ML18204A144
| ML18204A144 | |
| Person / Time | |
|---|---|
| Site: | Byron  |
| Issue date: | 07/23/2018 |
| From: | Khadijah West NRC/RGN-III |
| To: | Kanavos M Exelon Generation Co |
| Giessner J | |
| References | |
| EA-17-138 IR 2017009, IR 2017009-01 | |
| Download: ML18204A144 (4) | |
See also: IR 05000454/2017009
Text
UNITED STATES
NUCLEAR REGULATORY COMMISSION
REGION III
2443 WARRENVILLE RD. SUITE 210
LISLE, ILLINOIS 60532-4352
July 23, 2018
Mr. Mark Kanavos
Site VP, Byron Generating Station
4450 North German Church Rd
Byron, IL 61010-9794
SUBJECT: WITHDRAWAL OF NON-CITED VIOLATION 05000454/2017009-01;
Dear Mr. Kanavos:
On July 31, 2017, Exelon Generation Company (EGC), LLC, provided a written response to
the U.S. Nuclear Regulatory Commission (NRC) Inspection Report 05000454/2017009;
05000455/2017009 issued on June 29, 2017, concerning an Evaluations of Changes, Tests,
and Experiments Inspection completed at Byron Station, Units 1 and 2. Specifically, the
letter contested Non-Cited Violation (NCV)05000454/2017009-01; 05000455/2017009-01
associated with the failure to perform an evaluation of a change to the facility as described in
the Updated Final Safety Analysis Report (UFSAR) pursuant to Title 10 of the Code of Federal
Regulations (CFR), paragraph 50.59(d)(1). On December 21, 2017, the NRC responded to
your letter contesting the violation (Agency Documents Access and Management System
(ADAMS) Accession No. ML17355A561). In that letter the NRC determined that the violation
was valid, but we articulated that the initially-documented NCV needed additional information to
justify the NCV. On February 8, 2018, in a letter from Exelon to the Director of the Office of
Enforcement, you sought to appeal that decision, and provided additional information. In a letter
to Exelon on April 8, 2018 (ADAMS ML18100A222), the NRC agreed to review the issue as an
initial appeal of Region IIIs December decision based on the change from the original violation
and the new information Exelon provided. This letter provides the decision based on our
review.
The review was conducted by an independent NRC panel, which considered relevant
information on this matter to date. The relevant information considered included: applicable
guidance documents concerning the Surveillance Frequency Control Program (SFCP),
10 CFR 50.59 process, and the licensees commitment management process; all docketed
correspondence on the violation; input from NRC subject matter experts in various offices;
participation in the Category 2 public meeting with the Nuclear Energy Institute (NEI) regarding
the SFCP on March 20, 2018; and interviews with the key NRC and Exelon staff involved in the
assessment of the violation, assessment of the disputed violation, and/or dispute of the
violation.
In September 2000, the NRC endorsed NEI 99-04, Revision 0, Guidelines for Managing NRC
Commitment Changes (Regulatory Information Summary 00-017, Managing Regulatory
Commitments Made by Power Reactor Licensees to the NRC Staff). In November 2000, the
M. Kanavos -2-
NRC endorsed NEI 96-07, Revision 1, Guidelines for 10 CFR 50.59 Evaluations (NRC
Regulatory Guide 1.187). By letter dated September 19, 2007, the NRC found NEI 04-10,
Revision 1, Risk-Informed Technical Specification Initiative 5b, Risk-Informed Method for
Control of Surveillance Frequencies, acceptable for referencing by licensees proposing to
amend their Technical Specifications (TS) to establish a SFCP (ADAMS ML072570267).
By letter dated February 24, 2011, the NRC issued Byron Amendment No. 171 which relocated
specific surveillance frequencies in Byrons TS to a licensee-controlled program (i.e., the
SFCP). For these relocated surveillance frequencies, the TS were revised to state that the
surveillance will be performed in accordance with the surveillance frequency control program.
As part of this amendment, Section 5.5.19, Surveillance Frequency Control Program, was
added to the TS, which requires changes to the relocated surveillance frequencies to be made
in accordance with NEI 04-10, Revision 1.
As part of Byron Amendment No. 171, specific surveillance frequencies associated with the
testing of emergency diesel generators (EDGs) were relocated to the SFCP. In February 2014,
Byron used their NRC-approved SFCP, including the NEI 04-10 guidance, to evaluate and
control a frequency change for performance of an EDG and integrated safeguards loss of offsite
power/engineered safety features surveillance test from 18 months to 18 months on a
staggered test basis.
