ML20247M531

EN-98-026:on 980420,informs Commission That NRC Will Exercise Enforcement Discretion Per Section VII.B.6 of Enforcement Policy & Not Issue NOV or Propose Civil Penalty to Northern States Power Co for Two Violations W/Rhr

ML20247M531
Person / Time
Site:	Monticello
Issue date:	04/13/1998
From:	Lieberman J, Reis T NRC OFFICE OF ENFORCEMENT (OE)
To:
References
EA-97-032, EA-97-32, EA-97-332, EN-98-026, EN-98-26, NUDOCS 9805260293
Download: ML20247M531 (2)

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April 13,1998

. EN 98-026 OFFICE OF ENFORCEMENT NOTIFICATION OF SIGNIFICANT ENFORCEMENT ACTION Licensee: Northern States Power (EAs97-032 & 97-332)

Monticello Nuclear Generating Plant Docket No.50-26f j Subiect: EXERCISE OF ENFORCEMENT DISCRETION This is to inform the Commission that the NRC will exercise enforcement discretion per Section Vll.B.6 of the Enforcement Policy and not issue a Notice of Violation or propose a civil penalty to Northern States Power Company for two violations associated with residual heat removal (RHR) and PHR service water (RHRSW) pump requirements and the use of containment overpressure in emergency core cooling system pump performance calculations.

The first violation pertains to the number of RHR and RHRSW pumps required post-accident. The second violation pertains to the acceptability of using containment overpressure in determining whether adequate net positive suction head was available for the emergency core cooling system pumps following a design basis loss of coolant accident. These violations would normally be classified at Severity Level til in accordance with the Enforcement Policy, and a Notice of Violation and civil penalties would normally be considered. However, the staff has concluded that discretion under Section Vll.B.6 of the Enforcernent Policy is warranted and proposes not to issue a Notice of Violation or civil penalty because: (1) the first violation was identified by the licensee during a voluntary initiative; (2) for the second violation: (a) the Final Safety Analysis Report and accompanying NRC safety evaluation report did not explicitly discuss the net positive suction head requirements for the pumps; (b) the condition was subtle in nature and not likely to be disclosed through routine surveillance or quality assurance activities; and (c) the NRC identified a generic concem regarding the use of containment overpressure; (3) the corrective actions, taken for both issues, were comprehensive and timely; (4) neither violation was willful; and (5) neither violation would be categorized at a severity level higher than Severity Level ll.

It should be noted that the licensee has not been specifically informed of the enforcement action. The schedule ofissuance and notification is:

Mailing of Notice April 20,1998 Telephone Notification of Licensee April 20,1998 The State of Minnesota will be notified.

Contacts: T. Reis, OE, 415-3281 J. Lieberman, OE, 415-2741

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EN 98-026 Distribution OWFN OWFN TWFN Regional Offices Chairman Jackson EDO OC RI RIV Comm Dic,us DEDE AEOD Rll WCFO Comm. Diaz OE OP CTR Rlli Comm. McGaffigan OGC NMSS SECY NRR 1RM MAIL OCA 01 OlG NUDOCS PA SP RES PUBLIC IP ACRS PRELIMINARY INFORMATION - NOT FOR PUBLIC DISCLOSURE UNTIL VERIFICATION THAT LICENSEE HAS RECEIVED ACTION I