ML20046C736
| ML20046C736 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 08/02/1993 |
| From: | NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | |
| Shared Package | |
| ML20046C734 | List: |
| References | |
| EA-93-112, NUDOCS 9308120029 | |
| Download: ML20046C736 (4) | |
Text
.
1 ENCLOSURE NOTICE OF VIOLATION AND i
PROPOSED IMPOSITION OF CIVIL PENALTY Vermont Yankee Nuclear Docket No. 50-271 Power Corporation License No. DPR-28 Vermont Yankee Nuclear Power Plant EA 93-112 i
As a result of an NRC inspection conducted on April 14-16, 1993, three violations of NRC requirements were identified.
In accordance with the " General Statement of Polby and i
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 XI, " Test Control," requires in part that the test results be evaluated to assure that test requirements have been satisfied.
Contrary to the above, on October 15, 1992, following the scram time testing of the control rods, the test results were not evaluated adequately to assure that test requirements have been satisfied. Specifically, the average scram insertion time for one two-by-two array for notch 46 exceeded the time required by Technical Specification 3.3.C.I.2, but the subject array was considered acceptable based on a successful second scram time test without an adequate evaluation of the first test failure.
B.
10 CFR Part 50, Appendix B, Criterion XVI, " Corrective Actions," requires, in part, that in case of significant conditions adverse to quality, measures shall assure that the cause of the condition is determined and corrective action taken to preclude repetition.
7 Contrary to the above, on October 15, 1992, the average control rod scram time for a two-by-two array was in excess of the Technical Specification limits, a significant i
condition adverse to quality, but the licensee did not take any measures to determine the cause of the condition and corrective actions to preclude repetition. (Subsequently, on April 6,1993, the control rod scram times for core-wide average and seven two-by-two arrays exceeded the Technical Specification limits).
C.
Vermont Yankee Technical Specification Limiting Conditions for Operation (LCO)
Sections 3.3.C.1.1 and 3.3.C.I.2 state, in part, that the average of the scram insertion times for the three fastest control rods of all groups of four control rods in a two-by-two array shall be no greater than 0.379 seconds for drop-out of position No. 46.
l l
1 9308120029 930e02 PDR ADOCK 05000271 i
O PDR
Enclosure 2
Vermont Yankee Technical Specification LCO Section 3.3.C.3 states, in part, that if specification 3.3.C.I.2 can not be met, the reactor shall be shut down immediately upon determination that the average scram time is deficient.
Vermont Yankee Surveillance Procedure OP-4424, " Control Rod Scram Testing and Data Reduction," Revision 15, Final Conditions No. 4 and 6 state that if the scram time results are not within the limits specified in Technical Specification 3.3.C.I.2, the reactor, if operating, will be brought to hot shutdown.
Contrary to the above, on October 15,1992, the average scram time for the three fastest control rods in one two-by-two control rod array was 0.391 seconds (thus, greater than 0.379 seconds for drop-out of position No. 46) and the reactor was not brought to hot shutdown, but continuously operated at power in this condition until April 7,1993, when it was shut down for an unrelated issue.
These violations are classified in the aggregate as a Severity I_evel III problem (Supplement I).
Civil Penalty - $50,000 Pursuant to the provisions of 10 CFR 2.201, Vermont Yankee Nuclear Power Corporation (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 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 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, 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 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
~ --
4 Enclosure 3
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 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 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 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 Regicmal Administrator, U.S. Nuclear Regulatory Commission. Region I, and a copy to the NRC Rc :ent inspector at Vermont Yankee.
Dated at King of Prussia, Pennsylvania thisga8 day of August 1993
Vermont Yankee Nuclear Power Corporation DISTRIBUTION-PDR SECY CA JTaylor, EDO JSniezek, DEDR JLieberman, OE TMartin, RI Stewis, OGC TMurley, NRR JPartlow, NRR Enforcement Coordinators RI, RII, RIII, RIV, RV FIngram, GPA/PA BHayes, OI JSurmeier, SP DWilliams, OIG EJordan, AEOD JLuchman, OE Day File EA File DCS W
R S
R g5 RI:DRS RI:DRP RI:ES RI:EOp{ij ftrr WIM rjee/mjc DHolody P
n h a 06/G/93 064D/93 06/Af/93 06/41/93 06p9/93 06/LI93 l
a.
JL berman JSn izek gg 06/jh93 0(///93 6/
f 9
i OFFICIAL RECORD COPY p:93II2REV.JGL
!