In assessing the new information provided for the disputed violation, the NRC independent
review panel noted one main point of disagreement between the NRC and Exelon. Specifically,
the main issue occurs in Step 2 of the NEI 04-10 process in assessing whether the frequency
change represents a change in a regulatory commitment. In particular, Byron Updated Final
Safety Analysis Report (UFSAR) Appendix A, Application of NRC Regulatory Guides,
originally stated that Byron complied with Institute of Electrical and Electronics Engineers
Standard 387-1984, IEEE Standard Criteria for Diesel Generator Units Applied as Standby
Power Supplies for Nuclear Power Generating Stations, and supplemental regulatory positions
in Regulatory Guide 1.9, Application and Testing of Safety-Related Diesel Generators in
Nuclear Power Plants, Revision 3, which require licensees to perform the EDG surveillances
during every refueling outage. To resolve this apparent point of confusion, the review panel
stepped through the NEI 04-10 process and the related NRC-endorsed industry guidance
documents (NEI 99-04 and NEI 96-07).
In NEI 04-10 Step 2, a check is made to determine if the applicable regulatory commitments to
the NRC can be changed. Evaluating changes to regulatory commitments is a separate activity
based on a method acceptable to the NRC for managing and changing regulatory commitments
(e.g., NEI 99-04). NEI 99-04 Section 3.1, Definitions, defines a regulatory commitment as an
explicit statement to take a specific action agreed to, or volunteered by, a licensee and
submitted in writing on the docket to the NRC. A regulatory commitment is an intentional
undertaking by a licensee to (1) restore compliance with regulatory requirements, or
(2) complete a specific action to address an NRC issue or concern (e.g., generic letter, bulletin,
order, etc.). The panel determined through review of NRR Office Instructions that Byrons
UFSAR Appendix A is part of a mandated licensing bases document and not a set of regulatory
commitments. In addition, the use of the SFCP to change surveillance frequencies was
previously reviewed and approved by the NRC staff with Byron Amendment No. 171. Thus,
there was no associated regulatory commitment to change under NEI 04-10 Step 2, and it was
appropriate for the licensee to continue to step through the NEI 04-10 process to evaluate an
EDG surveillance frequency change. The review panel noted that the licensee was addressing
the associated EDG surveillance frequency change through an NRC approved change-control
process (SFCP) specifically intended for that purpose.
M. Kanavos -3-
Following satisfactory completion of the SFCP evaluation process to approve the EDG
surveillance frequency change, Exelon performed a 10 CFR 50.59 screening using its internal
guidance. Specifically, in February 2014, Exelons 50.59 screening (No. 6E-14-017)
determined that a 10 CFR 50.59 evaluation was not required. The review panel did not identify
any regulatory obligations, additional mandated licensing bases documents, commitments,
and/or UFSAR wording changes evaluated under this 10 CFR 50.59 screening that was not
covered by the SFCP process. The review panel determined that a 10 CFR 50.59 evaluation
was not required, because the NRC staff had previously granted the licensee authority, through
Byron Amendment No. 171, to change the specific EDG surveillance frequencies in accordance
with the SFCP.
Based on the independent panels thorough review of the issue, the NRC has concluded that
the 50.59 violation as written cannot be supported. Therefore, the NCV is hereby withdrawn,
and we will modify our records accordingly.
This letter will be made available electronically for public inspection and copying from ADAMS
available at http://www.nrc.gov/reading-rm/adams.html and in the NRC Public Document Room
in accordance with 10 CFR 2.390, Public Inspections, Exemptions, Requests for Withholding.
If you have any questions regarding this matter, please contact Mr. John Giessner at
(630) 829-9800.
Sincerely,
/RA/
K. Steven West
Regional Administrator
Docket Nos. 50-454; 50-455
cc: Distribution via LISTSERV
M. Kanavos -4-
Letter to M. Kanavos from K. Steven West dated July 23, 2018
SUBJECT: WITHDRAWAL OF NON-CITED VIOLATION 05000454/2017009-01;
DISTRIBUTION:
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RidsNrrPMByron Resource
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DRPIII
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ADAMS Accession Number ML18204A144
OFC RIII-ORA RI RIII-DNMS NRR OE OGC RIII/EICS RIII/ORA
NAME JHeck:jc JSchoppy JGiessner BHolian1 ABoland2 MZobler3 RSkokowski KSWest
KJL for
DATE 05/14/18 5/14/18 05/16/18 7/13/18 7/17/18 7/13/18 07/19/18 7/23/18
OFFICIAL RECORD COPY
1
NRR concurrence provided via e-mail from M. Miller on July 13, 2018
2
OE concurrence provided via e-mail from M. Marshfield on July 17, 2018
3
OGC NLO provided via email from Sara Kirkwood on July 13, 2018