ML17347B535

Responds to 891229 Petition Requesting That NRC Immediately Investigate Root Cause of Recent Trips,Impose Escalated Civil Penalty & Immediately Terminate OLs If Investigation Reveals Trips Could Have Been Prevented.Requests Denied

ML17347B535
Person / Time
Site:	Turkey Point
Issue date:	01/23/1990
From:	Murley T Office of Nuclear Reactor Regulation
To:	Saporito T NUCLEAR ENERGY ACCOUNTABILITY PROJECT
Shared Package
ML17347B536	List: ML17347B535 ML17347B537 ML17347B538
References
2.206, DD-89-05, NUDOCS 9001300482
Download: ML17347B535 (17)

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NUCLEAR R EGULATORY COMMISSION WASHINGTON, D. C. 20555 January 23, 1990 Hr. Thomas J. Saporito, Jr.

Executive Director Nuclear Energy Accountability Project 1202 Sioux Street Jupiter, Florida 33458

Dear Hr. Saporito:

This letter is in response to your Petition filed on December 29, 1989, with the Executive Director for Operations.

In your Petition, you reauest that the NRC:

(1) immediately investigate and determine the root cause of the recent trips of Turkey Point Units 3 and 4 on or about December 25, 1989; (2) impose an escalated civil penalty if the investigation reveals that the reactors tripped due to poor maintenance practices or incorrect operation of the plant; and (3) immediately suspend Turkey Point's operating licenses (DPR-31 and DPR-41) if the investigation reveals that these reactor trips could have been prevented through correct maintenance practices or proper operation of the plant.

As the basis for your request, you allege that reasonable assurance for the continued safe operation of Turkey Point Units 3 and 4 does not exist due to:

(1) loss of administrative controls and significant plant events resulting in reactor trips which evidence deficiencies in the licensee's programmatic overall maintenance of the physical plants; and (2) the licensee's fai lure to establish a satisfactory operator training program that meets the NRC criteria for such a program.

Your Petition has been referred to me for response pursuant to 10 C.F.R. 52.206 of the Commission's regulations.

We have reviewed your Petition and find that you have presented no specific facts in support of your allegations, and have not raised any new information which is not already being reviewed by the NRC.

Since you have not set forth the factual basis for your request with the specificity required by 10 C.F.R. 52.206, further action need not be taken on your request.

See Philadel hia Electric Co. (Limerick Generating Station, Units 1 and 2), tm 8-85).

Nevertheless, let me clarify the events that occurred at Turkey Point Units 3 and 4 to which you refer.

On December 23, 1989, Turkey Point Unit 4 experienced a reactor trip due to the closure of a main steam isolation valve (HSIV) caused by water intrusion and corrosion within the NSIV's terminal box.

As a result, Florida Power and Light Company (FPL) inspected the other HSIV terminal boxes at the site and found two other boxes associated with Unit 3 NSIYs that had also experienced water intrusion and corrosion.

FPL declared these HSIVs inoperable and shut down Unit 3 to make the necessary repairs.

Therefore, only Unit 4 experienced a

reactor trip due to this event.

However, the issue of water intrusion and corrosion within terminal boxes is a concern for both Turkey Point Units 3 and 4.

FPL is performing a detailed inspection of terminal boxes at the plant for this problem and is preparing a root-cause analysis.

In your Petition you request that the NRC immediately investigate the trips at Turkey Point actually only one trip) and determine the root cause.

The NRC is aware of the circumstances of the event and is currently monitoring FPL's inspections and root cause analysis as part of its ongoing inspection program at the site.

If the NRC determines that a violation of its regulations or the conditions of FPL's licenses has occurred, the NRC will consider taking

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e Nr; Thomas J. Saporito January 25, 1990 appropriate enforcement action.

The documentation associated with NRC inspection and enforcement actions will be filed and available to you in the Local Public Document Room at the Environmental and Urban Affairs Library, Florida International University, Miami, Florida.

With regard to your allegations concerning deficiencies in the licensee's maintenance and operator training programs, the adequacy of the licensee's maintenance, operation, and training activities was raised by you in your Petition submitted pursuant to 10 C.F.R 52.206, dated December 21, 1988 (as supplemented).

In my Partial Director's Decision DD-89-05, dated July 12, 1989, I responded to these issues and found that no substantial basis was provided for taking the actions requested in your December 21, 1988, Petition.

You have not provided any new evidence which would cause me to reconsider this conclusion.

In addition, the issues you raise are the subject of NRC inspection activities at Turkey Point and are also evaluated as part of the NRC's Systematic Assessment of Licensee Performance (SALP).

