ML17321A551
| ML17321A551 | |
| Person / Time | |
|---|---|
| Site: | Cook  |
| Issue date: | 04/08/1985 |
| From: | Taylor J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| To: | AMERICAN ELECTRIC POWER SERVICE CORP. |
| Shared Package | |
| ML17321A543 | List: |
| References | |
| EA-84-105, NUDOCS 8504150718 | |
| Download: ML17321A551 (9) | |
Text
UNLTED STATES NUCLEAR'EGUL'ATORY COMMISSION In the Matter of AMERICAN ELECTRIC POWER SERVICE CORPORATION~
(D. C Cook. Plant,, Units. l. and. 2)
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Docket Nos., 50-315/50-316 Licenses No.. DPR-58/DPR-74'-
EA 84'-105 ORDER'MPOSING CIVIL MONETARY PENALTY'merican El'ectric Power Service.- Corporation (the. "licensee-") is. the-holder of.
Operating Licenses.
No.
DPR'-58 and: No DPR'-74 (the "licenses" ) issued by-the:
Nucl'ear Regulatory Commission (the. "Commission" )..
The. l'icenses authorize the licensee. to; operate'he.
D.. C Cook, Pl'ant,, Units. l. and 2 in accordance with the: conditions-specified," therein.,
The. licenses were'ssued on October 25,.
1974-and December 23',. 1977.
A special inspection of the licensee s, activities: was, conducted. during the.-
period June.. 21'hrough August..30, 1984'.
The results. of this inspection indicated that'he licensee.
has; not. conducted. its activities in-full compli-ance with the conditions. of. its. license..
A written Notice of Violation and' Proposed Imposition of-'ivil'enalty was. served upon the licensee by letter dated. November 21, 1984..
The.'otice. states the-nature of the violations, the'pplicable provisions of. the Atomic. Energy Act;, the: requirements of the Nuclear Regul'atory Commission regulations or license: conditions. that were violated,, and. the amount of civil'enalty proposed for the violations; The licensee responded to the Notice of Violation and Proposed Imposition of'ivil Penalty with a, letter dated. December 21, 1984..
8504i507i8 850408 PDR ADOCK 050003i 5 8
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Upon consideration of American Electric: Power Service:.C'orporation's; response (December 21, 1984) and;: the statements. of fact,. expTanation,.
and; argument regarding, mitigation contained. 'therein;, as'et forth" in the.-Appendix to this.
Order,. the Director of the Office-of Inspection and. Enforcement has determined.
that the penalty proposed for the: violations designated: in-the: Notice. of Viol'a-tion and Proposed Tmposition of. Civil Penal'ty: should be. imposed..
IV In view of the foregoing:. and pursuant to, Section, 234 of'he-Atomic. Energy Act of 1984, as amended;, 42,'.S'.C'.
2282."PL 96-295',. and.'0.
CFR. 2.205,. IT IS HEREBY ORDERED THAT:
v The. 1'icensee pay a, civil penalty in the. amount. of Fifty Thousand.
Do'il'ars ($50,000) within. thirty days. of the: date of this Order,. by check, draft,, or money-order, payabl'e to the: lreasurer of'he United States: and.mail'ed: to the Director of the Office of Inspection* and Enforcement, USNRC;. Washington, D. C'055%
The: 1'icensee may, within thirty days; of the date. of this: Order,. request:
a hearing;,
A request for a hearing: shall be addressed". to the Director; Office of-Inspection. and. Enforcement..
A copy of the hearing: request. shall also be sent to the Executive Legal Director, USNRC;, Washington,.
D.
C'. 20555. If a hearing is'equested.,
the: Commission will issue an Order designating the: time and place: of hearing. If the licensee fails. to request a hearing within thirty days: of-the date-of this; Order; the provisions. of this. Order shall be effective: without further proceedings and,. if'ayment has not been made by that time,. the: matter may be referred. to the Attorney General for collection.
In the* event: the.. licensee. requests.
a-hearing as provided. above,, the issues to be. considered at such hearing, shall be:
(a) whether the. licensee was in violation of the Commission's requirements.
as set forth in the Notice of'Violation and. Proposed Imposition of'ivil Penal'ty referenced in Section IT above, and (b) whether on the: basis of. such violations this'rder should be. sustained.
FOR THE NUCLEAR-REGULATORY COMMISSION Ja Of es. M.. Taylo Director ice of Ins ction and Enforcement Dated at Bethesda, Maryland.
this/'4~day of April 1985..
~Aendix EVALUATION AND CONCLUSION The licensee's December 21, 1984-response. to the: November 21, 1984 Notice. of Violation and Proposed Imposition-of Civil Penalty for the American Electric-Power Service Corporation, D.,
C Cook Plant, Units 1 and 2 admits that. the violations occurred as. stated in the. Notice.
