ML20044E208
| ML20044E208 | |
| Person / Time | |
|---|---|
| Site: | Oyster Creek |
| Issue date: | 05/17/1993 |
| From: | NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | |
| Shared Package | |
| ML20044E200 | List: |
| References | |
| EA-93-055, EA-93-55, NUDOCS 9305240067 | |
| Download: ML20044E208 (3) | |
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c ENCLOSURE NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY GPU Nuclear Corporation Docket No. 50-219 Oyster Creek Nuclear Generating Station License No. DPR-16 i
EA 93-055-Based on the NRC review of an NRC Augmented Inspection Team inspection conducted between January 26 and February 2,1993, a violation of NRC requirements was 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 i
a civil penalty pursuant to Section 234 of the Atomic Energy Act of 1954, as amended (Act),
j 42 U.S.C. 2282, and 10 CFR 2.205. The particular violation and associated civil penalty are set forth below:
l 10 CFR Part 50, Appendix B, Criterion V, states, in part, that activities affecting quality.
f' shall be prescribed by documented instructions, procedures, or drawings, of a type appropriate to the circumstances. Instructions, procedures, or drawings shall include appropriate quantitative or qualitative acceptance criteria for determining that important activities have been satisfactorily accomplished.
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Contrary to the above, between January 23 and 25,1993, a procedure for an activity affecting quality, namely, Procedure No. 305, Shutdown Cooling System Operations, i
was neither appropriate to the circumstances nor contained quantitative or qualitative acceptance criteria for determining that an important activity, maintaining reactor water f
temperature less than 212 degrees F, had been satisfactorily accomplished. A Temporary Procedure Change (TPC) was made to Step No. 4.2.5 of Procedure No. 305 to allow stopping of all reactor recirculation pumps when reactor water level was less than 185 inches above top of the active fuel without providing acceptance criteria (i.e., precautions or monitoring criteria) in the TPC to ensure adequate shutdown cooling was maintained.
Specifically, the TPC failed to specify an adequate shutdown cooling-flow rate to compensate for the change to Step No. 4.2.5, which resulted in reactor water temperature -
exceeding 212 degrees F for about six hours.
t This is a Severity Level III violation (Supplement I).
Civil Penalty - $50,000.
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Enclosure 2
I Pursuant to the provisions of 10 CFR 2.201, GPU Nuclear (Licensee) is hereby required to i
submit a written statement or explanation to the Director, Office of Enforcement, U.S. Nuclear
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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
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Notice of Violation" and should include for each alleged violation: (1) admission o_r denial of the alleged violation, (2) the teamns for the violation if admitted, and if denied, the reasons
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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 j
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 action as may be proper should not be taken.
1 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.
i 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, draft, money order, or electronic transfer j
payable to the Treasurer of the United States in the amount of the civil penalty proposed above, j
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 CFP 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 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 i
2.205 should be set forth. separately from the statement or explanation in reply pursuant to 10 i
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 j
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 i
action pursuant to Section 234c of the Act,42 U.S.C. 2282c.
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Enclosure 3
i 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 I,475 Allendale Road, King of Prussia, Pa 10406, and a copy to the NRC Resident inspector i
at the Oyster Creek Nuclear Generating Station.
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Dated at King of Prussia, Pennsylvania thisgI/ day of May 1993 3
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