IR 05000302/1997009

Forwards Insp Rept 50-302/97-09 on 970602-20,NOV & Exercise of Enforcement Discretion

ML20210V506
Person / Time
Site:	Crystal River
Issue date:	09/05/1997
From:	Reyes L NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:	Richard Anderson FLORIDA POWER CORP.
Shared Package
ML20210V511	List: ML20210V506 ML20210V524
References
50-302-97-09, 50-302-97-9, EA-97-330, NUDOCS 9709240031
Download: ML20210V506 (4)

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September 5, 1997 '

EA 97 330 Florida Power Corporation -

Crystal River Energy Complex Mr. Roy (SA2A)

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Sr. VP, Nuclear Operations ATTN: Hgr., Nuclear Licensing 15760 West Power Line Street Crystal River, Florida 34428 6708 SUBJECT: NOTICE OF VIOLATION AND EXERCISE OF ENFORCEMENT DISCRETION (NRC INSPECTION REPORT N0. 50 302/97 09)

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Dear Mr. Anderson:

This refers to the inspection conducted on June 2 through June 20, 1997, at Florida Power Corporation's (FPC) Crystal River Unit 3 nuclear facility. The purpose of the inspection was to assess emergency diesel gencr:: tor (EDG)

protective trips. The results of the inspection were discussed with members

of your staff at an exit meeting conducted on June 20, 1997, and were formally transmitted to you by letter dated July 14, 1997. That letter also provided you the opportunity to respond to the apparent violations in writing or to

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request a credecisional enforcement conference. Subsequently, you declined a conference, and by letter dated August 11, 1997, you submitted additional information to us regarding the apparent violations, the root causes, and your corrective actions to preclude recurrence. We have reviewed the inspection results and the additional information you provided and have concluded that sufficient information is available to determine the appropriate enforcement action in this matter.

Based on the information developed during the inspection, and the information that was provided in your August 11, 1997 letter, the NRC has determined that violations of NRC requirements occurred. The violations are cited in the enclosed Notice of Violation (Notice), and the circumstances surrounding the violations are described in detail in the subject inspection report.

Violation A involved tiie failue 20 perform an adequate safety evaluation

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for a 1987 modification which v d five protective trips to each EDG, Violation B involved the failuN o update the Final Safety Analysis Report (FSAR) to describe the added.EDG protective trips. The added EDG trips were

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not bypassed during emergency operation and were not installed with two out of-three coincident logic. A single failure in the added circuitry would increase the probability of failure of the EDGs creating an unreviewed safety question (USQ). FPC failed to identify that the changes involved a USQ that

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, required NRC review and approval prior to implementation and failed to ,

incorporate the ,information into an FSAR revision. In addition, Violation B and another recent example of failure to update the FSAR for a 1996 revised i ;

small break loss of coolant accident mitigation strategy (EA 97162), 1 indicated a weakness in your control of documentation of the design bases for l' i ADO 05 00302 l l lll!!l G PDR *

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FPC 2 the facility, These violations, including the failure to seek a required license amendment, are a significant failure to meet the requirements of 10 ,

CFR 50.59: and, therefore, have been categorized in the aggregate as a  !

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Severity Level III problem, i

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In accordance with the " General Statement of Policy and Procedures for NRC l

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Enforcement Actions" (Enforcement Policy), NUREG 1600, a civil penalty normally would be considered for a Severity Level III violation. However, I

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have been authorized, after consultation with the Director, Office of i

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Enforcement, to exercise enforcement discretion in accordance with Section '

L-VII.B,(6) of the Enforcement Policy and not propose a civil penalty in this case. The NRC has concluded that discretion is appropriate in that: (1) the

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Crystal River facility is shut down for performance reasons including engineering violations, such as the ones in this case and those issued on s.

