ML19327B501

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Forwards Enforcement Conference Repts 50-266/89-28 & 50-301/89-27 & Notice of Violations Noted in Insp Repts 50-266/89-22 & 50-301/89-21.Actions Taken Re Weakness in Tracking Sys for Orders Requested within 30 Days
ML19327B501
Person / Time
Site: Point Beach  NextEra Energy icon.png
Issue date: 10/25/1989
From: Davis A
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To: Fay C
WISCONSIN ELECTRIC POWER CO.
Shared Package
ML19327B502 List:
References
RTR-NUREG-0737, RTR-NUREG-737 EA-89-174, NUDOCS 8910310317
Download: ML19327B501 (3)


See also: IR 05000266/1989028

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October 25, 1989

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Docket Nos.- 50-266; 50-301

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. License Nos. DPR-24; UPR-27

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EA'89-174

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, Wisconsin' Electric Power Company

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ATTN:

Mr. C. W. Fay.

Vice President

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Nuclear Power

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231 West Michigan Street .P379

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Milwaukee, WI' 53201

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Gentlemen:

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SUBJECT:

NOTICE OF VIOLATION (NRC INSPECTION REPORTS NO. 50-266/89022(DRSS)

AND NO. 50-301/89021(DRSS)

This refers to an Enforcement Conference conduct &d by Dr. Carl J. Paperiello,

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Deputy Regional Administrator, and other members of the NRC staff with Messrs.

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Edward J. Lipke, James J. Zach, and other men.bers of your staf f on September 6,

1989, at the Region III office in Glen Ellyn, Illinois.

The conference was

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conduct <d to discuss apparent violations identified in NRC Inspection Reports

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No. 50-266/89022(DRSS) and No. 50-301/89021(DRSS)'of activities at Point Beach

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Nuclear Plant, Units 1 and 2, authorized by NRC Operating Licenses No. DPR-24

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and No. DPR-27.

The inspection was conducted by Mes:rs. R. A. Paul and

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C. F. Gill of this office during the period July 25 through August 24, 1989.

The August 30. 1989 letter transmitting the above reports stated that we were

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evaluating appropriate enforcement actions for the apparent violations.

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violations that were identified during this inspection are described in the

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ent.;oJed Notice of Violation (Notice) and involve:

(3) the failure to meet

Technical Specification requirements regarding high radiation area entry

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control procedures and (2) the failure to comply with a TMI confirmatory order

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. airborne radioiodine under predicated accident conditions.

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regarding the requirement to have a procedure to adequately measure inplant

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The failure to meet the TMI requirement is of concern because, after you

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initially implemented the requirement, the procedure was cancelled without

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Prior to revising or deleting procedures, it is imperative

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that you assure that the underlying purpose of the procedure is understood in

order to avoid-similar violations in the future.

We are also concerned with

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the failure to control high radiation areas.

On at least three occasions in

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April 1989, individuals apparently willfully enterad areas posted as high

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October 25, 1989

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radiation areas without authorization, and furthermore, these entries took

place despite your corrective actions for similar violations that occurred in

1988,

A civil penalty is considered for a willful violation at any Severity Level.

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A civil penalty was considered in accordance with the " General Statement of

Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C

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(1989) (Enforcement Policy).

However because you identified these entries

andtookpromptandextensivecorrectIveactionandbecauseyourperformance

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in the area of concern hat, been good as indicated by the most recent SALP

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rating, the penalty is fully mitigated.

Nevertheless, you should be aware

that any further recurrence of these violations could be considered to

represent a potentially significant lack of attention toward licensed

responsibilities and subject to escalated enforcement action as a Severity

Level III problem.

Based on statements made by your representatives at the conference, we

understand that you will correct a weakness in your commitment tracking system

for Confirmatory Orders for which Safety Evaluation Reports were not issued by

NRC.

We request that you inform us within 30 days of the date of this letter

of your actions to correct this weakness, including your schedule for

completion.

You are required to respond to this letter and should follow the instructions

specified in the enclosed Notice when preparing your response.

In your

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response, you should document the specific actions taken and any additional

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actions you plan to prevent recurrence.

Af ter reviewing your response to

this Notice, including your corrective actions and the results of future

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inspections, the NRC will determine whether further NRC enforcement action

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is necessary to ensure compliance with NRC regulatory requirements.

In accordance with Section 2.790 of the NRC's " Rules of Practice," Part 2,

Title 10, Code of Federal Regulations, a copy of this letter and its

enclosures will be placed in the NRC Public Document Room.

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The. responses directed by this letter and the enclosed Notice are not subject

to the clearance procedures of the Office of Management and Budget as required

by the Paperwork Reduction Act of 1980, Pub. L. No.96-511.

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Wisconsin Electric Power Company

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October 25, 1989

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We will gladly discuts any questions you have concerning this inspection.

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Sincerely,

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A. Bert Davis

Regional Administrator

Enclosures:

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Notice of Violation

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2.

Enforcement Conference Reports

No. 50-266/89028(DRSS);

No. 50-301/89027(DRSS)

3.

Inspection Reports

No. 50-266/89022(DRSS);

No. 50-301/89021(DRSS)

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cc w/ enclosures:

J. J. Zach, Plant Manager

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DCD/DCB (RIDS)

Licensing Fee Management Branch

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Resident Inspector, RIII

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Virgil Kanable, Chief

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Boiler Section

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Charles Thompson, Chairman

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Wisconsin Public Service

Commission-

R. I. Braund (SLO),

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WI Div. of Emergency Government

Lawrence J. McDonnell, Chief

Radiation Protection Section

WI Department of Health and

Social Services, Division

of Health

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J. Lieberman, OE

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J. De1 Medico, OE

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J. Goldberg, OGC

J. Partlow, NRR

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