ML15239A420

EN-97-078:on 970827,notice of Proposed Imposition of Civil Penalty in Amount of $330,000 Issued to Licensee.Action Based on Severity Level II Violation,Identified During Unit 2 Shutdown on 970502,involving High Pressure Sys

ML15239A420
Person / Time
Site:	Oconee
Issue date:	08/22/1997
From:	Satorius M, Uryc B NRC OFFICE OF ENFORCEMENT (OE)
To:
References
EA-97-297, EA-97-298, EN-97-078, EN-97-78, NUDOCS 9709030235
Download: ML15239A420 (2)

Text

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CATEGORY 1 REGULATORY INFORMATION DISTRIBUTION SYSTEM (RIDS)

ACCESSION NBR:9709030235 DOC.DATE: 97/08/22 NOTARIZED: NO DOCKET #

FACIL:50-270 Oconee Nuclear Station, Unit 2, Duke Power Co.

05000270 AUTH.NAME AUTHOR AFFILIATION SATORIUS,M.

Ofc of Enforcement (Post 870413)

URYC,B.

Ofc of Enforcement (Post 870413)

RECIP.NAME RECIPIENT AFFILIATION

SUBJECT:

EN-97-078:on 970827,notice of proposed imposition of civil penalty in amount of $330,000 issued to licensee.Action based on Severity Level II violation,identified during Unit A

2 shutdown on 970502,involving high pressure s s found.

DISTRIBUTION CODE: IE33F COPIES RECEIVED:LTR ENCL I SIZE:

T TITLE: Enforcement Notice (EN)

E NOTES:

G RECIPIENT COPIES RECIPIENT COPIES ID CODE/NAME LTTR ENCL ID CODE/NAME LTTR ENCL INTERNAL: AEOD/SPD/RRAB 1

-RB R

NRR/DISP/PIPB 1

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1 NUDOCS FULL TXT 1

OE DIR 1

OE FILE 01 11 EXTERNAL: LITCO BRYCE,J H 1

NOAC 1

NRC PDR 1

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NOTE TO ALL "RIDS" RECIPIENTS:

PLEASE HELP US TO REDUCE WASTE.

TO HAVE YOUR NAME OR ORGANIZATION REMOVED FROM DISTRIBUTION LISTS OR REDUCE THE NUMBER OF COPIES RECEIVED BY YOU OR YOUR ORGANIZATION, CONTACT THE DOCUMENT CONTROL DESK (DCD) ON EXTENSION 415-2083 TOTAL NUMBER OF COPIES REQUIRED: LTTR ENCL 10

August 22. 1997

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EN 97-078 OFFICE OF ENFORCEMENT NOTIFICATION OF SIGNIFICANT ENFORCEMENT ACTION Licensee:

Duke Power Company (EA 97-297 & 97-298)

Oconee Nuclear Station Docket Nos. 50-269, 50-270, 50-287

Subject:

PROPOSED IMPOSITION OF CIVIL PENALTY - $330.000 This is to inform the Commission that a Notice of Violation and Proposed Imposition of Civil Penalties in the amount of $330,000 will be issued on or about August 27, 1997, to Duke Power Company for violations that occurred at its Oconee facility. The action is based on a Severity Level II violation, identified during a Unit 2 shutdown on May 2, 1997, involving the high pressure injection system being found in a condition where it would be unable to perform its intended function and a Severity Level III violation involving the failure to properly implement a required augmented inspection program for identifying cracks in the high pressure injection system piping that resulted in an unisolable reactor coolant leak on April 21, 1997.

Because of the high potential safety consequence of the inoperable high pressure injection system, the duration of the violation, and the prior opportunities the licensee had to identify the cause of the inoperability, the staff elected to exercise discretion pursuant to Section VII.A of the Enforcement Policy, and propose a civil penalty of $220,000, twice the maximum allowable statutory limit of $110,000 per day, in order to appropriately reflect the safety and regulatory significance of the violation. Discretion was also warranted for the Severity Level III violation and a civil penalty of

$110,000. twice the base civil penalty for a Severity Level III violation, is being proposed. Discretion was appropriate for this violation because of the particularly poor licensee performance in that the cracking: 1) affected all three units. 2) involved a known failure mode, 3) involved a significant failure in a regulatory commitment, and 4) resulted in an unisolable reactor coolant leak.

It should be noted that the licensee has not been specifically informed of the enforcement action. The schedule of issuance and notification is:

Mailing of Notice August 27, 1997 Telephone Notification of Licensee August 27, 1997 The State of South Carolina will be notified.

The licensee has thirty days from the date of the Notice in which to respond.

Following NRC evaluation of the response, the civil penalty may be remitted, mitigated, or imposed by Order.

Contacts: M. Satorius, OE (301) 415-2747. B. Uryc. Region II (404)562-4421 V a Distribution O

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Chairman Jackson EDO OC RI _____

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PA SP RES PUBLIC oz IP ACRS PRELIMINARY INFORMATION - NOT FOR PUBLIC DISCLOSURE UNTIL VERIFICATION THAT LICENSEE HAS RECEIVED ACTION