ML20137E969

Notice of Violation from Insp on 970105-0222.Violation Noted:No Safety Evaluation Was Performed & Documented to Provide Bases for Determination That Change Did Not Involve Unreviewed Safety Question

ML20137E969
Person / Time
Site:	FitzPatrick
Issue date:	03/24/1997
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:
Shared Package
ML20137E965	List: ML20137E960 ML20137E969 ML20137E983
References
50-333-97-01, 50-333-97-1, NUDOCS 9703280342
Download: ML20137E969 (2)

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ENCLOSURE 1 NOTICE OF VIOLATION  !

New York Power Authority Docket No. 50-333 l James A. Fitzpatrick Nuclear Power Plant License No. DPR-59 During an NRC inspection conducted from January 5 to February 22,1997, a violation of NRC requirements was identified. In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," (Enforcement Policy), NUREG-1600, the  !

violation is listed below:

10 CFR 50.59, " Changes, tests, and experiments," permits licensees to make changes to the facility, as described in the Safety Analysis Report, without prior Commission approval, provided that the prop < sed changes do not involve a change in the technical specifications or involve an unreviewed safety question. Records of these changes must include a written safety evaluation which provides the bases ,

for the determination that the change does not involve an unreviewed safety  !

question. i The torus-to-drywell vacuum breaker isolation valves 27AOV-101 A and 27AOV-1018, and containment vent and purge isolation valves 27AOV-111 through 27AOV-118 are described in Sections 5.2.3.6 and 5.2.3.7 of the Fitzpatrick Final Safety Analysis Report.

Contrary to the above, since before January 31,1997, hose clamps or tie-wraps were installed to restrain the air operator disengaging levers of the vacuum breaker and containment purge isolation valves, and no safety evaluation was performed and documented to provide the bases for a determination that the change did not j involve an unreviewed safety question.  :

This is a Severity Level IV violation (Supplement 1).

Pursuant to the provisions of 10 CFR 2.201, New York Power Authority is hereby required to submit a written statement or explanation to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, D.C. 20555 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, within 30 days of receipt of the letter transmitting this Notice of Violation (Notice). This reply should be clearly marked as a " Reply to a Notice of )

Violation" and should include: (1) the reason for the violation, or, if contested, the basis for disputing the violation; (2) the corrective steps that have been taken and the results achieved; (3) the corrective steps that will be taken to avoid further violations, and (4) the l date when full compliance will be achieved. Your response may reference 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 the response time.

9703280342 970324 PDR ADOCK 05000333 1 G PDR l l

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l Because your response will be placed in the NRC Public Document Room (PDRb to the j extent possible, it should not include any personal privacy, proprietary, or safeguards l information so that it can be placed in the PDR without redaction. However, if you find it j necessary to include such information, you should clearly indicate the specific information  !

l that you desire not to be placed in the PDR, and provide the legal basis to support your  !

I request for withholding the information from the public.

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i Dated at King of Prussia, PA j this 24th day of March,1997 l I f I

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