ML18044A442
| ML18044A442 | |
| Person / Time | |
|---|---|
| Site: | Palisades  |
| Issue date: | 12/20/1979 |
| From: | Stello V NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| To: | CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.) |
| Shared Package | |
| ML18044A441 | List: |
| References | |
| NUDOCS 8001220062 | |
| Download: ML18044A442 (3) | |
Text
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of CONSUMERS POWER COMPANY (Palisades Nuclear Power Facility)
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Docket No. 50-255 ORDER IMPOSING CIVIL MONETARY PENALTIES I.
The Consumers Power Company (the "licensee") is the holder of Provisional Operating License No. DPR-20 (the "license") which authorizes operation of the Palisades Nuclear Power Facilty (the 11facility 11 ) at*steady state reactor tore power levels not in excess of 2530 megawatts thermal (rated power).* The license was issued on September 1, 1972.
The facility consists of a pressurized light water moderated and cooled reactor (PWR), located at the licensee's site in Covert Township, Van Buren County, Michigan.
II.
In the course of a routine inspection conducted during September 1979, it was reported to the NRC Resident Inspector on September 14, 1979, that the facility had operated with containment integrity violated by the locked-open condition of manual isolation valves in the containment purge bypass line.
This condi-tion existed since the previous refueling outage in April 1978, at which time two manual containment isolation valves had been manipulated after testing filters and an administrative check had not been made to confirm that such valves were locked and closed as required.
Moreover, there was not evidence that the required notification and sign off had been obtained from the shift supervisor and plant health physicist.
The open valves negated the capability of the containment building to contain an overpressure accident if such an event hatj occurred.
The specific items of noncompliance associated with the incident were described in a Notice of Violation which was served upon the
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2 licensee by letter dated November 9, 1979, specifying the items of noncompliance in ~ccordance with 10 CFR 2.201.
A Notice of Proposed Impositioh of Civil Penalties dated November 9, 1979, was served concurrently upon the licensee in accordance with Section 234 of the Atomic Energy Act of 1954, as amended, (42 U.S.C. 2282), and 10 CFR 2.205, incorporating by reference the Notice of Violation, which stated the nature of the items of noncompliance and the provisions of NRC regulations and the license conditions with which the licensee
. was in noncompliance.
Two letters dated November 29, 1979, with attachments, in response to the Notice of Violation and Notice of Proposed Imposition of Civil Penalties were received from the licensee.
III.
Upon consideration of the answers received and the statements of fact, explanation and argument in denial or mitigation contained therein, the Director of the Office of Inspection and Enforcement has determined that the penalties proposed for the items of noncompliance designated in the Notice of Violation should be imposed.
IV.
In view of the foregoing and pursuant to Section 234 of the Atomic Energy Act of 1954, as amended, (42 U.S.C. 2282), and 10 CFR 2.205, IT IS HEREBY ORDERED THAT:
The licensee pay civil penalties in the total amount of Four Hundred and Fifty Thousand Dollars ($450,000.00) within twenty (20) days of the date of receipt of this Order, by check, draft, -or money order payable to the Treasurer of the United States and mailed to the Director of the Office of Inspection and Enforcement.
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The licensee may, within twenty (20) days of the receipt of this Order req~est I
a hearing.
If a hearing is requested, the Commission will issue an Order designating the time and place of hearing.
Upon failure of the licensee to request a hearing within twenty (20) days of the date of receipt of this Order, the provisions of this Order shall be effective without further proceedings and, if payment has not been made by that time, the matter may be referred to the Attorney General for collection.
VI.
In the event the licensee requests a hearing as provided above, the issues to be considered at such a hearing shall be:
(a) whether the licensee was in noncompliance with the Commission 1 s regulations and the conditions of the license in the respects set forth in the Notice of Violation referenced in Section II above, and (b) whether, on the basis of such items of noncompliance the Order should be sustained.
FOR THE NUCLEAR REGULATORY COMMISSION
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Victors...
Victor Stello, Jr.
Director Office of Inspection and Enforcement Dated at Bethesda, Maryland this day of
, 1979 DEC -2 0 1919
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