ML20035G277
| ML20035G277 | |
| Person / Time | |
|---|---|
| Site: | South Texas  |
| Issue date: | 04/19/1993 |
| From: | NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | |
| Shared Package | |
| ML20035G276 | List: |
| References | |
| EA-92-175, NUDOCS 9304270072 | |
| Download: ML20035G277 (3) | |
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i NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF civil PENALTY tiouston Lighting & Power Company Docket Nos. 50-498; 50-499 South Texas Project Electric License Nos. NPF-76; NPF-80 Generating Station (STP)
EA 92-175-During an NRC inspection conducted between May 26 and September 15, 1992, 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.
10 CFR Part 50, Appendix B Criterion V, " Instructions, Procedures, and Drawings," requires, in part, that activities affecting quality shall be prescribed by documented procedures of a type appropriate to the circumstances and shall be accomplished in accordance with these procedures.
STP Interdepartmental Procedure IP-1.45Q, " Station Problem Reporting,"
Step 6.1.1, states, in part, that any person who discovers a condition that may impact the safe and reliable operation of the plant shall originate a Station Problem Report (SPR) and if the condition appears to require immediate response, the originator shall report (i.e., call) the condition immediately to the Shift Supervisor followed by documenting the condition on a SPR.
Contrary to the above, on May 19, 1992, after declaring the reactor trip system inoperable for STP Units 1 and 2 and placing both units in Technical Specification 3.0.3 based on this condition, thus requiring immediate response, licensee personnel did not report the condition immediately to the Shift Supervisor. The condition was not reported to the Shift Supervisors until approximately two and one-half hours after.
the plant manager declared the plant to be in Technical Specification 3.0.3.
In addition, the condition was not promptly documented in a Station Problem Report.
B.
10 CFR Part 50, Appendix B, Criterion V, " Instructions, Procedures, and Drawings," requires, in part, that activities af fecting quality shall be prescribed by documented procedures of a type appropriate to the circums ances and shall be accomplished in accordance with these procedure STP Procedure OPGP03-ZO-0018, Revision 4, " Technical Specification Interpretation Control," Step 1.2, requires, in part, that this procedure be used for those situations which are not clearly or specifically addressed by wording in the Technical Specifications.
STP Procedure OPGP03-ZO-0040, Revision 0, " Maintenance of the Operations Policies and Practices Manual," Step 3.2.2, states, in part, that 9304270072 930419 PDR ADOCK 05000498 O
. memoranda from whatever source that are potentially " Tech Spec Interpretations" should be formally routed by the initiating authority through the formal evaluation process in accordance with OPGP03-ZO-0018,
" Technical Specification Interpretation Control".
Contrary to the above, on June 8, 1992, and again on September 3, 1992, Office Memoranda from the Operations Manager to the Policies and Practices Manual were issued which provided clarification of a situation which was not clearly addressed by the wording of Technical Specification 3.0.3 and other Technical Specifications.
These memoranda were not formally routed through the formal evaluation process in accordance with OPGP03-ZO-0018.
These violations represent a Severity Level Ill problem (Supplement 1).
Civil Penalty - 575,000 Pursuant to the provisions of 10 CFR 2.201, Houston Lighting & Power Company (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 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 vinlation 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 the 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 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 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 peralty, 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 extenuat-ing s
e l 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
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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 i
incorporate parts of the 10 CFR 2.201 reply by specific reference (e.g.,
6 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 procedure for imposing a civil penalty.
i Upon failure to pay any civil penalty due which subsequently has been l
j 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 y
compromised, remitted, or mitigated, may be collected by civil action pursuant 1
to Section 234(c) of the Act, 42 U.S.C. 2282c.
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l The response noted above (Reply to Notice of Violation, letter with payment of l
civil penalty, and Answer to a Notice of Violation) should be addressed to:
Director, Office of Enforcement. U.S. Nuclear Regulatory Commission, ATIN:
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Document Control Desk, Washington, D.C. 20555 with a copy to the Regional j
Administrator, U.S. Nuclear Regulatory Commission, Region IV, 611 Ryan Plaza
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Drive, Suite 400, Arlington, Texas 76011 and a copy to the NRC Resident j
Inspector at the South Texas Project.
Dated at Arlington, Texas l
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this 19th day of April 1993 l
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