ML16154A634
| ML16154A634 | |
| Person / Time | |
|---|---|
| Site: | Oconee  |
| Issue date: | 08/02/1994 |
| From: | NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | |
| Shared Package | |
| ML16154A633 | List: |
| References | |
| EA-94-104, NUDOCS 9408090070 | |
| Download: ML16154A634 (2) | |
Text
NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY Duke Power Company Docket No.
50-269 Oconee Nuclear Station License No. DPR-38 Unit 1 EA 94-104 During an NRC inspection conducted on May 1 - June 4, 1994, 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, 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.
Violation Assessed a Civil Penalty Technical Specification 6.4.1.b requires that approved written procedures with appropriate check-off lists and instructions be provided for refueling operations.
Refueling Procedure OP/1/A/1502/07, Enclosure 5.2, Refueling Verification Form, Step 38, requires that fuel assembly 75V, located in the spent fuel pool in position L1, be placed in the reactor core at location M4.
Contrary to the above, on May 26, 1994, the licensee failed to perform Unit 1 refueling activities in accordance with procedure OP/1/A/1502/07, in that fuel assembly 75L, which was originally located in the spent fuel pool in position K1, was installed in reactor core location M4. (01014)
This is a Severity Level IV violation and applies to Unit 1 (Supplement I).
Civil Penalty - $15,000 II. Violation Not Assessed a Civil Penalty Technical Specification 6.4.1.b requires that the station be operated and maintained in accordance with approved procedures and that written procedures with appropriate check-off lists and instructions be provided for refueling operations.
Procedure OP/1/A/1502/07, Refueling Procedure, was established to describe the procedure to be followed for refueling.
Contrary to the above, on May 25, 1994, procedure OP/1/A/1502/07 was inadequate in that it did not contain revised steps to delineate the refueling sequence deviations to support nuclear instrumentation testing during the reload of the reactor core. (02014)
This is a Severity Level IV violation and applies to Unit 1 (Supplement I).
Pursuant to the provisions of 10 CFR 2.201, Duke Power 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 of Violation and Proposed Imposition of Civil Penalty (Notice). This reply should be clearly marked as a "Reply to a Notice of 9408090070 940802 PDR ADOCK 05000269 a
Notice of Violation and Proposed UG 2 994 Imposition of Civil Penalty Violation" and should include for each alleged violation:
(1) admission or denial of the alleged violation, (2) the reasons for the violation if admitted, and if denied, the reasons why, (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 or a Demand for Information may be issued as to 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 addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, with a check, draft, money order, or electronic transfer payable to the Treasurer of the United States in the amount of the civil penalty proposed above, or the cumulative amount of the civil penalties 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 accordance 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 violations 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 in whole or in part, such answer may request remission or mitigation of the penalty.
In requesting mitigation of the proposed penalty, the factors addressed in Section VI.B.2 of 10 CFR Part 2, Appendix C, 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 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.
The response noted above (Reply to 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, D.C. 20555 with a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, Region II, Atlanta, Georgia, and a copy to the NRC Resident Inspector at the Oconee Nuclear Station.
Dated at Atlanta, Georgia this 2Saday of August 1994