ML20033C386

Notice of Violation from Insp on 810719.Noncompliance Noted: Reactor Was Operated W/Open Containment Isolation Valves. Civil Penalties Proposed in Amount of $40,000

ML20033C386
Person / Time
Site:	Maine Yankee
Issue date:	11/12/1981
From:	Deyoung R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
To:
Shared Package
ML20033C383	List: ML20033C382 ML20033C386
References
EA-81-088, EA-81-88, NUDOCS 8112030075
Download: ML20033C386 (3)

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APPENDIX j

NOTICE OF VIOLATION l

AND PROPOSED IMPGSITION OF CIVIL PENALTIES i

Maine Yankee Atomic Power Company Docket No.

50-309 Maine Yankee Nuclear Power Station License No. DPR-36 EA 81-88 i

An inspection at the Maine Yankee Nuclear Power Station, Wiscasset, Maine, on l

July 19, 1981, discovered that reactor operation was continuing although l

automatic containment isolation valve DR-A-6 was failed open and left open and non-automatic containment isolation valve DR-7 was open.

These open isolation

. valves defeated the containment automatic isolation functions which are designed l

to assure containment integrity and limit the release of radioactive materials I

to the environment in the event of an accident.

Continued plant operation with these open isolation valves was contrary to the Technical Specifications and j

NRC regulations.

In addition the NRC was not notified of this plant status as i

required.

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Because this event indicates a weakness in your control over plant operations,

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including a need for increased attention to assure that plant management provides j

appropriate overview of operating decisions and the necessity for consultation j

with NRC, the Nuclear Regulatory Commission proposes to impose civil penalties in the cumulative amount of $40,000.

In accordance with the Interim Enforcement l

Policy, 45 FR 66754 (October 7, 1980), and pursuant to Section 234 of the Atomic Energy Act of 1954, as amended, ("Act"), 42 U.S.C. 2282, PL 96-295 and 10 CFR I

2.205, the particular violations and the associated civil penalties are set j

forth below:

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A.

Technical Specification 3.11 (limiting condition for operation) states, in 4

part, "B.1. Containment integrity shall be maintained whenever the reactor coolant system is above 210F..."

i Technical Specifications define Containment Integrity to exist when all l

automatic containment isolation valves are operable or are locked closed and when all non-automatic isolation valves are closed.

l 10 CFR 50, Section 50.36(c)(2), states, in part, " Limiting conditions for operation are the lowest functional capability... of equipment required j

for safe operation of the facility. When a limiting condition for oper-ation is not met, the licensee shall shut down the reactor or follow any

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remedial action permitted by the Technical Specification..."

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4 8112030073 811112' PDR ADOK;K 05000M G

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~ Appendix (Continued) !

Contrary to the above, on July 19, 1981 the reactor was operated at 2%

power and at approximately 540 degrees F from 1:30 p.m. to 7:15 p.m. with containment integrity not maintained, in that:

a.

Automatic containment isolation valve DR-A-6 was inoperable and open;

and, b.

-Non-automatic containment isolation valve DR-7 was open.

i This is a Severity Level III Violation (Supplement I).

(Civil Penalty - $20,000).

i B.

10 CFR 50.72 (a)(5) requires a licensee to notify the NRC Operations Center within one hour by telephone of the occurrence of any event requiring initiation of shutdown of a nuclear power plant in accordance with Tech-nical Specification limiting conditions for operation.

Contrary to the above, on July 19, 1981 you failed to notify the NRC Oper-ations Center within one hour, as required, when reaching a plant operating condition which by Technical Specification limiting condition for operation, l

3.11, required a shutdown.

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This is a Severity Level III Violation (Supplement Ij.

4 (Civil Penalty - $20,000).

i Pursuant to the provisions of 10 CFR 2.201, Maine Yankee Atomic Power Company is hereby required to submit to this office within 30 days of the date of this Notice, a written statement or explanation in reply, including:

(1) admission 1

or denial of the alleged violations; (2) the reasons for the violations 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.

Where 4

good cause is shown, consideration will be given to extending your response time.

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, Maine Yankee Atomic Power Company may pay the civil penalties in the amount of $40,000 or may protest imposition of the civil penalties in whole or in part'by a written answer.

Should Maine Yankee Atomic Power Company fail to-answer within the time specified, this office will issue an order imposing the civil penalties in the amount proposed above.

Should Maine Yankee Atomic Power Company elect to file an answer in accordance with 10 CFR 2.205 protesting the civil penalties, such answer may:

(1) deny the violations listed in this Notice in whole or in part; (2) demonstrate extenuating circumstances; (3) show error i

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.:a-Appendix (Continued) l in this Notice; or (4) show other reasons why the penalties should not be imposed.

In addition to protesting the civil penalties in whole or_in part, such answer-

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may request remission or mitigation of the penalties.

Any written answer in i

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

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specific reference (e.g., giving page and paragraph numbers) to avoid repeti-j.

tion.

Maine Yankee Atomic Power Company's attention is directed to the other provisions of 10 CFR 2.205, regarding the procedure for imposing civil l

penalties.

j Upon failure to pay any civil penalties due, which have been subsequently deter-i mined in accordance with the applicable provisions of 10 CFR 2.205, this matter i

may be referred to the Attorney General, and the penalties, unless compromised, f

remitted, or mitigated, may be collected by civil action pursuant to Section i

234c of the Act, 42 U.S.C. 2282.

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FOR THE NUCLEAR REGULATORY COMMISSION i

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f) di l % nf Richard C. DeY ung, Director Office of Inspection'and Enforcement Dated at Bethesda, Maryland this 12th day of November 1981 i

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