IR 05000454/2017009: Difference between revisions

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{{Adams
{{Adams
| number = ML17355A561
| number = ML17300B053
| issue date = 12/21/2017
| issue date = 10/26/2017
| title = Ltr. 12/21/17 Response to Disputed Non-Cited Violation Documented in Byron Station, Units 1 and 2 - Evaluations of Changes, Tests, and Experiments Baseline Inspection Report 05000454/2017009; 05000455/2017009 (DRS-N.Feliz-Adorno)
| title = Follow-Up to Disputed Violation of NRC Inspection Report 05000454/2017009; 05000455/2017009 (DRS-D.Szwarc)
| author name = O'Brien K G
| author name = Daley R
| author affiliation = NRC/RGN-III/ORA
| author affiliation = NRC/RGN-III/DRS/EB3
| addressee name = Hanson B C
| addressee name = Hanson B
| addressee affiliation = Exelon Generation Co, LLC, Exelon Nuclear
| addressee affiliation = Exelon Generation Co, LLC, Exelon Nuclear
| docket = 05000454, 05000455
| docket = 05000454, 05000455
Line 12: Line 12:
| case reference number = EA-17-138
| case reference number = EA-17-138
| document report number = IR 2017009
| document report number = IR 2017009
| document type = Letter, Report, Miscellaneous
| document type = Letter
| page count = 13
| page count = 2
}}
}}


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=Text=
=Text=
{{#Wiki_filter:
{{#Wiki_filter:October 26, 2017
[[Issue date::December 21, 2017]]


EA-17-138 Mr. Bryan Senior VP, Exelon Generation Company, LLC President and CNO, Exelon Nuclear 4300 Winfield Road Warrenville, IL 60555
==SUBJECT:==
BYRON STATION FOLLOW-UP TO DISPUTED VIOLATION OF NRC INSPECTION REPORT 05000454/2017009; 05000455/2017009


SUBJECT: RESPONSE TO DISPUTED NON-CITED VIOLATION DOCUMENTED IN BYRON STATION, UNITS 1 AND 2EVALUATIONS OF CHANGES, TESTS, AND EXPERIMENTS BASELINE INSPECTION REPORT 05000454/2017009; 05000455/2017009
==Dear Mr. Hanson:==
This is a follow-up letter to the U.S. Nuclear Regulatory Commission (NRC) acknowledgement of disputed violation of NRC Inspection Report 05000454/2017009; 05000455/2017009.
 
Specifically, on August 28, 2017, the NRC acknowledged your letter sent to the NRC, dated July 31, 2017, that contested a Non-Cited Violation documented in our inspection report issued on June 29, 2017. The contested Non-Cited Violation is Failure to Perform 10 CFR 50.59 Evaluation for Updated Final Safety Analysis Report Change.
 
The NRC seeks to provide a thorough response to disputed violations within 90 days of receipt of a licensees points of contention, as described in Section 2.2.7 of the NRC Enforcement Manual, Part I. However, the NRC review of this disputed violation is expected to take longer than 90 days because of ongoing activities related to the subject of this disputed violation. We will inform you as soon as we complete our evaluation.
 
This letter will be made available for public inspection and copying at http://www.nrc.gov/reading-rm/adams.html and at the NRC Public Document Room in accordance with 10 CFR 2.390, Public Inspections, Exemptions, Requests for Withholding.
 
Sincerely,
/RA/
 
Robert C. Daley, Chief Engineering Branch 3 Division of Reactor Safety Docket Nos. 50-454; 50-455 License Nos. NPF-37; NPF-66 cc: Distribution via LISTSERV
 
Letter to Bryan from Robert C. Daley dated October 26, 2017 SUBJECT: BYRON STATION FOLLOW-UP TO DISPUTED VIOLATION OF NRC INSPECTION REPORT 05000454/2017009; 05000455/2017009 DISTRIBUTION:
Theresa Clark RidsNrrDorlLpl3 RidsNrrPMByron Resource RidsNrrDirsIrib Resource Cynthia Pederson Kenneth OBrien Richard Skokowski Allan Barker Carole Ariano Linda Linn DRPIII DRSIII
 
