|
---|
Category:CORRESPONDENCE-LETTERS
MONTHYEARML20217K9401999-10-0606 October 1999 Submits Safeguards Event Log for Calendar Quarter Ending 990930,IAW 10CFR73.71.No Safeguards Events Occurred ML20210R9181999-08-13013 August 1999 Forwards Insp Rept 50-409/99-02 on 990726-28.No Violations Noted ML20210F3651999-07-0909 July 1999 Submits Safeguards Event Log for Calendar Quarter Ending 990630,IAW 10CFR73.71 & LACBWR Security Plan ML20196D5161999-06-21021 June 1999 Discusses Rev 19 to Various Portions of Lacrosse Boiling Water Reactor Emergency Plan Submitted Under Provisions of 10CFR50.54(q).NRC Initial Review of Changes Will Be Subject to Insp to Confirm No Decrease in Effectiveness of Plan ML20207G1991999-06-0303 June 1999 Informs of Reorganization in NRR Ofc,Effective 990328. Reorganization Chart Encl ML20206R9211999-05-10010 May 1999 Forwards Annual Financial Rept & Certified Financial Statements for DPC for Years 1998 & 1997,IAW 10CFR50.71(b). Util Will Forward 1998 Annual Rept as Soon as Rept Is Completed ML20206H6771999-05-0505 May 1999 Forwards Insp Rept 50-409/99-01 on 990414-16.No Violation Noted.Overall Performance During Decommissioning/Safe Storage Activities Was Good ML20206J3671999-04-30030 April 1999 Forwards Rev 13 to QA Program Description, IAW 10CFR50.54(a)(3) & 50.4(b)(7).Changes in Rev 13 Listed ML20205R4261999-04-0808 April 1999 Submits Ltr for Calendar Quarter Ending 990331 IAW 10CFR73.71, Reporting of Safeguards Events. No Safeguards Events Occurred During Quarter ML20204F8291999-03-0909 March 1999 Forwards Annual Rept on Status of Decommissioning Funding for La Crosse Boiling Water Reactor,Iaw 10CFR50.75(f)(1) ML20207C2661999-02-19019 February 1999 Forwards Radioactive Effluent Rept & Radiological Monitoring Rept for 1998 for Lacbwr. Lacbwr,Pcp & ODCM, Encl ML20207A9431999-02-11011 February 1999 Forwards Revised Pages to LACBWR Decommissioning Plan. Each Page with Change Will Have Bar in right-hand Margin to Designate Location of Change ML20198E4371998-12-17017 December 1998 Forwards Insp Rept 50-409/98-05 on 981207-10.No Violations Noted.Activities in Areas of Facility Mgt & Control,Spent Fuel Safety & Radiological Safety Were Examined ML20196A8921998-11-23023 November 1998 Forwards Rev 12 to LACBWR QA Program Description ML20155H4221998-11-0303 November 1998 Ack Receipt of Re Insp Rept 50-409/98-02,in Response to Transmitting Predecisional EC Summary & Exercise of Enforcement Discretion Re Compliance with Maint Rule ML20154K0191998-10-13013 October 1998 Forwards Insp Rept 50-409/98-04 on 980921-22.No Violations Noted ML20154P4351998-10-13013 October 1998 Responds to Re Insp Rept 50-409/98-02 & Refers to C/As Taken to Bring LACBWR Into Compliance with Maint Rule IR 05000409/19980021998-09-17017 September 1998 Discusses Predecisional Enforcement Conference Held on 980630 Re Insp Rept 50-409/98-02 & Exercise of Enforcement Discretion.Two Apparent Violations,Involving Failure to Implement Key Aspects of Maintenace Rule,Identified ML20151Z6501998-09-17017 September 1998 Discusses Predecisional Enforcement Conference Held on 980630 Re Insp Rept 50-409/98-02 & Exercise of Enforcement Discretion.Two Apparent Violations,Involving Failure to Implement Key Aspects of Maintenace Rule,Identified ML20153F7431998-09-14014 September 1998 Informs That Changes Made in Rev 12 Are Adminstrative in Nature & Do Not Result in Reduction in Commitment to Safety & Reliably Operate LACBWR in Safstor Condition,Per 980909 Telcon with NRC ML20237D8861998-08-21021 August 1998 Advises That Rev 18 to Portions of Emergency Plan Do Not Decrease Effectiveness of Plan & Plan Continues to Meet Relevant Stds of 10CFR50.47(b) & Therefore,Nrc