ML19322B808

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Forwards IE Insp Repts 50-269/77-01,50-270/77-01 & 50-287/77-01 on 761220-23,770118-21 & 25-28,notice of Violation & Proposed Imposition of Civil Penalties
ML19322B808
Person / Time
Site: Oconee  Duke Energy icon.png
Issue date: 03/29/1977
From: Volgenau E
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
To: Horn C
DUKE POWER CO.
Shared Package
ML19322B778 List:
References
NUDOCS 7912050793
Download: ML19322B808 (3)


See also: IR 05000269/1977001

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UNITED STATES

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NUCLEAR REGULATORY COMMISSION

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MAR 291977

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Duke Power Company

License Nos.: DPR 38

Attn:

Mr. Carl Horn, Jr.

DPR 47

President

DPR 55

P.O. Box 2178

Docket Nos.:

50-269

Charlotte, North Carolina 28242

50-270

50-287

Gentlemen:

This refers to the inspection conducted on December 20-23, 1976 by

Mr. A. L. Cunningham; January 18--21, 1977 by Messrs. T. Epps, P. Burnett

and C. Alderson; and January 25-28, 1977 by Mr. A. Kowalczuk of our

Region II office in Atlanta, Georgia, of activities authorized by NRC

License Nos. DPR-38, DPR-47 and DPR-55; and to the meetings held on

December 23, 1976, January 21, 1977, and January 28, 1977, with Mr. J.

E. Smith and members of the Oconee staff to discuss the inspection

findings. This also refers to the meetin;; held at the Region II offics

on February 11, 1977, attended by Mr. W. O. Parker, Jr. and other members

of your staff with Mr. N. C. Moseley and other members of the Region II

office.

This inspection concentrated on events associated with the release of

more than three curies of radioactivity resulting from radioactive

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secondary system water leaking in,.a a turbine building sump beginning

January 17, 1977.

Other activities including plant operaticas and

testing, nonradiological environmental controls and followup on pre-

viously identified items of nonce =pliance and unresolved items were also

examined.

Based on the results of this inspection, it appears that several of your

activities were not conducted in full compliance with NRC requirements

as set forth in the Notice of Violation, enclosed herewith as Appendix A.

Our concern for inadequate control syste=s related to the identified

problem areas was expressed in the Region II meeting with Duke Power

Company representatives on February 11, 1977. Concern was expressed

that timely, effective corrective action had not been imple=en ad to

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prevent recurrence and to minimire the consequences cf identified

problems. The need for i= mediate, corrective action was emphasized. % .a

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letter from the Region II office to Duke Power Company dated February 1,

1977, confirming corrective actions to be Omh regarding the leakage of

CERTInED MAIL

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RETURN RECEIPT REQUESTED

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MAR 291977

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Duke Power Company

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radioactive water that began on January 17, 1977. Certain of the items

in Appendix A illustrate that several days passed before a coordinated

management effort to minimize, control and adequately monitor radio-

active effluents was developed to prevent additional noncompliance with

regulatory requirements, even though license conditions require prior

planning to cope with such occurrences.

In addition, Region II personnel

met with senior Duke Power Company representatives on April 16, 1974,

August 29, 1974, and June 9, 1976, to discuss our~ concerns regarding

your implementation of radiological requirements and the need for

improved management controls to correct identified problems.

The enforcement history of the Oconee Nuclear Station related to radio-

logical cont:ols, enclosed herewith as Appendix C, shows numerous as

well as repetitive or similar items of noncompliance.

Specifically,

Appendix C shows 41 items of noncompliance involving 30 basic require-

ments over the past three years.

Of the 30 basic requirements, it was

found that in seven instances the items were repetitive ce similar to

items found during other inspections.

Further, Iten Nos. 1, 5 and 6 in

Appendix A to this letter are repetitive or similar in nature to items

found during previous inspections.

Based on our review of the enforcement history related to the Oconee

Nuclear Station it appears that the history of repetitive and chronic

noncompliance, when considered in conjunction with failure to institute

effective corrective action and =anagement controls, demonstrates that

management is.apparently not conducting licensed activities with adequate

concern for the health, safety or interest of its employees or the public.

Consequently, in your reply, you should describe those actions taken or

planned to imp' rove the ef f ectiveness of your management syste=s to con-

trol plant effluents, effluent =onitoring, radiation safety and to i= prove

communications and performance among operating, health physics, chemistry

and =aintenance organizations involved with such activities.

As you are aware from the " Criteria for Deter"N g Enforcement Action,"

which was provided to you by letter dated December 31, 1974, the enforce-

ment actions available to the Cocsission in the exercise of its regulatory

responsibilities include administrative actions in the form of written

notices of violation, civil monetary penalties, and orders pertaining to

the modification, suspension or revocation of a license. After careful

evaluation of the items of nonco=pliance identified in Appendix A and the

results of our inspection, this office proposes to i= pose civil penal-

ties, pursuant to Section 234 of the Atomic Energy Act of 1954, as

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amended, (42 USC 2282) and 10 CFR 2.205, in the cumulative a=ount of

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Tverty One Thousand Five Hundred Dollars ($21,500) as sec forth in the

" Notice of Proposed Imposition of Civil Penalties," enclosed herewith

as Appendix 3.

This notice is sent to you pursuant to the provisions of Section 2.201

of the NRC's " Rules of Practice," Part 2 Titic 10, Code of Federal

Regulations.

Section 2.201 requires you to submit to this office

within twenty (20) days of your receipt of this notice a written

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statement or explanation in reply including: (1) corrective steps which

have been taken by you and results achieved;

(2) corrective steps which

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will be taken to avoid further items of nonco=pliance; and (3) the date

when full compliance will be achieved.

Your written reply to this letter, combined with our findings from our

continuing inspection program, will be considered in determining whether

any further enforce =ent action such as license modification, suspension

or revocation is appropriate.

Sincerely,

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Ernst Volgenau,

Director

Office of Inspection and

Enforcement

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Enclosures:

1.

Appendix A, Notice

of Violation

2.

Appendix 3, Notice of

Proposed I= position of

Civil Penalties

Ap'endix C, Enforcement

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History Related to

Radiation Safety

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