ML18153D077
| ML18153D077 | |
| Person / Time | |
|---|---|
| Site: | Surry  |
| Issue date: | 07/13/1992 |
| From: | NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | |
| Shared Package | |
| ML18153D076 | List: |
| References | |
| EA-92-093, EA-92-93, NUDOCS 9208070028 | |
| Download: ML18153D077 (3) | |
Text
NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY Virginia Electric and Power Company Surry Power Station Unit 1
- Docket No. 50-280 License No. DPR-32 EA 92-093 During an NRC inspection conducted on May 11-18, 1992, 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 (57 FR 5791, February 18, 1992), the Nuclear Regulatory Commission proposes to impose a civil penalty pursuant to Section 234 of the Atomic
~nergy Act of 1954, as amended (Act), 42 U.S.C. *2202, *and 10 CFR 2.205.
The particular violation and associated civil penalty are set forth below:
Technical Specification 3. 3.. B. 2 requires, in part, if two of the three charging pumps in a unit are out of service, one of the inoperable pumps shall be restored to* an operabl~
status within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />.
If one of the inoperable pumps is not restored within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />, then the reactor shall be shutdown.
Contrary to the above, between May 1 and May 11, 1992, the charging pumps for Unit 1 were routinely aligned such that the "A" and 11 C11 charging pumps were inoperable in excess of 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> and _the unit was not brought.to shutdown.
This condition existed from about 10: 11 p.m. on May 1, 1_992 to 10:06 a.m. on May 7; from 5:55 p.m. on May 7, 1992 to 9:22 p.m. on May 9; and from 10:29 p.m. on May 9 to 9:30 a.m. on May 11.
This is a Severity Level III violation (Supplement I) *
. Civil Penalty - $50,000 Pursuant to the provisions of 10 CFR 2.201,.Virginia Electric and Power Company (Licensee) 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 Violation" and should include for each alleged violation: -. (1) admission or denial of the alleged 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 that 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 or a Demand for Information may be issued as to 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 9208070028 920713 PDR ADOCK 05000280 0
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to.extending the response time for good cause shown.
Under t;.he 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, money order, or electronic transfer payable to the Treasurer of the United States in the amount of the civil penalty proposed above, or the cumulative ampunt of 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 violation listed in this Notic~
. in whole or in part, (2) demonstrate extenuating c_ircumstances, (3) show error in this Notice, or (4) show other reasons why the penalty should not be imposed.* In addition t.o protesting the civil penalty in whole or in part, such answer may request remission or mitigation of the penalty.
In requesting mitigation of the proposed penalty, the factors addressed in Section VI.B.2 of 10 CFR Part 2, Appendix C (57 FR 5791, February 18, 1992), 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 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 t_he penalty, unless compromised, remitted, or mitigated, may be collected by civil action pursuant to Section 234c of the Act~ 42 u.s.c. 2282c.
- The response 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 Administrator, U.S. Nuclear Regulatory Commission, Region II, and*
a copy to the NRC Resident Inspector at the facility that is the subject of this Notice.
Dated at Atlanta, Georgia
. this day of July 1992