Approval Not Required ML20237B9181998-08-17017 August 1998 Forwards Insp Rept 50-409/98-03 on 980811-12.No Violations Were Noted.Insp Included Review of Physical Security Plan for LACBWR ML20236W8111998-08-0303 August 1998 Forwards Summary of Decommissioning Insp Plan for Oct 1998 - Apr 1999,for Info.Plan Will Be Updated Approx Twice Yearly & May Be Revised at Any Time Based on Future Insp Findings, Events & Resource Availability ML20237E2631998-07-15015 July 1998 Forwards Rev 12 to QA Program Description. Page Change Locations Indicated by Bold Bar in right-hand Margin ML20236K7091998-07-0606 July 1998 Forwards Official Transcript Proceedings from 980513,public Meeting Held in Viroqua,Wi on Decommissioning of Lacrosse Boiling Water Reactor.Pen & Ink Changes Made to Original Transcript to Correct Errors & to Clarify Abbreviations ML20249A8331998-06-15015 June 1998 Expresses Appreciation for Support Provided for Recent Meeting Held at Viroqua High School - Middle School Complex on Decommissioning of Lacrosse Boiling Water Reactor ML20248M0461998-06-0909 June 1998 Expresses Appreciation for Support Provided for Recent Public Meeting Held at Viroqua High School on Decommissioning of LACBWR ML20216B9311998-05-0707 May 1998 Forwards Insp Rept 50-409/98-01 on 980420-0423.No Violations Noted ML20217K7121998-03-27027 March 1998 Forwards Rev 18 to LACBWR Emergency Plan.Bar Lines in right- Hand Margins Note Changes.Description of Each Change & Reason for Change Is Included as Cover Pages to Plan Rev ML20203K2041998-02-27027 February 1998 Forwards Summary of Decommissioning Insp Plan for Remainder of FY1998.Plan Will Be Updated Approx Twice Each Yr & May Be Revised Any Time Based on Future Insp Findings,Events, Resource Availabilty,Etc ML20202J4261998-02-16016 February 1998 Forwards Revised LACBWR Decommissioning Plan & Revised LACBWR Initial Site Characterization Survey for Safstor. Both Documents Revised Jan 1998 ML20202J0381998-02-10010 February 1998 Forwards Revised LACBWR Decommissioning Plan. Each Page W/Change Will Have Bar in right-hand Margin to Designate Location of Change ML20199A9351998-01-19019 January 1998 Forwards Insp Rept 50-409/97-01 on 971209-11 & 980107.No Violations Noted.Activities in Areas of Facility Mgt, Decommissioning Support,Spent Fuel Safety & Radiological Safety Were Examined During Insp ML20199J4111997-11-21021 November 1997 Informs That NRC Regional Oversight Responsibilities for LACBWR Has Been Transferred to Region III Div of Nuclear Matls Safety.Effective 971105 D Nelson Became Region III Point of Contact for Routine LACBWR Insp Matters ML20198R9721997-10-24024 October 1997 Forwards Changes to Physical Security Plan,Contingency Plan & Guard Force Training & Qualification Plan.Encl Withheld ML20149G1311997-07-10010 July 1997 Submits Ltr Re Quarterly Submittal of Safeguards Events Log for Quarter Ending 970630.No Safeguards Events During Past Quarter ML20148S9131997-07-0303 July 1997 Forwards Annual Financial Rept & Certified Financial Statements for Dairyland Power Cooperative for 1996 & 1995 ML20141H5581997-05-20020 May 1997 Discusses Change in Ofc as of 970520.Project Mgt for Facility BWR Will Be Assumed by Pw Harris.Site Visit Will Be Arranged Convenient to Both Staff & Scheduled Activities ML20141B7521997-05-0909 May 1997 Forwards TS Re Changes to LACBWR Controlling Documents ML20138H8011997-04-29029 April 1997 Forwards Corrected Page to Safety Evaluation,Issued by NRC, by Ltr Dtd 970425.W/o Ltr ML20138B6821997-04-25025 April 1997 Forwards Corrected Page 8 of SE for Amend 69 to La Crosse Boiling Water Reactor License ML20138A6431997-04-15015 April 1997 Forwards Rev 11 to LACBWR QA Program Description