IR 05000454/2017009: Difference between revisions

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{{Adams
{{Adams
| number = ML17180A534
| number = ML18204A144
| issue date = 06/29/2017
| issue date = 07/23/2018
| title = Byron Station, Units 1 and 2 - Evaluations of Changes, Tests, and Experiments Baseline Inspection Report 05000454/2017009; 05000455/2017009
| title = Withdrawal of Non-Cited Violation 05000454/2017009-01; 05000455/2017009-01
| author name = Daley R C
| author name = West K S
| author affiliation = NRC/RGN-III/DRS/EB3
| author affiliation = NRC/RGN-III
| addressee name = Hanson B C
| addressee name = Kanavos M E
| addressee affiliation = Exelon Generation Co, LLC, Exelon Nuclear
| addressee affiliation = Exelon Generation Co, LLC
| docket = 05000454, 05000455
| docket = 05000454, 05000455
| license number =  
| license number = NPF-037, NPF-066
| contact person =  
| contact person = Giessner J B
| document report number = IR 2017009
| case reference number = EA-17-138
| document report number = IR 2017009, IR 2017009-01
| document type = Letter
| document type = Letter
| page count = 16
| page count = 4
}}
}}


Line 18: Line 19:


=Text=
=Text=
{{#Wiki_filter:UNITED STATES NUCLEAR REGULATORY COMMISSION REGION III 2443 WARRENVILLE RD. SUITE 210 LISLE, IL 60532-4352 June 29, 2017 Mr. Bryan Senior VP, Exelon Generation Company, LLC President and CNO, Exelon Nuclear 4300 Winfield Road
{{#Wiki_filter:UNITED STATES NUCLEAR REGULATORY COMMISSION REGION III 2443 WARRENVILLE RD. SUITE 210 LISLE, ILLINOIS 60532-4352 July 23, 2018


Warrenville, IL 60555
EA-17-138


SUBJECT: BYRON STATION, UNITS 1 AND 2-EVALUATIONS OF CHANGES, TESTS, AND EXPERIMENTS BASELINE INSPECTION REPORT 05000454/2017009; 05000455/2017009
Mr. Mark Kanavos Site VP, Byron Generating Station 4450 North German Church Rd


==Dear Mr. Hanson:==
Byron, IL 61010-9794
On May 19, 2017, the U.S. Nuclear Regulatory Commission (NRC) completed an Evaluations of Changes, Tests, and Experiments inspection at your Byron Station. The enclosed inspection report documents the inspection results which were discussed on June 1, 2017, with Mr. T. Chalmers and other members of your staff. The inspection examined activities conducted under your license as they relate to safety and compliance with the Commission's rules and regulations and with the conditions of your license.


The inspectors reviewed selected procedures and records, observed activities, and interviewed personnel.
SUBJECT: WITHDRAWAL OF NON-CITED VIOLATION 05000454/2017009-01; 05000455/2017009-01


NRC inspectors documented one traditional enforcement Severity Level IV violation in this report. This traditional enforcement violation was identified with an associated finding. However, because the issue was a Severity Level IV violation and was entered into your corrective action program, the NRC is treating the issue as a Non-Cited Violation in accordance with Section 2.3.2 of the NRC Enforcement Policy. If you contest the violation or significance of the Non-Cited Violation, you should provide a response within 30 days of the date of this inspection report, with the basis for your denial, to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555 0001; with copies to the Regional Administrator, Region III; the Director, Office of Enforcement; and the NRC resident inspector at the Byron Station. 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 2.390, "Public Inspections, Exemptions, Requests for Withholding."
==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 (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.


Sincerely,/RA/
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),
Robert C. Daley, Chief Engineering Branch 3 Division of Reactor Safety Docket Nos. 50-454; 50-455 License Nos. NPF-37; NPF-66
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.


