IR 05000269/1982011

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Forwards Order Imposing Civil Monetary Penalty for Violation Noted in IE Insp Rept 50-269/82-11 on 820323-0401. Re-exam of Independent Verification Program Compliance w/NUREG-0737,Item I.C.6 Requested
ML15223A832
Person / Time
Site: Oconee Duke Energy icon.png
Issue date: 10/12/1982
From: Deyoung R
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
To: Tucker H
DUKE POWER CO.
Shared Package
ML15223A833 List:
References
RTR-NUREG-0737, RTR-NUREG-737, TASK-1.C.6, TASK-TM EA-82-065, EA-82-65, NUDOCS 8211080311
Download: ML15223A832 (2)


Text

UNITED STATES

___

NUCLEAR REGULATORY COMMISSION IraQF p

WASHINGTON, D. C. 20555 OCT 12 8 Docket No. 50-269 License No. DPR-38 EA 82-65 Duke Power Company ATTN: Mr. H. B.. Tucker, Vice. President Nuclear Production Department 422 South Church Street Charlotte, NC 28242 Gentlemen:

This refers to your letters of July 23, 1982 and September 15, 1982 in response to the Notice of Violation and Proposed Imposition of Civil Penalty sent to you with our letter of June 25, 1982. Our June 25 letter concerned a violation found by our Resident Inspector on March 23, 1982, during a special inspection con ducted on March 23 - April 1, 1982 of activities at the Oconee Nuclear Station, Unit No. 1. The circumstances are contained in Region II Inspection Report No. 50-269/82-1 After careful consideration of your response, we have concluded that the civil penalty as proposed is appropriate for the reasons given in the enclosed Orde However, with regard to the condition identified as Item 2 in the Notice, we agree with your argument, based on tests you performed on July 1, 1982, that the initiating channel for the reactor building spray system was operable within Technical Specification limits even with the cap missing from the instrument test tee. Therefore, Item 2 in the Notice of Violation and Proposed Imposition of Civil Penalty is hereby withdraw Our letter which transmitted the Notice of Violation and Proposed Imposition of Civil Penalty indicated that the penalty was being proposed to emphasize the need to ensure that procedures affecting safe operation were meticulously followe We note that although your response addressed the conditions created by the failure to follow an approved procedure and also discussed procedural revisions, it did not describe corrective actions planned or taken to ensure that procedures are meticulously followed in accordance with your Technical Specification Therefore, please provide, within thirty days from the date of this letter, an additional response to the Notice of Violation which includes the information required by 10 CFR 2.201 relative to the failure to follow procedure Your attention is also invited to Paragraph D.2 of the Appendix to the Order (Evaluations and Conclusions) which describes the implementation of the NRC Confirmatory Order, dated July 10, 1981, directing Duke Power Company to take certain actions described in NUREG-0737. You are requested to reexamine your program for independent verification of correct performance of operating activi ties to ensure that the required verifications are performed in accordance with I.C.6 of NUREG-073 CERTIFIED MAIL 8211080311 621012 RETURN RECEIPT REQUESTED PDR ADOCK 05000269 G

PDR

OCT 1 2 1982 Duke Power Company

- 2 With regard to your concern about the issuance of a public announcement by the NRC at the time civil penalties are proposed, that issue will be addressed in separate correspondenc 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 the enclosures will be placed in the NRC's Public Document Roo The responses directed by this letter and the enclosures are not subject to the clearance procedures of the Office of Management and Budget under the Paperwork Reduction Act of 1980, PL 96-51

Sincerely, Ric ard C. DeYoung, Director Office of Inspection and Enforcement Enclosure:

Order Imposing Civil Monetary Penalty cc w/encl:

J. E. Smith, Station Manager Distribution PDR Hon. Daniel R. McLeod NSIC Attorney General LPDR Robert C. Dennis Office Building ACRS P. 0. Box 11549 SECY Columbia, SC 29211 CA RCDeYoung, IE Rudolph Mitchell, Chairman JHSniezek, IE Public Service Commission JAxelrad, IE 111 Doctor's Circle VStello, DED/ROGR Columbia, SC 29203 JLieberman, ELD JPO'Reilly, RH HDenton, NRR FIngram, PA Director, ES, RI, RH, RIII, RIV, RV EA File ES File GBarber, IE Resident Inspector, Oconee E :I I~~m G

Robert C. Dni Of RDBYo ud g

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