ML20012B499
| ML20012B499 | |
| Person / Time | |
|---|---|
| Site: | Calvert Cliffs  |
| Issue date: | 03/06/1990 |
| From: | Russell W NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | |
| Shared Package | |
| ML20012B498 | List: |
| References | |
| EA-90-002, EA-90-2, NUDOCS 9003150120 | |
| Download: ML20012B499 (3) | |
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AND PROPOSED IMPOSITION OF CIVIL PENALTY Baltimore Gas and Electric Company Docket Nos. 50-317 and 50-318 Calvert Cliffs Units 1 and 2 License Nos. DPR-53 and DPR-69 EA 90-002 During an unannounced NRC special safety inspection conducted between f
- October 1 - November 30, 1989, NRC inspectors reviewed the licensee's actions taken to assure that adequate Low Temperature Overpressure Protection (LTOP) existed for the reactor vessel.
During the inspection, a violation of NRC requirements was identified.
In accordance with the " General Statement of f
Policy and Procedure for NRC Enforcement Actions," 10 CtR Part 2, Appendix C, the Nuclear Regulatory Commission proposes to impose a civil penalty pursuant to Section 234 of the Atomic Energy Act of 1954,-as amended ("Act"),-42 U.S.C.
2282, and 10 CFR 2.205.
The particular violation and associated civil penalty is set forth below:
10 CFR 50, Appendix B, Criterion III (Design Control) requires, in part, that measures shall be established to assure that applicable regulatory requirements and the design basis, as specified in the license applica-tion, are correctly translated into specifications, drawings, procedures, and instructions.
These measures shall include provisions to assure that appropriate quality standards are specified and included in design documents and that deviations from such standards are controlled.
10 CFR 50, Appendix B, Criterion XVI (Corrective Actions) requires, in part, that measures shall be established to assure that conditions adverse to quality, such as deficiencies and deviations are promptly identified and corrected.
Contrary to the above, the licensee failed to establish adequate measures to assure that the design basis criteria for the Low Temperature Overpressure Protection System were implemented in view of the following:
(a) failure to develop procedures to prohibit testing of the Emergency Core Cooling System (ECCS) with solid water conditions; (b) failure to analyze power operated relief valve (PORV) discharge piping; (c) failure to alarm pressure transmitters PT-103 and PT-103-1; (d) failure to perform the staged disabling of the HPSI pumps; (c) failure to develop procedures to prohibit the startup of the shutdown cooling system when steam generator temperature exceeded 220*F; and (f) failure to lock shut the HPSI header isolation valves.
Specific instances where the licensee failed to i
adequately evaluate and correct identified LTOP deficiencies are as follows:
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1.
On March 26, 1987, a licensee reanalysis of LTOP for 12 effective full power years (EFPY) revealed that LTOP was potentially inadequate because the PORV pressure setpoint could be exceeded without the PORV opening; however, no further evaluation of the LTOP deficiencies or other corrective actions were performed at that time; 2.
On May 11, 1988, an NRC inspection report identified that conditions (a) and (e) above, existed and had not been corrected; however, corrective actions were not effected to correct condition (e) or to identify any other adverse conditions; and 3.
On October 26, 1989, a second licensee reanalysis of the LTOP system determtned that the LTOP was potentially inadequate because certain transients could result in unacceptably high reactor coolant system pressures; however, no further evaluation or corrective action of LTOP, based on this analysis, was initiated.
This is a Severity Level III violation (Supplement I)
Civil Penalty - $100,000 Pursuant to the provisions of 10 CFR 2.201, Baltimore Gas and Electric Company is hereby required to submit a written statement or explanation to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, within 30 days of the date of this Notice. This reply should be clearly marked as a " Reply to a Notice of Violation" and should include for each violation:
(1) admission or denial of the alleged violation; (2) the reasons for the violation if admitted, (3) the corrective steps that have taken and the results achieved, (4) the corrective steps that will be taken to avoid further violation, and (5) the date when full compliance will be achieved.
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 or 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, 42 U.S.C. 2232, this response shall be submitted under oath or affirmation.
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 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, Office 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 an " Answer to a Notice of Violation" and may:
(1) deny the violation listed in this Notice in whole er in part, (2) demonstrate extenuating 0FFICIAL RECORD COPY Cp PKG CALVERT - 0007.0.0 03/01/90
circumstances, (3) show error in this Notice, or (4) snow 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 been determined in accordance with the applicable provisions of 10 CFR 2.205, this matter may be referred to the Attorney General, and the penalty, unless compromised, remitted, or mitigated, may be collected by civil action pursuant to Section 234c of the 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 civil 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, DC 20555, a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, 475 Allendale Road, King of Prussia, PA, 19406 and a copy to the NRC Senior Resident Inspector, Calvert Cliffs.
FOR THE NUCLEAR REGULATORY COMMISSION OrfrInc.1 Sicned By E;illL. T. LUSS2LL William T. Russell Regional Administrator Dated at King of Prussia, PA this (a day of March 1990 i
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