ML20137R7651997-04-11011 April 1997 Forwards Safety Evaluation Approving Changes to QAP Description ML20138B7261997-04-10010 April 1997 Submits Ltr for Calendar Quarter Ending 970331,IAW 10CFR73.71 & LACBWR Security Plan ML20134H1841997-01-31031 January 1997 Submits Quarterly Safeguards Event Log Re License DPR-45 ML20133A3721996-12-16016 December 1996 Forwards Rev 17 to LACBWR Emergency Plan ML20132F8601996-12-10010 December 1996 Forwards Revised LACBWR Decommissioning Plan. Each Page W/ Change Will Have Bar in right-hand Margin to Designate Location of Change ML20134M2421996-11-0505 November 1996 Forwards Rev 11 to QA Program Description, Clarifying Section I, Organization Paragraph 7.d Revised to Assure Majority of SRC Members Be Degreed Individuals ML20149F2461994-08-0202 August 1994 Ack Receipt of 10CFR50.54(a) Submittal Dtd 940620,which Incorporates Changes in Quality Assurance Program Description ML20058P1281993-12-0909 December 1993 Forwards Changes to Physical Security Plan,Contingency Plan & Guard Force Training & Qualification Plan.Encls Withheld (Ref 10CFR2.790(d)) 1999-08-13
[Table view] Category:OUTGOING CORRESPONDENCE
MONTHYEARML20210R9181999-08-13013 August 1999 Forwards Insp Rept 50-409/99-02 on 990726-28.No Violations Noted ML20196D5161999-06-21021 June 1999 Discusses Rev 19 to Various Portions of Lacrosse Boiling Water Reactor Emergency Plan Submitted Under Provisions of 10CFR50.54(q).NRC Initial Review of Changes Will Be Subject to Insp to Confirm No Decrease in Effectiveness of Plan ML20207G1991999-06-0303 June 1999 Informs of Reorganization in NRR Ofc,Effective 990328. Reorganization Chart Encl ML20206H6771999-05-0505 May 1999 Forwards Insp Rept 50-409/99-01 on 990414-16.No Violation Noted.Overall Performance During Decommissioning/Safe Storage Activities Was Good ML20198E4371998-12-17017 December 1998 Forwards Insp Rept 50-409/98-05 on 981207-10.No Violations Noted.Activities in Areas of Facility Mgt & Control,Spent Fuel Safety & Radiological Safety Were Examined ML20155H4221998-11-0303 November 1998 Ack Receipt of Re Insp Rept 50-409/98-02,in Response to Transmitting Predecisional EC Summary & Exercise of Enforcement Discretion Re Compliance with Maint Rule ML20154K0191998-10-13013 October 1998 Forwards Insp Rept 50-409/98-04 on 980921-22.No Violations Noted ML20151Z6501998-09-17017 September 1998 Discusses Predecisional Enforcement Conference Held on 980630 Re Insp Rept 50-409/98-02 & Exercise of Enforcement Discretion.Two Apparent Violations,Involving Failure to Implement Key Aspects of Maintenace Rule,Identified IR 05000409/19980021998-09-17017 September 1998 Discusses Predecisional Enforcement Conference Held on 980630 Re Insp Rept 50-409/98-02 & Exercise of Enforcement Discretion.Two Apparent Violations,Involving Failure to Implement Key Aspects of Maintenace Rule,Identified ML20237D8861998-08-21021 August 1998 Advises That Rev 18 to Portions of Emergency Plan Do Not Decrease Effectiveness of Plan & Plan Continues to Meet Relevant Stds of 10CFR50.47(b) & Therefore,Nrc Approval Not Required ML20237B9181998-08-17017 August 1998 Forwards Insp Rept 50-409/98-03 on 980811-12.No Violations Were Noted.Insp Included Review of Physical Security Plan for LACBWR ML20236W8111998-08-0303 August 1998 Forwards Summary of Decommissioning Insp Plan for Oct 1998 - Apr 1999,for Info.Plan Will Be Updated Approx Twice Yearly & May Be Revised at Any Time Based on Future Insp Findings, Events & Resource Availability ML20236K7091998-07-0606 July 1998 Forwards Official Transcript Proceedings from 980513,public Meeting Held in Viroqua,Wi on Decommissioning of Lacrosse Boiling Water Reactor.Pen & Ink Changes Made to