ML20036C051
| ML20036C051 | |
| Person / Time | |
|---|---|
| Site: | University of Michigan |
| Issue date: | 05/21/1993 |
| From: | Davis A NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | |
| Shared Package | |
| ML20036C049 | List: |
| References | |
| EA-93-069, EA-93-69, NUDOCS 9306090079 | |
| Download: ML20036C051 (3) | |
Text
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NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY University of-Michigan Docket'No.
50-002-Ford Nuclear Reactor License No.
R-28 EA 93-069 During an NRC inspection conducted on March 25-26, 1993,.
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:
I.
Violation Assessed a Civil Penalty Operating License No. R-28, Condition 3.C(1), " Maximum Power Level," states that the licensee is authorized to operate the facility at power levels not in excess of two megawatts (thermal).
Contrary to the above, on March 24, 1993, the licensee operated the facility at 2.3 megawatts (thermal) for 10 minutes, a level in excess of 2 megawatts (thermal).
This is a Severity Level III violation (Supplement I).
Civil Penalty - $3,750.
II.
Violations Not Assessed a Civil Penalty Ford Nuclear Reactor Technical Specification 6.4.1 requires, in part, that written procedures, including applicable check lists shall be followed for startup of the reactor.
A.
Operating Procedure OP-101, Revision 22, " Reactor Startup," Step 5.1, requires the Control Console Operator to review OP-101, Reactor Startup, as part of the startup procedure.
Contrary to the above, the Control Console' Operator did not review OP-101 during the reactor startup.on March 24, 1993.
This is a Severity Level IV violation (supplement I).
B.
Operating Procedure OP-101, Revision 22, " Reactor Startup," Step 5.36, states that after completion of the calorimeter, set the corrected Linear Level setpoint.
Contrary to the above, the licensee did not set'the i
9306090079 930521 PDR ADOCK 05000002' G
p... i.
Notice of Violation corrected Linear Level setpoint after completion of.the calorimeter during the reactor startup on. March 24, 1993.
This is a Severity Level IV violation (Supplement I).
Pursuant to the provisions of 10 CFR 2.201, University of Michigan (Licensee) is hereb/ required to submit a written.
statement of 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 "ReplyLto 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 the time specified in this Notice, an order or a demand for information may be issued as to why the license should not be modified, suspended, or revoked or why such other actions:
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 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, draft, 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. -r,hould 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 violations 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 V.B of 10 CFR part 2, Appendix C, should be i
addressed.
Any written answer in accordance with 10 CFR 2.205
t 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.,
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 responses 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 Enforce. ment, U.S.
Nuclear Regulatory Commission, ATTN:
Document Control bask, Washington, D.C.
20555 with a copy to the Regional Administrator, U.S.
Nuclear Regulatory Commission, Region III, 799 Roosevert Road, Glen Ellyn, Illinois 60137.
FOR THE NUCLEAR REGULATORY COMMISSION C) hh N
A.
Bert Davis Regional Administrator Dated at Glen Ellyn, Illinois this 21st day of May 1993 j
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