IR 05000219/2004009

EA-04-213, Oyster Creek Generating Station, Final Significance Determination for a White Finding and Notice of Violation (NRC Inspection Report (05000219/2004009)

ML050610163
Person / Time
Site:	Oyster Creek
Issue date:	03/01/2005
From:	Collins S Region 1 Administrator
To:	Crane C AmerGen Energy Co
References
EA-04-213, IR-04-009 EA-04-213
Download: ML050610163 (6)

Text

rch 1, 2005

SUBJECT:

FINAL SIGNIFICANCE DETERMINATION FOR A WHITE FINDING AND NOTICE OF VIOLATION (NRC Inspection Report 05000219/2004009)

Oyster Creek Generating Station

Dear Mr. Crane:

The purpose of this letter is to provide you with the final results of our significance determination for the preliminary White finding identified at the Oyster Creek Generating Station during an inspection completed on November 29, 2004. The results of the inspection were discussed with Mr. C. N. Swenson, Site Vice President, and other members on your staff during exit meetings on August 26 and November 29, 2004. The inspection finding was assessed using the significance determination process and was preliminarily characterized as White, a finding with low to moderate importance to safety that may require additional NRC inspections.

The basis for this preliminary White finding was explained in our letter dated January 11, 2005, which transmitted the subject inspection report.

This preliminary White finding involved untimely actions to change an Emergency Action Level (EAL) threshold value used to declare a General Emergency (GE) or a Site Area Emergency (SAE). Specifically, when an end-of-cycle rod pattern adjustment was made in the reactor core, required changes were made to emergency operating procedures (EOPs) without changing an incorrect threshold value in the Fission Product Barrier Matrix EAL. As a result, during an emergency, Oyster Creek personnel would have had to rely upon operator recognition of this inconsistency between the EOPs and the EAL, which may have delayed proper classification of an emergency. This resulted in a degradation to an emergency preparedness risk significant planning standard, namely, the requirement to maintain an emergency classification and action level scheme. In addition, your configuration change process was not properly implemented to ensure that the Fission Product Barrier Matrix EAL and other supporting emergency procedures were revised.

In our letter dated January 11, 2005, the NRC provided you an opportunity to either request a Regulatory Conference to discuss this finding, or to explain your position in a written response.

In a telephone call with Mr. R. Conte of my staff on January 19, 2005, Mr. C. N. Swenson of your staff indicated that AmerGen declined a Regulatory Conference, but would be providing a written response. The written response, dated January 27, 2005, stated that AmerGen did not contest the preliminary White finding.

Mr. C. After considering the information developed during the inspection and the information provided in your letter, the NRC has concluded that the inspection finding is appropriately characterized as White, an issue with low to moderate increased importance to safety that may require additional inspections. The issue is White, as noted previously, because an emergency preparedness risk significant planning standard, namely, the requirement to maintain an emergency classification and action level scheme, was degraded.

You have 30 calendar days from the date of this letter to appeal the staffs determination of significance for the identified White finding. Such appeals will be considered to have merit only if they meet the criteria given in NRC Inspection Manual Chapter 0609, Attachment 2.

The NRC has also determined that not maintaining an emergency classification and action level scheme is a violation of 10 CFR 50.47(b)(4), and not properly implementing your configuration change process is a violation of Technical Specification 6.8 as cited in the enclosed Notice of Violation (Notice). The circumstances surrounding the violations are described in detail in the subject inspection report. In accordance with the NRC Enforcement Policy, NUREG-1600, this Notice of Violation is considered escalated enforcement action because it is associated with a White finding. You are required to respond to this letter and should follow the instructions specified in the enclosed Notice when preparing your response.

In your response dated January 27, 2005, although you did not contest the significance of the finding, you did request clarification of certain statements made in the above referenced inspection report. You contended that Oyster Creek self-identified this problem and immediately lowered reactor power so that the plant condition was consistent with the Fission Product Barrier Matrix EAL. Additionally, you stated that this problem would not have affected an SAE declaration because another threshold value in the Fission Product Barrier Matrix EAL would be reached first, prompting an SAE declaration. We agree that you self-identified and corrected this problem, and agree that the declaration of an SAE would not have been affected.

Because plant performance for this issue has been determined to be in the regulatory response band, we will use the NRC Action Matrix to determine the most appropriate NRC response for this event. We will notify you by separate correspondence of that determination.

In accordance with 10 CFR 2.390 of the NRCs Rules of Practice, a copy of this letter, its enclosure and your response will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records (PARS) component of the NRCs Agencywide Documents Access and Management System (ADAMS). ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room).

Sincerely,

/RA/

Samuel J. Collins Regional Administrator Docket No. 50-219 License No. DPR-16 Enclosure: Notice of Violation

Mr.