ML14175B491
| ML14175B491 | |
| Person / Time | |
|---|---|
| Site: | Robinson  |
| Issue date: | 11/13/1987 |
| From: | Grace J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | |
| Shared Package | |
| ML14175B490 | List: |
| References | |
| 50-261-87-17, 50-261-87-6, EA-87-124, NUDOCS 8711200319 | |
| Download: ML14175B491 (4) | |
Text
NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY Carolina Power and Light Company Docket Nos. 50-261 H. B. Robinson License No. DPR-23 EA-87-124 During the Nuclear Regulatory Commission (NRC) inspection conducted on March 9-April 15, and May 26-29, 1987, violations of NRC requirements were identified. In accordance with the "General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C (1987), 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, and 10 CFR 2.205.
The particular violations and associated civil penalty are set forth below:
I.
10 CFR 50.48 requires, in part, that the licensee implement fire protec tion features to assure fire protection of safe shutdown capability in accordance with Section III.G of 10 CFR Part 50, Appendix R. The licensee elected to install a dedicated shutdown capability pursuant to Section III.G.3 of Appendix R and was required to do so by March 24, 1986.
Section III.L.3 of Appendix R required the licensee to have procedures in effect to implement this shutdown capability.
Technical Specification 6.5.1.1.1.f requires that written procedures shall be established, implemented, and maintained for the Fire Protection Program.
Contrary to the above, the licensee failed to adequately establish, imple ment and maintain procedures to carry out the dedicated shutdown capability in the event of a fire in the control room. Specific examples of these failures include the following:
A. Failure to Establish Procedures
- 1. On March 24, 1987, plant operating procedures were not adequately established in that the procedure entry conditions were insufficient to ensure that Dedicated Shutdown Procedure (DSP) - 001, Hot Shutdown Using the Dedicated/Alternate Shutdown System, was entered only when required. In particular, the lack of decision points in the proce dures may not preclude unwarranted deenergization of all AC power sources.
- 2. On March 24, 1987, the Dedicated Shutdown Procedures did not provide directions for controlling the AFW pump speed controller.
- 3. On March 24, 1987, DSP-011, contained an incorrect cable routing diagram for the repair of the PORV control power.
8711200319 871113 PDR ADOCK 05000261 G
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- 4. On May 26-29, 1987, DSP-007 did not provide (1) specific acceptance criteria for parameters related to control and verification, (2) charts and tables required for performing necessary calculations and evalua tions, and (3) the locations for local valves and breakers which were required to be operated.
B. Failure to Implement Procedures
- 1. As evidenced during the walkdown of DSP-002 and 007 on May 26-29, 1987, the licensee's employees failed to properly implement procedures to demonstrate dedicated shutdown capability. The personnel observed by the NRC could not readily locate essential valves and breakers; locate necessary repair equipment such as cables and instruments; locate security keys and access required areas; locate or properly utilize required charts and tables associated with the procedures; and were unfamiliar with specific setpoints and requirements such as minimum boron concentration or the steam generator water level high band.
- 2. On March 24-25, 1987, the implementation of DSP-001 was not adequate in that the necessary communication between operating stations could not be accomplished. The portable radio system, the only communica tion system available under this DSP, could not provide communica tions essential to the dedicated shutdown evolutions and coordination.
This is a Severity Level III violation (Supplement I).
Civil Penalty - $50,000 II. Violation not assessed a civil penalty 10 CFR Part 50, Appendix R, Section III.J, requires, in part, that emer gency lighting units with at least an eight-hour battery power supply shall be provided in all areas needed for operation of safe shutdown equipment and in access and egress routes thereto.
Contrary to the above, on March 24-25, 1987, emergency lighting units were not provided in several areas needed for operation of safe shutdown equip ment. These areas included the dedicated shutdown diesel enclosure and local operating panel, and the auxiliary feedwater (AFW) local control area. Subsequent reviews by the licensee noted additional dedicated shutdown areas where emergency lighting was non-existent, inadequate, or improperly directed and also noted a large number of emergency lights and battery packs out for maintenance.
This is a Severity Level IV violation (Supplement I).
- 3 Pursuant to the provisions of 10 CFR 2.201, Carolina Power and Light Company (licensee) is hereby required to submit a written statement or explanation to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, within 30 days of the date of this Notice. This reply should be clearly marked as a "Reply to a Notice of Violation" and should include for each alleged violation:
(1) admission or denial of the alleged violation, (2) the reasons for the violation if admitted, (3) the corrective steps that have been taken and the results achieved, (4) the corrective steps that 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, an order may be issued to show cause why the license should not be modified, suspended, or 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, the licensee may pay the civil penalty by letter to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, with a check, draft, or money order payable to the Treasurer of the United States in the amount of the civil penalty proposed above, or the cumulative amount of the civil penal ties if more than one civil penalty is proposed, or may protest imposition of the civil penalty in whole or in part by a written answer addressed to the.
Director, Office of Enforcement, U.S. Nuclear Regulatory Commission. Should the licensee fail to answer within the time specified, an order imposing the civil penalty will be issued. Should the licensee elect to file an answer in ac cordance with 10 CFR 2.205 protesting the civil penalty, in whole or in part, such answer should be clearly marked as an "Answer to a Notice of Violation" and may:
(1) deny the violation(s) listed in this Notice in whole or in part, (2) demonstrate extenuating circumstances, (3) show error in this Notice, or (4) show other reasons why the penalty should not be imposed. In addition to protesting the civil penalty, 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 (1987), should be addressed. Any written answer in accordance with 10 CFR 2.205 should be set forth separately from the statement or explanation-inhre-plyfUrsuant 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 repetition. The attention of the licensee 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 subsequently has been 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. 2282c.
- 4 The responses to the Director, Office of Enforcement, noted above (Reply to a Notice of Violation, letter with payment of civil penalty, and Answer to a Notice of Violation) should be addressed to:
Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, ATTN:
Document Control Desk, Washington, DC 20555 with a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, Region II, and, a copy to NRC Resident Inspector, at the facility which is the subject of this Notice.
FOR THE NUCLEAR REGULATORY COMMISSION ORIGINAL SIGNED BY3 J. NELSON GRACE J. Nelson Grace Regional Administrator Dated at Atlanta, Georgia thisi 3 day of November 1987