ML16341A261
| ML16341A261 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 09/24/1984 |
| From: | Deyoung R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| To: | |
| Shared Package | |
| ML16341A260 | List: |
| References | |
| EA-84-088, EA-84-88, NUDOCS 8409260106 | |
| Download: ML16341A261 (6) | |
Text
NOTICE OF VIOLATION Pacific Gas and Electric Company Diablo Canyon Nuclear Power Plant Unit No.
1 Docket No. 50-275 License No.
DPR-76 EA 84-88 On October 20, 1983, counsel for the Joint Intervenors in the Diablo Canyon operating license proceeding filed a motion before the Commission to revoke the low power license for Unit 1 of the Diablo Canyon Nuclear Power Plant or, alternatively, to continue the suspension of the license.
The Joint Intervenors'otion rested on the alleged failure of the Pacific Gas and Electric Company (PGSE or the licensee) to report the existence of a 1977 audit performed by Nuclear Services Corporation (NSC) of the Pullman Power Products (Pullman) quality assurance program.
Pullman was the principal piping.
contractor for the Diablo Canyon Nuclear Project.
The Director of the Office of Inspection and Enforcement denied the petition in a Director's Decision (DD-84-8, 19 NRC 924) dated March 26, 1984.
- However, he found that the licensee should have reported the results of the NSC audit to the NRC.
The Director found the licensee's failure to report the audit to the NRC constituted a material false statement. under section 186 of the Atomic Energy Act of 1954, as amended.
Intent to mislead or to withhold information is not a prerequisite to the finding of a material false statement under section 186.
No intent to mislead was found in this case.
The Commission affirmed the Director's decision to issue a Notice of Violation by Order dated August 20, 1984, and.determined that the violation should be categorized at a Severity Level III.in-accordance with the NRC Enforcement
- Policy, 10- CFR Part 2, Appendix C, as published on March 8, 1984 (49 FR 8583).
The violation is set forth below:
A "full disclosure" doctrine has developed in NRC case law interpreting section 186 of the Atomic, Energy Act of 1954, as amended.
The Commission has imposed an obligation on licensees and appl.icants to ensure that relevant and material information which is capable of influencing a reasonable agency expert in the licensing process is promptly furnished to the Commission.
The Commission has noted that "t.a]t the hearing stage...where agency decisionmaking is imminent, arguably relevant data must be promptly furnished if the agency is to perform its function." 1/
Contrary to the above requirement, PGSE made a material false statement by omission due to its failure in February 1978 to disclose the Nuclear Services Corporation audit at a time when'the Licensing Board was attempting to develop a record on quality assurance.
The results of the audit revealed apparent significant quality assurance problems which would have prompted the NRC staff to seek further information.
This is a Severity Level III violation.,
1/ Vir inia Electric Power Co. (North Anna Power Station, Units 1 5 2),
CLI- - 2, NRC 8
, 488 1976), aff'd sub nom. Vir inia Electric 5 Power Co.
v.
NRC, 571 F.2d 1289 (4th Cir. 1978 8409260106 840924 PDR ADOCK 05000275 8
Notice of Violation Pursuant to the provisions of 10 CFR 2.201, Pacific Gas and Electric Company is hereby required to submit to this office within 30 days of the date of this Notice a written statement or explanation, including:
(1) admission or denial of the alleged violation; (2) the reasons for the violation if admitted; (3) the corrective steps which will be taken to avoid further violations; and (5) the date when full compliance will be achieved.
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.
FOR THE NUCLEAR REGULATORY COMMISSION Dated at Bethesda, Maryland this/
ay of September 1984 Richard C.
e oung,
'rector Office of pection and Enforcement
t II
Pacific Gas and Electric Company Distribution PDR NSIC LPDR ACRS SECY CA RCDeYoung, IE
- VStello, DED/ROGR
- FIngram, PA
- JBMartin, RV Enforcement Coordinators RI, RII, RIII, RIV, RV GMessenger, OIA
- BHayes, OI
- HDenton, NRR
- EJordan, IE
- JPartlow, IE JGagliardo, IE Resident Inspector, Diablo Canyon Leonard Grimes, President Public Utilities Commission 350 McAllister Street San Francisco, CA 94102 IE:ES File IE:EA File EDO Rdg Fi 1 e DCS John K. Van de Kamp Attorney General Executive Office Department of Justice 555 Capital Mall, Suite 350 Sacramento, CA 95814 Radiologic Health Section Department of Health Services 714 P. Street, Room 498 Sacramento, CA 95814 IE:ES IGLglg ELD ~
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