ML20049A680

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Notice of Violation from Insp on 810401-30.Noncompliance Noted:Two Vacuum Breakers,Valves V-26-15 & V-26-17 Were Obstructed from Moving to Open Position While Primary Containment Integrity Was Required
ML20049A680
Person / Time
Site: Oyster Creek
Issue date: 08/21/1981
From: Stello V
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
To:
Shared Package
ML20049A679 List:
References
EA-81-062, EA-81-62, NUDOCS 8110010400
Download: ML20049A680 (2)


Text

m APPENDIX NOTICE OF VIOLATION AN,0 PROPOSED IMPOSITION OF A CIVIL PENALTY Jersey Central Power and Light Company Docket No. 50-219 Oyster Creek Nuclear Generating Station License No. DPR-16 EA-81-62 As a result of the inspection conducted at the Oyster Creek Nuclear Generating Station, Forked River, New Jersey, on April 1,1981 to April 30, 1981, the violation listed below was identified.

In accordance with the Interim Enforcement Po' icy, 45 FR 66754 (October 7, 1980), 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, PL 96-295, and 10 CFR 2.205 in the amount set forth for the violation listed below:

Technical Specification Section 3.5. A.4.a states in part, "...two reactor building to suppression chamber vacuum breakers in each line shall be operable at all times when primary containment integrity is required.

...The vacuum breakers shall move from fully closed to fully open when subjected to a force equivalent of not greater than 0.5 psid acting on the vacuum breaker disc."

Contrary to the above, one of the two vacuum breakers in each line, valves V-26-15 and V-26-17, was obstructed from moving to the fully open position by contractor installed scaffolding from the afternoon of April 16, 1981 until 1:25 p.m. on April 18, 1981, during which time primary containment integrity was required.

This is a Severity Level II Violation (Supplement I.B.1).

(Civil Penalty - $80,000)

Pursuant to the provisions' of 10 CFR 2.201, Jersey Central Power and Light Company is hereby required to submit to this office within 30 days of the date of this Notice a written statement or explanation including for the alleged violation: (1) admission or denial of the alleged violation; (2) the reasons for the violation if admitted; (3) the corrective steps which have been taken and the results achieved; (4) the corrective steps which will be taken to avoid further violations; and (5) the date when full compliance will be achieved. 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, Jersey Central Power and Light Company may pay the civil penalty in the amount of $80,000 or may protest imposition of the civil penalty in whole or in part by a written answer.

Should Jersey Central Power and Light Company fail to answer within the time specified, this office will issue an (54 258&i o!a88%

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order imposing the civil penalty in the amount proposed above.

Should Jersey Central Power and Light Company elect to file an answer in accordance with 10 CFR 2.205 protesting the civil penalty, such answer 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 protest.ing the civil penalty in whole or in part, such answer may request remission or mitigation 1

of the penalty.

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 by specific reference (e.g., giving page and paragraph numbers) to avoid repetition.

Jersey Central Power and Light Company's attention 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 has been subsequently 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 Art, 42 U.S.C. 2282.

The responses directed by this Notice are 'ot subject to the clearance pro-cedures of the Office of Management and Budget as required by the Paperwork Reduction Act of 1980, PL 96-511.

FOR THE NUCLEAR REGULATORY COMMISSION

/

W, Victor Stel Jr.,

"r6c/or Office of pecti nd Enforcement Dated at Bethesda, Maryland this 21 day of August,1981 e

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