ML20029E016
| ML20029E016 | |
| Person / Time | |
|---|---|
| Site: | Fort Calhoun  |
| Issue date: | 05/10/1994 |
| From: | NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | |
| Shared Package | |
| ML20029E007 | List: |
| References | |
| EA-94-026, EA-94-26, NUDOCS 9405160066 | |
| Download: ML20029E016 (5) | |
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NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY Omaha Public District Docket:
50-285 Fort Calhoun Station License:
DPR-40 EA 94-026 During an NRC inspection conducted January 24-28, 1994, violations of NRC requirements were 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 1954, as amended (Act),
42 U.S.C. 2282, and 10 CFR 2.205.
The particular violations and associated civil penalty are set'forth below:
A.
Technical Specification 5.8.1 requires, in part, that written procedures be established, implemented, and maintained that meet or exceed the minimum requirements of Sections 5.1 ana 5.3 of ANSI N18.7-1972 and Appendix A of USNRC Regulatory Guide 1.33, Revision 2, February 1978.
Regulatory Guide 1.33, Appendix A, states, in part, that written procedures should be developed covering:
(1) the authorities for safe operation and shutdown of the facility, and (2) the startup, operation, and shutdown of the chemical volume and control system (CVCS) and the control room ventilation system.
1.
Standing Order 50-0-1, Revision 17a, " Conduct of Operations,"
which delineates management's expectations regarding procedure use and adherence for operational activities, requires, in part, that procedures designated for continuous use be in the possession of the operators performing the activity.
Contrary to the above, on January 18, 1994, Operating Instruction 01-CH-2, "CVCS Purification System Normal Operation," which is designated as a continuous use procedure, was not in the possession of the, operators performing an activity governed by the procedure, i.e., restoring an ion exchanger to service. (01013) 2.
Operating Instruction 01-CH-2, Revision 10. "CVCS Purification System Normal Operation," requires in step 6.5.12 that the operators rinse lon Exchanger CH-8A to the radwaste treatment system (RWIS) until the ion exci. anger outlet boron concentration is equalized with the RCS boron concentration.
Step 6.5.14 requires that, when rinsing is complet, the ion exchanger bypass valve be placed in the bypass mode to divert the rinse water to radwaste for approximately 8-10 minutes, or as directed by the shift supervisor to ensure that the diluted rinse water will not be added to the RCS.
i Contrary to the above, on January 18, 1994, Operating Instruction Ol-CH-2 was not implemented in that:
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. a) the ion exchanger outlet boron concentration was less than the concentration in the RCS when the ion exchanger was placed in service; and b) rinse water was diverted to radwaste for approximately 4 minutes, which resulted in diluted rinse water being added to the RCS and an unanticipated increase in reactor power. (01023) 3.
Standing Order 50-G-7, " Operating Manual," which provides the authority for safe operation of the facility, requires in Section 5.7.3 that "Any step N/A'd within an Operating Procedure or Operating Instruction must be initialed, dated and fully explained."
Contrary to the above, on December 30, 1993, Standing Order S0-G-7 was not implemented in that a step in an Operating Instruction was N/A'd and it was not initialed, dated or fully explained.
Specifically, the onshift Licensed Senior Operator determined that the Train 8 portion of Step 1 of Attachment 4 of Operating Instruction 01-VA-3 " Control Room Ventilation System Normal Operation," was not applicable, but did not initial, date or fully explain this determination. (01033)
B.
Technical Specification 5.8.1 requires, in part, that written procedures be established, implemented, and maintained that meet or exceed the minimum requirements of Sections 5.1 and 5.3 of ANSI N18.7-1972 and Appendix A of USNRC Regulatory Guide 1.33, Revision 2, February 1978.
Regulatory Guide 1.33, Appendix A, states, in part, that written procedures should be developed covering surveillance testing activities.
Contrary to the above, as of December 9, 1993, the procedure governirg surveillance testing of the auxiliary feedwater system was not adequately established.
Specifically, Surveillance Test SE-ST-AFW-3005, was inadequate in that the instructions did not provide for the restoration of one train of auxiliary feedwater (AFW)=to an operable status prior to aligning the second train of AFW in the full-flow recirculation lineup.
Thus, when this procedure was performed, it rendered the second train inoperable, which was in violation of plant Technical Specification requirements for the AFW system.
(01043)
C.
Technical Specification 2.22 requires, in part, that the toxic gas monitors be operable.
If both of the toxic gas monitors are not operable, within I hour initiate and maintain operation of the control room ventilation system in the recirculation mode of operation.
Contrary to the above, on December 30, 1993, at 12:15 am, both toxic gas monitors became inoperable.
Train B of the control room ventilation system was not placed in the recirculation mode of operation until
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4:05 a.m. on December 30, 1993 because the onshift Licensed Senior Operator (LS0) determined that Operating Instruction 01-VA-3 " Control Room Ventilation System Normal Operation," was not applicable for Train B. (01053)
These violations represent a Severity Level III problem (Supplement 1).
Civil Penaity - $25,000.
Pursuant to the provisions of 10 CFR 2.201, OPPD (Licensee) 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 Not ce of Violation and Proposed Imposition of Civil Penalty (Notice).
This reply should be clearly marked as a " Reply to a Notice of Violation" and should include for each alleged violation:
(1) admission or denial of the alleged violation, (2) the reasons for the violation if admitted, and if denied, the reasons why, (3) the corrective steps that have been taken and the results achieved, (4) the corrective steps that will be taken to avoid further violations, (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 or a Demand for Information 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 addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, with a check, draf t, money order, or electronic transfer payable to the Treasurer of the United States in the amount of the civil penalty proposed above, or the cumulative amount of the civil penalties if more than one civil penalty is proposed, 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 (s) listed in this Notice, in whole or in part, (2) demonstrate 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 in whole or in part, such answer may request remission or mitigation of the penalty.
In requesting mitigation of the proposed penalty, the factors addressed in Section VI.B.2 of 10 CFR Part 2, Appendix C, 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.,
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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 response noted above (Reply to 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, D.C. 20555 with a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, Region IV, 611 Ryan Plaza Drive, Suite 400, Arlington, Texas, 76011, and a copy to the NRC Resident Inspector at the fort Calhoun Station.
Dated at Arlington, Texas this 10th day of May 1994