ML17053C128
| ML17053C128 | |
| Person / Time | |
|---|---|
| Site: | Nine Mile Point  |
| Issue date: | 11/26/1980 |
| From: | NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| To: | |
| Shared Package | |
| ML17053C127 | List: |
| References | |
| EA-81-008, EA-81-8, NUDOCS 8012100121 | |
| Download: ML17053C128 (8) | |
Text
APPENDIX A NOTICE OF YIOLATION Niagara Mohawk. Power Corporation Nine Mile Point Unit 1 Docket No.
50-220 License No.
DPR-63 This refers to the inspection and investigation conducted by representatives of the.NRC Region I (Philadelphia) Office at the Nine Mile Point Nuclear Station, Niagara Mohawk Power Corporation,
- Scriba, Oswego
- County, New. York of activities authorized by NRC License No.
During the inspection conducted on October 8, 10, 20-31, November 1 and 18, 1980 (Inspection Report No.
50-220/80-18) it appears that one of your activities was not conducted in full compliance. with NRC ORDER TO SHOW CAUSE dated January 2, 1980 as indicated below.
The Licensee was issued an immediately effective ORDER TO SHOM CAUSE dated January 2,
1980.
This Order stated,
"... IT IS HEREBY ORDERED THAT the Licensee show cause, in the manner hereinafter
- provided, why it should not:
By January 31, 1980, implement all "Category A" requirements (except the requirement of 2.1.7.a of NUREG-0578) referred to in Part II of this Order, except those for which necessary equipment is shown, by appropriate and timely documentary'ustification to the Director, Office of NRR, to be unavailable, or in the alternative, place and maintain 'its facilities in a cold shutdown or refueling mode of operation.
"Category A" requirements not implemented by January 31,
- 1980, owing to the unavailability'of necessary equipment shall be implemented within 30 days of the date such equipment becomes available but no later than June 1, 1980."
The Order referred to and incorporated the, October 30, 1979 clarification letter on the subject of "Category A" requirements.
"Category A" Item 2. 1. 8. b as described in this letter, required the licensee,to provide by January 31,
- 1980, a method to quantify noble gas releases as high as 10,000 curies per second, which meets the following requirements:
"Licensees are to implement procedures for estimating noble gas and radi'o-iodine release rates if the existing instrumentation goes off scale.
Examples of major elements of a highly radioactive effluent release special procedures (noble gas).
Preselected location to measure.radiation from the exhaust air,
- e. g., exhaust duct or sample line.
Provide shielding to minimize background interference.
Use of an installed monitor (preferable) or dedicated portable monitor (acceptable) to measure the radiation.
s)ozszoo 12.~
I
- ~
Appendix A (Continue Predetermined calculational method to convert the radiation level to radioactive effluent release rate."
The licensee's Answer to Show Cause dated January 22, 1980, submitted under oath, which the NRC staff relied upon in permitting continued operation of Nine Nile Point Unit 1 beyond January 31, 1980, stated that the actions on "Category A" Item 2. 1.8.b were completed on December 31, 1979.
Previously, by letter dated December 31, 1979, the licensee described the specific actions to be taken with regard to this item and stated that they would be completed by January I, 1980.
This description included the following statements:
f "guantification of higher level noble gas releases will be provided by means of a portable gamma survey instrument.
This instrument will be installed "such that it will monitor a portion of the sample line to the existing stack monitors..."
and "Background radiation wiTl be shielded by means of a lead cave built around the detector.'"
A)
Contrary to section 186 of the Atomic Energy. Act of 1954, the statement in the licensee's January 22, 1980 Answer to Show Cause stating that the
'Category A" Item 2.1. 8. b.had been completed by December 31, 1979 is a
material false statement.
It is false in at least two respects:
first, neither a high range survey instrument was installed nor was such instrument provided on a dedicated basis; and secondly, a lead cave to shield the instrument was not install'ed.
This false statement and each of its subparts are material in that meeting the requirement was necessary to mitigate the consequences of a postulated accident and the absence of meeting this requirement by January 31, 1980 required shutdown of the facility.