===Enclosure:===
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).
IR 05000454/2017009; 05000455/2017009 cc: Distribution via LISTSERV


=SUMMARY=
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.
Inspection Report 05000454/2017009, 05000455/2017009; 05/15/2017 - 06/01/2017; Byron Station, Units 1 and 2; Evaluations of Changes, Tests, and Experiments. This report covers a one-week announced Evaluations of Changes, Tests, and Experiments baseline inspection. The inspection was conducted by Region III based engineering inspectors.


One violation was identified by the inspectors. The violation, and its associated finding, was considered a Non-Cited Violation of U.S. Nuclear Regulatory Commission (NRC) regulations.
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."


The significance of most findings is indicated by their color (i.e. greater than Green, or Green, White, Yellow, Red) using Inspection Manual Chapter 0609, "Significance Determination Process". Findings for which the Significance Determination Process does not apply may be Green or be assigned a severity level after NRC management review. All violations of NRC requirements are dispositioned in accordance with the NRC's Enforcement Policy dated November 1, 2016. The NRC's program for overseeing the safe operation of commercial nuclear power reactors is described in NUREG-1649, "Reactor Oversight Process," Revision 6, dated July 2016.
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


===Cornerstone: Mitigating Systems Severity Level IV.===
documents (NEI 99-04 and NEI 96-07).
The inspectors identified a Severity Level IV, Non-Cited Violation of 10 CFR 50.59, "Changes, Tests, and Experiments," Section(d)(1) and an associated finding of very low safety significance (Green) for the licensee's failure to provide a written evaluation which provided the basis for the determination that a change did not require a license amendment. Specifically, the licensee failed to provide a basis for why a change to the surveillance frequencies of emergency diesel generators described in the Updated Final Safety Analysis Report did not require prior NRC approval. The inspectors determined that the performance deficiency was more than minor because the inspectors could not reasonably determine that the changes would not have ultimately required NRC prior approval. The associated finding screened to Green (very low safety significance) because it did not result in the loss of operability or functionality. The diesel generators passed their most recent surveillances. As a result the violation is categorized as Severity Level IV in accordance with section 6.1.d of the NRC Enforcement Policy. The issue did not have a cross-cutting aspect because it was not reflective of current performance. (Section 1R17.1b)3


=REPORT DETAILS=
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)
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.


==REACTOR SAFETY==
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.


===Cornerstone:===
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."
Initiating Events, Mitigating Systems, and Barrier Integrity
{{a|1R17}}
==1R17 Evaluations of Changes, Tests, and Experiments==
{{IP sample|IP=IP 71111.17T}}
===.1 Evaluation of Changes, Tests, and Experiments===


====a. Inspection Scope====
If you have any questions regarding this matter, please contact Mr. John Giessner at
The inspectors reviewed evaluations performed pursuant to Title 10, Code of Federal Regulations (CFR), Part 50, Section 59 to determine if the evaluations were adequate and that prior U.S. Nuclear Regulatory Commission (NRC) approval was obtained as appropriate. The inspectors also reviewed screenings and applicability determinations where licensee personnel had determined that a 10 CFR 50.59 evaluation was not necessary. The inspectors reviewed these documents to determine if:
* the changes, tests, and experiments performed were evaluated in accordance with 10 CFR 50.59 and that sufficient documentation existed to confirm that a license amendment was not required;
* the safety issue requiring the change, tests or experiment was resolved;
* the licensee conclusions for evaluations of changes, tests, and experiments were correct and consistent with 10 CFR 50.59; and
* the design and licensing basis documentation was updated to reflect the change. The inspectors used, in part, Nuclear Energy Institute (NEI) 96-07, "Guidelines for 10 CFR 50.59 Implementation," Revision 1, to determine acceptability of the completed evaluations and screenings. The NEI document was endorsed by the NRC in Regulatory Guide 1.187, "Guidance for Implementation of 10 CFR 50.59, Changes, Tests, and Experiments," dated November 2000. The inspectors also consulted Part 9900 of the NRC Inspection Manual, "10 CFR Guidance for 10 CFR 50.59, Changes, Tests, and Experiments." This inspection constituted 23 samples of evaluations, screenings, and/or applicability determinations as defined in IP 71111.17-05.


