ML17229B104
| ML17229B104 | |
| Person / Time | |
|---|---|
| Site: | Saint Lucie  |
| Issue date: | 03/24/1999 |
| From: | Lieberman J, Reis T NRC OFFICE OF ENFORCEMENT (OE) |
| To: | |
| References | |
| EN-99-011, EN-99-11, NUDOCS 9904290250 | |
| Download: ML17229B104 (3) | |
Text
CATEGORY REGULAT Y INFORMATION DISTRIBUTZO SYSTEM (RZDS)
C ACCESS10N NBR:990 FACIL:50-335 St.
50-389 St.
AUTH.NAME REIS,T.
LIEBERMAN,J.
RECZP.NAME 4290250 DOC.DATE: 99/03/24 NOTARIZED: NO Lucie Plant, Unit 1, Florida Power Ec Light Co.
Lucie Plant, Unit 2, Florida Power Ec Light Co.
AUTHOR AFFILIATION Ofc of Enforcement (Post 870413)
Ofc of Enforcement (Post 870413)
RECIPIENT AFFILIATION DOCKET ¹ 05000335 05000389
SUBJECT:
EN-99-011:informs Commission that staff intends to exercise discretion pursuant to Section VZI.B.6 of enforcement policy
& not issue NOV or propose civil penalty for Severity Level IIIviolation identified by NRC during fire protection.
DISTRIBUTION CODE:
IE33F COPIES RECEIVED:LTR ENCL SIZE:
TITLE: Enforcement Notice (EN)
NOTES:
RECIPIENT ID CODE/NAME INTERNAL: AEOD/SPD/RRAB NRR/DIPM/ZOLB OE COPIES LTTR ENCL RECIPIENT ID CODE/NAME XLE-CENTER+
NUDOCS FULL TXT OE FILE 01 COPIES LTTR ENCL EXTERNAL: LMZTCO MARSHALL NRC PDR NOAC D
0 U
M N
NOTE TO ALL "RZDS" RECIPIENTS:
PLEASE HELP US TO REDUCE WASTE. TO HAVE YOUR NAME OR ORGANIZATION REMOVED FROM DZSTRI'BUTION LISTS/
OR REDUCE THE NUMBER OF COPIES RECEIVED BY YOU OR YOUR ORGANIZATION, CONTACT THE DOCUMENT CONTROL DESK (DCD)
ON EXTENSION 415-2083 TOTAL NUMBER OF COPIES REQUIRED:
LTTR ENCL 9
March 24, 1999 EN 99-011 OFFICE OF ENFORCEMENT NOTIFICATION OF SIGNIFICANT ENFORCEMENT ACTION Licensee:
Florida Power and Light Company St. Lucie Nuclear Plant Docket Nos. 50-335 and 50-389
~Sub'ect:
EXERCISE OF ENFORCEMENT DISCRETION This is to inform the Commission that staff intends to exercise discretion pursuant to Section VII.B.6 of the Enforcement Policy and not issue a Notice of Violation or propose a
civil penalty for a Severity Level III violation identified by the NRC during a Fire Protection Functional Inspection at the St. Lucie facility. Specifically, the licensee failed to analyze for the potential for more than one fire induced circuit failure that could cause maloperation of designated safe shutdown equipment in all aspects of its safe shutdown analysis.
The analysis of multiple fire induced circuit failures has been the subject of continuing discussions with the Nuclear Energy Institute and the NRC.
The Office of Nuclear Reactor Regulation intends to issue a generic communication to address the apparent misunderstanding of the requirements by licensees.
Discretion is appropriate in this case given that the totality of the inspection findings, and the actions the licensee took in areas directly related to this concern prior to the inspection, make it evident that the licensee's failure to identify this noncompliance stemmed from its misinterpretation of the requirements and not unresponsiveness to NRC concerns or positions.
Additionally, Florida Power & Light took prompt, appropriate actions in this case despite its disagreement that the issue constitutes a violation.
It should be noted that the licensee has not been specifically informed of the enforcement decision.
The schedule of issuance of the report and notification is:
Mailing of Inspection Report March 31, 1999 Telephone Notification of Licensee March 31, 1999 The State of Florida will be notified.
No response is required from the licensee for this Exercise of Enforcement Discretion Contacts: T. Reis, OE, (301) 415-3281 J. Lieberman, OE, (301) 415-2741 Distribution OWFN OWFN TWFN Regional Offices Chairman Jackson EDO OC Rl Comm.
Diaz DEDE AEOD Comm.
McGaffigan OE, OP CTR Comm.
OGC NMSS SECY NRR IRM NIAIL OCA OI OIG NUDOCS PA SP RES PUBLIC IP ACRS PRELIMINARY INFORMATION - NOT FOR PUBLIC DISCLOSURE UNTIL VERIFICATION THAT LICENSEE HAS RECEIVED ACTION OE:TReis 03/24/99 OE:JLieberman 03/24/99
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