ML20216A876

Ack Receipt of Informing NRC of Steps Taken to Correct Violations Noted in Insp Repts 50-445/97-19 & 50-446/97-19 Issued on 980116.Implementation of Corrective Actions Will Be Reviewed During Future Inspections

ML20216A876
Person / Time
Site:	Comanche Peak
Issue date:	03/10/1998
From:	Murray B NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To:	Terry C TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC)
References
50-445-97-19, 50-446-97-19, EA-97-468, NUDOCS 9803120354
Download: ML20216A876 (4)

See also: IR 05000445/1997019

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UNITED STATES

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NUCLEAR REGULATORY COMMISSION

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REGION IV

611 HYAN PLAZA DRIVE, SulTE 400

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art.INGiON, TEXAS 76011 4064

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March 10, 1998

' EA 97-468

Mr. C. L. Terry

TU Electric

Group Vice President, Nuclear

ATTN: Regulatory Affairs Department

P.O. Box 1002

Glen Rose, Texas 76043

SUBJECT: NRC INSPECTION REPORT 50-445/97-19; 50-446/97-19

Dear Mr. Terry:

,

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Thank you for your letter of February 16,1998, in response to our January 16,1998,

letter and Notice of Violation conceming changes to your emergency plan. We have reviewed

your reply and find it responsive to the concems raised in our Notice of Violation. We will review

the implementation of your corrective actions during a future inspection to determine that full

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compliance has been achieved and will be maintained.

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Sincerely,

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Blaine Murray, Chief

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Plant Support Branch

Division of Reactor Safety

Docket Nos.: 50-445;50-446

License Nos.: NPF-87; NPF-89

cc:

Mr. R4er D. Walker

TU Electric

Regulatory Affairs Manager

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P.O. Box 1002

Glen Rose, Texas 76043

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9803120354 980310

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TU Electric

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Juanita Ellis

President- CASE

1426 South Polk Street

Dallas, Texas 75224

TU Electric

Bethesda Licensing

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3 Metro Center, Suite 610

Bethesda, Maryland 20814

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George L. Edgar, Esq.

Morgan, Lewis & Bockius

1800 M. Street, NW

Washington, D.C. 20036

G. R. Bynog, Program Manager /

Chief Inspector

Texas Department of Licensing & Regulation

Boiler Division

P.O. Box 12157, Capitol Station

Austin, Texas 78711

Honorable Dale McPherson

County Judge

P.O. Box 851

Glen Rose, Texas 76043

Texas Radiation Control Program Director

1100 West 49th Street

Austin, Texas 78756

John Howard, Director

Environmental and Natural Resources Policy

Omce of the Governor

P.O. Box 12428

Austin, Texas 78711

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TU Electric

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DISTRIBUTION w/coov of licensee's letter dated February 16.1998:

DCD (IE35)

Regional Administrator

CP Resident inspector (2)

DRS Director

DRS Deputy Director

DRP Director

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DRS-PSB

Branch Chief (DRP/A)

Project Engineer (DRP/A)

Branch Chief (DRP/TSS)

MIS System

RIV File

Action item File (Goines) (98-G-41 )

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DOCUMENT NAME: R:\\_CPSES\\CP719AK.GMG

To receive copy of document, indicate in box: "C" = Copy without enclosures *E" = Copy with enclosures "N" = No copy

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OFFICIAL RECORD COPY

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TU Electric

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DISTRIBUTION w/cooy of licensee's letter dated February 16.1998:

DCD (IE35)

Regional Administrator

CP Resident inspector (2)

DRS Director

DRS Deputy Director

DRP Director

- DRS-PSB

Branch Chief (DRP/A)

'

Project Engineer (DRP/A)

Branch Chief (DRP/TSS)

MIS System

,

RIV File

Action item File (Goines) (98-G-41 ) -

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DOCUMENT NAME: R:\\_CPSES\\CP719AK.GMG

To receive copy of document, Indicate in box: "C" = Copy without endosures "E" = Copy with enclosures "N" = No copy

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OFFICIAL RECORD COPY

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Log # TXX 98030

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File # 10130

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IR 97-19

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Ref. # 10CFR2.201

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February 16, 1998

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& PrincipalNuciant Oficer

U. S. Nuclear Regulatory Commission

Attn: Document Control Desk

Washington, DC 20555

SUBJECT: COMANCHE PEAK STEAM ELECTRIC STATION (CPSES)

DOCKET NOS. 50 445 AND 50-446

NRC INSPECTION REPORT NOS. 50-445/97-19 AND 50 446/97 19

RESPONSE TO NOTICE OF VIOLATION

Gentlemen:

TU Electric has reviewed the NRC's post Enforcement Conference letter

dated January 16, 1998, concerning the subject inspection conducted

during the period of September 22 25, 1997. Attached to the letter was a

Notice of Violation.

TU Electric hereby responds to the Notice of Violation in the attachment

to this letter.