====b. Findings====
(630) 829-9800.
Failure to Perform 10 CFR 50.59 Evaluation for Updated Final Safety Analysis Report Change


=====Introduction:=====
Sincerely,/RA/ K. Steven West Regional Administrator Docket Nos. 50-454; 50-455
The inspectors identified a Severity Level IV, Non-Cited Violation of 10 CFR 50.59, "Changes, Tests, and Experiments," Section(d)(1) and an associated finding of very low safety significance (Green) for the licensee's failure to provide a written evaluation which provided the basis for the determination that a change did not require a license amendment. Specifically, the licensee failed to provide a basis for why a change to the surveillance frequencies of emergency diesel generators described in the Updated Final Safety Analysis Report (UFSAR) did not require prior NRC approval.


=====Description:=====
License Nos. NPF-37; NPF-66
The licensee relocated numerous surveillance frequencies from Technical Specifications to the licensee-controlled Surveillance Frequency Control Program (SFCP) since 2010. The relocated surveillance frequencies included emergency diesel generator surveillances required to be performed during every refueling outage as specified in Regulatory Guide 1.9, "Application and Testing of Safety-Related Diesel


Generators in Nuclear Power Plants," Revision 3. Appendix A, "Application of NRC Regulatory Guides," of the UFSAR listed the applicable NRC regulatory guides that the licensee complies with. The section covering Regulatory Guide 1.9 stated that: Regulatory Guide (RG) 1.9, Revision 3, endorses IEEE [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."  In addition to this standard, RG 1.9, Revision 3, provides supplemental regulatory positions. The Licensee complies with these supplemental regulatory positions in Revision 3 with the following clarifications regarding: The licensee changed the last sentence to state: The Licensee complies with IEEE Standard 387-1984 and these supplemental regulatory positions in Revision 3 with the following clarifications regarding: The licensee further added clarification number 8, "Regulatory Position C.2.3.2.3, Refueling Outage Testing" stating: Exception is taken to the statement that the overall emergency diesel generator unit design capability should be demonstrated at every refueling outage by performing the tests identified in Table 1 of Regulatory Guide 1.9. Refueling Outage Testing as identified in Table 1 of Regulatory Guide 1.9 is performed in accordance with the Technical Specifications, and the test interval may be supplanted with performance-based, risk-informed test intervals. This statement
cc: Distribution via LISTSERV Letter to from K. Steven West dated July 23, 2018


in Regulatory Position C.2.3.2.3 is in accordance with Section 6.5.2 of IEEE Standard 387-1984. By taking exception to Regulatory Position C.2.3.2.3, exception is also being taken to the statement in Section 6.5.2 of IEEE Standard 387-1984 that the diesel generator unit shall be given one cycle of each of the specified tests at least once every 18 months to demonstrate its continued capability of performing its required function. The licensee documented the UFSAR change in 50.59 Screening 6E-14-017, "Revise Diesel Generator and Integrated Safeguards LOOP [loss of offsite power] / ESF
SUBJECT: WITHDRAWAL OF NON-CITED VIOLATION 05000454/2017009-01; 05000455/2017009-01
[engineered safety feature] Surveillance Test Surveillance Frequency from 18 Months to 18 Months Staggered," Revision 0. In the screening, the licensee stated that the, "Proposed change does not have any effect on any SSC [Structure, System, or Component] described in the UFSAR."  They further stated that, "The components that are not directly tested within an eighteen month frequency are justified to not be affected by the proposed change as evaluated in the evaluation required by NEI 04-10, Revision 1."  The licensee also stated that, "The SFCP evaluation per NEI 04-10 ensures the reliability of the SSC to perform its intended design function is not decreased."


