ML15085A562
| ML15085A562 | |
| Person / Time | |
|---|---|
| Site: | La Crosse File:Dairyland Power Cooperative icon.png |
| Issue date: | 03/26/2015 |
| From: | Lara J F Division of Nuclear Materials Safety III |
| To: | Nick B A Dairyland Power Cooperative |
| References | |
| EA-15-026 IR 2014001, IR 2014008 | |
| Download: ML15085A562 (24) | |
See also: IR 05000409/2014008
Text
March 26, 2015
Ms. Barbara President and CEO Dairyland Power Cooperative 3200 East Avenue S.
P.O. Box 817 La Crosse, WI 54602-0817
SUBJECT: LA CROSSE BOILING WATER REACTOR INDEPENDENT SPENT FUEL STORAGE INSTALLATION - NRC INSPECTION REPORT 07200046/2014001(DNMS) AND 05000409/2014008(DNMS)
Dear Ms. Nick:
On December 15, 2014 through December 18, 2014, inspectors from the U.S. Nuclear Regulatory Commission (NRC) conducted a routine inspection at your facility in Genoa, Wisconsin, with continued in-office review through February 24, 2015. The purpose of the inspection was to review activities performed under your NRC license to ensure that activities were being performed in accordance with NRC requirements. The inspection results were discussed with members of your staff at the conclusion of the site inspection on December 18, 2014, and during a telephone discussion with members of your staff on February 24, 2015. The enclosed inspection report presents the results of the inspection.
During this inspection, the NRC staff examined activities conducted under your license related to public health and safety. Additionally, the staff examined your compliance with the Commission's rules and regulations as well as the conditions of your license. Within these areas, the inspection consisted of selected examination of procedures and representative records, observations of activities, and interviews with personnel.
Based on the results of this inspection, three apparent violations of NRC requirements were identified and are being considered for escalated enforcement action in accordance with the NRC Enforcement Policy. The current Enforcement Policy is included on the NRC's website at http://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html. The apparent violations involved the failure to ensure emergency response staffing levels satisfied the La Crosse Emergency Plan as required by Title 10 of the Code of Federal Regulations (CFR) 50.54(q)(2), failure to submit changes to the Emergency Plan that reduced its effectiveness to the NRC for review prior to implementation as required by 10 CFR 50.54(q)(4), and failure to conduct emergency drills and exercises at the frequency specified in the La Crosse Emergency Plan as required by 10 CFR 50.54(q)(2). Because the NRC has not made a final determination in this matter, the NRC is not issuing an enforcement action for these inspection findings at this time. The circumstances surrounding these apparent violations, the significance of the issues, and the need for lasting and effective corrective action were discussed with your staff at the inspection exit meeting on February 24, 2015.
Before the NRC makes its enforcement decision, we are providing you an opportunity to either: (1) respond in writing to the apparent violations addressed in this inspection report within 30 days of the date of this letter; (2) request a Predecisional Enforcement Conference (PEC); or (3) request Alternate Dispute Resolution (ADR). If a PEC is held, it will be open for public observation and the NRC will issue a press release to announce the time and date of the conference. Please contact Wayne Slawinski at 630-829-9820 within ten days of the date of this letter to notify the NRC of your intended response. A PEC should be held within 30 days and an ADR session within 45 days of the date of this letter.
If you choose to provide a written response, it should be clearly marked as "Response to the Apparent Violations in Inspection Report No. 07200046/2014001(DNMS) and 05000409/2014008(DNMS); EA-15-026," and should include, for the apparent violations: (1) the reason for the apparent violations, or, if contested, the basis for disputing the apparent violations; (2) the corrective steps that have been taken and the results achieved; (3) the corrective steps that will be taken to avoid further violations; and (4) the date when full compliance was or will be achieved. In presenting your corrective actions, be aware that the promptness and comprehensiveness of your actions will be considered in assessing any civil penalty for the apparent violations. The guidance in NRC Information Notice 96-28, "Suggested Guidance Relating to Development and Implementation of Corrective Action," may be useful in preparing your response. You can find the information notice on the NRC website at:
http://www.nrc.gov/reading-rm/doc-collections/gen-comm/info-notices/1996/in96028.html. Your response may reference or include previously docketed correspondence, if the correspondence adequately addresses the required response. If an adequate response is not received within the time specified or an extension of time has not been granted by the NRC, the NRC will proceed with its enforcement decision or schedule a PEC.
