IR 05000721/2008028

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $75,000.Violations Noted:Alternate Shutdown Sys Not Operational During 850723-29 & Div 2 Hydrogen Recombiner Leaked in Excess of Tech Spec Limits During 850721-0828

ML20204F330
Person / Time
Site:	Fermi, 05000721
Issue date:	07/29/1986
From:	James Keppler NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:
Shared Package
ML20204F313	List: IR 05000721/2008028 ML20204F306
References
EA-86-112, NUDOCS 8608040158
Download: ML20204F330 (3)

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NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTIES Detroit Edison Company Docket No. 50-341 Fermi-2 License No. NPF-43 EA 86-112 During the NRC inspection conducted on July 1 - October 15, 1985, violations of NRC requirements were identified. In accordance with the " General Statement of Policy and Procedures for NRC Enforcement Actions," 10 CFR Part 2, Appendix C (1986) the NRC proposes to impose civil penalties pursuant to Section 234 of the Atomic Energy Act of 1954, as amended, ("Act"), 42 U.S.C. 2282, PL 96-295, and 10 CFR 2.20 The particular violations and the associated civil penalties are set forth below: License Condition of Section 2.C(9)(d) of the Fermi-2 Facility Operating License NPF-43, in the area of fire protection, states, in part, "The interim procedures and measures described in Section 9.5.1 and Appendix E of SSER #5 and #6 shall continue to be implemented, including removal of power from the Division I cooling tower bypass valve (No. E1150-F603A)

. . . during normal plant operation until the independent alternate [ shutdown]

system is declared operational."

Supplemental Safety Evaluation Report (SSER) 5, Appendix E,Section VI states in part that until the alternate shutdown system is actuated the licensee is required to remova power from the Division 1 cooling tower bypass valve during normal plant operation to prevent a spurious closur SSER 6, Appendix E,Section VII.D states in part that an alternate flow path can be used to ensure an Emergency Equipment Service Water (EESW)

flow path provided that Division 1 isolation valves (E1150-F604A/F605A)

are open with power remove This alternate flow path would satisfy License Condition 2.C(9)(d).

Contrary to the above, during the period July 23-29, 1985, while the plant was in Operational Condition 2, 3, or 4, and the alternate shutdown system was not operational, the cooling tower bypass valve (E1150-F603A) was closed. During this period, the alternate flow path isolation valves (E1150-F604A and F605A) were also close This is a Severity Level III violation (Supplement I).

(Civil Penalty - $25,000) Technical Specification (T.S.) 3.6.1.1 requires that primary containment integrity be maintained in Operational Conditions 1, 2, and Without primary containment integrity, T.S. 3.6.1.1 requires that primary containment integrity be restored within one hour or the reactor be in at least hot shutdown within the next 12 hours1.388889e-4 days <br />0.00333 hours <br />1.984127e-5 weeks <br />4.566e-6 months <br /> and in cold shutdown within

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the following 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> PDR ADOCK 05000341 G PDR 4 - _ __ . . - - --_ - - - -

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Notice of Violation 2 July 29, 1986 Contrary to the above, during the period June 21 to September 2, 1985, while in Operational Cenditions 2 or 3, primary containment integrity was not maintained nor were actions taken either to restore containment integrity within one hour or to proceed to cold shutdown within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> in that: From June 21, 1985 until its discovery on September 2,1985, primary containment monitoring system valve (T50-F071-A) was in an open position and with the line uncapped, thereby resulting in an open pathway from primary containment to the reactor buildin . From June 21, 1985 until its discovery on August 28, 1985, the Division 2 hydrogen recombiner had leakage in excess of allowable containment leakage limits specified in Technical Specification 3.6. This is a Severity Level III violation (Supplement I).

(Civil Penalty - S25,000) Technical Specification 3.5.1.c.1 requires that whenever the High Pressure Coolant Injection (HPCI) system is inoperable in Operational Condition 1, 2, and 3 and reactor pressure is greater than 150 psig, the Core Spray System (CSS), Low Pressure Coolant Injection (LPCI) system, Automatic Depressurization System (ADS) and Reactor Core Isolation Cooling (RCIC)

system must be operabl Technical Specification 3.0.3 specifies, in part, that when a Limiting Condition for Operation is not met, action shall be initiated to place the unit in startup within 6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br />, hot shutdown within the following 6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br />, and cold shutdown within the subsequent 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> Technical Specification 1.25 defines operability and specifies as a condition for operability of a system that all auxiliary equipment required for the system or subsystem must be capable of performing its related support functio Contrary to the above, on July 23 and 24,1985, while in Operational Condition 2 (startup) and with the HPCI system inoperable and reactor pressure greater than 150 psig, the RCIC system and Division 1 of CSS were inoperable in that the RCIC/ CSS rcom cooler was removed from service and action was not taken to place the reactor in hot shutdown within 6 hour6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> This is a Severity Level III violation (Supplement I).

(Civil Penalty - 525,000)

Pursuant to 10 CFR 2.201, should Detroit Edison Company wish to deny or add amplifying remarks to the violations, a written statement of denial is required to be submitted to this office within thirty days of the date of this Notic Detroit Edison Company's corrective actions for the violations already have been examined by the NRC. For this reason, the other requirements of 10 CFR 2.201 are considered to have been met.

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Notice of Violation 3 July 29, 1936 Within 30 days of the date of this letter, Detroit Edison Company may pay the civil penalties 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 Seventy-five Thousand Dollars (575,000)

or may protest imposition of the civil penalties in whole or in part by a written answer addressed to the Director, Office of Inspection and Enforcemen Should Detroit Edison Company fail to answer within the time specified, the Director, Office of Inspection and Enforcement, will issue an order imposing the civil penalties in the an.ount proposed above. Should Detroit Edison Company elect to file an answer in accordance with 10 CFR 2.205 protesting the civil penalties, such answer may: (1) deny the violations listed in the Notice, in whole or in part; (2) demonstrate extenuating circumstances; (3) show error in this Notice; or (4) show other reasons why the penalties should not be imposed. In addition to protesting the civil penalties in whole or in part, such answer may request remission or mitigation of the penaltie In requesting mitigation of the proposed penalties, the 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 specific reference (e.g., citing page and paragraph numbers) to avoid repetitio Detroit Edison Company's attention is directed to the other provisions of 10 CFR 2.205, regarding the procedure for imposing civil penaltie Upon failure to pay any civil penalties due, which have 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 penalties, unless compromised, remitted, or mitigatsd, may be colle:ted by civil action pursuant to Section 234c of the Act, 42 U.S.C. 228 FOR THE NUCLEAR REGULATORY COMMISSION

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James G. Keppler Regional Administrator j Dated at Bethesda, Maryland, this at* bay of July 1986.

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