ML20055G142
| ML20055G142 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 07/16/1990 |
| From: | Martin T NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | |
| Shared Package | |
| ML20055G140 | List: |
| References | |
| EA-90-084, EA-90-84, NUDOCS 9007200170 | |
| Download: ML20055G142 (3) | |
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NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY Northeast Nuclear Energy Company Docket No.
50-245 Millstone Unit 1 License No. DPR-21 EA 90-084 During an NRC inspection conducted between February 21 and April 2,1990, 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, (Enforcement Policy) (1990), 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 violation and associated civil penalty are set forth below:
10 CFR Part 50, Appendix B, Criterion XVI (Corrective Actions), requires, in part, that measures shall be established to assure that conditions adverse to quality, such as failures, deficiencies and deviations are promptly identified and corrected.
Contrary to the above, on two occasions prior to March 1990, conditions adverse to quality existed at Millstone Unit 1; however, one condition was not promptly identified, and the other condition, although identified, was not promptly corrected, as evidenced by the following two examples:
1.
In April 1987, a Unit 1 engineer performed a calculation of the main steam line high flow trip setpoint partly in response to a General Electric Service Information Letter (SIL) and found that the existing setpoint was in excess of the setpoint limit of 120% of rated steam flow described in technical specification (TS) limiting condition for operation 3.2.A and Table 3.2.1.
Although this determination (which constituted a condition adverse to quality) was sent to the corporate engineering department in April 1987 to verify the validity of the calculation and the assumptions used, final verification that the setpoint was non-conservative was not made until March 1990, even though the Unit 1 instrument and control (I&C) engineer repeatedly had sought disposition of this matter during this period; and 2.
Since 1978, the monthly surveillance test of the gas turbine generator (GT) wu performed at a load greater than 6 megawatts as specifica by procedure SP-668.2, Gas Turbine Emere ncy Fast Start Test, Revision 12, dated February 21,1990 (a.1 prior revisions). The GT was not tested at the full load output (of 9.876 megawatts as specified in Table 8.3-7 of the Updated Fina, Safety Analysis Report that existed at the time of identificati3n) as required by technical specification surveillance requirement 4.9.A.2.a.
Although these TS surveillance tests were performed monthly, and periodic audits of technical specifications and 0FFICIAL RECORD COPY CP PKG MILL - 0006.0.0 900720o170 900716 FDR ADOCK 05000245 PDC
biennial reviews of these tests were performed, this condition was not identified and corrected until March 2, 1990.
This is a Severity Level III violation (Supplement I)
Civil Penalty - $25,000 Pursuant to the provisions of 10 CFR 2.201, Northeast Nuclear Energy Company 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. This reply should be clearly marked as a " Reply to a Notice of Violation" and should include for each violation: (1) admission or denial of the alleged violation; (2) the reasons for the violation if admitted, (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 may be issued to show cause 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 to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, with a check, draft, or money order payable to the Treasurer of the United States in the amount of the civil penalty proposed above, 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 the civil penalty, in whole or in part, such caswer should be clearly marked as an " Answer to a Notice of Violation" and may:
(1) deny the violation (s) listed in this Notice in whole or in part, (2) demonstrate extenuating circumstances, (3) show error in this Notict, or (4) show other reasons why the penalty should not be imposed.
In addition to protesting the civil penalty, such answer may request remission er mitigation of the penalty.
In requesting mitigation of-the proposed penalty, the factors addressed in Section V.B of 10 CFR Part 2, Appendix C (1990), 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.
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Upon failure to. pay any civil penalty due which subsequently has been determined in accordance with the applicable provisions of 10 CFR 2.205, i
this matter may be referred to the Attorney General, and the penalty, unless
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compromised, remitted, or mitigated, may be collected by civil action pursuant l
to Section 234c of the Act, 42 U.S.C. 2282c.
j The responses to the Director, Office of Enforcement, noted above (Reply to a 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, DC 20555,, a copy to the Regional Administrator, U.S. Nuclear Regulatory i
Commission, 475 Allendale Road, King of Prussia, PA, 19406 and a copy to j
the NRC Senior Resident Inspector, Millstone Nuclear Power Station.
FOR THE NUCLEAR REGULATORY COMMISSION ort ind 6 hed hY 3
- 9. OJrft NC Thomas T. Martin Regional Administrator
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Dated at King of Prussia, Pennsylvania this day of July 1990 1
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