ML17251A340

Ack Receipt of Re Violations Noted During Insp & Payment of $50,000 for Civil Penalty Proposed by NRC .Adjustment of Civil Penalty Not Warranted in View of Number of Examples Cited for Valves Not Fully Exercised

ML17251A340
Person / Time
Site:	Ginna
Issue date:	11/03/1988
From:	Lieberman J NRC OFFICE OF ENFORCEMENT (OE)
To:	Mecredy R ROCHESTER GAS & ELECTRIC CORP.
References
EA-88-154, IEIN-86-001, IEIN-86-1, NUDOCS 8811070218
Download: ML17251A340 (4)

Text

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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 NOY 0

1588 Docket No. 50-244 License No.

DPR-18 EA 88-154 Rochester Gas and Electric Corporation ATTN:

Hr. Robert C. IIecredy General Manager Nuclear Production 49 East Avenue Rochester, New York 14649 Gentlemen:

This letter acknowledges receipt of your letter dated August 26, 1988 and your check for $50,000 in full payment for the civil penalty proposed by.the NRC in a Notice of Violation and Proposed imposition of Civil Penalty sent to you in a letter dated July 27, 1988.

The corrective actions described in your letter have been reviewed and implementation will be examined during future inspections.

In your response to the Notice, you admit both violations described in the NRC Notice, with one. exception.

Specifically, with respect to Violation 2, which involved thirteen examples of check valves not being full-stroke exercised, you stated that two of these thirteen valves (SI Accumulator Discharge check valves Nos.

842A and 8428) were being tested in accordance with a partial stroking relief request submitted to the NRC with program revision 3A on June 20, 1983.

That those two valves were covered by your relief request was not recognized until you mentioned 'it in your August 26 letter.

The staff has reviewed your statements along with your relief request of June 20, 1983, the staff IST Safety Evaluation Report of tlay 6, 1981, and the ASHE code requirements.

Our concerns associated with your use of partial stroke testing were articulated in the SER.

These were also discussed in later generic communications (e.g.

IEN 86-01).

An acceptable alternative (disassembly and testing) exists in the ASNE code; therefore, the acceptance of your relief request is unlikely.

However, because in this case you had some basis for believing that your testing of these valves was acceptable, the two accumulator check valves will not be considered as examples of the violation.

Adjustment of the civil penalty is not warranted in view of the number of other examples cited of safety-related check valves not being full stroke exercised in accordance wiih the ASHE code requirements.

In your response, although you provided payment of the civil penalty, you did describe reasons why in your view the NRC should have mitigated the penalty.

As indicated in the NRC August 26, 1988 letter transmitting the civil penalty, while mitigation was considered for prior good performance, it was not warranted in light of your prior Notice of the need to properly test check valves.

With regard to your corrective actions neither escalation or mitigation was considered appropriate because your initial actions did not fully assess the possible impact the violIar.ion could have had on plant safety.

88ii0702i8 88ii03 PDR ADOCH, 05000244 8

PNU

NOV 0.

>"-88 Rochester Gas 8 Electric Co. In accordance with Section 2.790 of the NRC's "Rules of Practice,"

Part 2, Title 10, Code of Federal Regulations, a copy of this letter will be placed in the NRC Public Document Room.

S in cere ly, ames Lieberman, Director Office of Enforcement CC:

William T. Russell, RI Harry H. Voigt, Esquire Central Records (4 copies)

Director; Power Division State of New York, Department of Law Public Document Room (PDR)

Local Public Document Room (LPDR)

Nuclear Safety Information Center (NSIC)

NRC Resident Inspector State of New York

NOV 03 1988 Rocheste~

Gas K Electric Co.

bcc:

Region I Docket Room (with con Management Assistant, DRt>A DRP Section Chief Robert J.

Bores, DRSS SECY J.

Tay1 or, DEDRO J.

Lieberman, OE J. Allan, RI D. Holody, RI J. Goldberg, OGC Enforcement Directors, RII-III Enforcement Officers, RIV-V T. tlurley, 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

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EDO Rdg Fi le DCS R. Benedict, NRR B. Clayton, EDO currences)

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JLuehman:drb 10/1P/88 DD:OE HHong

/I/KIN D' 'erman 1II/8 /88

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