If you choose to request a PEC, the conference will afford you the opportunity to provide your perspective on the apparent violations and any other information that you believe the NRC should take into consideration before making an enforcement decision. The decision to hold a pre-decisional enforcement conference does not mean that the NRC has determined that violations have occurred or that enforcement action will be taken. This conference would be conducted to obtain information to assist the NRC in making an enforcement decision. The topics discussed during the conference may include the following: information to determine whether a violation occurred, information to determine the significance of a violation, information related to the identification of a violation, and information related to any corrective actions taken or planned to be taken. In lieu of a PEC, you may also request Alternative Dispute Resolution (ADR) with the NRC in an attempt to resolve this issue. ADR is a general term encompassing various techniques for resolving conflicts using a third party neutral. The technique that the NRC has decided to employ is mediation. Mediation is a voluntary, informal process in which a trained neutral (the "mediator") works with parties to help them reach resolution. If the parties agree to use ADR, they select a mutually agreeable neutral mediator who has no stake in the outcome and no power to make decisions. Mediation gives parties an opportunity to discuss issues, clear up misunderstandings, be creative, find areas of agreement, and reach a final resolution of the issues. Additional information concerning the NRC's program can be obtained at http://www.nrc.gov/about-nrc/regulatory/enforcement/adr.html. The Institute on Conflict Resolution (ICR) at Cornell University has agreed to facilitate the NRC's program as a neutral third party. Please contact ICR at 877-733-9415 within 10 days of the date of this letter if you are interested in pursuing resolution of this issue through ADR.
Please be advised that the number and characterization of the apparent violations described in the enclosed inspection report may change as a result of further NRC review. You will be advised by separate correspondence of the results of our deliberations on this matter. In addition to the apparent violations for which escalated enforcement action is being considered, the NRC determined that three Severity Level IV violations of NRC requirements occurred. The violations were evaluated in accordance with the NRC Enforcement Policy. The violations involved the failure to: submit an Independent Spent Fuel Storage Installation (ISFSI)
decommissioning funding plan timely as required by 10 CFR 72.30(b); have an adequate program in place to ensure augmentation of emergency response capabilities was available to implement Emergency Plan actions required by 10 CFR 50.47(b)(2); and have an emergency classification system within implementing procedures that adhered to the emergency classification system within the Emergency Plan as required by 10 CFR 50.47(b)(4). These violations are being treated as non-cited violations, consistent with Section 2.3.2 of the NRC Enforcement Policy.
In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter, its enclosure, and your response, will be made available electronically for public inspection in the NRC's Public Document Room or from the NRC's Agencywide Documents Access and Management System (ADAMS), accessible from the NRC's website at http://www.nrc.gov/reading-rm/adams.html. To the extent possible, your response should not include any personal privacy, proprietary, or safeguards information so that it can be made publicly available without redaction. Please feel free to contact Matthew Learn of my staff if you have any questions regarding this inspection. Mr. Learn can be reached at 630-829-9603.
Sincerely,/RA/
Julio F. Lara, Acting Director Division of Nuclear Materials Safety Docket Nos. 072-00046; 050-00409 License No. DPR-45
Enclosure:
IR Nos. 07200046/2014001(DNMS); 05000409/2014008(DNMS)
cc w/encl: R. Palmberg, Generation Vice President L. Peters, Genoa Site Manager D. Egge, Plant/ISFSI Supervisor W. Trubilowicz, Technical Engineer R. Grey, Radiation Protection Supervisor
cc w/o encl: T. Zaremba, Wheeler, Van Sickle and Anderson J. Kitsembel, Chairman, Wisconsin Public Service Commission S. Burmaster, Coulee Region Energy Coalition G. Kruck, Chairman, Town of Genoa P. Schmidt, Manager, Radiation Protection, Wisconsin Department of Health Services