ML18029A788
| ML18029A788 | |
| Person / Time | |
|---|---|
| Site: | Browns Ferry |
| Issue date: | 07/22/1985 |
| From: | Grace J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | |
| Shared Package | |
| ML18029A787 | List: |
| References | |
| 50-259-85-13, 50-260-85-13, 50-296-85-13, EA-85-051, EA-85-51, NUDOCS 8508140246 | |
| Download: ML18029A788 (4) | |
Text
NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTIES Tennessee Val 1 ey-AWhority Browns Ferry Units 1, 2 and 3
Docket Nos.
50-259, 50-260 and 50-'296 License Nos.
DPR-33, DPR-52 and DPR-68 EA 85-51 As a result of the inspections conducted on February 20 - March 1, 1985 several violations of regulatory requirements were identified.
In accordance with 10 CFR 2.201 and the "General Statement of Policy and Procedure for NRC Enforcement Actions,"
( 1985),
and pursuant, to Section 234 of the Atomic Energy Act, as
- amended,
("Act"), 42 U.S.C.
- 2282, PL 96-295, and 10 CFR 2.205, the particular violations and associated civil penalties are set forth below:
A.
Technical Specification
- 3. 1 requires that for the reactor protection system there be two operable or tripped trip systems for each function (Table 3. 1.A).
If two instrument channels for the reactor low water level trip system are not operable for both trip systems, the appropriate actions shall be taken, including the initiation of insertion and completion of insertion of all operable control rods within four hours.
Contrary to the above, this requirement was not met on Unit 3 for the reactor low water level trip system. in that two reactor water level instruments (LIS-3-203 A,B) were inoperable on February 13, 1985.
At the time, sufficient redundant water level indication existed which'hould have alerted the licensee that it was in an action statement condition.
The licensee. did not initiate and complete insertion of operable control rods within four hours as required by the Technical Specification.
This is a Severity Level II violation (Supplement I).
(Civil Penalty - $ 100,000) 10 CFR Part 50, Appendix B, Criterion XVI requires that measures be established to assure that conditions adverse to quality be promptly identified and corrected.
These measures must assure that the cause of the condition is determined and corrective action is taken to preclude repetition.
Contrary to the above, on November 20, 1984 reactor vessel water level instrument problems were identified in that the Shift Engineer and Assistant Shift Engineer logs indicated that the GEMAC B narrow range instrument (LI-3-60) was reading approximately 11 inches lower than GEMACs A and C
(LI-3-53 and LI-3-206 respectively).
The cause of this discrepant condition was not determined and corrective actions were not taken to preclude repetition in that on February 13,
- 1985, the same instruments were similarly providing inconsistent readings.
This is a Severity Level III violation (Supplement I).
(Civil Penalty
$50,000) pgP ADOCK 0500025 6
10 CFR 50.72 requires each nuclear power reactor licensee to notify the NRC as soon as practical and in al'1 cases within one hour of the occurrence of any event during operation that results in the condition of the nuclear gower plant being seriously degraded.
Contrary to the above, two low water level instrument channels, one in
'ach Reactor Protection System trip system, were inoperable during a reactor startup on February 13, 1985.
This seriously degraded condition was not reported to the NRC until approximately forty-three hours after the event occurred when a one-hour report was filed.
This is a Severity Level IV violation (Supplement I).
Pursuant to 10 CFR 2.201, Tennessee Valley Authority is hereby required to submit to the Director, Office of Inspection and Enforcement, U.S. Nuclear Regulatory Commission, Washington, D.
C.
20555, with a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, Region II, 101 Marietta Street, N.W.,
Suite 2900, Atlanta, Georgia 30323, within 30 days of the date of this Notice a
written statement or explanation including for each alleged violation:
(1) admission or denial of the alleged violation, (2) the reasons for the violation if
- admitted, (3) the corrective steps which have been taken and the results achieved, (4) the corrective steps which wi 11 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, the Director, Office of Inspection and Enforcement, may issue an order 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, the response shall be submitted under oath or affirmation.
Within the same time as provided for the response required above under 10 CFR 2.201, Tennessee Valley Authority may pay the civil penalties in the amount of One Hundred and Fifty Thousand Dollars $ 150,000 for the violations or may protest imposition of the civil penalties in whole or in part by a written answer.
Should Tennessee Valley Authority fail to answer within the time specified, the Director, Office of Inspection and Enforcement, will issue an order imposing the civil penalties in the amount proposed above.
Should Tennessee Valley Authority elect to file an answer in accordance with 10 CFR 2.205 protesting the civil penalties, such answer 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 penalties should not be imposed.
In addition to protesting the civil penalties in whole or in part, such answer may request remission or mitigation of the penalties.
In requesting mitigation of the proposed penalties, the five factors addressed in Section Y.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 by specific reference (e.g., citing page and paragraph numbers) to avoid r'epetition.
The attention of Tennessee Valley Authority is directed to the other provisions of 10 CFR 2.205 regarding the procedure for imposing a civil penalty.
II'
Notice of Violation Upon failure to pay the penalties due which have been subsequently determined in accordance with the applicable provisions of 10 CFR 2.205, this matter may be referred to the Attorney General, and the penalties, unless compromised,
- remitted, or mitigated may'be=collected by civil action pursuant to Section 234c of the Act, 42 U.S.C.
2282.
Fo R THE NUCLEAR REGULATORY COMMISSION Oated at Atlanta, Georgia This QQ Day of July 1985
/1 Nelson Grace Regional Administrator