(Civil Penalty - $5,000)
B)
Contrary to the above the licensee operated its facility for 232 days during the period of February 1,
1980 to October 8, 1980 without a lead cave shield and without a portable gamma survey instrument installed or dedicated.
(This had the potential for aggravating an accident.
Each day this condition existed constitutes a separate violation and a civil penalty of S5,000 is proposed for 'each).
(Cumulative civil penalties
- 232 days between February 1,
1980 and October 8,
1980 - 232 x $5,000 ='$1.,160,000.)
Although the total civil penalties amount to $1,165,000, pursuant to Section 234 of the Atomic Energy Act of 1954, at the time of these violations, the total civil penalties for any thirty day period cannot exceed
$25,000.
Consequently, cumulative civil penalties in the amount of $225,000 are proposed.
This Notice of Violation is sent to you pursuant to the provisions of Section 2.201 of the NRC's "Rules of Practice,"
Part 2, Title 10, Code of Federal Regulations.
You are hereby required to submit'o this office within twenty-five days of the date of this notice, a written statement or explanation in reply,.including for each item of 'noncompliance:
I 4 I
II lg 8
APPENDIX B NOTICE OF PROPOSED IMPOSITION OF CIVIL PENAI TIES Niagara Mohawk Power Corporation Nine Mile Point Station Docket No.
,50-220 License No.
DPR-63 This office has considered the enforcement options available to the NRC including administrative actions in the form of written Notices of Violation, Civil Monetary Penalties, and Orders pertaining to the modification, suspension or revocation of a license..
Based on these considerations we propose to impose civil penalties pursuant to Section 234 of the Atomic Energy Act of 1954, as amended (42 USC 2282),
and to 10 CFR 2.205 in the cumulative amount of Two Hundred and Twenty-Five Thousand Dollars ($225,000) for the specific item of noncompliance set forth in Appendix A to the cover letter.
In proposing to impose civil penalties pursuant to this section of the Act and in fixing the proposed amount of the penalties, the factors identified in the Statements of Consideration published in the Federal Register with the rulemaking action which adopted 10 CFR 2.205 (36 FR 16894) August 26, 1971, and the "Criteria for Determining Enforcement Action," which was sent to NRC licensees on December 31, 1974, have been taken into account.
Niagara Mohawk Power Corporation may, within twenty five (25) days of receipt of this Notice pay the civil penalties in the cumulative amount or may protest the imposition of the civil penalties in whole, or in part by a written answer.
Should Niagara Mohawk Power Corporation fail to answer within the time specified, this office will issue an Order imposing the civil penalties in the amount proposed above.
Should Niagara Mohawk Power Corporation elect to file an answer protesting the civil penalties, such answer may (a) deny the item of noncompliance listed in the Notice of Violation in whole or in par t, (b) demonstrate extenuatinc circumstances, (c) show error in the. Notice of Violation, or (d) show other reasons why the penalties should not be imposed.
In addition to protesting the civil penalties in whole or in part, such answer may request remission or mitiga"i:
of the penalties.
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 by specific reference (e. g., giving page and paragraph numbers) to avoid repetition.
Niagara Mohawk Power Corporation's attention is directed to the other provisions of 10 CFR 2.205 regarding, in particular, failure to answer and ensuing orders;
- answer, consideration by this office,. and ensuing orders; requests for hearings, hearings and ensuing orders; compromise; and collection.
Upon failure to pay any civil penalties due which may have been subsequently deter-mined in accordance with the applicable provisions of 10 CFR 2.205, the matter may be referred to the Attorney General, and the penalties, unless compromised, remitted, or mitigated, may be collected by civi 1 action pursuant to Section 234c of the Atomic Energy Act of 1954, as amended (42 USC 2282).
Appendix A (Continue~
(1) admission or denial of the alleged item of noncompliance; (2) the reasons for the item of noncompliance if admitted; (3) the corrective steps which have been taken and the results achieved; (4) corrective steps which will be taken to avoid further items of noncompliance; and (5) the date when full compliance will be achieved.
I I '