ML17335A502
| ML17335A502 | |
| Person / Time | |
|---|---|
| Site: | Cook  |
| Issue date: | 11/04/1998 |
| From: | Lieberman J, Satorius M NRC OFFICE OF ENFORCEMENT (OE) |
| To: | |
| References | |
| EA-98-509, EN-98-064, EN-98-64, SECY-98-221-C, NUDOCS 9902100377 | |
| Download: ML17335A502 (2) | |
Text
4j CATEGORY 3 REGULATORY INFORMATION DISTRIBUTION SYSTEM (RIDS)
ACCESSION NBR:9902100377 DOC.DATE: 98/11/04 NOTARIZED: NO DOCKET ¹ FACIL:50-315 Donald C.
Cook Nuclear Power Plant, Unit 1, Indiana M
05000315
. 50-316 Donald C.
Cook Nuclear Power Plant, Unit 2, Indiana M
05000316 AUTH.NAME AUTHOR AFFILIATION SATORZUS,M.
Ofc of Enforcement (Pos t 870413)
LZEBERMAN,J.
Ofc of Enforcement (Post 870413)
RECIP.NAME RECIPIENT AFFILIATION
~
SUBJECT:
EN-98-064:informs Commission,per Section III of Enforcement Policy, that NRC will exercise enforcement discretion per Section VIZ.B.2 of Enforcement Policy
& not issue NOV to licensee for violation associated with MOVs at DC Cook.
DISTRIBUTION CODE: IE33F COPIES RECEIVED:LTRC0 ENCL i SIZE:
TITLE: Enforcement Notice (EN)
E NOTES:
RECIPIENT ID CODE/NAME INTERNAL: AEOD/SPD/RRAB NRR/DRPM/PERB OE DIR COPIES LTTR ENCL RECIPIENT ID CODE/NAME FILE CENTE ULL TXT 01 OE FILE COPIES LTTR ENCL EXTERNAL: LITCO BRYCE,J H NRC PDR NOAC D
E-NOTE TO ALL "RIDS" RECIPIENTS:
PLEASE HELP US TO REDUCE WASTE.
TO HAVE YOUR NAME OR ORGANIZATION REMOVED FROM DISTRIBUTION LISTS OR REDUCE THE NUMBER OF COPZES RECEIVED BY YOU OR YOUR ORGANIZATION, CONTACT THE DOCUMENT CONTROL DESK (DCD)
ON EXTENSION 415-2083 TOTAL NUMBER OF COPIES REQUIRED:
LTTR 9
ENCL 9
November 4, 1998 EN 98-064 OFFICE OF ENFORCEMENT NOTIFICATION OF SIGNIFICANT ENFORCEMENT ACTION Licensee Indiana and Michigan Power Donald C. Cook Nuclear Generating Plant Docket Numbers 50-315 8 50-316 (EA 98-509)
~Sub ect:
EXERCISE OF ENFORCEMENT DISCRETION This is to inform the Commission per Section III of the Enforcement Policy that the NRC will exercise enforcement discretion per Section VII.B.2 of the Enforcement Policy and not issue a Notice of Violation to Indiana and Michigan (l8M) Power for a violation associated with motor operated valves (MOVs) at Donald C. Cook.
This is the initial exercise of VII.B.2 discretion at Donald C. Cook since significant enforcement action was taken pursuant to the Staff Requirements Memorandum of October 9, 1998 associated with SECY-98-221.
The violation involves a failure to correctly translate the design-basis of safety-related MOVs into specifications which resulted in 12 MOVs not meeting their continuous structural limit. Normally, this violation would be considered for escalated enforcement in accordance with the Enforcement Policy.
However, the NRC has concluded that enforcement discretion is appropriate because (1) signiTicant NRC enforcement action (EAs98-150, 151, 152 & 186 proposed a $500,000 civil penalty on October 13, 1998) was taken against l&M for several programmatic breakdowns including design control issues; (2) the NRC has implemented NRC Manual Chapter 0350 (MC-0350), "Guidelines for Restart Approval," at D. C. Cook to enhance oversight of corrective actions and therefore additional enforcement action is not considered necessary to achieve remedial action for the violation due to I&M's commitment (MC-0350 restart check list item 16) to address MOV issues prior to plant restart; (3) the violation is related to a problem which was present prior to the events leading to the shutdown; (4) the violation is not classified at a Severity Level I; (5) the violation was not willful; and (6) through the MC-0350 process, NRC approval of corrective, actions, for those items defined to be within the scope of the process, is required prior to plant restart.
Should additional enforcement discretion pursuant to Section VII.B.2 be warranted for additional violations identified during the continuing extended shutdown of the D.C. Cook facility,'he staff intends to exercise such action, consistent with the Enforcement Policy, without further Commission notification.
It should be noted that the licensee has not been specifically informed of the enforcement action.
The schedule of issuance and notification is:
J. Lieberman, OE, 415-2741 Regional Offices RI RII RIII RIV MAIL NUDOCS PDR Mailing of Notice November 9, 1998 Telephone Notification of Licensee November 9, 1998
,The State of Michigan will be notified.
Contacts:
M. Satorius, OE, 415-2747 Distribution OWFN OWFN TWFN Chairman Jackson EDO AEOD Comm. Dicus DEDE OC Comm. Diaz OE OP CTR Comm. McGaffigan OGC NMSS Comm. Merrifield NRR IRM SECY Ol OIG OCA SP RES PA IP PRELIMINARY INFORMATION - NOT FOR PUBLIC DISCLOSURE UNTIL 9902i00377 98ii04 ICENSEE HAS RECEIVED ACTION PDR I8(E EN-'PS-064 PDR