ML20004F966

Responds to NRC 810218 Ltr & Notice of Violation Re Noncompliance Noted Re 810129 Event.Enforcement Action Is Inappropriate.Requests That NRC Reconsider Severity Level of Violation.Forwards Payment of Fine

ML20004F966
Person / Time
Site:	Turkey Point
Issue date:	04/20/1981
From:	Robert E. Uhrig FLORIDA POWER & LIGHT CO.
To:	Stello V NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
Shared Package
ML17340A841	List: ML20004F966 ML20004F968
References
FOIA-81-110 L-81-173, NUDOCS 8106260356
Download: ML20004F966 (1)

Text

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P.O. Box 579 DJ MI AMI.F L JJ 152

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AMM 3 j'h..N5 W cc 2 FLORIDA POWER & LIGHT COMPANY April 20,1981

. L-81-173 Mr. Victor Stello, Director Office of Inspection and Enforcement U. S. Nuclear Regulatory Comission Washington, D. C. 20555 Re: Turkey Point Unit 3 Docket No. 50-250 10 CFR 2.205 Response to Notice of Violation Dated February 18, 1981

Dear Mr. Stello:

In accordance with 10 CFR 2.205 Florida Power and Light Company sttr.its this response to your letter and Notice of Violation of February 18, 1981. Our reply pursuant to 10 CFR 2.201 has been provided separately as requested.

We disagree with the severity level assigned to the specific violation. We also consider the fine to be inapprcpriate. This and other regulatory matters were discussed with Messrs. De Young, O'Reilly, and Lewis during their visit to Florida Power and Light on April 7,1981.

While we consider this enforcement action inappropriate, our interest is in resolving the concerns in an expeditious manner and in enhancing our cooperative efforts to ensure continued safe operation of our nuclear plants. Accordingly, while we request that you reconsider the severity level, we have decided to not pursue the matter further and we agree to pay the fine. A check for $40,000 is I enclosed.

L Sincerely yours, l

l Robert E. Uhrig l Vice President Advanced Systems and Technology l

l REU/RAX/gw Enclosure .

cc: Mr. J. P. O'Reilly l Harold F. Reis, Esquire

'810 6 2 6 0 M I

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FEB 191981 Senior Operator License No. 2330-3 Docket No. 55-5503 EA 81-22 .

Mr. David H. Taylor

'36900 SW 297th Street Homestead,:FL -33030

Dear Mr. Taylor:

I have been informed, from several sources, of your well-deserved re as a competent and dedicated professional nuclear reactor operator. putation As you know, a' nuclear reactor operator must be diligent and consistent in his exercise of good judgment in matters relating to nuclear safety. Accordingly, I was surprised tenet to learn of react that you werr involved in a violation of a fundamental 6r operations.

'I understand that on January 29,-1981, you left the boundaries of the Turkey Point-control Commission room surveillance area without proper relief, contrary to requirements.

Although your absence was of short duration and you were not far away, this does not alter the fact that your actions demonstrate a lack of good judgmant on your part.

In your capacity as an NiC Licensed Senior Reactor Operator at the Turkey Foint Nuclear Generating Shtion, you are required to be aware of plant conditions'and to ensure that operations are conducted in accordance with station procedures, Technical Specifications and the Commission's rules and judgment, in the future, may result in NRC enforcement actions.r This warning will be effective until your next license renewal. At that time it will be removed from NRC files.

. I have enclosed for your.information a copy of the enforcement action the NRC l is taking against the Florida Power and Light Company relative to this event.

Should you have any questions regarding this matter, I will be pleased to discuss them with you.

. Sincerely,

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• OriB i: 11 s1&ned b3-1 Victor Stello L

Victor Steilo, Jr., Director Office of Inspection and Enforcement Er. closure:

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D:cket Nos. 50-237 50-249' EA 81-02 Commonweal.h Edison Company Attn: Mr. Cordell Reed Vice President Post Office Box 767 Chicago,'lllinois 60690

. Gentlemen:

This is in response to your letters dated November 24, 1980 in response to the Notice of Violation and. Proposed Imposition of Civil Penalty sent

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to you with our-letter dated October 20, 1950.

, ~ Af ter careful consideration of your letters cated November 24, 1980, and for the' reasons given in the enclosed Order, we have determined that the

. item of-noncompliance did occur as set forth in the Notice of. Violation.

No adequate reasons have been stated as to vhy the penalty for this item should not be imposed as propcsed. Accordir. gly, we hereby serve the enclosed Order Imposing Civil Penalty in the amount of Forty Thousand Dollars (540,000), on Commonwealth Edison Ccmpany. We will review your

. corrective actions regarding this item of ncncompliance in future inspections.

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 the enclosures will'be placed in the NRC's Public Document Room.

Sinc,erely, z . '..:: '1

';, l .':. .; E. d h l' Victor Stello, Jr.

Director tJffice of Inspection and Enforcement

Enclosure:

Order Imposing '

, Civil" Penalty. .

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C?mmonwealth Edison Company PDR NSIC TIC SECY. .

CA -

IE-FILES Central Files CON.

VStello, IE.

RDeYoung, IE:

FIngram, PA JMurray, ELD JLieberman; ELD

'NMoseley, IE iSBryan, IE JCrooks,- MPA JCummings, DIA Er.forcement Coordinatiors,

~RI, RII,:RIII, RIV, RV TBrockett, IE El-Reading File EDO Reading File CKerr, SP' F.Beavan, NRR Department of Public Health ATTN: ' Maury Neuweg, Chief Divisica of Radiological Health ,

535 West Jefferson Street Springfield, IL 62761~

Commerce Commission LATTH: . Michael V. Hasten, Cheirman 527 E. Capitol Avenue Springfield, IL 62706 Office'oflthe Attorney General ATTN: Hon. William'J.' Scott Attorney 6e..eral 500'S. Second -

r Springfield, IL 62701 I

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UNITED STATES OF AMERICA da :2u Jlnl i NUCLEAR REGULATORY COMISSION IN THE ETTER OF. )

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Commonwealth Edison Company , ) Docket Nos. 50-237 (Dresden Nuclear Power Facility) ) 50-249 EA 81-02

~I Commensealth Edison Company, Post Of fice Box 767, Chicago, Illinois, 60690,

-(the " licensee"), is the holder of Operating Licenses Numbered OPR-19 and DPR-25 (the " licenses") issued by the Nuclear R3gulatory Commission (the "Com:ission") which authorize the operation of the Dresden Nuclear Power Faci'.ity (the facility), Units 2 and 3, respectively, located in Grundy County, Illinois. These licenses were initially issued on December 22, 1969 and January- 13, 1971, respectively. Units 2 and 3 are boiling water reactors authtrized to operate at power levels not in excess of 2527 megswatts thermal

( ated peser).

11 During an inspection of the licensee's activities at this facility conducted en August 8,1980, an apparent item of nonce:pliance was identified with the requirements of 10 CFR, Part 50, " Domestic Licensing of Production and Utili-ration Facilities." A written Notice of Violation was served upon the licensee by letter dated October 20, 1980, specifying the item of noncompliance in accercance with 10 CFR 2.201. A Notice of Proposed Imposition of Civil Fenalty was served concurrently upon the licensee in accordance with Section 234 of the Atomic Energy Act of 1954, as amer.ded (42 USC 2282) and 10 CFR 2.205, incorporating t'y reference the Notice of Violation which stated the nature of l

the item of noncompliance and the provisions of the NRC regulations with which l the licensee was in noncompliance. Answers from the licensee to the Notice of a d Of h h(sbO Y 1

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