ML17199G573
| ML17199G573 | |
| Person / Time | |
|---|---|
| Site: | Dresden  |
| Issue date: | 04/24/1987 |
| From: | Davis A NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | |
| Shared Package | |
| ML17199G551 | List: |
| References | |
| EA-87-049, EA-87-49, NUDOCS 8704290030 | |
| Download: ML17199G573 (4) | |
Text
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NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY Commonwealth Edison Company Dresden Nuclear Power Station Unit 3 Docket No. 50-249 License No. DPR-25 EA 87-49 During an inspection conducted during the period February 28-March 4, 1987 a violation of NRC requirements was identified.
In accordance with the 11General Statement of Policy and Procedure for NRC Enforcement Actions, 10 CFR Part 2, Appendix C (1987), 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 violation and associated civil penalty are set forth below:
Technical Specification 3.7.A.2 requires that primary containment integrity be maintained at all times when the reactor water temperature is above 212°F and fuel is in the reactor vessel except while performing low power physics tests.
Contrary to the above, on February 27, 1987 from 7:15-8:05 p.m., primary containment integrity was not maintained although the reactor water temperature was above 212°F, fuel was in the reactor vessel, and low power physics tests were not in progress.
The maximum temperature reached was 223°F.
This is a Severity Level III violation (Supplement I).
Civil Penalty - $25,000.
Pursuant to the provisions of 10 CFR 2.201, Commonwealth Edison 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.
This reply should be clearly marked as a 11 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, (3) the corrective steps that have been taken and the results achieved, (4) the corrective steps which 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 the Notice, an order may be issued to show cause 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 give to extending he 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 of 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 to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, with a check, draft, or money order payable to the ireasurer 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
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APR 2 4 1987 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, such answer should be clearly marked as an "Answer to a Notice of Violation" and may:
(1) deny the violation 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 five factors addressed in Section V.B of 10 CFR Part 2, Appendix C (1987) 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 number) 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 has been subsequently 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. 2282.
The responses to the Director, Office of Enforcement, noted above (Reply to a Notice of Violation, letter with payment of civil penalty, and Answer to Notice of Violation) should be addressed to:
Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, ATTN:
Document Control Desk, Washington, DC 20555 with a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, for the appropriate Region, and, if applicable, a copy to the NRC Resident Inspector, at the facility which is the subject of this Notice.
Dated at Glen Ellyn, Illinois this '1.."{~day of April 1987 FOR THE NUCLEAR REGULATORY COMMISSION A. Bert Davis Regional Administrator
Commonwealth Edison Company 3
APR 2.4 1987 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.
Enclosures:
- 1.
Notice of Violation and Proposed Imposition of Civil Penalty
- 2.
Inspection Report No. 50-237/87011(DRP);
No. 50-249/87010(DRP) cc w/enclosures:
D. L. Farrar, Director of Nuclear Licensing J. Eenigenburg, Plant Manager DCS/RSB (RIDS)
Licensing Fee Management Branch Resident Inspector, RIII Richard Hubbard J. W. Mccaffrey, Chief, Public Utilities Division RIII N~1\\~/nma
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Schultz l\\-1..\\-'b7 Sincerely, A. Bert Davis Regional Administrator RIII. O fJ-}rr Papp.kri e 11 o
'~**Z,i--~1 RIII Jr D~vis t/;74-
Commonwealth Edison Company Distribution SECY J. Taylor, DEDRO J. Lieberman, OE A. B. Davis, RIII J. Goldberg, OGC Enforcement Directors, RII-III Enforcement Officers, RIV-V T. Murley, NRR F. Ingram, PA J. Bradburne, CA E. Jordan, AEOD B. Hayes, OI S. Connelly, OIA P. Robinson, OE R. Cunningham, NMSS D. Nussbaumer, OGP/SP OE File (3 copies + ltrhd)
APR 2 4 1987