As stated

above, should the NRC identify any violations in these

areas, the NRC will consider taking such enforcement action as may be appropriate.

Based on the above, I have concluded that you have presented no new information concerning this event that is not already being considered by the NRC.

Therefore, there is no basis at this time to take the actions you request in your Petition.

Sincerely,

[Original signed by Frank P. Gillespiej (for)

Thomas E ~ Nurley, Director Office of Nuclear Reactor Regul ati on cc:

See next page Florida Power and Light

• SEE PREVIOUS CONCURRENCE

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Mr; Thomas J. Saporito appropriate enforcement action.

The documentation associated w~h NRC inspection and any

.nforcement action will be filed and avaigaGle to you in the Local Public Documen oom at the Environmental and Urban ffairs Library, Florida International versity, Miami, Florida.

With regard to your allegatio concerning defici cies in the licensee's maintenance and operator traini

programs, th dequacy of the licensee's maintenance, operation, and train activit' were raised by you in your Petition submitted pursuant to 10 C.

R 52 06, dated December 21, 1988 (as supplemented).

In my Partial Director ecision DD-89-05, dated July 12, 1989, I responded to these issues and found a

no substantial basis was provided for taking the actions requested in our De ber 21, 1988, Petition.

You have not provided any new evidence whi would caus me to reconsider this conclusion.

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luated as part of t e NRC's Systematic Assessment of Licensee Perfo ance (SALP).

As stated '4 ve, should the NRC identify any violations in ese areas, the NRC will cons'r taking such enforcement action as may e appropriate.

Based on the above, I ave concluded that you have presented no new information concerning this even that is not already being considered by the NRC.

Therefore, there is no basis at this time to take the actions you reques in your Petition.

Sincerely, cc:

See next page Florida Power and Light

• SEE PREVIOUS CONCURRENCE Thomas E. Murley, Director Office of Nuclear Reactor Regulation

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issues of poor maintenance and operation of the plants and request both a civs enalty and suspension of Turkey Point's operating licenses if the investigation w

ants it.

Later in your Petition, you also allege that FPL has failed to establi a satisfactory operator training progr am.

The adequacy of the licensee's ma

tenance, operation and training activities were also raised by you in your Peti on submitted pursuant to 10 CFR 52.206, dated December 21,

1988, (as supplemente Partial Director's Decision DD-89-05, dated July 12, 1989, responded to th e issugs~and found that no substantial basis was found for taking the actions e

usted in your December 21,

1988, Petition.

You have not provided any net vidence which would cause us to reconsider this conclusion and the p sstion tated in Director's Decision DD-89-05 still stands.

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as, the NRC will take the appropriate enforce ent action.

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the NRC's normal inspection pr ram.

Therefore, there is no basis at this time o take the actions you quest in your Petition.

S incerely, cc:

See next page Thomas E. t<urley, Director Office of Nuclear Reactor Regul ation

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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 hlr.

Thomas J. Saporito, Jr.

1202 Sioux Street

Jupiter, Florida 33458

Dear hlr. Saporito:

This letter is in resporIse to your Petition filed on December 29, 1989, with the Executive Director for Operations.

Your Petition has been referred to me for response pursuant to 10 CFR 52.206 of the Commission's regulations.

In your Petition, you request that the NRC:

(1) immediately investigate and determine the root cause of the recent trips of Turkey Point Units 3 and 4 on or about Christmas; (2) impose an escalated civil penalty if the investigation reveals that the reactors tripped due to poor maintenance practices or incorrect operation of the plant; and (3) immediately suspend Turkey Point's operating licenses (DPR-31 and DPR-41) if the investigation reveals that these reactor trips could have been prevented through. correct maintenance practices or proper operation of the plant.

As the basis for your request, you allege that reason-able assurance for the continued safe operation of Turkey Point Units 3 and 4

does not exist due to:

(1) loss of administrative controls and significant plant events resulting in reactor trips which evidence deficiencies in the licensee' prograrrrIIatic overall maintenance of the physical plantsf and (2) the licensee's failure to establish a satisfactory operator training programW+eh+<

meets the NRC criteria for such a program.

Rot First, let me clarify the events ~h-occurred at Turkey Point Units 3 and 4

to which you refer.

On December 23, 1989, Turkey Point Unit 4 experienced a

reactor trip due to the closure of a main steam isolation valve (hISIV) caused by water intrusion and corrosion within the hlSIV's terminal box.

As a result, Florida Power and Light Company (FPL) inspected the other hlSIV terminal boxes at the site and found two other boxes associated with Unit 3 hISIVs that had also experienced water intrusion and corrosion.