5 The licensee performed evaluation BY-13-003, "Diesel Generator and Integrated Safeguards LOOP ESF Surveillance Test Surveillance Frequency Surveillance Test Interval (STI) Evaluation," dated March 3, 2014 under the SFCP. This evaluation provided the basis for extending the surveillance frequencies under the SFCP. In section C.7 of the evaluation the licensee concluded that: The Surveillance Frequency Control Program , as approved by the NRC for Byron and for other nuclear power plants, supplants prescriptive test intervals, such as those specified in the above standards and guides, with performance-based, risk-informed test intervals-However, a UFSAR change is required to reflect the fact that the frequency of the Class 1E Diesel Generator and Integrated Safeguards Test is per the SFCP, and that the station takes exception to the frequency specified in RG 1.9. Approval of this UFSAR Change Request is required prior to implementation of this Surveillance Test Interval extension. The SFCP evaluation does not contain the same questions as a 50.59 evaluation and  it therefore does not replace a 50.59 evaluation in evaluating the applicable criteria of  10 CFR 50.59(c)(2). In the 50.59 screening the licensee referred to the SFCP evaluation as providing the basis for why the change did not impact the reliability of the diesel generators. The SFCP evaluation stated that a UFSAR change would need to be processed to change the references to Regulatory Guide 1.9 and IEEE-384. This created a circular logic. The Nuclear Energy Institute stated in guidance document NEI 04-10, "Risk-Informed Technical Specifications Initiative 5b Risk-Informed Method for Control Surveillance Frequencies," Revision 1 Step 3 in section 3.0 that, "the safety analysis acceptance criteria in the plant licensing basis (e.g., FSAR, supporting analyses) will continue to be met with the proposed changes to Surveillance Frequencies."  Further, step 7 in section 4.0 states, in part, to, "Document that assumptions in the plant licensing basis would not be invalidated when performing the surveillance at the bounding interval limit for the proposed STI change." Even though the SFCP allows licensees to change their Technical Specification surveillance frequencies, licensees are still required to process UFSAR changes per the 50.59 process. Therefore, completion of the STI evaluation does not preclude the need to perform a 50.59 review. The increase in the surveillance frequency does have an impact on the reliability of the diesel generators, and as such it is considered to be adverse. The licensee stated in section C.8 of the SFCP evaluation that, "Surveillances are primarily performed to demonstrate that equipment is operable-An extended surveillance interval could lead to less conditioning and component degradation, and some failure mechanisms could become more prominent and increase equipment failure probabilities."  The licensee should have performed a 10 CFR 50.59 evaluation to determine if the change would have resulted in a more than minimal increase in the likelihood of occurrence of a malfunction of an SSC important to safety.
DISTRIBUTION: Jeremy Bowen Juan Peralta


=====Analysis:=====
RidsNrrDorlLpl3 RidsNrrPMByron Resource RidsNrrDirsIrib Resource
The inspectors determined that the licensee's failure to provide a written evaluation which provided the basis for the determination that a change did not require a license amendment was contrary to 10 CFR 50.59(d)(1) and was a performance deficiency. Specifically, the licensee failed to provide a basis for why a change to the surveillance frequencies of emergency diesel generators described in the UFSAR did not require prior NRC approval.


6 The inspectors determined that the performance deficiency was more than minor because the finding was associated with the Mitigating Systems cornerstone attribute of Equipment Performance and affected the cornerstone objective of ensuring the availability, reliability, and capability of systems that respond to initiating events to prevent undesirable consequences (i.e., core damage). Specifically, by extending the surveillance frequency of the emergency diesel generators the licensee potentially affected the reliability of the diesel generators because certain components of the diesel generators could be affected due to less conditioning. In addition, the associated violation was determined to be more than minor because the inspectors could not reasonably determine that the changes would not have ultimately required NRC prior approval. Violations of 10 CFR 50.59 are dispositioned using the traditional enforcement process instead of the Significance Determination Process (SDP) because they are considered to be violations that potentially impede or impact the regulatory process. This violation is associated with a finding that has been evaluated by the SDP and communicated with an SDP color reflective of the safety impact of the deficient licensee performance. The SDP, however, does not specifically consider the regulatory process impact. Thus, although related to a common regulatory concern, it is necessary to address the violation and finding using different processes to correctly reflect both the regulatory importance of the violation and the safety significance of the associated finding. In this case, the inspectors determined the finding could be evaluated using the SDP in accordance with Inspection Manual Chapter 0609, "Significance Determination Process."  Using Attachment 0609.04, "Initial Characterization of Findings," Table 2 the inspectors determined that the finding affected the Mitigating Systems cornerstone. As a result, the inspectors evaluated the finding using Appendix A, "The Significance Determination Process (SDP) for Findings At-Power," Exhibit 2 for the Mitigating Systems cornerstone. The finding screened to Green (very low safety significance) because it did not result in the loss of operability or functionality. The diesel generators passed their most recent surveillances.
Steven West


