ML20054E824

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $60,000 for Failure to Complete Design Change to Correct Deficiency in May 1977 Re Train B Emergency Diesel Generator

ML20054E824
Person / Time
Site:	Trojan File:Portland General Electric icon.png
Issue date:	06/02/1982
From:	Engelken R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION V)
To:
Shared Package
ML20054E821	List: ML20054E820 ML20054E824
References
NUDOCS 8206140292
Download: ML20054E824 (4)

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APPENDIX 4

NOTICE OF VIOLATION-

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AND PROPOSED IMPOSITION OF CIVIL PENALTY.

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Portland. General Electric Company '

Docket No. 50-344-121 S.-W. Salmon Street' License No.-NPF-l' Portland, Oregon 97204' EA 82-67 On January 18. 1982; Trojanplantpersonnelconducting_anengineeringinvest1l-~

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gation determined that the. Train B emergency diesel generator was inoperable -

for an extended period of time when: preferred instrument bus Y24 was being: powered from nonpreferred instrument bus YO2.' 'This -detemination was reported promptly

. to the flRC and discussed in a follow-up 14_-day Licensee Event Report (LER 82-01).

As a result of the special inspection of the circumstances associated with thel reported event, it was determined.that a violation of regulatory requiremnts' had occurred. This.violationLdemonstrates a weakness in ycur Quality Assurance ~

program to follow up on design changes. A design deficiency was initially' discovered in_ May 1977. _ At that time, a facility design change was proposed to correct the deficient condition, and operations personnel were apprised of the condition by a facility' Standing. Order.--However, the design change was.

never completed, and ' appropriate precautions regarding the deficient condition were not incorporated into pertinent operating procedures.

In' addition, the Standing Order was revised in July'1981, inappropriately omitting the provision which stated that the Train B emergency. diesel generator was to be declared inoperable whenever Preferred Instrument Bus Y24'was being' supplied from its l

alternate power ' source Y02.

In order to emphasize the responsibility of licensees to properly control licensed i'

activities and take appropriate corrective actions'on identified deficiencies, the Nuclear Regulatory Corrnission proposes to impose a civil penalty in the amount of Sixty Thousand_ Dollars. The basic penalty for a violation of the' severity level of this event.is $40,000, as determined from Tables 1A and IB of the NRC

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Enforcement Policy (10 CFR'Part 2 Appendix C) 47 FR 9987 (March 9,1982).

i In accordance with the NRC Enforcement Policy, the penalty is increased 25 -

percent because the licensee became aware of the potential inoperability problem in 1977 and did not take effective corrective actions..The penalty is increased an additional 25% because the LCO was violated for an extended period of time. Pursuant to the NRC Enforcement Policy and Section 234 of the Atomic Energy Act of 1954,'as amended ("Act"), 42 U.S.C. 2282, PL i

96-295, and 10 CFR 2.205, the particular violation and associated civil l

penalty is-set forth below:

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i JUU ~2 1381 Appendix Facility Operating License No. NPF-1 states in Section 2.C(7) that, "all activities to which a quality assurance program is applicable shall...

be conducted 'in accordance with the Quality Assurance Program for Operation. "

Criterion XVI of 10 CFR 50, Appendix B, states in'part, that, " Measures shall be established to assure that conditions adverse to quality, such as failures, malfunctions, deficiencies, deviations, defective material and equipment, and nonconformances are promptly identified and corrected."

The Portland General Electric Nuclear Projects Quality Assurance Program for Operation, in Section 16.3.1, states that, " Procedures are established to assure that conditions adverse to quality and the cause of these condi-tions are determined and corrected in a tinely renner."

J Trojan Nuclear Plant Quality Assurance Procedure QAP-5-1, Revision 1 (issued September 18,1975), stated in Section III.B.2 that, " Procedures or instruc-l tions shall be written to cover as many of the following points as necessary to ensure that the activity will be satisfactorily accomplished without compromising the quality of the item:...d.

It shall contain any pre-cautions or limitations that a person should observe to accomplish the activity."

Technical Specification 3.8.1.1, in Action Step a, states, "With either an offsite circuit or diesel generator set of the above required A.C. electrical power sources inoperable, demonstrate the OPERABILITY of the remaining A.C.

sources by performing Surveillance Requirements 4.8.1.1.1.a and 4.8.1.1.2.a.5 within one hour and at least once per eight hours thereafter; restore at least two offsite circuits and two diesel generator sets to OPERABLE status within 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> or be in COLD Sil0TDOWN within the next 36 hours4.166667e-4 days <br />0.01 hours <br />5.952381e-5 weeks <br />1.3698e-5 months <br />."

i Contrary to the above, effective corrective actions were not taken following the discovery in May 1977 that the Train "B" emergency diesel generator output breaker was inoperable when Preferred Instrument Bus Y24 was being fed from Nonpreferred Instrument Bus Y02. A design change to correct the' deficiency l

was initiated but was not completed. A facility Standing Order was issued to address the deficiency on an interin basis, but all reference to Preferred Instrument Bus Y24 was removed in a 1981 revision.

In addition, no change was made to pertinent facility procedures, nor was other corrective action l

taken to ensure that the identified deficiency did not result in energency diesel generator inoperability. The consequence of this failure was that the Train "B" energency diesel generator was inoperable during the periods 4

November 8 through 12,1981(87 hours0.00101 days <br />0.0242 hours <br />1.438492e-4 weeks <br />3.31035e-5 months <br />) and Decenber 1,1981 through January.4, i

1982(34 days).

During these periods, no action was initiated to perform i

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the specified surveillance and no steps.were taken to connence.a, shutdown of the facility to cold shutdown conditions.

. This is a. Severity Level III Violation (Supplement I)

(Civil Penalty - $60,000)

Pursuant to the provisions of 10 CFR 2.201 Portland General Electric Company is hereby required to submit to the Director, Office of Inspection and Enforce-nent, USNRC, Washington, DC 20555, within thirty days of the date of-this.

Motice, a written statement.or explanation including for each alleged _ violation:

(1)-admission or dental of the alleged violation; (2) the reasons for 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. viola-tions; and (5) the date when full compliance will be achieved.

Consideration may be given to ext 'nding 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, llithin the same tine provided. for the response required above under 10 CFR 2.201, Portland General Electric Company may pay the civil penalty in the amount ~of Sixty Thousand Dollars ($60,000) or may protest imposition of the civil' penalty.

in whole or in.part by a written answer. Should Portland General Electric Company fail to answer within the time specified, the Director, Office of Inspection and Enforcement will issue an order imposing the civil penalty in the amount proposed above. Should Portland General Electric Company elect to file an answer in accordance with 10 CFR 2.205 protesting the civil penalty, such answer 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 nay request remission or nitigation of the penalty.

In requesting mitiqation of the proposed penalty, the five factors contained in Section IV(B) cf 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 by specific reference (e.g...

giving page and paragraph nuators) to avoid repetition. ' Portland General 4

Electric Company's attention is directed to the other provisions of 10 CFR' 2.205 regarding the procedure for imposing a civil penalty.

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Upon failure ~ to pay any civil ~ penalties' due, which have been subsequently determined in accordance with the applicable pro' isions of 10 CFR 2.205, v

this natter may be referred to.the Attorney General; and the penalties, unless compromised, remitted, or mitigated,'may be collected by civil action pursuant.

to Section 234c of the Act, 42 U.S.C. 2282.

FOR TIIE ftVCLEAR REGULATORY COMflISSI0ft Cfghel signe5 57 Rob 6Nt if.##I"ngelken

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Regional Administrator Dated at Walnut Creek, California this 2 day of June 1982 1