ML19354E884
| ML19354E884 | |
| Person / Time | |
|---|---|
| Site: | Oyster Creek |
| Issue date: | 01/22/1990 |
| From: | Russell W NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | |
| Shared Package | |
| ML19354E881 | List: |
| References | |
| EA-89-207, NUDOCS 9002020212 | |
| Download: ML19354E884 (3) | |
Text
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NOTICE OF VIOLATION AND i
PROPOSED IMPOSITION OF CIVIL PENALTY j
i GPU Nuclear Corporation Docket No.
50-219 Oyster Creek License No.
DPR-16 EA 89-207 During an NRC special safety. inspection :.onducted on September 25 - October 5,
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1989, NRC inspectors reviewed the circumstances surrounding an event-involving the loss of control of safety related equipment, and the licensee's failure' to initiate tim'ely corrective actions when-this condition was initially identified.
In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix-C, the Nuclear Regulatory Commission proposes to impose a civil penalty pursuant to Section 234 of_the Atomic Energy Act of 1984, as amended ("Act"),'42 U.S.C. 2282, PL 96-295, and-10 CFR 2.205. The particular violation and the associated civil penalty are-l set forth below:
I, VIOLATION ASSESSED A CIVIL PENALTY'
.l 10 CFR 50, Appendix B, Criterion XVI requires, in part, that measures.
shall be established to assure that conditions adverse-to quality be promptly identified and corrected.
In the case of significant conditions' adverse to quality, the measures shall assure that-the-l cause of the condition is determined and corrective action.taken to.
preclude repetition.
Oyster Creek Station Procedure 104 (Control of Nonconformances), estab-q lished to meet the requirements of 10 CFR 50,. Appendix B,' Criterion'XVI, requires in Paragraph 5.1, that personnel who become aware of a condition-adverse to quality shall document it using appropriate means or shall report it to their supervisor.
Paragraph 5.6 requires, in part, that Deviation Reports should be prepared'for significant conditions adverse to quality. Appendix I of this procedure defines a' significant condition adverse to' quality to ; include operation of a safety-related system contrary to that as described in the Final. Safety Analysis Repor,t (FSAR).
Section-8.3.2 of the FSAR states that'a safety related DC contro1~ power source is-required for the unit substation (USS) IB2 breaker control power.
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Contrary to the-above, between February 2G,1989.and September. 16, 1989, licensee personnel were aware of a signiftcant condition adverse to quality, as identified.on six occasions' during that time. However, the condition was not documented on a deviation report and was not corrected until 4
. September 16, 1989. The ~ specific condition adverse to quality involved the Unit substation USS 182 breaker control power being aligned to the "A"'DC distribution system, which was not a safety-related DC control power source,
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in that it was not seismically qualified.
This is a Severity Level III violation.
(Supplement I)
Civil Penalty - $25,000 0FFICIAL RECORD COPY CP PKG OYSTER CREEK 1/17/90 - 0005.0.0 9002020212 900122 PDR ADOCK 05000219 Q
m Notice of Violation 2-II. - VIOLATION NOT ASSESSED A CIVIL PENC 1Y i
10 CFR, Part 50, Appendix B, Criterion V, requires that activities affecting quality shall be prescribc-d by documented instructions, proce-dures, or drawings of the type appropriate to circumstances and shall be accomplished in accordance with these instructions, procedures or drawings.
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Oyster Creek Operational Quality Assurance Plan, established in accordance with 10 CFR Part 50, Appendix B, Criterion II, requires, in Section i]
6.10.1.2 (Control of Station Activities), that procedures shall be provided-
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for control of equipment, as necessary, to maintain personnel and reactor a
safety,'to. avoid unauthorized operation of equi r.'nt, and to assure that operational equipment is in a ready status.
Contrary to the above, prior to September 16, 1989, certain procedures _
for the control of equipment affecting quality were not adequate to assure that operational equipment was in a ready ~ status in that Station Procedure 340.1, "125 VDC Distribution Systems "A" and "B", and Station Procedure.
1 338, "460 Volt Electrical System," did not specify the required position
' i for the Unit Substatien (USS) 182 control power-selector switch.
This is a Severity Level IV violation.
(Supplement-I).
Pursuant to the provision of -10 CFR 2.201,. General ~ Public Utilities Nuclear Corporation is hereby required to submit'a written statement or explanation to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, 4
within 30 days of the date of the Notice. They reply should be cicarly marked as a " Reply tn a Notice of Violation" and should include for each alleged violation: (1) admission or denial of the alleged violation, (.2) the reasons j
for the violation if admitted, (3),the corrective steps that have been.taken-and the results achieved, (4) the corrective steps'that will be taken to' avoid i
further violations, and (5) the date when fullLcompliance will be achieved..
1 If an adequate reply is not received within the time'specified in this Notice,.
an order may be issued to show cause why the license should not be modified, suspended, or revoked of why such other action 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, U.S.C. 2232, this response shall be submitted under oath or affirmation.
1 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 to the Director, Office of Enforcement,- U.S. Nuclear Regulatory Commission, with-a check,.
draft, or money-order payable to the Treasurer of the-United States in the 1
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, 0ffice 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 " Answer to a Notice of Violation" and may: (1) deny the violations (s) listed in this Notice in whole.or in part, (2) demonstrate-0FFICIAL RECORD COPY CP PKG OYSTER CREEK 1/17/90
- 0006.0.0 01/18/90-J
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-3 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, such answer may request remission or mitigation of the penalty.
In requesting mitigation of the proposed penalty,-the factors addressed in Section-V.B of 10 CFR Part.2, Appendix C (1989), 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 beer, determined in accordance with the applicable provisions of 10 CFR 2.205, this matter may be l
referred to the Attorney General, and the penalty, unless compromised, remitted,
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or mitigated, may be collected by civil action pursuant.tc. Section 234c of the
'i Act, 42 U.S.C. 2282c.
The responses to the Director, Office of Enforcement, noted above -(Reply to a Notice of Violation, letter with payment of cival 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 Regiona1' Administrator, U.S. Nuclear: Regulatory a
Commission, Region I, 475 Allendale Road, King of Prussia, Pennsylvania 19406 and a copy to the Senior Resident Inspector, Oyster Creek.
FOR THE NUCLEAR REGULATORY COMMISSION
' Original Signed By:
Th0 mas T. Martia~-
William T. Russell Regional Administrator Dated at King of Prussia, Pennsylvania a
this y day of January 1990 i
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OFFICIAL RECORD COPY CP PKG OYSTER CREEK 1/17/90 - 0007.0.0 01/18/90 1
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