In accordance with section 6.1.d of the NRC Enforcement Policy this violation is categorized as Severity Level IV because the resulting changes were evaluated by the SDP as having very low safety significance (i.e., green finding). The inspectors did not identify a cross-cutting aspect associated with the finding because the finding was not representative of current performance. The licensee performed the screening over three years prior to the start of the inspection.
Darrell Roberts Jack Giessner


=====Enforcement:=====
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
Title 10 CFR Part 50.59, "Changes, Tests, and Experiments," section (d)(1) requires the licensee to maintain records of changes in the facility, of changes in procedures, and of tests and experiments made pursuant to 10 CFR 50.59(c). Title 10 CFR 50.59(d)(1) requires that these records include a written evaluation which provides the basis for the determination that a change, test, or experiment did not require a license amendment. Title 10 CFR 50.59(c)(2) requires a licensee to obtain a license amendment prior to implementing a proposed change, test, or experiment if the change, test, or experiment would result in more than a minimal increase in the likelihood of occurrence of a malfunction of an SSC important to safety.


7 Contrary to the above, between February 14, 2014 and June 1, 2017, the licensee failed to provide a written evaluation which provided the basis for determining that a change, test, or experiment made pursuant to 10 CFR 50.59(c) did not require a license amendment. Specifically, the licensee failed to provide a basis for why a change to the surveillance frequencies of emergency diesel generators described in the Updated Final Safety Analysis Report did not require pr ior NRC approval. The licensee did not provide a basis for why the change would not result in more than a minimal increase in the likelihood of occurrence of a malfunction of an SSC important to safety. This violation is being treated as an Non-Cited Violation, consistent with Section 2.3.2 of the Enforcement Policy because it was a Severity Level IV violation and was entered into the licensee's corrective action program as Action Request 04017182, "NRC Question on 50.59 Screening for DRP 15-073," dated June 1, 2017. The licensee planned to work to disposition the issue. (NCV 050004542017009-01; 05000455/2017009-01, Failure to Perform 10 CFR 50.59 Evaluation for UFSAR Change).
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
 
==OTHER ACTIVITIES (OA)==
{{a|4OA2}}
==4OA2 Problem Identification and Resolution==
 
===.1 Routine Review of Condition Reports===
 
====a. Inspection Scope====
The inspectors reviewed several corrective action process documents that identified or were related to 10 CFR 50.59 evaluations. The inspectors reviewed these documents to evaluate the effectiveness of corrective actions related to evaluations of changes, tests, and experiments. In addition, corrective action documents written on issues identified during the inspection were reviewed to verify adequate problem identification and incorporation of the problems into the corrective action system. The specific corrective action documents that were sampled and reviewed by the inspectors are listed in the attachment to this report.
 
