sincerely,

/RA/

K. Steven West

Regional Administrator

Docket Nos. 50-454; 50-455

License Nos. NPF-37; NPF-66

cc: Distribution via LISTSERV

ML18100A222

OFC RIII/ORA OE OGC RIII/ORA

NAME JHeck:jc ABoland1 Moulding2 KSWest

DATE 4/2/18 04/05/18 4/2/18 04/09/18

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