FPL declared these hlSIVs inoperable and shut down Unit 3 io make the necessary repairs.

Therefore, only Unit 4 experienced a reactor trip due,to this event.

However, the issue of water intrusion and corrosion within terminal boxes is a concern for both Turkey Point Units 3 and 4.

FPL is performing a detailed inspection of terminal boxes at the plant for this problem and is preparing a root-cause analysis.

In your Petition, you request that the NRC immediately investigate the trips at Turkey Point (actually only one trip) and determine the root cause.

The NRC has reviewed the circumstances of the event and is currently monitoring FPL's irrspections a'nd root"cause analysis as part of its ongoing inspection program at the site.

If tke NRC's review determines that enforcement action is warranted (including consideration of civil penalty and/or license suspension),

the NRC will initiate the action in accordance with its normal enforcerrent policies.

Documentation associated with NRC inspection and enforcement acl.ivities will be filed and available to you in the Public Document Room.

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Thomas J. Sapori to You also raise the issues of poor maintenance and operation of the p'lants and request both a civil penalty and suspension of Turkey Point's operating licenses if the investigation warrants it.

Later in your Petition, you also allege that FPL has failed to establish a satisfactory operator training program.

The adequacy of the licensee's maintenance, operation~and training activities were also raised by you in your Petition submitted pursuant to 10 CFR 52.206, dated December 21, 1988f(as supplemented).

Partial Director's Decision DD-89-05, dated July 12,

1989, responded to these issues and found that no substantial basis was found for takin the actions requested in your December 21,

1988, Petition.

You have not e8 any new evidence which would cause ~

Co reconsider this conclusion and the position stated in Director's Decision DD-89-05 still stands.

In addition, the issues you raise are the subject of normal NRC inspection activities at Turkey Point and are also contained in the functional areas that are evaluated as part of the NRC's Systematic Assessment of Licensee Performance (SALP).

As stated

above, should the NRC's normal inspection programs identify any violations in these

areas, the NRC will take the appropriate enforcement action.

Based on the above, I have concluded that you have presented no new information concerning this event which is not already being considered by the NRC's normal inspection program.

Therefore, there is no basis at this time to take the actions you request in your Petition.

Sincerely, cc:

See next page Thomas E. Hurley, Director Office of Nuclear Reactor Regulation

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LITTLE GREEN TICKET NO. 0005025 - 2.206 REQUEST ON TURKEY POINT BY T.

SAPORITO NAME DATE 2.

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~tt1 y~r~g (eo PLEASE DO NOT REMOVE THIS SHEET FROM PACKAGE CAN THIS DOCUMENT BE DELETED FROM SYSTEM?

YES NO SHOULD THIS DOCUMENT BE ARCHIVED?

YES ----

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Mr. Thomas J. Saporito Florida Power and Light Company Turkey Point Plant CC:

Harold F. Reis, Esquire flewman and Holtzinger, P.C.

1615 L Street, N.W.

Washington, DC 20036 Mr. Jack Shreve Office of the Public Counsel Room 4, Holland Building Tallahassee, Florida 32304 John T. Butler, Esquire

Steel, Hector and Davis 4000 Southeast Financial Center Miami, Florida 33131-2398 Mr. K. N. Harris, Vice President Turkey Point Nuclear Plant Florida Power and Light Company P.O.

Box 029100 Miami, Florida 33102 County Manage~ of Metropolitan Dade County 111 NW 1st Street, 29th Floor Miami, Florida 33128 Senior Resident Inspector Turkey Point Nuclear Generating Station U.S. Nuclear Regulatory Commission Post Office Box 57-1185 Miami, Florida 33257-1185 Mr. Jacob Daniel Nash Office of Radiation Control Department of Health and Rehabilitative Services 1317 Winewood Blvd.

Tallahassee, Florida 32399-0700 Intergovernmental Coordination and Review Office of Planning II Budget Executive Office of the Governor The Capitol Building Tallahassee, Florida 32301 Administrator Department of Environmental Regulation Power Plant Siting Section State of Florida 2600 Blair Stone Road Tallahassee, Florida 32301 Regional Administrator, Region II U.S. Nuclear Regulatory Commission 101 Marietta Street, N.W. Suite 2900 Atlanta, Georgia 30323 Attorney General Department of Legal Affairs The Capitol Tallahassee, Florida 32304 Plant Manager Turkey Point Nuclear Plant Florida Power and Light Company P.O.

Box 029100 Miami, Florida 33102 Mr. J.

H. Goldberg Executive Vice President Florida Power and Light Company P.O.

Box 14000 Juno Beach, Florida 33408-0420

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