Title
10 CFR 50.59(b)(1) (1997, 1998) stated, in part, that the licensee shall maintain records of changes in the facility and of changes in procedures made pursuant to this section, to the extent that these changes constitute changes in the facility as described in the safety analysis report or to the extent that they constitute changes in procedures as described in the safety analysis report. These records must include a written safety evaluation which provides the bases for the determination that the change, test, or experiment does not involve an unreviewed safety question. Title
10 CFR 50.59 (a)(2)(ii) (1997, 1998) stated, in part, that a proposed change, test, or experiment shall be deemed to involve an unreviewed safety question if a possibility for an accident or malfunction of a different type than any evaluated previously in the safety analysis report may be created. Contrary to the above, from approximately 1998, through December 15, 2011, the licensee failed to maintain records of a change to the facility when it installed HEPD tanks in proximity to a
sodium hypochlorite tank. The licensee did not maintain records of a written safety evaluation which provided the basis for the determination that the change did not involve an unreviewed safety question. Specifically, the accident scenario involving an on-site release of
chlorine gas overcoming the control room operators had not been previously evaluated in the
UFSAR and was not bounded by the
UFSAR evaluation of
chlorine released from off-site sources. In accordance with the
Enforcement Policy, this violation of the requirements of
10 CFR 50.59 was classified as a
Severity Level IV Violation because the underlying technical issue was of very low safety significance. Because this non-willful violation was non-repetitive, and was captured in the licensees
CAP (
IR 1302573), it is considered a
NCV consistent Section 2.3.2 of the
Enforcement Policy. (
NCV 05000237/2012002-04;
05000249/2012002-04, Inadequate Basis in
10 CFR 50.59 Evaluation for Installation of Hypochlorite System
