ML20134B510

Forwards Order Imposing Civil Monetary Penalty for Violations Identified During 960217-0311 Insp

ML20134B510
Person / Time
Site:	Nine Mile Point
Issue date:	12/03/1996
From:	Milhoan J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:	Sylvia B NIAGARA MOHAWK POWER CORP.
Shared Package
ML17059B414	List: ML20134B510
References
EA-96-079, EA-96-79, NUDOCS 9701300173
Download: ML20134B510 (2)

Text

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.go - }* NUCLEAR REOULATORY COMMICSION WASHINGTON, D.C. 20086 4001 }

y*****j December 3, 1996 l

EA 96-079  ;

.Mr. B. Ralph Sylvia, Executive Vice President -

Generation Business Group & Chief Nuclear Officer i Niagara Mohawk Power Corporation j Generation Business Group D-2 i 300 Erie Boulevard West i Lycoming, New York 13202 l

Dear Mr. Sylvia:

DIC -5 Mi d6 l

SUBJECT:

ORDER IMPOSING A CIVIL MONETARY PENAL & Og $ji6 g p' .

i (Nine Mile Point, Unit 1) l l .

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This letter refers to your letter, dated July 16, 1996, as well as your 3

' supplemental letter, dated August 15, 1996, in response to the Notice of i

- Violation and Proposed Imposition of Civil Penalty (Notice) sent to you by our  ;

I letter dated June 18, 1996. Our letter and Notice described violations of NRC

] requirements that were identified during an inspection between February 17 and i

March 11, 1996. The two violations set forth in Section I of the Notice were

classified in the aggregate at Severity Level III. These violations involved j- (1) the failure to ensure that the reactor and turbine building pressure i relief panels would function at the pressure specified in the Updated Final i t Safety Analysis Report (UFSAR); and (2) the failure to perform the required '

t safety evaluation to address the use of bolts of the wrong size in the construction of the relief panels which resulted in indications that the

! panels would not relieve until pressures higher than those design basis pressures described in the UFSAR. To emphasize the importance of prompt identification and comprehensive correction of violations at your facility, a

Notice of Violation and Proposed Imposition of Civil Pena *>ty (Notice) in the

- base amount of $50,000 was issued for this Severity Level III problem.

In your July 16, 1996 response, you admitted the two violations set forth in

Section I.of the Notice for which the civil penalty was proposed, but you i reqJested that the civil penalty of $50,000 be mitigated. In addition, you o denied the two other violations that were described in Section II of the Notice and that were classified individually at Severity Level IV. However, in your August 15, 1996, supplemental response, you admitted one of the

. Severity Level IV violations that you had denied in your July 16, 1996 response.

4 After considering your responses, we have concluded, for the reasons given in

the Appendix to the enclosed Order Imposing a Civil Monetary Penalty, that an

! adequate basis was not provided for mitigating the civil penalty for the violations set forth in Section I of the Notice. Accordingly, we hereby serve

_ l the enclosed Order on Niagara Mohawk Power Corporation imposing a civil /

monetary penalty in the amount of $50,000. As provided in Section IV of the

' enclosed Order, payment should b'e made within 30 days of the date of this

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l Niagara Mohawk Power Corporation Order, by check, draft, money order, or electronic transfer, payable to the Treasurer of the United States and mailed to James Lieberman, Director, Office i of Enforcement, U.S. Nuclear Regulatory Commission, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852-2738. In addition, an adequate basis was not provided for withdrawal of the Severity Level IV reportability violation (Violation II.B in the Notice). We will review the effectiveness of your corrective actions during a subsequent inspection.

In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of l this letter and its enclosures will be placed in the NRC's Public Document  ;

Room.

Sincerely, J

e L. Y A A> J ames L. Milhoan .

i JeputyExecutiveDirectorforNuclear Reactor Regulation, Regional Operations and Research  ;

Enclosures:

As Stated Docket No. 50-220 License No. DPR-63 cc w/encls:

R. Abbott, Vice President & General Manager - Nuclear C. Terry, Vice President-Nuclear Engineering M. McCormick, Vice President - Safety Assessment and Support N. Rademacher, Unit 1 Plant Manager J. Conway, Unit 2 Plant Manager D. Wolniak, Manager, Licensing J. Warden, New York Consumer Protection Branch G. Wilson, Senior Attorney M. Wetterhahn, Winston and Strawn J. Rettberg, New York State Electric and Gas Corporation Director, Electric Division, Department of Public Service, State of New York C. Donaldson, Esquire, Assistant Attorney General, New York Department of Law J. Vinquist, MATS, Inc.

P. Eddy, Power Division, Department of Public Service, State of New York State of New York SLO Designee