====b. Findings====
No findings of significance were identified.
{{a|4OA6}}
==4OA6 Meetings==
 
===.1 Exit Meeting Summary On June 1, 2017, the inspectors presented the inspection results to Mr. T. Chalmers, and other members of the licensee staff.===
The licensee personnel acknowledged the inspection results presented and did not identify any proprietary content. The inspectors confirmed that all proprietary material reviewed during the inspection was returned to the licensee staff. ATTACHMENT: 
 
=SUPPLEMENTAL INFORMATION=
 
==KEY POINTS OF CONTACT==
 
Licensee
: [[contact::J. Bauer]], Corporate Licensing Engineer
: [[contact::T. Chalmers]], Plant Manager
: [[contact::G. Contrady]], Regulatory Assurance Engineer
: [[contact::Z. Cox]], Regulatory Assurance
: [[contact::D. Gullott]], Corporate Licensing Manager
: [[contact::C. Keller]], Engineering Director
: [[contact::D. Spitzer]], Regulatory Assurance Manager
: [[contact::G. Wilhelmsen]], Senior Engineering Manager
: [[contact::K. Zlevor]], Senior Engineer
: [[contact::L. Zurawski]], Regulatory Assurance
: [[contact::U.S. Nuclear Regulatory Commission R. Daley]], Branch Chief, EB3
: [[contact::C. Hunt]], Resident Inspector
: [[contact::J. McGhee]], Senior Resident Inspector
 
==LIST OF ITEMS OPENED, CLOSED, AND DISCUSSED==
 
===Opened and Closed===
: 05000454/2017009-01;
: 05000455/2017009-01 NCV Failure to Perform 10 CFR 50.59 Evaluation for UFSAR Change (Section 1R17.1b)
 
