ML20125C748

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $75,000.Violations Noted:While Reactor Made Critical on 911113,foreign Matl Exclusion Disk Left in Section of Sys Piping Leading to Suction of Injection Pump

ML20125C748
Person / Time
Site:	Point Beach
Issue date:	12/08/1992
From:	Davis A NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:
Shared Package
ML20125C734	List: ML20125C730 ML20125C748
References
EA-92-205, NUDOCS 9212140058
Download: ML20125C748 (3)

Text

. - - _ . - . - - . . . . _ - .- -- - - - . . . - . _ . . - . - - _ . -- - _ ~

NOTICE OF VIOLATION i

' AND PROPOSED ?.HPOSITION OF CIVIL PtNALTY Winconsin Electric Power Co. Dochot No. 50-301 Point Beach Nucioar Plant License No. OpH-30 Unit 2 FA 97-20$

During cn inspection conducted from August 24 through Octobor 12, 1992, violations of NRC requiroments wars identified. In I accordance with the "Statomont of policy and Procedern for NRC Enforcement Actions," 10 CFR part 2, Appandix C, the Nuclear Rngulatory commission proposou to impos? a civil penalty purpuunt tw Section 234 of thn Atomic Energy Act of 1904, an amended (Act), 42 U.S.C. 2282, and 10 CFR 2.205. The particular violations and essociated civil penalty are not fotth below:

A. Technical Specification 15.3.3.A.1.g requiron, in part, that a reactar shall not bo made critical, except for low temperaturo physics tests, unless all valves and piping associated v.ith the safouy injection system components that are required to function during accident conditions are operable.

Onntrary to the above, on or abcat November 13, 1991, the Unit 2 reactor was made critical, not in connection with low e temperature physics tonte, vhian thn piping asnociatud with  ;

train A of the containment recirculation mode of safety ir.jection, which is requirad to function during accident conditions, was inoperable. Specifically, a foreign ,

material exclusion disk had been left in a section of the system piping leading to the auction of the train A ; safety injection pump.

B. 10 CFR Part 50, Appendix B, Critorion V, 'Inutructionn, Procedures, and Drawings", requirer, in part, that activition affectinJ quality be proscribed by procedures of a type appropriato to the circumstances and shall include '

appropriate quantitativo or qualitative acceptance critoria for determining that important activition havo buon saticfactorily accompliched.

contrary to the above, on or about October 17, 1991, Procedure QAP-105-PB, " Cleanliness Inspection of Fluid Systems and Componento," Nevision 1, a procedure a"fecting quality, did not include appropriate guidance or acceptance -

criteria to ensure that debris W.is not left inside the -

safety injection and containment spray pump suction durinj performance of modification IWP 88-098.

This in a Severity Level III problem (Supplemont 1).

Civil Penalty - $75,000

>/212140058 921208 PDR ADOCK 05000301 G PDR i

- , . . .- . ,.- - .--m, , . _ _ . - - - . , - - . . . - . , - - , - . - . _ - - - . , . - .- -, - . . -

.- . . . -. _. - .- . - . _ _ _ . - . - - - . - . ~ _ . - _ - - _ . -

1 .' .'

1 Notico of Violation -2 -

Pursuant to the provisions of 10 CFR 2.201, Wisconsin Electric Power Company (Licensoo) is hereby required to submit a written statomont of explanation to the Director, Of fica of Enfor co.nont, U.S. Nucicar Regulatory Commission, within 30 days of the dato of thin Notico of Violation and Proposed Imposition of civil Penalty

(Notico). This reply should be clearly msrked as a " Reply to a

, Notico of Violation" and should include for each al3eged violation: (1) admission or denial of the alleged violation, (2) the roauons for the violation if admitted, and if denied, th9 reasons why, (3) the corrective stops that havo boon taken and

, tne results achieved, (4) the corrective steps that will be ta'<en to avoid further violations, and (5) the date when full conplianco will be achloved. If an adequate reply is not i

. received within the tino specified in this Notice, an order or a demand for information may be issued as to why the licenso should not be modified, suspended, or revokod or why such other actions  !

as may be proper should not bo taken. Cons.ideration 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, thic response shall bn submitted under oath or affirmation.

Within the same timo as provided for the responso required under 10 CFR 2.201, the Licensoo may pay cho civil penalty by letter addressed to the Olroctor, Office of Enforcement, U.S. Nuclear Regulatory Con 7tunion, with a check, draft, money order, or electronic transfer p sya.:.e to the Treasurer of the United Statou in the amount of the civil penalty proposed above, or may protest imposition of the civil penalty in whole or in part, by n written answer av. dressed to the Director, Office of Enforcement, U. G.

Nuclear Regulatory Commission. Should the Licenseo fail to answer within the time specified, an order imposing the civil penalty will be issued. Should the Licenseo elect to filo an ,

answer in accordunce with 10 CFR 2.205 protesting the civil penalty. in whole or in part, st.ch answer 'should be clourly marked as an " Answer to a Notico of Violation" and may! (1) deny the violations listed in this Notico in whole or in part, (2) demonstrato extenuating circumstancos, (3) show arror 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 jn part, such answer may request reaission or mitigation of the penalty.

In requesting mitigation cf the proposed penalty, the factors addressed in Section V.B 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 direated to the other provisions of 10 CFR 2.205, regarding the procedure for imposing a civil pennity.

P

-> s-- ,,w-..w,w.e ,~,----,2-~.-.-..... . . , , , ,,-w,.w r_ ,~.,,,,,_,e.. u w.. .,-.-w<- , ,. ,,----g

I

4 . .

l 1

l Notico of Violation - 3 -

Upon failure to pay any civil penalty duo which subsequently has j boon datormined in accordance with tho applicable provisions of j 10 CFR 2.205, this matter may be referred to the Attorney 1

, General, and the penalty, unless compromised, romitted, or i mitigated, may be collected by civil action pursuant to Section

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

} The responsos noted abovo (Reply to Hotico of Violation, lotter with payment of civil penalty, and Answer to a Notico of i Violation) should be addressed to: Director, offico of .

Enforcement, d.S. Nuclear Regulatory Commission, ATTN! Document j control Desk, Washington, D.C. 20555 with a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, Region III,

! 799 Roosovalt head, Glen Ellyn, Illinois 60137, and a copy ~to the 4 NRC Hasident Inspector at the Point Peach Nuclear plant.

FOR THE NUCLEAR RUGULATORY COMMISSION i

t

<l U4 5 A. Bert Davis

. Regional Administrator l

) Dated at Glon Ellyn, 1111toin a this 8th day of December 1992 5

l 4

)

i i

f 3

e l i

. - . _ . - - - . . - . . .-.,-. - , - - - . - - . . . - . _ . . ~ - - - . - . . . . - . - . , - ..-