ML17304A795
| ML17304A795 | |
| Person / Time | |
|---|---|
| Site: | Palo Verde  |
| Issue date: | 12/01/1988 |
| From: | Martin J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION V) |
| To: | |
| Shared Package | |
| ML17304A794 | List: |
| References | |
| EA-88-182, NUDOCS 8812190174 | |
| Download: ML17304A795 (4) | |
Text
e NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY (Reactor Operations)
Arizona Public Service Company Palo Verde Nuclear Generating Station, Unit 1 Docket No.
50-528 License No.
NPF-41 EA 88-182 During an inspection conducted during the period of July 5 to July 8, 1988, a
violation of NRC requirements was identified.
In accordance with the "General Statement of Policy and Procedure for NRC Enforcement Actions," 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 violation and associated civil penalty are set forth below:
VIOLATION ASSESSED CIVIL PENALTY I.
Technical Specification '(T..S.) 3.7.6 requires that at least two independent essential chilled water loops be operable during operational modes 1, 2, 3, and 4.
With no essential chilled water loops operable, T.S. 3.7.6 does not provide specific ACTION requirements, and therefore the provisions of T.S. 3.0.3 are applicable.
T.S. 3.0.3 requires that when a Limiting Condition for Operation is not met, except as provided in the ACTION requirement of the associated T.S., action shall be initiated within 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> to place the unit in a Mode in which the specification does not apply by placing the unit in at least Hot Standby within 6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> and at least Cold Shutdown within the following 30 hours3.472222e-4 days <br />0.00833 hours <br />4.960317e-5 weeks <br />1.1415e-5 months <br />..
Contrary to the above, on May 20 to May 29, 1988, while Palo Verde Unit 1 was operating in Mode 1, both loops of the essential chilled water system were rendered inoperable, but the licensee neither restored loop operability nor placed the unit in the required Mode.
This is a Severity Level III violation (Supplement I).
Civil Penalty - $50,000 Pursuant to the provisions of 10 CFR 2.201, Arizona Public Service 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 "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 result 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.
812i90174 6~81201 AGGCK 05000528 PQIP PDC 9
"2-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 Treasurer of the United States in the amount of the civil penalty proposed
- above, 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 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, in whole or in
- part, such answer should be clearly marked as an "Answer to a Notice of Violation" and may: (1) deny the violations 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'enalty due which subsequently has been 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.
2282c.
The responses to the Director, Office of Enforcement, noted above (Reply to a Notice of Violation, letter with payment of civil penalties, and answer to a Notice of Violation) should be addressed to: Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, ATTN: Documen't Control Desk, Washington, DC 20555, with a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, Region V, 1450 Maria Lane,'uite 210, Walnut Creek, California
- 94596, and a copy to Mr. T. Polich ior Resident Inspector, at the Palo Verde Nuclear Generating Stat'OR HE NUCLEAR REGULATORY COMMISSION hn B. Martin Regional Administrator Dated at Phoenix, Arizona on this
(
day of December 1988.