ML18033B284
| ML18033B284 | |
| Person / Time | |
|---|---|
| Site: | Browns Ferry  |
| Issue date: | 05/02/1990 |
| From: | Crutchfield D Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML18033B283 | List: |
| References | |
| EA-89-239, NUDOCS 9005070261 | |
| Download: ML18033B284 (6) | |
Text
NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY Tennessee Valley Authority Browns Ferry Nuclear Plant Docket Nos.
50-259, 50-260, 50-296 License Nos.
DPR-33, DPR-52, DPR-68 EA 89-239 During the Nuclear Regulatory Commission (NRC) inspection conducted on November 26-29,
- 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 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 violation and associated civi 1 penalty are set forth below:
Violation Assessed A Civil Penalt 10 CFR 70.51(c) requires, in part, that each licensee who is authorized to possess at any one time special nuclear material (SNM) in a quantity exceeding one effective kilogram shall establish,
- maintain, and follow written material control and accounting procedures which are sufficient to enable the licensee t
to account for the SNN in his possession under license.
Licensee Procedure TI-14, Special Nuclear Haterial Control, Revision 15, step 7.8.5 requires that a physical inventory of all nonfuel SNN will be conducted at least once per year.
A partial inventory will be conducted after each receipt, transfer, or shipment.
All inventory discrepancies shall be documented by initiating a Condition Adverse to equality Report.
A discrepancy may be the difference in piece counts, serial number, location, etc.,
between the inventory results and the history records.
Contrary to the above, the licensee failed to perform adequate physical inven-tories in 1987 and 1988 in that an inventory conducted in 1989 identified 26 discrepancies not detected in those earlier inventories.
This is a Severity Level IV violation (Supplement III).
Civil Penalty - $18,750 Pursuant to the provisions of 10 CFR 2.201, the Tennessee Valley Authority 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 PPOg070261 5'00502 PDR ADOCK 05000259 6
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"2" Violation" and should include for each violation:
(1) admission or denial of the 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 which 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 shall be submitted under oath or affirmation.,
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 money order payable to the Treasurer of the United States in the amount of the civil penalty proposed
- above, or the cumulative amount the civil penalties if more than one civil penalty is proposed, 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 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 penalty should not be imposed.
In addition to protesting the civil penalty, such answer may request remission or mitigation of the penalty.
In requesting mitigation of the proposed penalty, the five 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 the penalty due, which has 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 penalty, unless compromised,
- remitted, or mitigated, may be collected by civil action pursuant to Section 234c of the Act, 42 U.S.C.
2282c.
0
"3-The responses to the Director, Office of Enforcement, noted above (Reply to a 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 Commission, ATTN:
Document Control Desk, Mashington, DC 20555, with a copy to the Associate Director for Special Projects, NRR, and a copy to the NRC Resident Inspector, Browns Ferry.
FOR THE NUCLEAR REGULATORY COMMISSION Dated at Rockville, Haryland this 2nd day of Hay 1990.
Dennis N. Crutchfield, Associ e Director for Special Projects Office of Nuclear Reactor Regulation
Mr. Oliver D. Kingsley, Jr.
May 2, 1990 DISTRIBUTION SECY CA
- TMurley, NRR
- JSneizek, DEDR JGPartlow, NRR Enforcement Coordinators RI, RII, RIII, RIV, RV
- FIngran, PA
- BHayes, OI
- EJordan, AEOD DWilliams, IG
- DRosano, OE Docket Files SgN Reading AOSP Reading BWilson, RII WLittle, RII KIvey Resident Inspector EA File OE:Day File
- BSummers, OE (ltr hd)
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