ML16154A617

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Forwards Insp Repts 50-269/94-16 & 50-270/94-16 & 50-287/94-16 on 940501-0604 & Notice of Violation Re Failure of Licensee to Designate 3A Deborating Demineralizer by Chemistry for Use in de-lithiation of RCS
ML16154A617
Person / Time
Site: Oconee  Duke Energy icon.png
Issue date: 06/16/1994
From: Jerrica Johnson
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To: Hampton J
DUKE POWER CO.
Shared Package
ML16154A618 List:
References
NUDOCS 9406290223
Download: ML16154A617 (5)


See also: IR 05000269/1994016

Text

JUN 1 6 L994

Docket Nos. 50-269, 50-270, and 50-287

License Nos. DPR-38, DPR-47, and DPR-55

Duke Power Company

ATTN: Mr. J. W. Hampton

Vice President, Oconee Site

P. 0. Box 1439

Seneca, SC 29679

Gentlemen:

SUBJECT:

NOTICE OF VIOLATION

(NRC INSPECTION REPORT NOS. 50-269/94-16, 50-270/94-16 AND

50-287/94-16)

This refers.to the inspection conducted by P. E. Harmon of this office on

May 1 - June 4, 1994. The inspection included a review of activities

authorized for your Oconee facility. At the conclusion of the inspection, the

findings were discussed with those members of your staff identified in the

enclosed inspection report.

Areas examined during the inspection are identified in the report. Within

these areas, the inspection consisted of selective examinations of procedures

and representative records, interviews with personnel, and observation of

activities in progress.

Based on the results of this inspection, certain activities appeared to be in

violation of NRC requirements, as specified in the enclosed Notice of

Violation (Notice). Although the consequences of the subject activity were

minimal, the very nature of an inadvertent dilution of the Reactor Coolant

System makes this violation a concern.

You are required to respond to this letter and should follow the instructions

specified in the enclosed Notice when preparing your response. In your

response, you should document the specific actions and any additional actions

you plan to prevent recurrence. After reviewing your response to this Notice,

including your proposed corrective actions and the results of future

inspections, the NRC will determine whether further NRC enforcement action is

necessary to ensure compliance with the NRC regulatory requirements.

Also based on results of the inspection, an apparent violation was identified

and is being considered for escalated enforcement action in accordance with

the "General statement of Policy and Procedure for NRC Enforcement Actions"

(Enforcement Policy), 10 CFR Part 2, Appendix C. The apparent violation

involved two instances of inadequate control over refueling activities. This

issue is of considerable concern because corrective actions for similar

O

instances in the past have been ineffective in precluding recurrence.

9406290223 940616

PDR

ADOCK 05000269

G

PDR

Duke Power Company

2

JUN16 1994

Accordingly, no Notice of Violation is presently being issued for these

inspection findings. Please be advised that the number and characterization

of the apparent violations described in the enclosed inspection report may

change as a result of further NRC review.

An enforcement conference to discuss this apparent violation has been

scheduled for June 29, 1994, in the NRC Region II office. The decision to

hold an enforcement conference does not mean that the NRC has determined that

a violation has occurred or that enforcement action will be taken. The

purposes of this conference are to discuss the apparent violation, its cause

and safety significance; to provide you the opportunity to point out any

errors in our inspection report; to provide an opportunity for you to present

your proposed corrective actions. In addition, this is an opportunity for you

to provide any information concerning your perspectives on 1) the severity of

the violation, 2) the application of the factors that the NRC considers when

it determines the amount of a civil penalty that may be assessed in accordance

with Section VI.B.2 of the Enforcement Policy to this case, including the

exercise of discretion in accordance with Section VII.

You will be advised by

separate correspondence of the results of our deliberations on this matter.

No response regarding the apparent violation is required at this time.

In accordance with 10 CFR 2.970 of the NRC's "Rules of Practice", a copy of

this letter and its enclosures will be placed in the NRC Public Document Room

(PDR).

To the extent possible, your response should not include any personal

privacy, proprietary, or safeguards information so that it can be placed in

the PDR without redaction. However, if you find it necessary to include such

information, you should clearly indicate the specific information that you

desire not to be placed in the PDR, and provide the legal basis to support

your request for withholding the information from the public.

The responses directed by this letter and the enclosed Notice are not subject

to the clearance procedures of the Office of Management and Budget as required

by the Paperwork Reduction Act of 1980, Pub. L. No.96-511.

Should you have any questions concerning this letter, please contact us.

Sincerely,

MARVIN V. S~vKUbU

ct

Jon R. Johnson, Acting Director

Division of Reactor Projects

Enclosures:

1. Notice of Violation

2. NRC Inspection Report

cc w/encls (See page 3)

Duke Power Company

3

cc w/encls cont'd:

Mr. Steve Benesole

Compliance

Duke Power Company

P. 0. Box 1439

Seneca, SC 29679

Mr. A. V. Carr, Esq.

Duke Power Company

422 South Church Street

Charlotte, NC 28242-0001

Mr. Robert P. Gruber

Executive Director

Public Staff - NCUC

P. 0. Box 29520

Raleigh, NC

27626-0520

Mr. Robert B. Borsum

Babcock and Wilcox Company

Nuclear Power Generation Division

1700 Rockville Pike, Suite 525

Rockville, MD 20852

Mr. 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

Mr. Max Batavia, 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

Mr. G. A. Copp

Licensing - EC050

Duke Power Company

P. 0. Box 1006

Charlotte, NC 28201-1006

cc w/encls cont'd:

(See page 4)

Duke Power Company

4

JUN16 1994

cc w/encls cont'd:

Ms. Karen E. Long

Assistant Attorney General

N. C. Department of Justice

P. 0. Box 629

Raleigh, NC

27602

bcc w/encls:

L. A. Wiens, NRR

M. Satorius, OE

J. Gray, OE

B. Uryc, RII

L. Watson, RH

R. Carroll, RH

M. V. Sinkule, RII

Document Control Desk

NRC Resident Inspector

U.S. Nuclear Regulatory Commission

Route 2, Box 610

Seneca, SC 29678

  • SEE CONCURRENCE PAGE FOR SIGNATURES.

RII:DRP

RII:DRP

RII:EICS

RCarroll

MSinkule

BUryc

06/ /94

06/

/94

06/ /94

Duke Power Company

5

JUN jl 6 1994

bcc w/encls:

L. A. Wiens, NRR

M. Satorius, OE

J. Gray, OE

B. Uryc, RH

L. Watson, RII

R. Carroll, RII

M. V. Sinkule, RII

Document Control Desk

NRC Resident Inspector

U.S. Nuclear Regulatory Commission

Route 2, Box 610

Seneca, SC 29678

RII:DRP

RII:DRP

ICS

arroll

MSinkule

Ury;

06//6/94

06/- /94

06/ /94