ML20052B506
| ML20052B506 | |
| Person / Time | |
|---|---|
| Site: | Maine Yankee |
| Issue date: | 03/29/1982 |
| From: | Deyoung R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| To: | Thurlow E Maine Yankee |
| Shared Package | |
| ML20052B507 | List: |
| References | |
| EA-81-088, EA-81-88, NUDOCS 8205030118 | |
| Download: ML20052B506 (3) | |
Text
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w=eig an A)5I C MAR 2 9 1982 fpd e
Docket No. 50-309 9
RECElVED M
Maine Yankee Atomic Power Company 2
APR 8 1982 5
~
ATTN: Mr. E. W. Thurlow 9 Mg* g* $
President nec 83 Edison Drive
,q Augusta, Maine 04336 4
N Gentlemen:
This refers to letters dated December 8, 1981 and January 15, 1982 from the Maine Yankee Atomic Power Company (MYAPCo) in response to the Notice of Vio-lation and Proposed Imposition of Civil Penalties sent to you with our letter dated November 12, 1981.
Our letter concerned violations found during our inspection conducted on July 19, 1981 of activities at the Maine Yankee Atomic Power Station.
After careful consideration of the MYAPCo responses, we have concluded for the reasons given in the enclosed Order that the violations occurred as set out in the Notice of Violation and Proposed Imposition of Civil Penalties.
Furthermore, the criteria for categorizing severity levels, as defined in the Interim Enforce-ment Policy published in the Federal Register, 45 FR 66754 (October 7, 1980) were properly applied. We have also given careful consideration to the request for remission or mitigation of the proposed penalties.
We have concluded that the bases for remission or mitigation of Item A were incufficient.
Regarding Item 8, we have concluded that a Ten Thousand Dollar penalty is appropriate.
Accordingly, we hereby serve the enclosed Order on Maine Yankee Atomic Power Company, imposing civil penalties in the amount of Thirty Thousand Dollars.
The central issue in this case involves plant operation, with the reactor critical for a period of several hours, with full awareness that a Technical Specification limiting condition for operation was not met.
Although the responses claim that other facilities have more relaxed requirements, such contentions are not material in that the Maine Yankee Technical Specifications are controlling in such a situation.
The operating staff should be knowledgeable, trained and licensed on the basis of the Maine Yankee requirements.
Moreover, the MYAPCO (ontention that the proposed penalty should be mitigated because of a lack o f c; ear guidance concerning the action to be taken by plant personnel when a Tecnnical Specification limiting condition for operation is not met is disturbing.
As recently as April 10, 1980, the NRC asked MYAPCo to incorporate model Technical Specifications which reiterated the essential requirements of 10 CFR 50.36.
Specifically, if compliance with a limiting condition for operation or an associated action statement cannot be satisfied CERTIFIED MAIL RETURN RECEIPT REQUESTED 8205030118
t Maine Yankee Atomic Power Company because of circumstances in excess of those addressed in the specification, then the reactor must be shut down.
In the absence of action statements, it is unac-ceptable to permit continued reactor operation based on the judgment or opinion of an individual licensee.
The MYAPCo interpretation that the absence of action statements in the Technical Specifications justified continued operation, with-out consideration of the underlying safety considerations that form the basis for the Technical Specifications, demonstrates a problem with the operational philosophy at the Maine Yankee facility.
In this regard we have taken cogni-zance of the revised operating philosophy statement issued by Mr. Randazza on October 9, 1981.
Furthermore, the MYAPCo letter to the NRC dated November 30, 1981 which provided a clarification and proposed restructure of Section 3 (limiting conditions for operation of the Maine Yankee Technical Specifica-tions), when adopted, will assist in providing guidance to the operators for such operations.
The NRC is currently reviewing this subir.ittal.
In regard to the statement on the cover letter to the Notice of Violation which stated that the telephone conversation of July 19, 1981 added to the signifi-i cance of the violation, we have rechecked our telephone records.
Based on the chronology provided in the December 8, 1981 letter, telephone contact with Region I management preceded the problem with valve DR-A-6.
We appreciate your bringing this item to our attention.
We note that the telephone call was precipitated by problems encountered by the plant operating staff with the normal letdown line.
These problems were initially reported to the NRC Head-quarters Duty Officer.
Subsequent difficulties with the alternate letdown system, which resulted in a degradation of containment integrity, were not reported.
Therefore, the violation of 10 CFR 50.72 did occur, though the aforementioned telephone call has no relevance to the violation.
In accordance with Section 2.790 of the NRC's " Rules of Practice," Part 2, Title 10, Code of Federal Regulations, a copy of this letter and the enclosure will be placed in the NRC's Public Document Room.
" rfg Ysigned By R. C. DeYoung" Richard C. DeYoung, Director, Office of Inspection end Enforcement
Enclosures:
Order Imposing Civil Monetary Penalties and Appendix cc w/ encl:
J. Randazza, Vice President - Manager of Operations E. Wood, Plant Superintendent Robert H. Groce, Senior Engineer-Licensing J. H. Garrity, Director, Nuclear Engineering & Licensing D. hE WPU:JD IE 10 IE D:
3/25/82 GBarber JMurray J
berman JH 4ezek RC ung 5520
-3/p/82 3/,C)/82 3
82 3/; /82 3/ [ 82
r Maine Yankee AtomicPower Company Distribution PDR Public Utilities Commission NSIC ATTN:
Mr. Ralph Gelder LPDR Chairman SECY State House CA Augusta, ME 04333 VStello, DED/ROGR RDeYoung, IE JSniezek, IE JLieberman, IE GBarber, IE FIngram, PA JMurray, ELD JCrooks, AE0D JCummings, 01Q Enforcement Directors RI, RII, RIII, RIV, RV IE Files Central Files APuglise, CON L-316 ES Reading Fiel GRequa, NRh0RB3 RClar, NRR: 0RB3 RCHaynes, li JMAllan, F1 RWStarostetki, RI EJBrunner, RI RMGallo, Fl PDSwetlanc, RI WJLazarus, RI KAbraham, RI RTCarlson, RI RIDocket Room Department of Human Services ATTN: Mr. Wallace Hinckley, Mgr Radiological Health Program 157 Capitol Street Augusta, ME 04330 Office of the Attorney Genral ATTN:
Hon. Philip Ahrens Assistant Attorney General State House Augusta, ME 04333
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