==LIST OF DOCUMENTS REVIEWED==
The following is a list of documents reviewed during the inspection.
: Inclusion on this list does not imply that the NRC inspectors reviewed the documents in their entirety, but rather, that selected sections of portions of the documents were evaluated as part of the overall inspection effort.
: Inclusion of a document on this list does not imply NRC acceptance of the document or any part of it, unless this is stated in the body of the inspection report.
: CFR 50.59 EVALUATIONS
: Number Description or Title Date or Revision6G-14-003 Implementation of
: WCAP-15063-P-A, Revision 1, with Errata, "Westinghouse Improved Performance Analysis and Design Model (PAD 4.0)," and
: WCAP-12610-P-A
and
: GENPD-404-P-A Addendum 2-A, "Westinghouse Clad Corrosion Model for ZIRLO and Optimized ZIRLO"
: 6G-14-004 Establishing a Nitrogen Blanket on the Volume Control Tank (VCT)
: 6G-15-004 Implement Use of Westinghouse SHIELD for Use in Reactor Coolant Pump Seal
: Configurations
: 6G-16-001 Remove AF Diesel Air Intake Elbow and Blank Off TB Air Intake
: 6G-16-006 Reroute AF Diesel Pump Combustion Air Intake to 364' General Area Unit 1 & 2
: 6G-16-007 Temporarily Defeat FW Water Hammer Prevention System (WHPS) FW Isolation Signals During Normal Power Operation For Steam Generators 2A/2B/2C/2D
(EC 406958)
: 6G-16-008 Appendix J Scope Reduction 0 6G-17-001 Lost SFP Crimps and RVLIS Pins 0
: CFR 50.59 SCREENINGS
: Number Description or Title Date or Revision6D-15-002 UFSAR Update to Reflect Current LOCA Design Inputs for Unit 2
: 6D-15-010 Alternate Main Control Room Ventilation 2 6D-15-016 LCOAR ESF Battery Room Ventilation 7 6D-15-025 Revision to
: BCB-2 Table 1-6 to Add Most Reactive Stuck Rod Worths to Use in the Event of Untrippable RCCAs
: 6E-14-017 Revise Diesel Generator and Integrated Safeguards LOOP/ESF Surveillance Test
: 10
: CFR 50.59 SCREENINGS
: Number Description or Title Date or RevisionSurveillance Frequency from 18 Months to 18
: Months Staggered
: 6E-14-020 Operation of 1A SX Pump With One-Half of a Cubicle Cooler
: 6E-14-040 Drill Holes in Line 2CD31AD to Stop Crack Propagation
: 6E-14-042 Modify Logic for Unit 2 Condensate and Condensate Booster Pumps Lube Oil
: Pressure Switches (EC 398037)
: 6E-14-046 Modify Logic for Unit 1 Condensate and Condensate Booster Pumps Lube Oil
: Pressure Switches (EC 398036)
: 6E-14-052 SSPS Wiring Changes Needed to Address Westinghouse Technical Bulletin
: TB-13-7 Solid State Protection System New Design Universal Logic Board and Safeguards Driver
: Board 48 Vdc Input (EC 397531)
: 6E-14-060 Plant Barrier Impairment (Penetration
: 26087) 0 6E-15-035 Increase Pressurizer PORV Accumulator Tank Operating Pressure to Increase Margin for PORV Operation (Unit 1)
: 6E-16-001 UFSAR Update of the Diesel-Generator Fuel Oil Storage and Transfer System Description
: 6E-16-061 Technical Requirements Manual (TRM) Technical Surveillance (PR No. 16-009)
: 6E-16-097 Appendix J Scope Reduction
: 0
: CALCULATIONS
: Number Description or Title Date or RevisionBY-13-003 Diesel Generator and Integrated Safeguards LOOP/ESF Surveillance Test Interval Evaluation
: BYR 10-053 /
: BRW-10-0033-1 Calculation Feedwater Pressure Uncertainty for Input to LEFM CheckPlus System
: BYR10-054
: ER-800 Bounding Uncertainty Analysis for Thermal Power Determination at Byron Unit 1 Using the LEFM CheckPlus System
: BYR10-055
: ER-801 Bounding Uncertainty Analysis for Thermal Power Determination at Byron Unit 2
: Using the LEFM CheckPlus System
: CORRECTIVE ACTION PROGRAM DOCUMENTS INITIATED DURING INSPECTION
: Number Description or Title Date or Revision4002071 50.59 Screening Form for BOP
: DO-16 Missing 04/24/2017
: 4017182 NRC Question on 50.59 Screening for DRP
: 15-073 06/01/2017
: CORRECTIVE ACTION PROGRAM DOCUMENTS REVIEWED
: Number Description or Title Date or Revision1500984 2B DG Shut Down Earlier than Desired During Sequence Test
: 04/12/2013
: 1500993 2B DG Sequence Times Acceptance Criteria not Met 04/12/2013
: 1673329 Concern About Testing Performed For HELB Dampers 06/19/2014
: 2467656 Issues Identified in Engineering Evaluation 03/12/2015
: 2496142 CDBI - 50.59 And DRP Did not Explicitly Evaluate GDC 5
: 05/05/2015
: 2727378
: MCC 234V4 not Energized Subsequent U-2 Rx Trip 10/12/2016
: 3978965 2017 50.59 FASA Identifies 50.59 Requires Revision 02/27/2017
: DRAWINGS Number Description or Title Date or RevisionM-129, Sheet 1C Diagram of Containment Spray, Unit 2 09/01/2000 M-138, Sheet 2 Diagram of Chemical & Volume Control &
: Boron Thermal Regen, Unit 2
