ML19208D005

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Notice of Proposed Imposition of Civil Penalties for Items of Noncompliance Found in 790415-19 Insp
ML19208D005
Person / Time
Site: Surry 
Issue date: 08/15/1979
From:
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
To:
Shared Package
ML19208D004 List:
References
NUDOCS 7909270740
Download: ML19208D005 (1)


Text

APPENDIX B NOTICE OF PROPOSED IMPOSITION OF CIVIL PENALTIES Virginia Electric and Power Company Occket No.,50-281 License No. OPR-37 This office proposes to impose civil penalties pursuant to Section 234 of the Atomic Energy Act of 1954, as amended (42 USC 2282), and to 10 CFR 2.205 in the cumulative amount of Fif teen Thausand Dollars (515,000.00) for the specific items of noncompliance set forth in Appendix A to the cover letter.

In proposing to impose civil penalties pursuant to this section of the Act and in fixing the proposed amount of the penalties, the factors identified in the statements of consideration published in the Federal Register with the rule making action which adopted 10 CFR 2.205 (36 FR 16894) August 26, 1971 and the

" Criteria for Determining Enforcement Actions", which was sent to NRC licensees on December 31, 1974, have been taken into account.

Virginia Electric and Power Company may, within twenty (20) days of receipt of this notice, pay the civil penalties in the cumulative amount of Fifteen Thousand Dollars ($15,000.00) or may protest the imposition of the civil penalties in whole or in part by a written answer.

Should Virginia Electric and Power Company fail to answer within the time specified, this office will issue an order i.? posing the civil penalties in the amount proposed above.

Should Virginia Electric and Pcwer Company elect to file ar. answer protesting the civil penalties, such answer may (a) deny the items of nonccmpliance listed in the Notice of Violation in whole or in part, (b) demonstrate extenuating circumstances, (c) show error in the Notice of Violation, or (d) 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.

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., giving page and paragraph numbers) to avoid repetition.

Virginia Electric and Power Company's attention is directed to the other provisions of 10 CFR 2.205 regarding, in particular, failure to answer and ensuing orders; answer, consideration by this office, and ensuing orders; requests.*or hearings, hearings and ensuing orders; compromise; and collection.

Upon failure to pay any civil penalty due which has been subsequently determined in accordance with the applicable provisions of 10 CFR 2.205, the matter may be referred to the Attorney General and the penalty, unless conpromised, remitted, or mitigated, may be collected by civil action pursuant to Section 234c w the Atomic Energy Act of 1954, as amended (42 USC 2282).

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Virginia Electric and Power Company Docket No. 50-281 Attn:

Stanley Ragone, President Post Office Box 26666 License No. OPR-37 Richmond, Virginia 23261 Gentlemen:

This refers to the special inspection conducted by our Region II office in Atlanta, Georgia on April 15-19, 1979, of activities authorized by NRC License No. DPR-37 for Surry Unit 2 as a result of your reporting an exposure of one of year employees to radiation in excess of 10 rems during an entry into the inccre instrument roon, on April 14, 1979.

The inspection consisted of selective examinations of procedures and representa-tive records, interviews with personnel, and observations by the inspector.

The findings of this inspection were discussed with W.

L. Stewart and others of his staff on April 19, May 2, and May 7,1979.

Specific items of noncom-pliance revealed during this inspection are set forth in the Notice of Violation, enclosed as Appendix A to this letter.

Our concern with regard to this overexposure is amplified'in that the potential for significant personnel exposures from entries into this area was brought to your attention by IE Circular 76-03, " Radiation Exposures in Reactor Cavities,"

dated September 10, 1976.

The overexposure apparently resulted from a disregard on the part of an individual for the precautions discussed in your response to this circular.

In addition, the individual overexposed, while entering the incore instrument room beneath the reactor vessel, was a senior reactor operator and the senior VEPC0 operations representative onsite at the time.

We are seriously concerned that the actions of this senior member of your staff might serve as an example to your employees.

The significance of this occurrence cannot be overstated.

Consequently, we propose civil penalties in the cumulative amount of Fifteen Thousand Dollars ($15,000.00)

Appendix A to this letter.

for the items of noncompliance set forth in Imposition of Civil Penalties. Appendix B to this letter is the Notice of Proposed in preparing your response should follow the instructions in Appendix A.You Your written reply to this letter and Notice of Violation and the findings of our continuing inspection program will be considered in determining whether further enforcement action, such as additional civil penalties or orders to suscend, modify or revoke the license, may be required to assure continued compliance.

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RET'JR:, ;ECEIPT REOUESTED

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  • In accorda :e with Section 2.790 of the NRC's " Rules of Practice," Part 2, Title 10, lade of Federal Regulations, a copy of this letter and the enclosures will be p' aced in the NRC's Public Document Room.

Sincerely,

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Victor ~5te'.lo, Jr.

Director Office of Inspection and Enforcement

Enclosures:

1.

Appent's A, Notice of Violation 2.

Appenc's B, Notice of Droposed Imp:3ition of Civil Penalties cc w/encles;res:

W. L. Proitt, Senior Vice President Post Offi:s Box 26666 Richmond,.irginia 23261 W. L. Ste.1

, Manager Post Of fice Sox 315 Surry, Vi-: nia 23883 Commonwea': of Virginia 1042 Oc0