Additionally. TV Electric has completed an independent review of the CPSES

Emergency Plan as committed in TU Electric's letter TXX 97211 to the NRC

dated September 26, 1997. The results of this review have been documented

and are available onsite for your review.

Since

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C. L. Ter y

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Attachment

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E. W. Henchoff. Region-IV

J. I. Tapia. Region IV

T. J. Polich. NRR

Resident Inspectors. CPSES

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98-0820

COMANCHE PEAK STEAM E1.ECTRIC STATION

P.O. Boa 1002 Glen Rme. Texas 76043 1002

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Attachment to TXX-98030

Page 1 of 5

RESPONSE TO NOTICE OF VIOLATION

RESTATEMENT OF VIOLATION A

(445:446/EA 97-468)

A.

10 CFR 50.54(q) requires-licensees to follow and maintain in effect.

an emergency plan which meets the standards in 50.47(b) and the

requirements of Appendix E to Part 50.

Licensees are permitted to

make changes to the plan without Commission approval only if the

changes do not decrease the effectiveness of the plan and the plan,

as changed, continues to meet 50.47(b) planning standards and

Appendix E requirements.

10 CFR 50.47(b)(2) requires. in part, that the onsite e:sergency

response plan must meet the standard of providing that adequate

staffing for initial facility accident response in key functional

areas be maintained at all times, and timely augmentation of

response capabilities is available.

Contrary to these requirements, on October 29, 1996, the licensee

made changes to its emergency plan, without Commission approval,

that decreased the effectiveness of the plan and did not continue to

meet Planning Standard 50.47(b)(2).

Specifically. on shift and

augmentation capabilities were reduced as follows:

Adequate staffing for initial response in key functional areas

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was not maintained when the emergency response organization no ,

longer included a dedicated communicator to perform offsite

agency notifications.

Timely augmentation of response capabilities was not available

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when two 40 minute responders, to help the shift technical

advisor perform dose assessment and engineering tasks, were

deleted.

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Timely augmentation of response capabilities was not available

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when one 40 minute responder. to perform offsite monitoring.

was deleted. As a result, offsite monitoring capabilities

would be delayed until the 70 minute responders arrived, since

on shift resources were not sufficient to perform the

monitoring (according to the licensee).

Timely augmentation of response capabilities was not available

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when five 40 minute responders to help perform station

surveys, team coverage, onsite surveys, access control,

personnel monitoring, and dosimetry were deleted.

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Attachment to TXX 98030

Page 2 of 5

RESPONSE TO V70LATION A

(445:446/EA 97-468)

TU Electric ' accepts the violation.

1.

Reason for Violation:

The examples cited In Violation A represent changes which say be perceived

as reductions in capability but are changes which TU Electric concluded

did not represent a reduction in the effectiveness of the CPSES Energency

Plan.

TU Electric also concluded that these changes as incorporated-into

the CPSES Emergency Plan. Revision 25, continued to be compliant with the

standards of 10 CFR 50.47(b) concerning adequate onshift and timely

- avgsentation staffing capabilities. The examples cited were either offset

by changes that increased the total onshift staffing levels, or were

-similar to other plan changes that had previously been justified,

proposed, accepted and/or implemented by other licensees. A detailed

explanation of TU Electric's conclusions regarding the cited changes is

documented in NRC letter dated November 5.1997. "Predecisional

Enforcement Conference Summary."

2.

Corrective actions taken:

Following inspection 445/446 97-19 conducted September 22 25, 1997

TU Electric consitted in letter TXX-97211 dated September 26, 1997, to

promptly revise the CPSES Emergency Plan. Revision 25. and include

corrective actions with respect to Table 1.1 " Staffing Requirements For

Emergencies." In the interim period prior to revising the plan. TV

Electric implemented insediate corrective actions to provide emergency

response augmentation staffing levels consensurate with those levels that

had previously been committed to in Table.l.1 of CPSES Emergency Plan.

Revision 24. The insediate corrective actions taken regarding onshift and

augmentation staffing are identified in letter TXX 97211.

Subsequent 1r TU Electric revised the CPSES Energency Plan. Table 1.1 in

Revision 2f which became effective October 15. 1997. Revision 26 was

submitted to the NRC by TU Electric letter TXX 97225 dated October 22.

1997. Changes incorporated into Table 1.1 of the CPSES Emergency Plan.

Revision 26. address the cited issues and meet the expectations conveyed

in NRC Inspection Report No. 50 445/97-19: 50 446/97 19.

3. .

Steps to prevent recurrence:

TU Electric has reviewed the CPSES policy. program and available industry

guidance for making changes to the CPSES Emergency Plan under the

provisions of 10 CFR 50.54(q). The results of this review, including

recommendations for improvement, have been docur;ented and are available

onsite for review.

Tlj Electric intends to consider the expectations conveyed in NRC

Inspection Report No. 50 445/97 19: 50 446/97 19. NRC actions regarding

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Attachment to TXX 98030

Page 3 of 5

emergency planning at other licensees, and any related future guidance

published by the NRC prior to making changes to the CPSES Emergency Plan

without prior NRC approval.