Original Transcript to Correct Errors & to Clarify Abbreviations ML20249A8331998-06-15015 June 1998 Expresses Appreciation for Support Provided for Recent Meeting Held at Viroqua High School - Middle School Complex on Decommissioning of Lacrosse Boiling Water Reactor ML20248M0461998-06-0909 June 1998 Expresses Appreciation for Support Provided for Recent Public Meeting Held at Viroqua High School on Decommissioning of LACBWR ML20216B9311998-05-0707 May 1998 Forwards Insp Rept 50-409/98-01 on 980420-0423.No Violations Noted ML20203K2041998-02-27027 February 1998 Forwards Summary of Decommissioning Insp Plan for Remainder of FY1998.Plan Will Be Updated Approx Twice Each Yr & May Be Revised Any Time Based on Future Insp Findings,Events, Resource Availabilty,Etc ML20199A9351998-01-19019 January 1998 Forwards Insp Rept 50-409/97-01 on 971209-11 & 980107.No Violations Noted.Activities in Areas of Facility Mgt, Decommissioning Support,Spent Fuel Safety & Radiological Safety Were Examined During Insp ML20199J4111997-11-21021 November 1997 Informs That NRC Regional Oversight Responsibilities for LACBWR Has Been Transferred to Region III Div of Nuclear Matls Safety.Effective 971105 D Nelson Became Region III Point of Contact for Routine LACBWR Insp Matters ML20141H5581997-05-20020 May 1997 Discusses Change in Ofc as of 970520.Project Mgt for Facility BWR Will Be Assumed by Pw Harris.Site Visit Will Be Arranged Convenient to Both Staff & Scheduled Activities ML20138B6821997-04-25025 April 1997 Forwards Corrected Page 8 of SE for Amend 69 to La Crosse Boiling Water Reactor License ML20137R7651997-04-11011 April 1997 Forwards Safety Evaluation Approving Changes to QAP Description ML20149F2461994-08-0202 August 1994 Ack Receipt of 10CFR50.54(a) Submittal Dtd 940620,which Incorporates Changes in Quality Assurance Program Description ML20058B6791993-11-15015 November 1993 Ack Receipt of 931101 Response to Violations Noted in Insp Rept 50-409/93-17 ML20057G0841993-10-0606 October 1993 Forwards Insp Rept 50-409/93-01 on 930903-24 & Notice of Violation ML20057B3241993-05-0404 May 1993 Partial Response to FOIA Request for Documents.Forwards Documents Listed in App Q Which Are Being Made Available at Pdr.Documents Listed in App R Are Partially Withheld (Ref FOIA Exemption 5) ML20058M0361993-04-12012 April 1993 Partial Response to FOIA Request for Documents.Forwards Records in App L Which Are Being Withheld Partially for Listed Reasons,(Ref FOIA Exemptions 5) ML20127D3481993-01-13013 January 1993 Forwards Amend 67 to License DPR-45,SE & Request for Fr Publication.Amend Revises TS by Deleting Requirement That Radioactive Effluent Release Rept Be Submitted on Semiannual Basis & Adds Requirement That Rept Be Submitted Annually ML20128P5051992-11-23023 November 1992 Final Response to FOIA Request for Documents Re SECY-87-100 & 870622 Memo from Sj Chilk to V Stello & Wc Parler.Forwards Documents Listed in App a Which Are Being Made Available in PDR ML20141K0261991-08-0707 August 1991 Partial Response to FOIA Request for Documents Re Oyster Creek Nuclear Plant.Forwards App a Documents Which Are Being Made Available in PDR ML20059N6281990-10-0505 October 1990 Forwards Insp Rept 50-409/90-01 on 900917-18.No Violations Noted IA-89-409, Final Response to FOIA Request.App a & B Records Available in PDR & Encl.Portions of App B Record Withheld (Ref FOIA Exemption 6)1989-09-26026 September 1989 Final Response to FOIA Request.App a & B Records Available in PDR & Encl.Portions of App B Record Withheld (Ref FOIA Exemption 6) ML20247R3361989-09-26026 September 1989 Final Response to FOIA Request.App a & B Records Available in PDR & Encl.Portions of App B Record