: 09/22/2000 M-46, Sheet 1C Diagram of Containment Spray, Unit 1 01/08/1998 M-50, Sheet 1B Diagram of Diesel Fuel Oil AP M-64, Sheet 2 Diagram of Chemical & Volume Control &
: Boron Thermal Regen, Unit 1
: 03/05/1998 M-64, Sheet 5 Diagram of Chemical & Volume Control &
: Boron Thermal Regen, Unit 1
: 2/24/1999
: ENGINEERING CHANGES
: Number Description or Title Date or Revision397531 SSPS Wiring Changes Needed to Address Westinghouse Technical Bulletin
: TB-13-7
: Solid State Protection System Logic Board and Safeguards Driver Board 48 Vdc Input
: 398036 Modify Logic for Unit 1 Condensate and Condensate Booster Pumps Lube Oil Pressure Switches
: ENGINEERING CHANGES
: Number Description or Title Date or Revision398037 Modify Logic for Unit 2 Condensate and Condensate Booster Pump Lube Oil
: Pressure Switches
: 406958 Temporarily Defeat FW Water Hammer Prevention System (WHPS) FW Isolation Signals During Normal Power Operation for Steam Generators 2A/2B/2C/2D
: 617642 Temporarily Defeat FW Water Hammer Prevention System (WHPS) FW Isolation Signals During Normal Power Operation for Steam Generators 2A/2B/2C/2D (Braidwood)
: 01/09/2017
: OTHER DOCUMENTS
: Number Description or Title Date or RevisionLER 455-2016-001 Manual Reactor Trip due to Circuit Breaker Failure that Caused Actuation of Feedwater
: Hammer Prevention System with Automatic Isolation of Feedwater to Two Steam Generators and Low Steam Generator Levels
: 10/12/2016 PR No. 16 009 Revision to Technical Requirements Manual (TRM) Technical Surveillance Requirement
: TSR 3.3.k.2 LEFM Channel Calibration
: 07/12/2016
: TB-13-7 Westinghouse Technical Bulletin Solid State Protection New Design Universal Logic Board and Safeguards Driver Board 48 Vdc Input 12/10/2013
: PROCEDURES
: Number Description or Title Date or Revision1BOSR 4.11.3-1 Unit One Pressurizer PORV Accumulator Pressure Decay Test
: 2BGP 100-1 Plant Heatup 58 2BGP 100-3 Power Ascension 93
: 2BGP 100-4 Power Descension 50
: 2BGP 100-4T4 Reactor Trip Post Response Guideline 7 BAR 1-12-D7 PZR PORV SUP PRESS HIGH LOW 7
: ER-AA-425 Implementation of the Technical Specification Surveillance Frequency Control Program
: ER-AA-425-1005 Monitoring the Effects of Changes to the Surveillance Frequency Control Program (SFCP) 1
: LS-AA-104 Exelon 50.59 Review Process 10
: OP-MW-201-007 Fire Protection System Impairment Control
: RP-BY-301-1001
: Radiological Air Sampling Program
==LIST OF ACRONYMS==
: [[USED]] [[]]
: [[CFR]] [[Code of Federal Regulations]]
: [[IEEE]] [[Institute of Electrical & Electronics Engineers]]
: [[LOOP]] [[Loss of Offsite Power]]
: [[NEI]] [[Nuclear Energy Institute]]
: [[NRC]] [[]]
: [[U.S.]] [[Nuclear Regulatory Commission]]
: [[RG]] [[Regulatory Guide]]
: [[SDP]] [[Significance Determination Process]]
: [[SFCP]] [[Surveillance Frequency Control Program]]
: [[SSC]] [[Structure, System, or Component]]
STI Surveillance Test Interval
: [[UFSAR]] [[Updated Final Safety Analysis Report]]
}}
}}

Revision as of 21:09, 17 October 2018

Withdrawal of Non-Cited Violation 05000454/2017009-01; 05000455/2017009-01
ML18204A144
Person / Time
Site: Byron  Constellation icon.png
Issue date: 07/23/2018
From: West K S
NRC/RGN-III
To: Kanavos M E
Exelon Generation Co
Giessner J B
References
EA-17-138 IR 2017009, IR 2017009-01
Preceding documents:
Download: ML18204A144 (4)
v • d • e


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION REGION III 2443 WARRENVILLE RD. SUITE 210 LISLE, ILLINOIS 60532-4352 July 23, 2018

EA-17-138

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; 05000455/2017009-01

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 (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.

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 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.

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).

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.

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 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)

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.

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.

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

License Nos. NPF-37; NPF-66

cc: Distribution via LISTSERV Letter to from K. Steven West dated July 23, 2018

SUBJECT: WITHDRAWAL OF NON-CITED VIOLATION 05000454/2017009-01; 05000455/2017009-01

DISTRIBUTION: Jeremy Bowen Juan Peralta

RidsNrrDorlLpl3 RidsNrrPMByron Resource RidsNrrDirsIrib Resource

Steven West

Darrell Roberts Jack Giessner

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

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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