IR 05000625/2007019
| ML17346B209 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point, 05000625  |
| Issue date: | 06/25/1986 |
| From: | Grace J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | |
| Shared Package | |
| ML17346B208 | List: |
| References | |
| EA-86-028, EA-86-28, NUDOCS 8607100390 | |
| Download: ML17346B209 (7) | |
Text
NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY Florida Power and Light Company Turkey Point Unit 3 Docket No. 50-250 License No.
DPR-31 EA 86-28 During an NRC inspection conducted on August 1, 1985 January ll, 1986, a
violation of NRC requirements was identified.
The violation involved a failure of plant personnel to complete testing and administrative requirements before declaring a newly installed neutron flux instrumentation system operable.
In accordance with the "General Statement of Policy and Procedure for NRC Enforcement Actions,"
CFR Part 2, Appendix C (1986), the Nuclear Regulatory Commission proposes to impose a civil penalty pursuant to Section 234 of the Atomic Energy Act of 1954, as amended ("Act"), 42 U.S.C.
2282, PL 96-295, and
CFR 2.205.
The particular violation and associated civil penalty are set forth below:
On July 15, 1985 the NRC ordered that certain modifications and schedules proposed in Florida Power and Light Company ( FP&L) correspondence dated May 10, 1985, be implemented prior to start-up following the Cycle
refueling outage.
Modifications included the installation of two redundant safety grade channels for full-range neutron flux indication and the associated star t-up testing, revision of plant procedures and operator training.
CFR Part 50, Appendix B, Criterion V, requires that activities affecting quality be prescribed by documented instructions, procedures, or drawings of a type appropriate to the circumstances and be accom-plished in accordance with these instructions, procedures, or drawings.
FP&L Topical Quality Assurance Report, Topical Quality Requirement (TQR) 5.0, Revision 5, dated June 10, 1985, as accepted by the NRC, implements
CFR Part 50, Appendix B, Criterion V.
CFR Part 50, Appendix B, Criterion XI requires, in part, that a test program be established to assure that all testing required to demonstrate that structures, systems, and components will perform satisfactorily is identified and performed.
The test program must include, as appropriate, preoperational tests, start-up tests, and operational tests.
Test results shall be documented and evaluated to assure that test requirements have been satisfied.
FP&L Topical Quality Assurance Report, TQR 11.0, Revision 1, dated June 10, 1983, as accepted by the NRC, implements
CFR Part 50, Appendix B, Criterion XI.
Contrary to the above, on June 25, July 3, July 10, and July 19, 1985, plant personnel improperly documented that the calibration of neutron flux instrumentation channels had been accomplished in accordance with instructions, although the power-range calibration required by procedure PCM 83-199 had not been completed for either instrument channel.
Subsequently, on July 18, 1985, after the Cycle 10 refueling outage, the plant returned to power operation without the associated start-up testing, the revision of plant procedures or operator training for the neutron flux monitors being completed, thereby not satisfying the requirements of the July 15, 1985 Order.
This is a Severity Level III violation (Supplement I).
(Civi 1 Penal ty $50,000)
Bb07100390 Bb0b25 I
PDR ADOCH, 05000250
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-2-Notice of Violation Pursuant to the provisions of 10 CFR 2.201, Florida Power and Light Company is hereby required to submit to the Director, Office of Inspection and Enforcement, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, with a copy of the 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.
Regional Administrator, U;S. Nuclear Regulatory Commission, Region II, within 30 days of the date of this Notice a written statement or explanation including for each alleged violation: (1) admission or denial of the alleged violation, (2) the reasons for the violation if admitted, (3) the corrective steps which will be taken and the results achi,eved, (4) the corrective steps which will be taken to avoid further violations, and (5) the date when full compliance will 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 revoked or Within the same time as provided for the response required above under
CFR 2.201, Florida Power and Light Company may pay the civil penalty by letter addressed to the Director, Office of Inspection and'Enforcement, with a check, draft, or money order payable to the Treasurer of the United States in the cumulative 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 Florida Power and Light 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 Florida Power and Light 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 part, (2) demonstrate extenuating circumstances, (3)
show error in thi s Notice, 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 remission or mitigation of the penalty.
In requesting mitigation of the proposed penalty, the five factors addressed in Section V.B of 10 CFR Part 2, Appendix C should be addressed.
Any written answer in accordance with 10 CFR 2 '05 should be set forth separately from the statement or explanation in reply pursuant to 10 CFR 2.201 but may incorporate parts of the
CFR 2.201 reply by specific reference (e.g., citing page and paragrah numbers) to avoid repetition.
Florida Power and Light 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
- 3-be referred to the Attorney General, and the penalty, unless compromised,'emitted, 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 Original Signed by Roger D. Walker J
~ Nelson Grace Regional Administrator Dated at 'Atlanta, Georgia this
day of June 1986
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