Withheld (Ref FOIA Exemption 6) ML20247A7251989-09-0101 September 1989 Forwards Safety Insp 50-409/89-02 on 890801-11.No Violations Noted ML20245B4531989-06-0808 June 1989 Forwards Encl Listed Info on Decommissioned & Shutdown Reactors Requested During Discussions at Saxton on 890511 ML20247K3871989-05-25025 May 1989 Forwards Insp Rept 50-409/89-01 on 890508-11.No Violations Noted ML20245J7131989-04-26026 April 1989 Forwards Amend 65 to License DPR-45,environ Assessment & Finding of No Significant Impact & Safety Evaluation.Amend Revises Tech Specs in Partial Response to 871221,880222,1013 & 890215 Applications ML20247M8271989-03-30030 March 1989 Discusses Licensee Requests for Changes to Requalification Program.Requests Include Extension of Max Time Period of 24 Months for Requalification Cycle to Account for Changes in Outage Schedules & Reorganization of Training Programs ML20196C9621988-12-0505 December 1988 Advises That 881115 Rev 6 to QA Program Consistent W/ Provisions of 10CFR50,App B & Acceptable.Rev Involves Organization Changes,Including Fire Protection Responsibility Now Assigned to Technical Support Engineer ML20206J4931988-11-18018 November 1988 Forwards Physical Security Insp Rept 50-409/88-09 on 881021-26 & 1101.No Violations Noted ML20206K4961988-11-18018 November 1988 Forwards Temporary Exemption from 10CFR50.54(w)(5)(i) Schedular Requirements of Property Insurance Rule Re Insurance Policies That Prioritize Insurance Proceeds for Stabilization & Decontamination After Accident ML20206B5421988-11-0707 November 1988 Ack Receipt of Transmitting Scope & Objectives for 1988 Emergency Preparedness Exercise Scheduled for 881220.Scope & Objectives Acceptable ML20205P1791988-10-31031 October 1988 Advises That 880908 Rev 3 to Physical Security Plan Consistent W/Provisions of 10CFR50.54(p) & Acceptable ML20154A1521988-08-17017 August 1988 Final Response to FOIA Request for Documents.Forwards Documents Listed in App A.Documents Also Available in Pdr. App B Documents Totally Withheld (Ref FOIA Exemption 5).App C Documents Partially Withheld (Ref FOIA Exemption 5) ML20151T0921988-08-0808 August 1988 Forwards Safety Evaluation Accepting & Approving Util Revised Onsite Emergency Plan to Reflect Current Status of Reactor ML20151R3101988-08-0303 August 1988 Forwards Safety Insp Rept 50-409/88-05 on 880501-0630.No Violations Noted ML20207F8881988-07-27027 July 1988 Forwards Latest Rev of NRC Manual Chapter 0516, Salp. Region III Will Begin Using New Functional Areas Set Forth in Rev for All SALP Rept Periods Which Extend Beyond 880606 Effective Date of Procedure ML20150D7011988-07-0808 July 1988 Forwards Safety Evaluation Supporting Rev 10 to Emergency Plan ML20150D3781988-07-0707 July 1988 Forwards Request for Addl Info Re Proposed Decommissioning Plan & Amend to Tech Specs Per 871221 & 880222 Applications. Response Requested by 880815 ML20150B8211988-06-23023 June 1988 Forwards Draft Rev 5 to ES-601, Administration of NRC Requalification Program Evaluations. W/O Encl 1999-08-13
[Table view] |
See also: IR 05000409/1998002
Text
. _ . . _ . . - . _ . _ . . _ . _ _ _ _ _ _ _ _ _ . _ _ .. _ _.. _ _._ _ . _ . _ _
,
Septeniber 17, 1998 e
l
l l
EA 98-329 ,
Mr. W. L. Berg
,
,
General Manager *
l Dairyland Power Cooperative :
3200 East Avenue S. '
P. O. Box 817
La Crosse, WI 54602-0817
SUBJECT: PREDECISIONAL ENFORCEMENT CONFERENCE SUMMARY (INSPECTION ,
'
(
REPORT NO. 50-409/98002(DRS)) AND EXERCISE OF ENFORCEMENT
DISCRETION ]
t ,
I' Dear Mr. Berg:
- j
This refers to s,n inspection conducted from May 18 through May 22,1998, at the La Crosse l
,
Boiling Water Reactor (LACBWR). Two apparent violations, involving the failure to implement !