ADAMS Accession Number ML17300B053 OFFICE RIII
 
RIII
 
RIII


==Dear Mr. Hanson:==
RIII
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), Part 50.59(d)(1). The letter explained that EGC concluded that a 10 CFR 50.59(d)(1) evaluation was not required because the UFSAR change satisfied the 10 CFR 50.59(c)(4) exemption. The NRC carefully reviewed reply and determined that the original enforcement decision to disposition this issue as a violation of 10 CFR 50.59(d)(1) was valid. Specifically, the NRC-approved Surveillance Frequency Control Program recognizes 10 CFR 50.59 to be the governing change control process for any proposed change to UFSAR commitments associated with codes and standards. This handling of changes to UFSAR commitments is deliberately distinct and separate from the Surveillance Frequency Control Program in order to maintain sufficient safety margin by ensuring the proposed surveillance test frequency change is not in conflict with approved industry codes and standards. In addition, the NRC staff noted that the paragraph of the Enforcement Section of NCV 05000454/2017009-01; 05000455/2017009-01 included an explanatory statement that was open to interpretation. Based on a review of licensee documents associated with the disputed NCV, the NRC staff determined that the intended message of the explanatory statement was consistent with the NRC staff conclusions derived during this review of the disputed NCV. The basis for the NRC staff conclusion is enclosed. This letter, its enclosure, , and your response (if any) will be made available for public inspection and copying at http://www.nrc.gov/reading-rm/adams.html and at the NRC Public Document Room in accordance with 10 CFR Exemptions, Requests
 
NAME DSzwarc:cl RDaley RSkokowski


Sincerely,/RA/ Kenneth G. Deputy Regional Administrator Docket Nos. 50454; 50455 License Nos. NPF37; NPF66
DATE 10/825/17 10/26/17 10/25/17


===Enclosure:===
OFFICIAL RECORD COPY
NRC Staff Assessment of Disputed NCV 05000454/2017009-01; NCV 05000455/2017009-01 cc: Distribution via LISTSERV
}}
}}

Latest revision as of 03:12, 8 January 2025

Follow-Up to Disputed Violation of NRC Inspection Report 05000454/2017009; 05000455/2017009 (DRS-D.Szwarc)
ML17300B053
Person / Time
Site: Byron  Constellation icon.png
Issue date: 10/26/2017
From: Robert Daley
Engineering Branch 3
To: Bryan Hanson
Exelon Generation Co, Exelon Nuclear
References
EA-17-138 IR 2017009
Preceding documents:
Download: ML17300B053 (2)


Text

October 26, 2017

SUBJECT:

BYRON STATION FOLLOW-UP TO DISPUTED VIOLATION OF NRC INSPECTION REPORT 05000454/2017009; 05000455/2017009

Dear Mr. Hanson:

This is a follow-up letter to the U.S. Nuclear Regulatory Commission (NRC) acknowledgement of disputed violation of NRC Inspection Report 05000454/2017009; 05000455/2017009.

Specifically, on August 28, 2017, the NRC acknowledged your letter sent to the NRC, dated July 31, 2017, that contested a Non-Cited Violation documented in our inspection report issued on June 29, 2017. The contested Non-Cited Violation is Failure to Perform 10 CFR 50.59 Evaluation for Updated Final Safety Analysis Report Change.

The NRC seeks to provide a thorough response to disputed violations within 90 days of receipt of a licensees points of contention, as described in Section 2.2.7 of the NRC Enforcement Manual, Part I. However, the NRC review of this disputed violation is expected to take longer than 90 days because of ongoing activities related to the subject of this disputed violation. We will inform you as soon as we complete our evaluation.

This letter will be made available for public inspection and copying at http://www.nrc.gov/reading-rm/adams.html and at the NRC Public Document Room in accordance with 10 CFR 2.390, Public Inspections, Exemptions, Requests for Withholding.

Sincerely,

/RA/

Robert C. Daley, Chief Engineering Branch 3 Division of Reactor Safety Docket Nos. 50-454; 50-455 License Nos. NPF-37; NPF-66 cc: Distribution via LISTSERV

Letter to Bryan from Robert C. Daley dated October 26, 2017 SUBJECT: BYRON STATION FOLLOW-UP TO DISPUTED VIOLATION OF NRC INSPECTION REPORT 05000454/2017009; 05000455/2017009 DISTRIBUTION:

Theresa Clark RidsNrrDorlLpl3 RidsNrrPMByron Resource RidsNrrDirsIrib Resource Cynthia Pederson Kenneth OBrien Richard Skokowski Allan Barker Carole Ariano Linda Linn DRPIII DRSIII

ADAMS Accession Number ML17300B053 OFFICE RIII

RIII

RIII

RIII

NAME DSzwarc:cl RDaley RSkokowski

DATE 10/825/17 10/26/17 10/25/17

OFFICIAL RECORD COPY