ML17174A681
| ML17174A681 | |
| Person / Time | |
|---|---|
| Site: | Dresden  |
| Issue date: | 04/17/1991 |
| From: | Davis A NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | |
| Shared Package | |
| ML17174A682 | List: |
| References | |
| EA-91-014, EA-91-14, NUDOCS 9104240072 | |
| Download: ML17174A681 (3) | |
Text
9*
- AND.*
PROPOSED IMPOSITION OF CIVIL PENALTY Commonwealth Edison Company.
Dresden Station, Unit 2 Docket No. 50-237 License Nd.
DPR~19 EA 91-014 During an NRC inspection conducted on January 23-28, 1991, a.violation of NRC requirements was identi-fied.
In accordance with the "General Statement of
- Policy and Protedu~e fo~ NRC Enforcement Actions, 10 CFR Part 2, Appendix C (1990), the Nuclear R*egulatory Commission proposes to impose a civil penalty pursuant to Sectio~ 234 of the Atomic ~nergy Act of 1954, as amended (Act) a 42 U.S.C. 2282, ahd 10 CFR*2.205:
The particular viblation and associated civil penalty are set fo~th below:
Dresden Technical. Specification Limiting Condition for Operation 3.7.A.2 requires, in part, that primary containment integr.ity be m~intained whenever the reactor is critical:
Technical Specifi~ation Limiting Condition for Operation 3.7.A.2.b states, in part, that when primary containment integrity.is required, primary leakage rates will be limited to an overall leakage rate of less than or equal to 75 percent of La.
Technica1 Specification Limiting Condition for Operation 3.7.A.2.~(3) defines.
the maximum allowable leakage rate (La) as being equal to l.6 percent by weight
. of the containment ai~ per 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> ai 48 psig.
Technical Specfiication 3;0.A states, in part, in the event a Limiting Conditioh for Operation cannot be satisfied because. of circumstances in excess of those addressed in the specification; the unit shall be placed in at least hot ~hut~
down within 12 hours1.388889e-4 days <br />0.00333 hours <br />1.984127e-5 weeks <br />4.566e-6 months <br /> and in cold shutdown within the following 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> unless corrective measures are completed that satisfy the Limiting Conditions for Operation.
Contrary to above, durin'g. the periods of reactor criticality between February 19, 1989, and September 23, *1990, primary containment integrity was not maintained in that the inboard fla~g~ on containment isolation valv~ 2-1601-20A was found.
to. have a leakage rate greater than La; Additionally, the unit wai not placed.
in at least hot shutdown ~ithin 12 hours1.388889e-4 days <br />0.00333 hours <br />1.984127e-5 weeks <br />4.566e-6 months <br /> and in cold shutdown within the follOwing 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />, nor were corrective measures completed that satisfy the limiting Conditions for Operation-.
This is a Severity Level III violation (Supple~ent I).
Civil Penalt~ - $100,000..
9104240072 910417. *.
- poR ADOCK osoo~5~7 Q
e*
Notice of Violation Pursu~nt to the provi~ions of 10 CFR 2.201, the Commonwealth Edison Company (Licensee) is hereby required to submit a written statement or explanation to the Director~ Office o.f Enforc.ement, U.S. Nuclear Regulatory Commission, withi.n 30 days of the.date of this Notice of Violation ~nd Proposed Imp6sition of Civil Penalty (Notice).
This reply snciuld be clearly marked as a "Reply to a. Notice of Violation 11 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 sfe~s that will. be taken to avoid further violations, and (5) the date when full compliance will be achieved:
If an adequate reply is not r~ceived within the time specified ih this Notice, an order may be issu~d 'to show cause ~hy the license should not be modified,
- .suspended, or revoked or why such other action as may be prbper 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.
W{thin the same time as provided for the response required abdve 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 may protest imptisition of the civil ~enalty in whole or in ~art~ by a ~ritten answer addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission.
Should the Ljcensee fa~l to answer withiri 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, iri
- whole or in part, such answer should be cle~rly marked as an An~wer to a N6tice of Vi6lation 11 and may:
(1) deny the violation.listed in this Notice in whole. or in part, (2) demonstrate extenuating circumstances, (3) show error in this Notic;e, 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 mitigatiori of the penalty.
- In requesting niiti.gation of the proposed penalty, the factors addressed in Section V.B of 10 CFR Part 2, Appendix C (1990), should be addresseq.
Any
~ritten 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 protedure for imposing a civil penalty.
Upon failure to P*Y an~ civil penalty due which subsequeritly has been determined in accbrdance with the applicable provisions of 10 CFR 2.205, this matter may be referred to the Attorney Gen*eral, and the penalty, unless compromi~ed, remitted, or mitigated, may be c61.lected by civil action *pursuant to Sect1on 234c of the Act, 42 U.S.C.
2282~.
Notice of Viol*tion
- 3..,
The response noted above (Reply to Notice of Violation, letter with payment of civil penalty, and Answer to a Notice of Violation) sh6uld be addressed to.:
- Director, Office of Enforcement, U.S. Nuclea.r Regulatory Commission; ATTN:
Doc~ment Control Desk, Washington, 0.C. 20555 ~ith a copy to the Regional.
Administrator, U.S. Nuc.lear Regulatory Commission, Region III, 799 Roosevelt.*
Road,* Glen Ellyn, Illinois 60137, and a copy to the NRC Resident Inspector at the Dresden facility.*
Dated.at Glen Ellyn, Illinois this.17th day of April.1991.
FOR THE NUCLEAR REGULATORY COMMISSION A.
ert.Oavis r
Regional Administrator