ML18057B380
| ML18057B380 | |
| Person / Time | |
|---|---|
| Site: | Palisades  |
| Issue date: | 11/14/1991 |
| From: | Davis A NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | |
| Shared Package | |
| ML18057B381 | List: |
| References | |
| EA-91-126, NUDOCS 9111210040 | |
| Download: ML18057B380 (3) | |
Text
.
I NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY Consumers Power Company Palisades Nuclear Generating Plant Docket No. 50-255 License No. DPR-20 EA 91-126 During an NRC inspection conducted September 10 through 20, 1991, violations of NRC requirements were identified.
In accordance with the "General Statement of Policy and Procedure for NRC Enforcement Actions, 11 10 CFR Part 2, Appendix C (1991), the Nuclear Regulatory Commi~sion 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 civil penalty are set forth below~
A.
- Technical Specification 6.8. l.a requires that written procedures be established, implemented and maintained covering the applicable procedures recommended in Appendix A of Regulatory Guide 1.33, "Quality Assurance Program Requirements."
Regulatory Guide 1.33, Appendix A, "Typical Procedures for Pressurized Water Reactors and Boiling Water Reactors, 11 paragraph 3 requires, in part, that the licensee establish and follow written procedures for startup, operation and shutdown of safety-related activities, including instructions for energizing the Emergency Core Cooling System and the Containment Cooling System.
Palisades Plant Procedure No. GOP 2, "Plant Heatup (Cold Shutdown to Hot Shutdown), 11 Revision 10, implements the requirements of Technical Specification 6.8. l.a and Regulatory Guide 1.33, Appendix A..
Contrary to the above, as of March 10, 1991, the Licensee failed to establish adequate written procedures to energize the containment spray pumps, which are a part of the* Containment Cooling System, and the high pressure safety injection pumps, which are a part of the Emergency Core Cooling System.
Specifically, Procedure No. GOP 2, 11 Plant Heatup (Cold Shutdown to Hot Shutdown),
11 Revision 10, which the licensee uses to control system restoration during startup, did not have a requirement to test start the containment spray pumps and the high pressure safety injection pumps to verify operability after the breakers were racked in and appropriate plant conditions established.
B.
Technical Specification 3.4.1 requires, in part, that the reactor shall
-not be made critical unless.the equipment associated with diesel generator 1-1 is operable, including Containment Spray Pump P54C.
9111210040 911114 PDR ADOCK 05000255 Q
Notice of Violation Technical Specification. 3.4.2 requires, in part, that during power operation, one of the components listed in Specification 3.4. 1 may be inoperable provided that the corresponding redundant components sha 11 be tested to demonstrate operability. If 'the inoperable component is not restored to operability within 7 days, the reactor shall be placed in a hot standby condition within 12 hours1.388889e-4 days <br />0.00333 hours <br />1.984127e-5 weeks <br />4.566e-6 months <br />.
If the inoperable component is not restored to operability within an additional 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br />, the reactor shall be placed in a cold shutdown condition within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />.
Contrary to the above, the reactor was made critical and was in power operation during the period of March 10, 1991 through March 25, 1991, and from March 26, 1991, until May 23, 1991, while containment spray pump P54C was not operable. Although each period exceeded seven days, redundant component testing was not performed and the reactor was not
~laced in a hot standby condition nor subsequently in*cold shutdown within the applicable time periods.
This is a Severity Level III problem (Supplement I).
Cumulative Civil Penalty - $50,000 (assessed equally among the two violations).
Pursuant to the provisions of 10 CFR 2.201, the Consumers 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 Violation and Proposed Imposition of Civil Penalty (Notice).
This reply should be clearly marked as a 11Reply to a Notice of Violation 11 and should include for each alleged violation:
(1) admission or denial of the alleged violation, (2) the reasons for the violation if ad~itted, 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 is achieved.
If an adequate reply is not received within the time specified in thi~ Notice, a demand for information order may be issued to show cause 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.
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 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 for the cumulative amount of the civil penalty proposed above, 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 in whole or in part, such answer may request remission or mitigation of the penalty.
- 3 In requesting mitigation of the proposed penalty, the factors addressed in Section V.B of 10 CFR Part 2, Appendix C (1991), 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 protedure 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 aetion 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, U.S. Nuclear Regulatory Commission, ATTN:
- Document Control Desk, Washington, D.C. 20555 with a copy to the Regional Admini~trator, U.S. Nuclear Regulatory Commission, Regioh III, 799 Roosevelt -
Road, Glen Ellyn, Illinois 60137, and a copy to the_NRC Resident Inspector at the Palisades Nuclear Generating Plant.
Dated at Glen Ellyn, Illinois this 14th day of November 1991 FOR THE NUCLEAR REGULATORY COMMISSION
. LJj p,, A/P,,,,,f)/r L A. Bert Dav~-T --..,,/
- Regional Administrator
-