IR 05000454/1984087
| ML20205K699 | |
| Person / Time | |
|---|---|
| Site: | Byron  |
| Issue date: | 03/26/1987 |
| From: | Davis A NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | |
| Shared Package | |
| ML20205K682 | List: |
| References | |
| EA-87-016, EA-87-16, NUDOCS 8704020016 | |
| Download: ML20205K699 (2) | |
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i NOTICE OF-VIOLATION
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AND PROPOSED IMPOSITIUR 0F CIVIL PENALTY
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Commonwealth Edison Company Docket No. 50-454
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Byron Nuclear Power Station, Unit 1 License No. NPF-37 j
EA 87-16 During an NRC inspection conducted on December 31, 1984'- February 14, 1985, and an NRC investigation conducted March 15, 1985 - July 24,ith the " General 1986, a vio i
of the Byron Unit 1 license was identified.
In accordance w
Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C (1986), the Nuclear Regulatory Commission proposes to impose a j
civil penalty pursuant to Section 234 of the Atomic Energy Act of 1954, as amended (Act), 42 U.S.C. 2282 PL 97-295, and 10 CFR 2.2%.
The particular j
violationandassociatedcivilpenaltyaresetforthbelow:
Byron Nuclear Power Station, Unit 1 Operating License No. NPF-37
Section 2.C.(3), required that the licensee conduct the post-fuel' loading
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Report (FSAR) program as described in Chapter 14 of the Final Safety Analysis initial test j
,asamended,withoutmakinganymajorgrogrammodification
i unless such modification had prior NRC approval.
Major program modifications as defined in this license section included changes to the acceptance criteria
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for a sefety-related test.-
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l Contrary to the above, on January 31, 1985, thelicenseeimplementedamajor program modification to the post-fuel-loading initial test program without
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j prior NRC approval.
The Project Engineering Section Manager approved the results of Startup Test 2.63.32, " Reactor Coolant Flow Coastdown," a
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safety-related test, based on an acceptance criterion different from that in FSAR Chapter 14 dated June 1984.
The results of that test did not satisfy the approved acceptance criterion in FSAR Chapter 14.
The licensee had not requested, nor had the NRC approved, a change of that acceptance criterion.
This violation occurred because of careless disregard for the operating license
requirements.
j This is a Severity Level III violation (Supplement I).
i Civil Penalty - $50,000.
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Pursuant to the provisions of 10 CFR 2.201, Commonwealth Edison Company is
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l hereby required to submit a written statement or explanation to the Director, j
Office of Inspection and Enforcement, U.S. Nuclear Regulatory Commission,
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Washington, Commission, Region III, 799 Roosevelt Road, Glen Ellyn, IL 60137,D
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Regulatory j
within 30 days of the date of this Notice.
This reply should include for each
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alleged violation:
(1) admission or denial of the alleged violation, (2) the i
been taken and the results achieved, (4)(3) the corrective steps that havethe correct reasons for the violation, if admitted, l
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taken to avoid further violations, and (5) the date when full compliance will
8704020016 870326
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PDR ADOCK 0500
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be achieved.
If an adequate reply is not received within the time specified in this Notice, the Director, Office of Inspection and Enforcement, may issue an order to show cause why the license should not be modified, suspended, or
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i revoked or why such other action as may be proper should not be taken.
Consideration may be given to extending the response time for good cause shown.
Under the authority of Section 182 of the Act, 42 U.S.C. 2232, this response shall be submitted under oath or affirmation.
Within the same time as provided for the response required above under 10 CFR 2.201, Commonwealth Edison Company may pay the civil penalty by letter addressed to the Director, Office of Inspection and Enforcement, with a check,
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di af t, or money order payable to the Treasurer of the United States in the amount of Fifty Thousand Dollars ($50,000) or may protest imposition of the civil penalty in whole or in part by a written answer addressed to the
Director, Office of Inspection and Enforcement.
Should Commonwealth Edison Company fail to answer within the time specified, the Director, Office of Inspection and Enforcement, will issue an order imposing the civil penalty in the amount proposed above.
Should Commonwealth Edison Company elect to file an answer in accordance with 10 CFR 2.205 protesting the civil penalty, such answer may:
(1) deny the violation listed in this Notice in whole or in (2) demonstrate extenuating circumstances, (3) show error in this Notice,part, or (4) show other reasons why the penalty should not be imposed.
In addition to protesting the civil penalty in whole or in part, such answer may request
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remission or mitigation of the penalty.
In requesting mitigation of the proposed penalty, tile five factors addressed in Section V.B of 10 CFR Part 2, Appendix C (1986) should be addressed.
Any written answer in accordance with 10 CFR 2.205 should be set forth separately from the statement or explanation in reply pursuant to 10 CFR 2.201 but may incorporate parts of the 10 CFR 2.201 reply by s page and paragraph numbers) to avoid repetition.pecific reference (e.g., citing Commonwealth Edison Company's attention is directed to the other provisions of 10 CFR 2.205, regarding the procedure for imposing a civil penalty.
Upon failure to pay any civil penalty due which has been subsequently determined in accordance with the applicable provisions of 10 CFR 2.205, this matter may be referred to the Attorney General, and the penalty, unless compromised, remitted, or mitigated, may be collected by civil action pursuant to Section 234c of the Act, 42 U.S.C. 2282.
FOR THE NUCLEAR REGULATORY COMMISSION dBJ M A. Bert Davis Acting Regional Administrator Dated at Glen Ellyn, Illinois this M day of March 1987
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