ML20035B794
| ML20035B794 | |
| Person / Time | |
|---|---|
| Site: | Cooper  |
| Issue date: | 03/30/1993 |
| From: | NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | |
| Shared Package | |
| ML20035B790 | List: |
| References | |
| EA-93-030, EA-93-30, NUDOCS 9304050114 | |
| Download: ML20035B794 (3) | |
Text
NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTIES Nebraska Public Power District Docket No. 50-298 Cooper Nuclear Station License No. DPR-46 EA 93-030 During an NRC inspection conducted on February 1-9, 1993, violations of NRC i
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 civil penalties 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 penalties are set forth below:
A.
10 CFR 50.9 requires,-in part, that information provided to the Commission by a licensee shall be complete and accurate in all material respects.
Contrary to the above, in a letter dated December 1, 1992, the licensee provided written information to the Commission that was inaccurate and incomplete in material respects.
The information provided by the i
licensee was in response to a Notice of Violation issued by the NRC on November 3, 1992, involving the failure of the licensee to identify and remove temporary strainers in the Core Spray system.
This information was inaccurate because the licensee's response stated, with respect to the Reactor Core Isolation Cooling system, that "A specific completed sign-off in the preoperational test procedure (unlike the CS System pre-operational test) indicates that the strainer had been removed prior to start up testing."
In fact, no such document existed indicating that the Reactor Core Isolation Cooling pump strainer had been removed. The only document which would have indicated that the strainers had been removed was Startup Test Instruction (STI) 14. On the only available copy of this documeat, there was no signature in the block adjacent to Step 6.2.9, which said " Remove suction strainers at a convenient time after completion of all RCIC related tests." This information was i
material because the NRC relied upon it as evidence that no temporary strainers existed in this system.
On January 29. 1993, the Reactor Core Isolation Cooling system temporary strainer was found to have been left in the system.
i This is a Severity Level III violation (Supplement VII).
Civil Penalty - $100,000 B.
10 CFR Part 50, Appendix B, Criterien XVI, requires, in part, that measures shall be established to assure that conditions adverse to quality, such as deviations and nonconformances, are promptly identified and corrected.
Contrary to the above, between August 1992 and December 1992, measures established by the licensee to promptly identify and correct nonconformances did not assure the identification and correction of a t
potentially significant condition adverse to quality -- the presence of 9304050114 930330 PDR ADOCK 0500 0
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i temporary strainers in the Reactor Equipment Cooling and the Reactor Core Isolation Cooling systems.
In response to the identification of temporary strainers in the Core Spray system in August 1992, the j
licensee became aware of an incomplete evaluation for temporary strainers on the Reactor Equipment Cooling system and observed unmarked spacer rings in the Reactor Equipment Cooling system, and did not identify and correct the nonconforming condition until January 1993 when l
a strainer was observed during corrective maintenance.
In addition, the licensee became aware that there was a lack of documentation to substantiate its belief that temporary strainers in the Reactor Core Isolation Cooling system had been removed.
In spite of the fact that i
documentation did not exist, as described in Violation A, the presence j
of temporary strainers, a nonconforming condition, was not. identified until January 1993, following the identification of temporary strainers in the Reactor Equipment Cooling system.
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This is a Severity Level III violation (Supplement I).
Civil Penalty - $100,000 1
Pursuant to the provisions of 10 CFR 2.201, Nebraska Public Power District l
(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 Notice of Violation.and Proposed Imposition of Civil Penalties (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, and (5) the date when full compliance will be achieved.
If an adequate reply is not received within time specified in this Notice, an order or demand for information may be issued as to 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 penalties by letter addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, with a check, draft, 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 penalties 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 penalties will be issued.
Should the Licensee elect to file un answer in accordance with 10 CFR 2.205
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i protesting the civil-penalties, in whole or in part, such answer should be clearly marked as an " Answer to a Notice of Violation" and may:
(1) deny the violations listed in this Notice, in whole or in part, (2) demonstrate exten-uating circumstances, (3) show error 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 may request remission or mitigation of the penalties, j
i In requesting mitigation of the proposed penalties, 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 l
incorporate parts of the 10- CFR 2.201 reply by specific reference (e.g.,
i citing page and paragraph numbers) to avoid repetition. The attention of the l
Licensee is directed to the other provisions of 10 CFR 2.205, regarding the i
j procedure for imposing civil penalties.
Upon failure to pay any civil penalties due which subsequently has been determined in accordance with the applicable provisions of 10 CFR 2.205, this 1
matter may be referred to the Attorney General, and the penalties, unless compromised, remitted, or mitigated, may be collected by civil action pursuant to Section 234c of the Act, 42 U.S.C. 2282c.
i The response noted above (Reply to Notice of Violation, letter with payment of l
civil penaities, and Answer to a Notice of Violation) should be addressed to:
Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, ATTN:
j Document Control Desk, Washington, D.C. 20555 with a copy to the Regional l
Administrator, U.S. Nuclear Regulatory Commission, Region IV, 611 Ryan Plaza
-Drive, Suite 400, Arlington, Texas 76011, and a copy to the NRC Resident i
Inspector at the Cooper Nuclear Station.
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I Dated at Arlington, Texas this 30th day of March 1993 l
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