IR 05000259/1989055
| ML18033B282 | |
| Person / Time | |
|---|---|
| Site: | Browns Ferry  |
| Issue date: | 05/02/1990 |
| From: | Crutchfield D Office of Nuclear Reactor Regulation |
| To: | Kingsley O TENNESSEE VALLEY AUTHORITY |
| Shared Package | |
| ML18033B283 | List: |
| References | |
| EA-89-239, NUDOCS 9005070259 | |
| Download: ML18033B282 (4) | |
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Docket Nos.
50-259, 50-260, and 50-296 EA 89-239 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 May 2, 1990 QOC.geg F'i'ice Mr. Oliver D. Kingsley, Jr.
Senior Vice President, Nuclear Power Tennessee Valley Authority 6N 38A Lookout Place 1101 Market Street Chattanooga, Tennessee 37402-2801
Dear Mr. Kingsley:
SUBJECT:
NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY - $18,750 (NRC INSPECTION REPORT NOS. 50-259/89-55, 50-260/89-55, AND 50-296/89-55)
This refers to the Nuclear Regulatory Commission (NRC) inspection conducted by G. Todd at the Browns Ferry facility on November 26-29, 1989.
The inspection included a review of the circumstances surrounding special nuclear material (SNM) accountability.
The report documenting this inspection was sent to you t
in a letter dated December 28, 1989.
As a result of this inspection, failures to comply with NRC regulatory requirements were identified, and accordingly, NRC concerns relative to the inspection findings were discussed in an enforcement conference held on February 14, 1990.
The letter summarizing this conference was sent to you on March 1, 1990.
The'iolation described in the enclosed Notice of Violation and Proposed Imposition of Civil Penalty involves a failure to perform an adequate inventory as required by your procedures in that a subsequent inventory identified 26 discrepancies not detected in the earlier inventory.
The present violation is similar to violations contained in the Notices sent to you by our letters dated January 2, 1987 and April 19, 1988 (NRC Inspection Reports 50-259, 50-260,.
and 50-296/86-38 and 50-269, 50-260, and 59-296/87-29).
The repetitive nature of this type of violation is of concern to the NRC.
Previous meetings between your staff and mine were held on November 4, 1986 and August 12, 1987 to evaluate TVA's inventories and failure to identify all discrepancies in" response to the findings of report numbers 86-38 and 87-29.
To emphasize the need for the licensee to maintain accurate knowledge of the location of all licensed material through complete and careful inventories, I have been authorized, after consultation with the Director, Office of Enforcement, and the Deputy Executive Director for Nuclear Material Safety, Safeguards and Operations Support to issue the enclosed Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $18,750 for the violation described in the enclosed Notice.
In accordance with the "General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C
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(1989) (Enforcement Policy), the violation described in the enclosed Notice has been categorized as a Severity Level IV violation.
9005070259 900502 PDR ADOCK 05000259
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Nr. Oliver D. Kingsley, Jr.
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May 2, 1990 Normally, civil penalties are not proposed for Severity Level IV violations.
However, the Enforcement Policy states that civil penalties may be imposed for Severity Level IV violations that are similar to previous violations for which the licensee did not take effective corrective action, as is true of the present case.
The base value of a civil penalty for a Severity Level IY violation is $15,000.
The escalation and mitigation factors in the Enforcement Policy were considered in determining the amount of this civil penalty.
The base amount of the civil penalty in this case was mitigated by 50 percent due to the corrective actions that you have initiated since the current violation was identified and by 25 percent because you identified the violation.
Although the Enforcement Policy allows up to 50 percent mitigation of civil penalties when the licensee identifies the violation, this 50 percent mitigation was not warranted in this case because of the length of time that the violation existed before you identified it.
Escalation of the civil penalty by 100 percent was warranted, however, due'to the multiple examples of the violation.
Therefore, on balance, the base amount of the civil penalty was escalated by 25 percent.
It should be noted that the discovery in the Radwaste Evaporator Building on November 4, 1989,of eight incore detectors, which had been presumed to have been shipped as radwaste prior to 1987, was not reported to the NRC in accordance with your procedure SDSP 26.1.
Due to the circumstances of this case involving a number of discrepancies included in the violation noted in the enclosed Notice, this violation will not be cited.
In the future, careful attention must be paid to required reports.
In accordance with Section 2.790 of the NRC's "Rules of Practice",
Part 2, Title 10, Code of Federal Regulations, a copy of this letter and its enclosure will be placed in the NRC Public Document Room.
The responses directed by this letter and its enclosures are not subject to the clearance procedures of the Office of Hanagement and Budget as required by the Paperwork Reduction Act of 1980, Public Law No.96-511.
Sincerely, Enclosure:
Notice of Violation and Proposed Imposition of Civil Penalty cc w/enclosure:
See next page Dennis
. Crutchfie d, ssoci iree or for Special Projects Office of Nuclear Reactor Regulation
Mr. Oliver D. Kingsley, Jr.
-3" May 2, 1990 cc w/enclosure:
Mr. Marvin Runyon, Chairman Tennessee Valley Authority ET 12A 7A 400 West Summit Hill Drive Knoxville, Tennessee 37902 Mr.
C.
H.
Dean, Jr., Director Tennessee Valley Authority ET 12A llA 400 West Summit Hi 11 Drive Knoxville, Tennessee 37902 Mr. John B. Waters, Director Tennessee Valley Authority ET 12A 9A 400 West Summit Hill Drive Knoxville, Tennessee 37902 Mr.
W.
F. Willis Chief Operating Officer
, ET 12B 16B t
400 West Summit Hill Drive Knoxville, Tennessee 37902 General Counsel Tennessee Valley Authority 400 West Summit Hill Drive ET 11B 33H Knoxville, Tennessee 37902 Mr. Dwight Nunn Vice President, Nuclear Engineering Tennessee Valley Authority 6N 38A Lookout Place 1101 Market Street Chattanooga, Tennessee 37402-2801 Dr. Mark 0. Medford Vice President and Nuclear Technical Director Tennessee Valley Authority 6N 38A Lookout Place Chattanooga, Tennessee 37402-2801 Mr. Edward G. Wallace Manager, Nuclear Licensing and Regulatory Affairs t
Tennessee Valley Authority 5N 157B Lookout Place Chattanooga, Tennessee 37402-2801 Mr. 0. J. Zeringue, Site Director Browns Ferry Nuclear Plant Tennessee Valley Authority P.
0.
Box 2000 Decatur, Alabama 35602 Mr.
P. Carier, Site Licensing Manager Browns Ferry Nuclear Plant Tennessee Valley Authority P.
0.
Box 2000 Decatur, Alabama 35602 Mr.
L.
W. Myers, Plant Manager Browns Ferry Nuclear Plant Tennessee Valley Authority P.
0.
Box 2000 Decatur, Alabama 35602 Chairman, Limestone County Commission P.
0.
Box 188 Athens, Alabama 35611 Claude Earl Fox, M.D.
State Health Officer State Department of Public Health State Office Building Montgomery, Alabama 36130 Regional Administrator, Region II U.S. Nuclear Regulatory Commission 101 Marietta Street, N.W.
Atlanta, Georgia 30323 Mr. Danny Carpenter Senior Resident Inspector Browns Ferry Nuclear Plant UPS.
Nuclear Regulatory Commission Route 12, Box 637 Athens, Alabama 35611 Dr. Henry Myers, Science Advisor Committee on Interior and Insular Affairs U.S.
House of Representatives Washington, D.C.
20515 Tennessee Valley Authority Rockville Office 11921 Rockvil le Pike Suite 402 Rockville, Maryland 20852