ML17328A602
| ML17328A602 | |
| Person / Time | |
|---|---|
| Site: | Cook  |
| Issue date: | 02/26/1990 |
| From: | Davis A NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | |
| Shared Package | |
| ML17328A601 | List: |
| References | |
| EA-89-252, NUDOCS 9003050165 | |
| Download: ML17328A602 (4) | |
Text
NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY Indiana and Michigan Power Company D.
C.
Cook Unit 2 Docket No.
50-316 License No.
'DPR-74 EA 89-252 During an NRC inspection conducted on October 16 through 20, 24 through 26, and December 4, 1989, 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 (1989), the Nuclear Regulatory Comnission proposes to impose a civil penalty pursuant to Section 234 of the Atomic Energy Act of 1954, as amended (Act), 42'.S.C.
- 2282, and 10 CFR 2.205.
The particular violation and associated civil penalty are set forth below:
Technical Specification 3.7. 1.2 requires at least three independent steam generator auxiliary feedwater pumps and associated flow paths be operable in Modes 1, 2, and 3.
Hith one auxiliary feedwater pump inoperable, restore that pump to operable status within 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> or be in hot standby within the next 6
hours and hot shutdown within the following 6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br />.
Contrary to the above, while the facility has been in Modes 1, 2, and 3, the licensee did not have three independent steam generator auxiliary feedwater pumps and associated flow paths operable, during the period from August 31, 1978 through November 10, 1989, and action was not taken to restore all pumps to operable status or place the facility in hot standby or hot shutdown.
The Turbine-Driven Auxiliary Feedwater Pump (TDAFP) was inoperable during this period due to the inability of the flow retention system for the TDAFP to prevent run out of the TDAFP and its resulting failure in the event of a feedwater or steam line break.
This is a Severity Level III violation (Supplement I).
Civil Penalty - $75,000.
Pursuant to the provisions of 10 CFR 2.201, Indiana and Michigan Power 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 of Violation and Proposed Imposition of Civil Penalty (Notice).
This reply should be clearly marked as a "Reply to a Notice of Violation" and should include:
(1)'admission or denial of the alleged violation, (2) the reasons for the violation if admitted; and if
- denied, the reasons why, (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 shal.l be submitted under oath or affirmation.
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Notice of Violation 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 addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, with a check, draft, or monev 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 violation 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 in whole or in part, such answer may request remission or mitigation of the penalty.
In requesting mitigation of the proposed
- penalty, the factors addressed in Section V.B of 10 CFR Part 2, Appendix C (1989), 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 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 response noted above (Reply to 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 Coomission, ATTN:
Document Control Desk, Washington, D.C.
20555 with a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, Region III, and a copy to the NRC Resident Inspector at the D.C.
Cook Nuclear Plant.
FOR THE NUCLEAR REGULATORY COMMISSION Dated at Glen Ellyn, Illinois this 26th day of Februarv, 1990 A. Bert Davis Regional Administrator