ML17251A186
| ML17251A186 | |
| Person / Time | |
|---|---|
| Site: | Ginna  |
| Issue date: | 07/27/1988 |
| From: | Russell W NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | |
| Shared Package | |
| ML17251A184 | List: |
| References | |
| EA-88-154, NUDOCS 8808030389 | |
| Download: ML17251A186 (6) | |
Text
NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY Rochester Gas and Electric Corporation R.
E. Ginna Docket No.
50-244 License No.
DPR-18 EA 88-154 During an NRC inspection conducted on May 16-20, 1988, violations of NRC requirements were identified.
In accordance with the "General Statement of Policy and Procedure for NRC Enforcement Action," 10 CFR Part 2, Appendix C
(1988)), 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 violations and associated civil penalty are set forth below:
Technical Specification 4.2 requires that inservice testing (IST) of pumps and valves be performed in accordance with Section XI of the ASME Boiler and Pressure Vessel code and applicable
- Addenda, as required by 10 CFR 50, Section 50.55a(g),
except where specific written relief has been granted by the NRC pursuant to 10 CFR Part 50.55a(g)(6)(i).
l.
Article IWV-1100 of the ASME Code,Section XI, 1977 edition, which is applicable in this situation,
- requires, in part, periodic testing for those valves which are required to perform a specific function in shutting down a reactor to the cold shutdown condition, or in mitigating the consequences of an accident.
Contrary to the above, as of May 20, 1988, the IST test program for pumps and valves did not include periodic testing of the following safety related check valves that are used to mitigate the consequence of an accident:
a.
check valves Nos.
3504B and 3505B in the main steam supply lines for the auxiliary feedwater pump turbine;
- and, b.
main feedwater check valves Nos.
3992 and 3993.
2.
Article IWV-3522 of ASME Code,Section XI, 1977 edition, which is applicable in this situation, requires, in part, that the testing required by Article IWV-1100 be performed by exercising the check valves to the position required to fulfilltheir function during plant operation.
Further, if only limited operation of a check valve is practical during plant operation, the check valve shall be full stroke exercised during cold shutdowns.
Contrary to the above, as of May 20, 1988, the following check valves which are used to mitigate the consequences of an accident, had not been full-stroke exercised to the position required to fulfilltheir functions:
OFFICIAL RECORD COPY CP PKG GINNA 7/22 " 0005.0.0 880S030389 880727 07/25/88 PDR ADOCK 05000244 9
Nos.
9627A and B in the 1C and 1D Standby Aux'iliary Feedwater Pump Service Mater Suction lines; b.
Nos.
862A and B in the 1A and 1B Containment Spray Pump Discharge lines; c.
Nos.
710A and B in the 1A and 1B Residual Heat Removal (RHR)
Pump Discharge; d.
Nos.
853A and B in the Core Deluge Check; e.
No. 854 in the Refueling Water Storage Tank (RMST) to RHR Pump Suction Check f.
Nos.
842A and B in the Loop A and B Accumulator Dump Line Check; and g.
Nos.
867A and B in the Loop A and B Accumulator Dump and Safety Injection (SI) to Cold Leg.
These two violations are categorized in the aggregate as a Severity Level III problem.
Civil Penalty - $ 50,000 assessed equally between the violations.
Pursuant to the provisions of 10 CFR 2.201, Rochester Gas and Electric Company 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 "Reply to a Notice of Violation" 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 that 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 this 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 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.
Within the s'arne 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 Treasurer of the United States in the amount of the civi 1 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 civil penalty in whole or in part by a written answer addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission.
Should th'e Licensee fail to answer within the time specified, an order imposing the civil penalty will be issued.
Should the Licensee OFFICIAL RECORD COPY CP PKG GINNA 7/22 0006.0.0 07/25/88
I I '\\
Notice of Violation elect to file an answer in accordance with 10 CFR 2.205 protesting the civil
- penalty, in whole or in part, such answer should be clearly marked as an "Answer to a Notice of Violation" and may:
(1) deny the violation(s) 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, 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 (1988),
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 numbers) 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 subsequently has been deter-mined 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 UPS.C.
2282c.
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 a 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, Region I U.S. Nuclear Regulatory Commission, 475 Allendale
- Road, King of Prussia, Pennsylvania 19406 and a copy to the NRC Senior Resident Inspector at Ginna.
FOR THE NUCLEAR REGULATORY COMMISSION Dated at King of Prussia, Pennsylvania this g7 day of July 1988 Original Signed Bp'ILLIS":
T. RUSSELL William T. Russell Regional Administrator OFFICIAL RECORD COPY CP PKG GINNA 7/22 " 0007.0.0 07/25/88
'