ML17334B454
| ML17334B454 | |
| Person / Time | |
|---|---|
| Site: | Cook  |
| Issue date: | 02/08/1993 |
| From: | Davis A NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | |
| Shared Package | |
| ML17334B453 | List: |
| References | |
| EA-92-252, NUDOCS 9302120093 | |
| Download: ML17334B454 (3) | |
Text
NOTICE OF VIOLATIONS AND PROPOSED IMPOSITION OF CIVIL PENALTY Indiana Michigan Poyer Company D.- C.
Cook Nuclear.Plant Unit 2 Docket No. 50-316 License No.
DPR-74 EA 92-252 During an inspection conducted from December 3 through D'ecember 18, 1992, violations of NRC requirements were identified.
In accordance with the "Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C, 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 Violation Assessed a Civil Penalt Technical Specification 3.8.1.1 requires that two emergency diesel generators (EDGs) be operable for operation in Modes 1 through 4.
Nith one EDG inoper'able, the inoperable EDG is required to be restored to an operable status within 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> or the unit.must be put in at least Hot Standby
.(Mode
- 3) within 6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> and Cold Shutdown (Mode 5) within the following 30 'hours.
Contrary to the above, on or about September 10,
- 1992, AB EDG became inoperable with the unit in Modes 3 and 4, the EDG was not restored to operable status. within 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br />, and the unit, was not put in cold shutdown (Mode 5) within the following 30 hours3.472222e-4 days <br />0.00833 hours <br />4.960317e-5 weeks <br />1.1415e-5 months <br />.
This is a Severity Level III violation (Supplement I).
Civil Penalty 937,500.
II.
Violations Not Assessed a Civil Penalt A.
10 CFR 50, Appendix B, Criterion V, requires, in part, that activities affecting quality be prescribed by documented instructions, procedures, or drawings, of a type appropriate to the -circumstances and shall be accomplished in accordance with those instructions, procedures, or drawings.
Instructions, procedures, or drawings shall include appropriate'uantitative or qualitative acceptance criteria for determining that important activities have been satisfactorily accomplished.
Contrary to the above, Test No.
73A of Attachment No.
2 of licensee procedure "Preventative Maintenance and Performance Monitoring Surveillance Testing for Non Technical Specification Equipment," Revision 10, April 9302120093 930208 PDR ADOCK 05000316 PDR
19,
- 1990, which monitored the lube oil inventory and is a surveillance activity affecting quality, did not contain minimum acceptance criteria for the EDG lube oil volume.
This is a Severity Level IV violation (Supplement I).
B.
10 CFR 50, Appendix B, Criterion XVI, requires, in part, that measures shall be established to assure that conditions adverse to quality such as failures, malfunctions, deficiencies, deviations, defective material and equipment, are promptly identified and corrected.
Contrary to the above, on May 9, 1992, the licensee identified that a pump seal on the Unit 2 "AB" EDG "Before and After" pump was leaking lube oil, a condition adverse to quality, but failed to promptly correct the constantly dropping proper level of oil in the EDG lube oil tank or maintain a proper level until after September 24, 1992.
This is a Severity Level IV violation (Supplement I).
Pursuant to the provisions of 10 CFR 2.201, Indiana Michigan Power Company (Licensee) is hereby required to submit a written statement of explanation to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, within 30 days of the date of this Notice of Violations and Proposed Imposition of Civil Penalty (Notice).
This reply should be clearly marked as a
"Reply to a Notice of Violations" and should include for each alleged violation:
(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 or a demand for information may be issued as to why the license should not be modified, suspended, or revoked or why such other actions as may be proper should not be taken.
Consideration may be given to extending the response time for good cause shown. 'nder the authority of Section 182 of the Act, 42 U.S.C.
2232, this response shall be submitted under oath or affirmation.
Within the same time as provided for the response required 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, money order, or electronic transfer 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
,I:y 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 erro'r 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 fa'ctors addressed in Section V.B of 10 CFR Part 2, Appendix C, 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 responses 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,'.S.
Nuclear Regulatory Commission, ATTN:
Document Control Desk, Washington, D.C.
20555 with a copy to the Regional Administrator, U. S. Nuclear Regulatory Commission, Region III, 799 Roosevelt
- Road, Glen Ellyn, Illinois.'60137, and a copy to the NRC Resident Inspector at the D.
C.
Cook Nuclear Plant.
FOR THE NUCLEAR REGULATORY COMMISSION
/Jj+ g4Z~<~
A. Bert Davis Regional Administrator Dated yt Glen Ellyn, Illinois this gik day of February 1993