l key aspects of the maintenance rule (10 CFR 50.65), were identified during this inspection.
The exit meeting for this inspection was conducted on May 22,1998. The inspection report 1
was issued to Dairyland Power Cooperative (DPC) on June 16,1998. On June 30,1998, at the
request of Region lil, a predecisional enforcement conference was held in the NRC Region 111
office to discuss the apparent violations.
Based on the information developed during the inspection and the information provided by
members of the LACBWR staff during the conference, the NRC has determined that violations
of NRC requirements occurred. At the conference, the LACBWR staff disagreed with some
material facts detailed in the inspection report and contested the apparent violations. Your staff
also disagreed with an assessment in inspection Report No. 50-409/98002(DRS), Section E4.1,
! which concluded the LACBWR staff did not have a clear unde standing of how the maintenance
rule applied to their shutdown facility.
During the conference, the LACBWR staff stated that they met the intent of the maintenance
rule, but hoped to get additional guidance from the NRC. The LACBWR staff's conclusion that
DPC met the maintenance rule was based, in part, on the following: (1) an NRC Safety
Evaluation, dated April 11,1997, stating that the NRC staff concluded that current maintenance
and testing programs were adequate to meet the requirements of the maintenance rule; (2) a ,
review of NRC Inspection Report 50-312/97-01 for Rancho Seco, stating that the licensee's use !
'
- of existing programs (similar to LACBWR) was acceptable to me ut the maintenance rule; (3) the
good operability and reliability of the systems, structures, and cc.mponents (SSCs) associated j
,.
with the storage, control, and maintenance of spent fuel in a safe condition when the )
"
maintenance rule bacame effective; (4) a review of Regulatory Guide 1.160, " Monitoring the i
Effectiveness of Maintenance at Nuclear Power Plants," which affirmed the use of existing
( !
<
L
i
i
9909220061 980917 i
PDR ADOCK 05000409 s
G PM {
l
i:
_ . _ . _ .~
!
-
, ,
!
W. Berg -2-
l
.!
programs for meeting the maintenance rule; (5) a favorable comparison of LACBWR plant l
practices relative to the spent fuel pool concems at other shutdown facilities; (6) a recent NRC l
inspection that concluded SSCs at LACBWR adequately assured the safe wet storage of spent i
fuel and adequately protected the integrity and cooling of the fuel; and (7) attendance at the
April 30,1998 Maintenance Rule Workshop for Decommissioned Plants that, in the LACBWR j
etaff's view, confirmed compliance with the maintenance rule. )
!