'- March 12,1997 (EAs 96 365, 96 465 and 96 527), which involved a Severity

' Level 11 problem for the failure to perform adequate reviews pursuant to 10 CFR 50,59: (2) the Crystal River facility will remain shut down until i

completion of a comprehensive program of improvements in the engineering area; i

' (3) FPC has demonstrated that remedial action is being taken to ensure reestablishment of design margins for plant systems prior to plant restart:

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(4) NRC issued a $500,000 civil penalty on July 10, 1996 (EA 95 126), which

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included sanctions for engineering violations; and, (5) FPC's decision to l

restart Crystal River requires NRC concurrence in accordance with a

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Confirmatory Action Letter issued on March 4,1997,

We note that based on the dissenting comments from your staff at the June 20, i 1997 exit meeting, confusion still existed regarding the use of NSAC 125.

. This was despite recently completed initial training in accordance with

! Compliance Procedure CP 213. " Preparation of Safety Assessment and Unreviewed

< Safety Question Determination" as part of the corrective actions described in

[ your-August 11, 1997 letter. Nonetheless, based on additional inspection

conducted June 8 through July 12, 1997, documented in Inspection Report

50 302/97 08, we have concluded that your performance of safety assessments has improved and the one example of confusion over the use of NSAC 125 is not indicative of your overall program. Thus, the NRC has concluded that

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' information regarding the reason for these violations, the corrective actions taken and planned to correct the violations and prevent recurrence, and the

! date when full compliance will-be achieved is already addressed on the docket i

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in your August 11, 1997 letter. With regard to Violation A, the proposed modification to the EDG protective circuitry will be reviewed by the NRC when

your license amendment request is subm1tted, and this letter does not provide

! NRC approval or concurrence of proposed resolution of the technical issue.

l Therefore..you are not required to respond to this letter unless the

description therein does not accurately reflect your corrective actions or

your position. In that case, or if you choose to provide additional information, you should follow the instructions specified in the enclosed i Notice.

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FPC 3

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b In accordance with 10 CFR 2,790 of the NRC's " Rules of Practice," a copy of i this letter, its enclosure, and your response will be placed in the NRC Public Document Room.

l Should you have any nuestions concerning this letter, please contact us.

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Sincerely,

ORIGINAL SIGNED BY LUIS A. REYES

! Luis A. Reyes

[ Regional Administrator i Docket No. 50 302 License No. DPR 72

l Enclosure: Notice of Violation

cc w/ encl:

John P. Cowan, Vice President

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Nuclear Production (NA2E)

Florida Power Corporation

! Crystal River Energy Complex

! 15760 West Power Line Street l

Crystal River, FL 34428 6708 s

l Chip Pardee, Director

Nuclear Plant Operations (NA2C)

, Florida Power Corporation l Crystal River Energy Complex i 15760 West Power Line Street j Crystal River, FL 34428 6708 l. Robert E. Grazio, Director (SA2A)

Nuclear Regulatory Affairs i Florida Power Corporation

! Crystal River Energy Complex

15760' West Power Line Street

! Crystal River, FL 34428 6708

James S. Baumstark (SA2C)

Director, Quality Programs Florida Power Corporation

, Crystal River Energy Complex i. 15760 West. Power Line Street Crystal. River, FL 34428 6708 cc w/enci cont'd: (See page 4)

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FPC 4

cc w/ encl cont'd:

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R. Alexander Glenn Corporate Counsel L Florida Power Corporation

. MAC ASA-

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P. O. Box 14042

St. Petersburg, FL 33733

Attorney Ge.1eral Department of. Legal Affairs

- The Capitol

' Tallahasst.e FL 32304 Director

, Office of Radiation Control

Department of Health and i

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Rehabilitative Services 1317 Winewood Boulevard j Tallahassee, FL 32399 0700 Director Division of Emergency Preparedness Department of Community Affairs

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2740 Centerview Drive Tallahassee, FL 32399 2100

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Chairman i

Board of County Commissioners

, Citrus County

110 N. Apopka Avenue Inverness, FL 34450 4245 Robert B. Borsum B&W Nuclear Technologies

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1700 Rockville Pike, Suite 525 Rockville, MD 20852 1631 i

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