4.

Date when full compliance achieved:

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TU Electric is in full compliance. Corrective actions to address the cited

examples were completed October 15, 1997, in association with the

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effective date of the CPSES Emergency Plan. Revision 26.

RESTATEMENT OF VIOLATION B

(445:446/EA 468)

B.

10 CFR 50.54(q) requires licensees to follow and maintain in effect

an emergency plan which meets the standards in 50.47(b) and the

requirements of Appendix E to Part 50.

Licensees are permitted to

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make changes to the plan without Commission approval only if the

changes do not decrease the effectiveness of the plan and the plan.

as changed, continues to meet 50.47(b) planning standards and

Appendix E requirements.

10 CFR 50.47(b)(2) requires. in part, that the onsite emergency

response plan must meet the standard of providing that facility

assignments be unambiguously defined, adequate staffing to provide

initial facility accident response be maintained in key functional

areas at all times, and timely augmentation of response capabilities

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1s available.

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10 CFR Part 50. Appendix E.IV.A requires that emergency plans

describe the organization for coping with radiological emergencies.

including definition of authorities, responsibilities, and duties of

individuals assigned to the emergency organization.

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10 CFR Part 50. Appendix E.IV.F.1 requires that emergency plans

describe the specialized training and retraining programs for

certain categories of emergency response personnel. including fire

brigade members and security personnel.

10 CFR Part 50. Appendix E.IV.A.8 requires that emergency plans

identify the state and/or local officials who would order protective

actions.

Contrary to these requirements, on October 29, 1996, the licensee

made the following changes to its emergency plan without Commission

approval that did not continue to meet Planning Standard

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50.47.(b)(2), or the requirements of Appendix E.

1.

Changes involving the description of emergency response

organization members did not continue to meet Planning

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Standard 50.47(b)(2) and Appendix E.IV.A requirements.

Specifically. the description and responsibilities of the

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Attachment to TXX 98030

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following four emergency response organization positions were

deleted from Revision 25 but remained on the organization

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chart and emergency response organization call out roster: a)

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emergency operations facility radiation assessment

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coordin9 tor. b) technical support center operations

coordinator, c) operations advisor, and d) supporting staff

for the logistical support coordinator.

2.

Changes involving the description of the emergency response

organization training program did not continue to meet

Appendix E.IV.F.1 requirements.

Specifically, the description

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of the fire brigade and security training programs were

deleted from Revision 25,

3.

Changes involving the description of offsite decision makers

did not continue to meet Appendix E.IV.A.8 requirements.

Specifically, the identification of the offsite protective

action decision makers for the ingestion pathway zone was

deleted frca Revision 25 to the plan.

RESPONSE TO VIOLATION B

(445:446/EA 97 468)

TU Electric accepts the violation.

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1.

Reason for Violation:

TU Electric evaluated cited changes 1 and 2 above and concluded that they

were consistent with TV Electric's understanding of the regulations. This

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conclusion was based in part, on previous NRC acceptance in SSER 22 of a

similar level of detail in the plan's emergency organization description

and that training requirements were globally defined in plan sections 1

and 13 ressectively. A detailed explanation of TU Electric's conclusions

regarding t1e cited changes is documented in NRC letter dated November 5,

1997. "Predecisional Enforcement Conference Summary."

With respect to cited change 3. TU Electric made an administrative error

during preparation and issue of Revision 25 that removed the

identification of the subject offsite protective action decision maker for

the ingestion pathway zone.

2.

Corrective actions taken:

TU Electric has revised the CPSES Emergency Plan to address the cited

changes. The CPSES Emergency Plan. Revision 26. was submitted to the NRC

by TU Electcic letter TXX 97225 dated October 22, 1997. Revision 26

changes incorporated in plan section 1 address cited issues 1 and 3 above

regarding emergency organization description and identification of the

offsite protective action decision maker for the ingestion pathway zone. A

Revision 26 change incorporated in plan section 13 addressed cited issue 2

regarding the deletion of description of training program requirements for

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Attachment to 110C-98030

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the fire brigade and security. These changes revise the CPSES Emergency

Plan to meet'the expectations conveyed in NRC Inspection Report No. 50-

445/97 19: 50 446/97 19.

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3.

Steps to prevent recurrence:

TU Electric intends to consider the expectations conveyed in NRC

Inspection Report No. 50-445/97 19: 50 446/97 19, NRC actions regarding

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emergency planning at other licensees, and any related future guidance

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published by the NRC prior to making changes to the CPSES Emergency Plan

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without prior NRC approval.

TV Electric considers the administrative error associated with cited

change 3 to be an isolated case. This error and management expectations

on self checking have been discussed with appropriate personnel.

4.

Date when full compliance achieved:

TU Electric is in full compliance.

Corrective actions to address the

cited changes were completed October 15, 1997, in association with the

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effective date of the CPSES Emergency Plan, Revision 26.

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