In response to some of the issues raised by the LACBWR staff, the following ob'servations can
be made:
i
in August 1996, the NRC issued regulations regarding the decommissioning of )
commercial nuclear reactor plants. This action included, in part, changes to existing j
regulations to clarify the applicability of these regulations to licensees that have i
submitted certifications to permanently cease operations in accordance with 10 CFR '
' 50.82. In particular, this rulemaking also included an amendment to the maintenance
rule to specify the applicability of the maintenance rule to decommissioning facilities. On
April 14,1997, the NRC issued Information Notice 97-18 to inform the industry of the
results of the NRC's maintenance rule baseline inspections. This generic l
communication, along with the April 30,1998 Maintenance Rule Workshop for j
Decommissioned Plants, clearly specified that the maintenance rule, in total, applied to
facilities such as yours.
.
Confusion regarding implementation of the maintenance rule at the La Crosse facility
existed among the NRC staff who processed your April 10,1996 request for license
amendment. This was exhibited in the wording of our Safety Evaluation dated April 11,
1997 supporting the approval of your request for license amendment. In retrospect, we -
acknowledge that the wording within the Safety Evaluation may have misled your staff in
believing that your procedures (prior to April 11,1997) were adequate to meet the
requirernents of the maintenance rule and that this contributed to the apparent
violations.2
= Inspection Report No. 50-312/97-01, which implied that Rancho Seco complied with the
maintenance rule with existing programs, was misleading in that the report documented
the licensee's conclusion regarding maintenance rule compliance, not the NRC's
conclusion. A baseline inspection will be done at Rancho Seco in the future to
determine compliance with the maintenance rule. l
ll
8 Notwithstanding, the NRC Safety Evaluation supported a license amendment for the
removal of a technical specification requirement and it appropriately concluded that the j
proposed action would not result in significant hazards or any other condition that would
preclude the approval of your requested amendment. The NRC is planning a review of all i
!
existing guidance on the maintenance rule at decommissioning plants and will enhance that
guidance as necessary. .
!
, - _ - , , ._ - . _ - , . .
- . . - _ _-- __--- . - - _ - - - - - - - - - - . - - = - - -
-
.
W. Berg -3-
Regarding corrective actions, the LACBWR staff stated that they had not completed any
additional actions. Although they had reviewed every system to determine if it fell within the
scope of the maintenance rule, this effort had not been completed. When the NRC questioned
which SSCs were within the scope of the maintenance rule, the LACBWR staff responded that
the Fuel Element Storage Well and Fuel Handling systems were the only SSCs within scope.
When questioned whether electrical power needed to operate these systems and a source of
makeup for the storage well should be within the scope, the LACBWR staff responded that they
were not included because there would be sufficient time, before these were needed, to provide
altematives to the existing plant equipment. This was not consistent with 10 CFR 50.65(a)(1)
which requires, " . . . all structures, systems, or components associated with the storage,
control, and maintenance of spent fuel in a safe condition . . ." be monitored.
However, I have been authorized, after consultation with the Director, Office of Enforcement,
and the Regional Administrator, to exercise enforcement discretion in accordance with
Section Vll.B.6," Violations involving Special Circumstances," of NUREG 1600," General
Statement of Policy and Procedures for NRC Enforcement Actions (Enforcement Policy)," and
not issue a Notice of Violation in this case. The decision to apply enforcement discretion was
based on consideration of the following: (1) the acknowledged good condition of the licensee's
equipment and maintenance programs such that the safety significance of this issue was
minimal; (2) statements in NRC correspondence that contributed to the licensee's conclusion
that DPC met the maintenance rule; (3) the violation was not classified at a severity level higher
than Severity Level ll; and (4) the violation was noi willful. It should be noted that while the
actual safety significance of this situation is considered minimal, the regulatory significance of
failing to comply with any of the aspects of this regulation is considerable. Based on the above,
the NRC continues to stand by statements in the inspection report, that the plant staff did not
have a clear understanding of how the maintenance rule applied to their shutdown facility.
You are requested to respond to this letter to identify corrective actions you have taken to bring
LACBWR into compliance with the maintenance rule. This response should be provided within
30 days of the date of this letter. Should you have any questions conceming implementation of
the maintenance rule to your facility, you should contact Richard P. Correia (301-415-1009) of
the Quality Assurance, Vendor Inspection, and Maintenance Branch staff in the Office of
Nuclear Reactor Regulation.
