ML20027B376

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Notice of Violation & Notice of Proposed Imposition of Civil Penalty in Amount of $44,000.Noncompliance Noted:Failure to Follow Procedure Resulting in Direct Pathway Between Reactor Bldg & Penetration Room Being Established
ML20027B376
Person / Time
Site: Oconee 
Issue date: 06/25/1982
From: James O'Reilly
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:
Shared Package
ML20027B374 List:
References
EA-82-065, EA-82-65, NUDOCS 8209200357
Download: ML20027B376 (3)


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JUN 2 5 1982 NOTICE OF VIOLATION A_ND PROPOSED IMPOSITION OF CIVIL PENALTY Duke Power Company Docket No. 50-269 Oconee Nuclear Station Unit 1 License No. DPR-38 EA 82-65 As a result of a special inspection conducted, by the NRC Region II staff, from M3rch 23 to April 1,1982 at the Oconee Nuclear Station Unit I near Seneca, South Carolina, it appears that a violation of NRC requirements occurred.

The inspection findings were discussed with the station management at the conclusion of the inspection. NRC concerns regarding the violation were the subject of an Enforcement Conference held at the Region II office in Atlanta on May 21, 1982 with officials of the Duke Power Company.

On March 23, 1982, the NRC Resident Inspector found that an instrument test con-nection cap had been lef t off a one quarter-inch instrument calibration line connected to the instrument sensing line that provided a direct pathway between the Unit I reactor building atmosphere and the penetration room.

The licensee immediately replaced the cap and thereby restored the reactor building contain-ment integrity.

Licensee investigation revealed that most probably the indi-vidual who had calibrated the associated pressure switch on July 9, 1981 had failed to replace the calibration line cap.

As a result of this failure, containment integrity was violated and the reactor building spray initiation system was degraded during certain periods in the July 9, 1981 to March 23, 1932 interval.

To emphasize the need for the licensee to ensure that procedures affecting safe' operation of the plant are meticulously followed, the NRC proposes to impose a civil penalty of Forty-four Thousand Dollars for this matter.

The base penalty for a violation of the severity level of this event is 540,000, as determined from Tables IA and 18 of the NRC Enforcement Policy (10 CFR Part 2, Appendix C) 47 FR 9987 (March 9, 1982).

Because of the duration of this event the civil penalty has been increasad by Four Thousand Dollars. In accordance with the NRC' Enforcement Policy and Section 234 of the Atomic Energy Act of 1954, as amended

("Act"), 42 U.S.C. 2282, PL 96-295, and 10 CFR 2.205, the particular violation and associated civil penalty is set forth below:

Technical Specification 3.6.1 requires that containment integrity be maintained whenever reactor coolant system (RCS) pressure is greater than 300 psig and temperature is greater than 200 F.

Technical Specification 3.5.1 requires that all three channels of both trains of reactor building spray initiation be operable when the reactor is critical.

8209200357 820625 PDR ADOCK 05000269 PDR G

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O AN 2 5 ggy Appendix (Continued) 2 l

Technical Specification 6.4.1 requires that the plant be maintained in accordance with approved procedures.

Procedure IP/0/A/310/5D was estab-lished and approved to implement 6.4.1.

Step 10.2.10 of the procecure requires replacement of the cap on the 1/4-inch calibration line connected to the 1/2-inch sensing line for reactor building pressure switch IPS-22.

Contrary to the above, on July 9, 1981, the licensee failed to follow step 10.2.10 of procedure IP/0/A/310/5D.

As result of the failure the following conditions existed between July 9,1981 and March 23, 1982.

1.

Containment integrity of the Unit I reactor building was not maintained for-fifty-one days while RCS pressure was greater than 300 psig and temperature was greater than 200 F.

2.

For thirty-two days, one of three channels of Train A of reactor bt.

.ng spray initiation for Unit I was inoperable while the reactor was critir-This is a Severity Level III violation (Supplement I).

(Civil Penalty - 544,000).

Pursuant to the provisions of 10 CFR 2.201, Duke Power Company is hereby required to submit to the Director, Office of Inspection and Enforcement, USNRC, Washington, DC 20555, and a copy to the Regional Administrator, USNRC Region II, within thirty days of the date of this Notice, a written statement or explanation in reply, including for the violation:

(1) admission or denial of the alleged violation (2) the reasons for the violation if admitted; (3) the corrective steps which have been taken and the results achieved: (4) the corrective steps which will be taken to avoid further violations; and (5) the date when full compliance will be achieved.

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, Duke Power Company may pay the civil penalty of $44,000 or may protest imposition of the civil penalty in whole or in part by a written answer. Should Duke Power Company fail to answer within the time specified, the Director, Office of Inspection and Enforcement will issue an order imposing the civil penalty t

proposed above.

Should Duke Power Company elect to file an answer in accordance with 10 CFR 2.205 protesting the civil penalty, such answer may:

(1) deny the violation presented in this Notice in whole or in part; (2) demonstrate extenuating circumstances; (3) show error in this Notice; or (4) show otner reasons why the penalty should not be imposed.

In addition to protesting the j

civil penalty in whole or in part, su-h answer may request remission or mitigation of the penalty.

In requesting nitigation of the proposed penalty, the five factors contained in Section IV(B) of 10 CFR Part 2, Appendix C shoulc be addressed. Any writter. 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 by specific reference (e.g., giving page and paragraph numbers) to avoid repetition.

Duke Power Company's attention is directed to the otner provisions of 10 CFR 2.205, regarding the procedure for imposing a civil j

penalty.

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.t JUN 2 5 1982 Appendix (Continued) 3 Upon failure to pay any civil penalty due, which has been subsequently 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 cellected by ci.'il action pursuant to Section 234c of the Act, 42 U.S.C. 2282.

FOR THE NUCLEAR REGULATORY COMMISSION Jame: P. O'Reilly Regional Administrator Dated at Atlanta, Georgia this day of June 1982

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