ML20127G393

Forwards Order Imposing Civil Monetary Penalty in Amount of $50,000 for Violations Noted During Special Safety Insp on 841102-03.Mitigation of Penalty Unwarranted

ML20127G393
Person / Time
Site:	Mcguire, McGuire
Issue date:	06/21/1985
From:	Taylor J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
To:	Tucker H DUKE POWER CO.
Shared Package
ML20127G396	List: ML20127G393 ML20127G426
References
EA-84-130, NUDOCS 8506250431
Download: ML20127G393 (2)

Text

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[/% k 4 UNITED STATES j NUCLEAR REGULATORY COMMISSION e ;e WASHINGTON, D. C. 20555 JUN 211985 Duke Power Company ATTN: Mr. H. B. Tucker, Vice President Nuclear Production Department 422 South Church Street Charlotte, NC 28242 Gentlemen:

SUBJECT:

ORDER IMPOSING CIVIL MONETARY PENALTY: EA 84-130 (INSPECTION REPORT NOS. 50-369/84-34AND50-370/84-31)

This acknowledges receipt of your letter dated March 22, 1985 in response to the Notice of Violation and Proposed Imposition of Civil Penalty sent to you with our letter dated February 20, 1985. The Notice of Violation contains violations identified during a special NRC safety inspection conducted on November 2-3, 1984 at your McGuire facility. The violations involved the failure of the Upper Head Injection (UHI) accumulator system isolation valves to close at the required UHI accumulator water level.

We have reviewed your response to the Notice of Violation, as well as your response concerning surveillance testing, and your coments regarding the NRC Enforcement Policy. Our concerns with respect to Duke Power Company's philosophy of surveillance testing have been discussed with you previously, and these same concerns are further discussed where applicable in the attached Appendix to the enclosed Order. With regard to your coments involving the NRC Enforcement Policy, we note that Duke Power Company objects to the manner in which the NRC implements its Enforcement Policy. The Comission is always interested in industry coments for program improvements and because of this interest, as you noted, the Comission currently has established an Advisory Comittee to evaluate the NRC's enforcement practices and procedures. Your coments will be provided to the Comittee for their information.

With regard to your response to the Notice of Violation in which you admitted that the violations did occur, after giving careful consideration to your March 22, 1985 letter, we have concluded that mitigation of the proposed civil penalty is not warranted for the reasons given in the Appendix attached to the enclosed Order. Accordingly, we hereby serve on Duke Power Company the enclosed Order Imposing a Civil Monetary Penalty in the amount of Fifty Thousand Dollars ($50,000).

We will review the effectiveness of your corrective actions during a subsequent inspection.

CERTIFIED MAIL RETURN RECEIPT REQUESTED

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8506250431 850621 8 PDR ADOCK 05000369 G PM h i \

Duke Power Company 2 The responses directed by this letter and the enclosed Order are not subject to the clearance procedures of the Office of Management and Budget issued under the Paperwork Reduction Act of 1980, PL 96-511.

Sincerely,

- - , s/

G W. W apies M. Tay1 , Director Wfice of In ection and Enforcement t/,

Enclosure:

Order Imposing Civil Monetary Penalty with Appendix, Evaluation and Conclusions cc w/encls:

T. L. McConnell, Station Manager O

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