IR 05000334/1996010

Discusses Insp Repts 50-334/96-10 & 50-412/96-10 Issued on 970221 & NOV Re Failure to Have in Place Either Criticality Monitoring Sys for Storage & Handling of New Fuel or NRC Approved Exemption to Requirement.Nov Withdrawn

ML20203E970
Person / Time
Site:	Beaver Valley
Issue date:	02/20/1998
From:	Hehl C NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:	Cross J DUQUESNE LIGHT CO.
References
EA-97-499, NUDOCS 9802270167
Download: ML20203E970 (3)

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EA 97-499 February 20,1998 Mr. J. President Generation Group Duquesne Light Company Post Office Box 4 Shippingport, Pennsylvania 15077 SUBJECT: EXERCISE OF ENFORCEMENT DISCRETlON (NRC Integrated Inspection Report Nos. 50-334/96-10 and 50-412/96-1C)

Dear Mr. Cross:

This refers to the inspection at Beaver Valley Power Station (BVPS) described in the subject inspection Repart issued on February 21,1997. As a result of that inspection, a Notice of Violation was issued for your f ailure to meet the requirements of 10 CFR 70.24, Criticality Accident Requirements for BVPS Unit 1. The violation was for failure to have in place either a criticality monitoring system for storage and handling of new (non-irradiated)

fuel or an NRC approved exemption to the requirement.

10 CFR 70.24 requires that each lisses authorized to possess more than a small amount of special nuclear material (SNM) maintain in each area in which such materialis handled, used, or stored a criticality monitoring system whic*. will energize clearly audible alarm signals if accidental criticality occurs. The purpose of 10 CFR 70.24 is to ensure that, if a criticality were to occur during the handling of SNM, personnel would ue alerted to that fact and would take appropriate action.

Most nuclear power plant licensess were granted exemptions from 10 CFR 70.2 4 during the construction of their plants as part of the Part 70 license issued to permit the receipt c,r the initial core. Generally, these exemptions were not explicitly renewed when the Part 50 operating license was issued, wh!ch contained the combined Part 50 and Part 70 authority.

In August 1981, the Tennessee Valley Authority (TVA), in the course of reviewing the operating licenses for its Browns Ferry facilities, noted that the e temption to 10 CFR 70.24 that had been granted during the construction phase had not been explicitly granted in the operating license. By letters dated August 11,1981, and August 31,1987, TVA requested an exemption from 10 CFR 70.24. On May 11,1988, NRC informed TVA that

"the pieviously issued exemptions are still in effect cven though the spec!fic provisions of the Part 70 licenses were not incorperated into the Part 50 license." Notwithstanding the correspondence with TVA, the NRC hn determined that, in cases where a licensee received the exemption as part of the Part 7G .icensee issued during the construction phase, ooth the Part 70 and Part 50 licenses should be aamined to detcrmine the status of the exemption. The NRC view now is that unless a licensee's licensing basis specifies otherwise, an exemption expiree with the expiration of the Part 70 license. The NRC intends to amend 10 CFR 70.24 to provide for administrative controls in lieu of criticality t f

monitors. \ O

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9802270167 980220 PDR ADOCK 05000334 . ,

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Mr. I Thus, as described in the inspe.: tion report, yoc. fecility was in violation of 10 CFR 70.24. ,

Numerous other facilities have similar circumstances. The NRC has reconsidered thir

violation and concluded based on the information discussed above that, a though a

! violation did exist, it is appropriate to exercise enforcement discretion for Violations '

d-Involving Special Circumstances in accordance with Section Vil B 6 of the " General

Statement of Policy and Procedures for NRC Enforcement Actions" (Enforcement Policy), __

NUREG 1600. The bases for ersrcising this discretion tre th6 lack of safety significance of

the failure to meet 10 CFR 70.24;the failure of the NRC staff to recognize tFe need for an exemption during the licensing process; the prior NRC nosition on this mt.'.:er documented i in its letter of May 11,1988, to TVA concerning the lack of a nesd for an exemption for

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the Browns Ferry plant; and finally, the NRC's intention to amend 10 CFR 70.24 through *

rulemaking to provide for administrative controls in lieu of criticality monitors.

?- Therefore, I have been authorized after consultation with the Director, Office of '

F.nforcement to exercise enforcement d'scretion and withdraw the Notice of Violation.

! _ No tasponse to this letter is required. In accordance with 10 CFR 2.790 of the NRC's

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"Rults of Practice," a copy of this letter will be placed in the NRC Public Document Room

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Sincerely,

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Charles W. Hchi, Director Division of Reactor Projects f

Docket Nos. 50-334;50-412 License Nos. DPR-66, NPF-73 l

4- cc w/ encl:

Sushil C. Jain, Vice President, Nuclear Se_rvices L R.- LeGrand, Division Vice President, Nuclear Operations Group & Plant Manager i W. Kline,.Managcr, Nuclear Engineering Department B. Tuite, General Manager, Nuclear Operations Unit

= M. Pergar, Acting Manager, Quality Services Unit -

- J. Ariasi Director, Safety & Licensing Department -

J. MacDonald, Manager, System hnd Performance Engineering -

M, Clancy, Mayor Commonwalth of Pennsylvania-State of Ohio State of West Virginia

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Distribution w/enci:

Region I Docket Room (with concurrences)

PUBLIC Nuc9 ar Sal ty Information Center (NSIC)

NRC F<esidei t inspector l H. Miller, RA/W. Axelson, DRA (irs) -  !

- N. Perry, DRP D. Haverkamp, DRP A. Linde, DRP M. Oprendek, DRP B. Fewell, ORA Distribution w/enci (VIA E MAIL):

J. Stolz, PDl 2, NRR D. Brinkman, PM, PDI 2, NRR B. McCabe, OEDO R. Correia, NRR F. Talbot, NRR DOCDESK inspection Program Branch, NRR (IPAS)

J. Lieberma . OE D. Holody,0%

T. Walkc . Q.. cil

DOCUMENT NAME: G:\ BRANCH 7\ENF97499.BV To receive a copy of this document. Indicate in the box: "C" = Copy without attachment / enclosure "E" = Copy with attachment / enclosure "N" = No

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0FFICE RI/DRf> Ld Rl/DRP) I / I I I I NAME NPrcry SW~ CHehM/#

DATE 02/20/98~ ~ 02hp /98 02/ /98 02/ /98 02/ /98 0FFICIAL RECORD COPY i;