ML16154A322

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Forwards Order Imposing Civil Penalty in Amount of $100,000 Re Violation Described in .Util 930225 Response to NOV Did Not Provide Sufficient Basis for Mitigation of Assessed Civil Penalty
ML16154A322
Person / Time
Site: Oconee  
Issue date: 05/14/1993
From: Sniezek J
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To: Hampton J
DUKE POWER CO.
Shared Package
ML16154A324 List:
References
EA-92-211, NUDOCS 9305180086
Download: ML16154A322 (3)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 MAY 14 1993 Docket Nos.

50-269, 50-270, and 50-287 License Nos. DPR-38, DPR-47, and DPR-55 EA 92-211 Duke Power Company ATTN:

Mr. J. W. Hampton Vice President Oconee Site Post Office Box 1439 Seneca, South Carolina 29679 Gentlemen:

SUBJECT:

ORDER IMPOSING CIVIL MONETARY PENALTY -

$100,000 OCONEE NUCLEAR STATION This refers to your letter dated February 25, 1993, in response to the Notice of Violation and Proposed Imposition of Civil Penalty (Notice) sent to you by our letter dated December 28, 1992.

Our letter and Notice described one violation, identified during an inspection conducted on September 26 -

November 3, 1992, at the Oconee Nuclear Station.

To emphasize the importance of ensuring that corrective actions for conditions adverse to quality are promptly developed and implemented, a civil penalty of $100,000 was proposed.

In your response, you requested that the civil penalty be mitigated because the cited violation was not safety significant and by itself does not warrant significant regulatory concern and that the particular example cited does not adequately consider all of the related information that accompanied the discovery and identification of the degraded Low Pressure Service Water System flow condition.

After consideration of your response, we have concluded for the reasons given in the Appendix attached to the enclosed Order Imposing Civil Monetary Penalty that a sufficient basis was not provided for mitigation of the assessed civil penalty.

Accordingly, we hereby serve the enclosed Order on Duke Power Company imposing a civil monetary penalty in the amount of

$100,000. We will review the effectiveness of your corrective actions during a subsequent inspection.

9305180086 930514 PDR ADOCK 05000269 G

PDR

Duke Power Company 2

In accordance with 10 CFR 2.790 of the NRC's "Rules of Practice",

a copy of this letter and the enclosure will be placed in the NRC's Public Document Room.

Sincerely, Ja es H. Sniezek D uty Executive Director for N clear Reactor Regulation, Regional Operations and Research

Enclosure:

Order Imposing Civil Monetary Penalty w/Appendix cc w/encl:

M. E. Patrick Compliance Duke Power Company P. 0. Box 1439 Seneca, SC 29679 A. V. Carr, Esq.

Duke Power Company 422 South Church Street Charlotte, NC 28242-0001 County Supervisor of Oconee County Walhalla, SC 29621 Robert B. Borsum Babcock and Wilcox Company Nuclear Power Generation Division 1700 Rockville Pike, Suite 525 Rockville, MD 20852 J. Michael McGarry, III, Esq.

Winston and Strawn 1400 L Street, NW Washington, D.C. 20005 Office of Intergovernmental Relations 116 West Jones Street Raleigh, NC 27603 cc w/encl con't:

(see next page)

Duke Power Company 3

cc w/encl con't:

Heyward G. Shealy, Chief Bureau of Radiological Health South Carolina Department of Health and Environmental Control 2600 Bull Street Columbia, SC 29201 Manager, LIS NUS Corporation 2650 McCormick Drive Clearwater, FL 34619-1035 G. A. Copp Licensing -

ECO50 Duke Power Company P. 0. Box 1006 Charlotte, NC 28201-1006 Karen E. Long Assistant Attorney General N. C. Department of Justice P. 0. Box 629 Raleigh, NC 27602