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| {{Adams | | {{Adams |
| | number = ML18204A144 | | | number = ML17300B053 |
| | issue date = 07/23/2018 | | | issue date = 10/26/2017 |
| | title = Withdrawal of Non-Cited Violation 05000454/2017009-01; 05000455/2017009-01 | | | title = Follow-Up to Disputed Violation of NRC Inspection Report 05000454/2017009; 05000455/2017009 (DRS-D.Szwarc) |
| | author name = West K S | | | author name = Daley R |
| | author affiliation = NRC/RGN-III | | | author affiliation = NRC/RGN-III/DRS/EB3 |
| | addressee name = Kanavos M E | | | addressee name = Hanson B |
| | addressee affiliation = Exelon Generation Co, LLC | | | addressee affiliation = Exelon Generation Co, LLC, Exelon Nuclear |
| | docket = 05000454, 05000455 | | | docket = 05000454, 05000455 |
| | license number = NPF-037, NPF-066 | | | license number = NPF-037, NPF-066 |
| | contact person = Giessner J B | | | contact person = |
| | case reference number = EA-17-138 | | | case reference number = EA-17-138 |
| | document report number = IR 2017009, IR 2017009-01 | | | document report number = IR 2017009 |
| | document type = Letter | | | document type = Letter |
| | page count = 4 | | | page count = 2 |
| }} | | }} |
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| =Text= | | =Text= |
| {{#Wiki_filter:UNITED STATES NUCLEAR REGULATORY COMMISSION REGION III 2443 WARRENVILLE RD. SUITE 210 LISLE, ILLINOIS 60532-4352 July 23, 2018 | | {{#Wiki_filter:October 26, 2017 |
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| EA-17-138
| | ==SUBJECT:== |
| | BYRON STATION FOLLOW-UP TO DISPUTED VIOLATION OF NRC INSPECTION REPORT 05000454/2017009; 05000455/2017009 |
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| Mr. Mark Kanavos Site VP, Byron Generating Station 4450 North German Church Rd | | ==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. |
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| Byron, IL 61010-9794
| | 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. |
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| SUBJECT: WITHDRAWAL OF NON-CITED VIOLATION 05000454/2017009-01; 05000455/2017009-01
| | 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. |
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| ==Dear Mr. Kanavos:==
| | 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. |
| 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 (Agenc y 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 III's 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.
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| 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),
| | Sincerely, |
| 10 CFR 50.59 process, and the licensee's 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.
| | /RA/ |
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| 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 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).
| | 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 |
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| By letter dated February 24, 2011, the NRC issued Byron Amendment No. 171 which relocated specific surveillance frequencies in Byron's 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.
| | 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 |
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| 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."
| | ADAMS Accession Number ML17300B053 OFFICE RIII |
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| 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,"
| | RIII |
| 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
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| documents (NEI 99-04 and NEI 96-07).
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| 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 Byron's 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. 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, Exelon's 50.59 screening (No. 6E-14-017)
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| 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 prev iously granted the licensee authority, through Byron Amendment No. 171, to change the specific EDG surveillance frequencies in accordance with the SFCP.
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| Based on the independent panel's 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.
| | NAME DSzwarc:cl RDaley RSkokowski |
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| 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."
| | DATE 10/825/17 10/26/17 10/25/17 |
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| If you have any questions regarding this matter, please contact Mr. John Giessner at
| | OFFICIAL RECORD COPY |
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| (630) 829-9800.
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| Sincerely,/RA/ K. Steven West Regional Administrator Docket Nos. 50-454; 50-455
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| License Nos. NPF-37; NPF-66
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| cc: Distribution via LISTSERV Letter to from K. Steven West dated July 23, 2018
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| SUBJECT: WITHDRAWAL OF NON-CITED VIOLATION 05000454/2017009-01; 05000455/2017009-01
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| DISTRIBUTION: Jeremy Bowen Juan Peralta
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| RidsNrrDorlLpl3 RidsNrrPMByron Resource RidsNrrDirsIrib Resource
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| Steven West
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| Darrell Roberts Jack Giessner
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| Richard Skokowski Allan Barker DRPIII DRSIII ADAMS Accession Number ML18204A144 OFC RIII-ORA RI RIII-DNMS NRR OE OGC RIII/EICS RIII/ORA NAME JHeck:jc JSchoppy JGiessner BHolian 1 ABoland 2 MZobler 3 RSkokowski KJL for KSWest 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
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| 1 NRR concurrence provided via e-ma il 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
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| }} | | }} |
Similar Documents at Byron |
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Inspection Report - Byron - 2017009 |
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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
