ML20154H713

Responds to 980911 Request for Reconsideration of Severity Level III NOV Issued on 980220 to WNP-2 for Violations of TS & 10CFR50.59.NRC Withdrawing Four Violations Grouped Into Severity Level III & Issuing Single Several Level Iv,Encl

ML20154H713
Person / Time
Site:	Columbia
Issue date:	10/13/1998
From:	Callan L NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:	Parrish J WASHINGTON PUBLIC POWER SUPPLY SYSTEM
Shared Package
ML20154H719	List: ML20154H713 ML20154H750
References
EA-97-138, NUDOCS 9810140302
Download: ML20154H713 (3)

Text

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p 9 k UNITED STATES

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2 NUCLEAR REGUL.ATORY COMMISSION WASHINGTON, D.C. 300sH001

• ,,o October 13, 1998 EA 97-138 Mr. J. V. Parrish (Mail Drop 1023)

Chlef Executive Officer Washington Public Power Supply System P.O. Box 968 Richland, Washington 99352-0968

SUBJECT:

REQUEST FOR RECONSIDERATION OF ENFORCEMENT ACTION (EA 97-138)

Dear Mr. Parrish:

I am responding to your letter of September 11,1998 in which you requested reconsideration of a Severity Level lil Notice of Violation received by Washington Public Power Supply Systems' (Supply System) WNP-2 facility on February 20,1998 for violations of Technical Specifications and 10CFR50.59. The violations involved changes made to the facility's instrument response time testing program.

In your letter you expressed concern that the Supply System received disparate treatment in that these same violations occurred at three other NRC licensed facilities and it was your understanding that these facilities received Severity Level IV or noncited violations. Your understanding is esst ntially correct in that, for violations A, B, C, and D of EA 97138, the NRC dispositioned these same violations as noncited violations at Carolina Power and Light's Brunswick, Pennsylvania Power and Light's Susquehanna', and Detroit Edison's Enrico Fermi facilities.

As indicated in Section Xill of NUREG 1600, Rev.1," General Statement of Policy and d 1 Procedures for NRC Enforcement Actions,"(Enforcement Policy) the NRC has a high threshold for reopening closed enforcement actions. However, given the circumstances of this case, we agree that reconsideration is appropriate.  ;

As you acknowledged in your September 11,1998, letter, the NRC does work diligently to achieve consistency in enforcement matters. In this case, at the time the decision was made to issue a Severity Level lli problem, the NRC consistently treated any 10 CFR 50.59 violations ,

involving unreviewed safety questions or a conflict with a technical specification, such that a license amendment is required and one was not sought, as Severity Level 111 violations. Such

• treatment is consistent with the Enforcement Policy, Supplement I, example C.10. However, by the time this case was issued the NRC had recognized that there are 10 CFR 50.59 violations involving unreviewed safety questions and conflicts with technical specifications that are not

' The noncited violations concerning Pennsylvania Power and Light's (PP&L) j errors related to changing Susquehanna'e RTT program did not include an j infraction of 10CFR50.59.

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9810140302 981013 PDR ADOCK 05000397 G PDR

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2 deserving of disposition at Severity Levelill because of their lack of significance. In hindsight, the NRC should have reconsidered the enforcement action prior to its issuance.

Accordingly, the NRC is withdrawing the four violations grouped into a Severity Level 111 problem in EA 97-138 dated February 20,1998, and is issuing a single Several Level IV violation which is enclosed. Because the NRC is satisfied with your acknowledgment and corrective actions taken for the violations as documented in your letters of January 20,1998 and March 19,1998, no additional response to this correspondence is required.

Disposition as noncited violations, similar to the three other facilities, is not warranted because the criteria of Section Vll.B.1 of the Enforcement Policy were not met in that the NRC identified the violations at your facility.

Should you have further questions regarding this matter please direct them to Mr. J. Lieberman, Director, Office of Enforcement.

In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter and any response you choose to submit (although none is required) will be placed in the NRC Public Document Room (PDR)

Sincerely, L. Jo ph Callan Ex( ive Director for Operations Docket No.: 50-397 License No.: NPF-21

Enclosure:

Notice of Violation cc (w/ encl):

Chairman Energy Facility Site Evaluation Council P.O. Box 43172 Olympla, Washington 98504 3172 Mr. Rodney L. Webring (Mail Drop PE08)

Vice President, Operations Support /PIO Washington Public Power Supply System P.O. Box 968 Richland, Washington 99352-0968

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Mr. Greg O. Smith (Mail Drop 927M)

WNP-2 Plant General Manager Washington Public Power Supply System P.O. Box 968 Richland, Washington 99352-0968 e

Mr. Daed A. Swank (Mail Drop PE20)

Manager, Regulatory Affairs '

Washington Public Power Supply System P.O. Box 968 Richland, Washington 99352-0968 Mr. Albert E. Mouncer (Mail Drop 396)

Chief Counsel Washington Public Power Supply System P.O. Box 968 -

Richland, Washington 99352-0968 Mr. Paulinserra (Mail Drop PE20)

Manager, Licensing Washington Public Power Supply System P.O. Box 968 Richland, Washington 99352-0968 Perry D. Robinson, Esq.

i Winston & Strawn 1400 L Street, N.W.

Washington, D.C. 20005-3502 I

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