ML20199E408

Forwards Insp Rept 50-333/97-08 on 971027-1221 & Notice of Violation.Violations Re Improper Performance of Abnormal Operating Procedure to Isolate Sys Electrical Ground

ML20199E408
Person / Time
Site:	FitzPatrick
Issue date:	01/20/1998
From:	Hehl C NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:	Michael Colomb POWER AUTHORITY OF THE STATE OF NEW YORK (NEW YORK
Shared Package
ML20199E413	List: IR 07100027/2012021 ML20199E408 ML20199E471
References
50-333-97-08, 50-333-97-8, EA-98-008, EA-98-8, NUDOCS 9802020150
Download: ML20199E408 (5)

See also: IR 05000333/1997008

Text

{{#Wiki_filter:, .. .. .. . .. . .. . _ - - - _ _ _ _ - _ _ - _ _ _ _ _ _ - _ _ _ _ _ - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ _ _ _ . 4 , ., s , , January 20, 1998 EA No. 98-008 Michael J. Colomb Site Executive Officer New York Power Authority James A. FitzPatrick Power Plant Post Office Box 41 Lycoming, NY 13093 SUBJECT: NRC INTEGRATED INSPECTION 50-333/97-08, NOTICE OF VIOLATION AND EXERCISE OF ENFORCEMENT DISCRETION Dear Mr. Colomb: On December 21,1997 the NRC completed an inspection at your FitzPatrick Power Plant. The enclosed report presents the results of that inspection. During this inspection period, your conduct of activities at the plant were generally characterized by safe plant operations. The decision to shutdown to repair leaking safety ' relief valves was conservative and the shutdown and subsequent startup were performed well. Additionally, an inspection of the solid radioactive waste and transportation programs found them well managed and effective. However, an operator error in implementing an abnormal operatin0 procedure and several discrepancies associated with high pressure coolant injection system maintenance activities indicate that additional focus and attention are warranted to improve work control activities. Based on the results of this inspection, the NRC concluded that three violations existed. The improper performance of an abnormal operating procedure to isolate a system electrical ground, the failure to meet Technical Specification requirements for primary containment Isalation valves and the inappropriate removal of a component from the environmental qualification program were violations. These violations are cited in the enclosed Notice of Violation, and the circumstances surrounding the violations are described in detail in the enclosed report. Please note that you are required to respond to this letter and should follow the instructions specified in the enclosed Notice when preparing your response. The NRC will use your response, in part, to determine whether h further enforcement action is necessary to ensure compliance with regulatory l requirements. !f ' Included in this report is closecut of an Inspector Follow-up Item involving the potential . violation of 10 CFR 70.24, Criticality Accident Requirements. We have determined that your facility was in violation of this regulation in that you did not have in place either an adequate criticality monitoring system for handling and storage of new (non-irradiated) fuel or an NRC approved eumption to the regulation. However, numerous other f acilities have similar circumstances. The NRC has reconsidered this violation and concluded based on the information discussed in the report that, although a violation did exist, it is appropriate 9802020150 980120 T4 f yk' H'rh jf ,h,f,,f p PDR ADOCK 05000333 i j ,' ;i k ' ! l ,l ' . G PDR -

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. 4 ' Michael J. Colomb 2 to exercise enforcement discretion for Violations involving Special Circumstances in accordance with Section Vil B.6 of the " General Statement of Policy and Procedures for NRC Enforcement Actions" (Enforcement Policy), NUREG 1600. The bases for exercising this discretion are the lack of safety significance of the failure to meet 10 CFR 70.24;the failure of the NRC staff to recognize the need for an exemption during the licensing process; the prior NRC position concerning the lack of a need for an exemption; and finally,' the NRC's intention to amend 10 CFR 70.24 through rule making to provide for administrative controls in lieu of criticality monitors. Therefore, I have been authorized after consultation with the Director, Office of Enforcement, to exercise enforcement discretion and not issue a violation for this matter. Pending the amendment to 10 CFR 70.24, further enforcement action will not be taken for failure to meet 10 CFR 70.24 provided you obtain an exemption to this regulation before the next receipt of fresh fuel or before the next planned mcvement of fresh fuel - In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter and its enclo::ures will be placed in the NRC Public Document Room. Sincerely, Original Signed by: Charles W. Hehl, Director Division of Reactor Projects Docket No.: 50-333 License No.: DPR 59 Enclosures: 1. Notice of Violation 2. Inspection Report 50-333/97-08