I
1
,
_ ._. . _ _ _ _ - _ _ _ . _ - .- _ _ _ _ __ . __
,
W. Berg -4-
In accordance with 10 CFR 2.790 of the NRC's " Rules and Practice," a copy of this letter and its
enclosure will be placed in the NRC Public Document Room (PDR). To the extent possible,
your response should not include any personal privacy, proprietary, or safeguards information
so that it can be placed in the PDR without redaction.
Sincerely,
Original /s/ S. A. Reynolds for
John A. Grobe, Director
Division of Reactor Safety
Docket No.: 50-409
License No.: DPR-45
Enclosure: Predecisional Enforcement Conference
Attendance List
cc w/ encl: Roger Christians, Plant Manager
B. D. Burks, Director, Bureau of Field Operations
J. Mettner, Chairman, Wisconsin Public
Service Commission
Spark Burmaster, Coulee Region Energy Coalition
State Liaison Officer
Chief, Radiation Protection Section
WI Department of Health and
Social Services, Division of Health
See Attached Distribution
DOCUMENT NAME: G:DRS\ LAC 091_.DRS
r c*.... g y moie.wmu m c co m .umm.nu.ncio.o. r cm . m u.ncio.o,. w . , e.
OFFICE Rlli _, lC Rill _ , [ Rill pp G Rill 6
NAME Farber:s&41)\ 4, GavulaTlf) Jorge' hen Black '
7
DATE 09/IL/98 09/n./981 V 09/lW98 09/ /l8
mayummmune nas e ======rr usuu as
OFFICE Rill / 6 RlllN Rill A/ Rlli
NAME ClayJ6n & BersoK Grobe A /
DATE 09fft/98 09// 798 \ 09/17/98 09// /98
$ dFFICIAL RECORD COPY / .
ag,ept
Y4sg re T
I
l
,
W. Berg -5- <
1
!
Distribution:
J. Goldberg, OGC w/enci
J. Lieberman, OE w/ encl
B. Boger, OGC w/enci
Docket File w/ nci # [ ,
1
' PUBLIC IG w/enci ,A D
Rill PRR enci l
S. Weiss, NRR w/ enc! I
'
M. Masnik, NRR w/enct
S. W. Brown, NMSS w/enci ;
J. L. Caldwell, Rlll w/enci ;
C. D. Pederson, Rlli w/enci
R. J. Caniano, Rlli w/enci .
'
Rlli Enf. Coordinator w/encI
TSS w/ encl
IEO (e-mail)
DOCDESK (e-mail)
Green w/o enct
n 1 P, C,70
.-
.. - - . . . - . . . _ - .. .- - - . - . . .
L
i
. , .
.
Pre-Decisional Enforcement Ccnference Attendance List
Dalryland Power Cooperative i
R. Christians, Plant Manager, LACBWR
B. Brimer, Director, Generation Support )
l
B. Wery, Director, Quality Assurance
- M. Johnson, Technical Support Engineer .
I
Nuclear Regulatory Commission 1
!
C. Pederson, Director, Division of Nuclear Materials Safety, Rlll l
l S. Black, Chief, Quality Assurance, Vendor inspection, and Maintenance Branch, NRR l
J. Gavula, Chief, Engineering Specialists Branch 1, Division of Reactor Safety, R!ll l '
B. Jorgensen, Chief, Decommissioning Branch, Rlli
H. Clayton, Enforcement Officer, Enforcement and investigation Coordination Staff, Rill
,
R. Correia, Chief, Maintenance Section, NRR ,
!
P. Harris, Project Manager, Non-Power Reactors and Decommissioning Directorate, NRR
-A. Dunlop, Reactor Engineer, Engineering Specialists Brancl i, Rill l
l M. Farber, Reactor Engineer, Engineering Specialists Branch 1, Rlil j
- - E. Ford, Operatic is Engineer, Maintenance Section, NRR i
T. Simmons, Er ament and Investigation Coordination Staff, Rill
R. Landsman, t ,ineer, Decommissioning Branch, Rlll ,
,
I
L
l
!
'
I
l
l
l
l
4
l