ML20199E408
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| 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: |
| 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
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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
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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
further enforcement action is necessary to ensure compliance with regulatory
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requirements.
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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 p
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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
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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
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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 *E" = Copy with attachment / enclosure *ndo
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
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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
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