. .. . . . . . . . .. . . . 9 Michael J. Colomb 3 cc w/encls: C. D. Rappleyea, Chairman and Chief Executive Officer E. Zeltmann, President and Chief Operating Officer R. Hiney, Executive Vice President for Project Operations J. Knubel, Chief Nuclear Officer and Senior Vice President H. P. Salmon, Jr., Vice President of Nuclear Operations W. Josiger, Vice President - Engineering and Project Management .J. Kelly, Director - Regulatory Affairs and Special Projects T. Dougherty, Vice President - Nuclear Engineering R. Deasy, Vice President - Appraisal and Compliance Services R. Patch, Director - Quality Assurance G. C. Goldstein, Assistant General Counsel C. D. Faison, Director, Nuclear Licensirg, NYPA K. Peters, Licensing Manager ' T. Morra, Executive Chair, Four County Nuclear Safety Committee Supervisor, Town of Scriba C. Donaldson, Esquire, Assistant Attorney General, New York Department of Law P. Eddy, Electric Division, Department of Public Service, State of New York G. T. Goering, Consultant, New York Power Authority J. E. Gagliardo, Consultant, New York Power Authority E. S. Beckjord, Consultant, New York Power Authority F. William Valentino, President, New York State Energy Research and Development Authority J. Spath, Program Director, New York State Energy Research and Development Authority t .. .. . .. . .. . .. . . _ _ _ _ _ _ - _ _

. , , Michael J. Colomb 4 Distribution w/encis: H. Miller, RA/W. Axelson, DRA (1) Nuclear Safety Information Center (NSIC) PUBLIC NRC Resident inspector Region i Docket Room (with concurrences) J. Rogge, DRP R. Barkley, DRP R. Junod, DRP Distribution w/ encl: (VIA E MAIL) B. McCabe, RI EDO Coordinator R. Zimmerman, ADPR, NRR J. Goldberg, OGC J. Lieberman, OE (2) (OEMAIL) D. Holody, EO, RI T. Walker, SES, RI S. Bajwa, NRR K. Cotton, NRR D. Hood, NRR M. Campion, RI Inspection Program Branch, NRR (IPAS) R. Correia, NRR F. Talbot, NRR DOCDESK DOCUMENT NAME: G:\\ BRANCH 2\\JAF9708. INS Ta receive a copy of thie document indicate in the box: "C" = Copy without attachment / enclosure

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COPY A. a a - ,# OFFICE RI/DRP / [[ ] RI/DRP hh f) RI/DRP /fl l RI/DRP _ l H0/0E/ l . NAME Sg[ GHunegs* /)1V RBarkley* ///# JRogge E./ V CHetyl# JLlederman DATE ' 01/16/98 ' 01/ /98 ' F7 r 01/ N/98 01/fe /98 Of/ /98 OPICIAL RECORD COPY ' p 'SEE PREVIOUS CONCURRENCE PAGE 1 qter7

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j t, , . . Michael J. Colomb 4 Distribution w/encts: H. Miller, RA/W Axelson, DRA (1) Nuclear Safety Information Center (NSIC) PUBLIC NRC Resident inspector Region i Docket Room (with concurrences) J. Rogge, DRP R. Barkley, DRP R.Junod,DRP Distribution w/ encl: (VIA E MAIL) s M. Leach, RI EDO Coordinator R. Zimmerman, ADPR, NRR J. Goldberg, OGC J. Lieberman, OE (2) (OEMAIL) D. Holody, EO, RI T. Walker, SES, RI S. Bajwa, NRR K. Cotton, NRR D. Hood,NRR M. Campion, RI Inspection Program Branch, NRR (IPAS) R. Correia, NRR F. Talbot, NRR DOCDESK DOCUMENT NAME: G:\\ BRANCH 2\\JAF9708. INS To receive a copy of this document, indicate in the box: "C" = Copy without attachment / enclosure "E" = Copy with attachment / enclosure "N" n No copy F OFFICE Rl/DRP //) Rl/DRP g j/) Rl/DRP l HQ/OE l ll NAMEf ,. GHunegs /{f), RBarkley J //) . JRogge JLieberman l DATE7' 01//y98 /'" 01/S /98 / * 01/ /98 01/ /98 ll OFFICIAL RECORD COPY _ _ - _ _ _ }}