ML20133D035

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EN-96-097:informs Commission That Staff Intends to Exercise Enforcement Per Section VII.B.6 of Enforcement Policy & Not Propose Civil Penalty for Severity Level III Violation.State of PA Will Be Notified
ML20133D035
Person / Time
Site: Peach Bottom  Constellation icon.png
Issue date: 12/26/1996
From: Lieberman J, Satorius M
NRC OFFICE OF ENFORCEMENT (OE)
To:
References
EA-96-370, EN-96-097, EN-96-97, NUDOCS 9701080173
Download: ML20133D035 (1)


Text

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December 26, 1996 EN 96-097 0FFICE OF ENFORCEMENT NOTIFICATION OF SIGNIFICANT ENFORCEMENT ACTION Licensee:

PECO Energy Company (EA 96-370)

Peach Bottom Atomic Power Station Docket Nos.

50-277 and 50-278 Sub.iect:

NOTICE OF VIOLATION AND EXERCISE OF ENFORCEMENT DISCRETION This is to inform the Commission that the staff intends to exercise enforcement per Section VII.B.6 of the Enforcement Policy and not propose a civil penalty for a Severity Level III violation. A letter describing this action and forwarding the Notice of Violation will be issued on or about January 3, 1997.

The violation was identified during an inspection at the Peach Bottom Atomic Power Station and consists of a Severity Level III violatica of the requirements of 10 CFR 50.65. the Maintenance Rule.

In this case, the licensee programmatically failed to establish, for several structures, systems, and components, adequate performance criteria to monitor the effectiveness of prevent 3tive maintenance, as required by the Rule.

Normal application of the Enforcennt Policy would result in a $50,000 civil Senalty, due to the NRC having idantified this violation.

However, discretion is aeing proposed in this case because: (1) the overall excellent material condition of the Peach Bottom facility and (2) the very good performance record that the licensee has demonstrated in the maintenance area, evidenced by few examples of performance-based maintenance 3roblems.

By proposing to exercise discretion and not propose a civil penalty in t11s case, the staff is balancing the licensee's programmatic failure to comply with the Maintenance Rule with its strong overall performance in the maintenance area.

It should be noted that the licensee has not been specifically informed of the enforcement action.

The schedule of issuance and notification is:

Mailing of Notice January 3, 1997 Telephone Notification of Licensee January 3. 1997 The State of Pennsylvania will be notified.

The licensee has thirty days from the date of the Notice in which to respond.

Contacts: M. Satorius, OE, 415-2747 J. Lieberman, OE. 415-2741 Distribution OWFN OWFN TWFN Regional Offices Chairman Jackson ED0 OC RI RIV Comm. Rogers DEDR AEOD RII WCFO Comm. Dicus DEDS OP CTR RIII Comm. Diaz OE NMSS Comm. McGaffigan OGC IRM MAIL SECY NRR OIG NUDOCS OCA 01 RES PUBLIC PA SP ACRS IP PRELIMINARY INFORMATION NOT FOR PUBLIC DISCLOSURE UNTIL VERIFICATION THAT LICENSEE HAS RECEIVED ACTION g10 70 961226 EN-96-097 PDR I