The violations involved. instances in which the licensee: failed to meet operability requirements of the technical specifications owing to an insufficient understanding by plant staff of. such requirements or inadequate surveillance procedures The-1'icensee requests 50%
mitigation of'he: amount of the: proposed. civil penalty for unusually extensive corrective actions.
Summar of Licensee's.
Res onse The licensee contends that: the-safety significance of the: violations was limited; notwithstanding,. the licensee. took specific corrective actions for each of the three violations identified. In addition to these specific corrective actions, the licensee implemented a generic, corrective action program to prevent recurrence of similar events and. to gain assurance that similar situations involving non-compliance do not now exist.
These generic corrective. actions encompass the following areas:
(1) The licensee. is conducting
- a. review of procedures dealing with either containment integrity or delivery of emergency water to either the=
primary or secondary systems.
The. review process is expected to be completed by May 1, 1985; (2)
A program for independent reviews of adherence to procedures-has been developed to assure that procedures adequately demonstrate and allow literal compliance-with technical specifications.
This program started on September 1T, 1984;, (3)
A training, program is being developed for. presentation to both licensed operators and certain nonoperating personnel which consists of eleven key areas that relate= the accident'nalyses to the. technical specifications..
The first training session was presented on November 16, 1984; and (4) An effort is under way to identify technical specifications which require clarification The: licensee urges the NRC to consider these extensive corrective actions cited'n their response letter as-well as corrective actions taken to ensure proper operation of. other systems not referenced. in the November 21, 1984 Notice.
In view, of these actions, the licensee requests mitigation of the proposed civil penalty by 50 percent as provided under Section V.B.2 of Appendix C to 10 CFR Part 2.
Evaluation of Licensee's Res onse and Conclusion t
The NRC staff has carefully reviewed the licensee's.
response and has concluded that the licensee did not provide any information that. was not already considered in determining the-significance of the violation.
A review of the licensee.'s generic corrective actions indicated that the corrective actions taken and proposed are extensive in scope and're the type of actions that, if properly implemented, should have a lasting effect on overall regulatory performance..
However, the licensee has. had problems with ensuring that surveillance procedures adequately implement technical specification requirements and that operating procedures are correctly applied.
These matters have been I
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Appendix discussed.
in enforcement. conferences as. early as August. 4-',, 1981.,
Continuing problems in this: area indicate that actions. to correct.. the-previous. violations and to. prevent. recurrence: of'imilar.".problems in this. case have not:.been adequate.
Thus;,
more.- extensive. corrective actions. were required to ensure'RC requirements.
were'atisfied.
now.
Therefore:,
the: NRC staff'as: concluded that-mitigation of the civi-1 penalty based.
on-extensive corrective. actions is. not. warranted, in this; case..
American Electri c Power Service Corporation Indiana and Michigan Electric Company Distribution PDR LPDR SECY ACRS CA JMTayl or, IE RVollmer, IE JAAxelrad, IE
- ABBeach, IE JLieberman, ELD JKeppler, RIII Enforcement Coordinators RI, RII, RIII, RIV, RV
- EJordan, IE
- JPartlow, IE
- BGrimes, IE
- VStello, DED/ROGR
- FIngram, PA
- JCrooks, AEOD SConnelly, OIA
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April 2, 1985 DISTRIBUTION CI3ocXet~le~+oencl ORB81 Rdg w/o encl,.
" CParrish w/o encl.
DWigginton w/encl.
DOCKET NO(S). 50-315/316 Mr. JohhiIDolan,.Vice President Indiana and Michigan Electric, Company c/o American Electric Power Service Corporation 1 Riverside Plaza q~bus, Ohio 43215 Sue~&~ i:
INDIANA AND MICHIGAN ELECTRIC PONER DONALD C COOK NUCLEAR.PLANT UNITS 1 AND 2 The following documents concerning our review of the subject facility are transmitted for your information.
D Notice of Receipt of Application, dated D Draft/Final Environmental Statment, dated D Notice of A'vailabilityof Draft/Final Environmental Statement, dated D Safety Evaluation Report, or Supplement No.
, dated D Notice of Hearing on Application for Construction Permit, dated D Notice of Consideration of Issuance of Facility Operating License, dated D Monthly Notice; Applications and Amendments to Operating Licenses Involving no Significant Hazards Considerations, dated D Application and Safety Analysi's Report, Volume D Amendment No.
to Application/SA R dated D Construction Permit No. CPPR-D Facility Operating License No.
, Amendment No.
, Amendment No.
dated
, dated D Order Extending Construction Completion Date, dated GG Other (SpecifyJ Monthl Notice coverin eriod March 27, 1985.
Expiration date-f'r hearin re uests and comments April 26, 1985.
Division of'icensing, ORB81 Office of Nuclear Reactor Regulation
Enclosures:
As stated cc: w/enclosure or r res+
SURNAME+
DATE+
ORB81:DL
'CPar'r"isli'
(~(85 NRC FORM 318 (T/84) NRCM 0240 '
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