ML20134D554

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Forwards Insp Rept 50-440/96-17 on 961102-1220.Apparent Violations Being Considered for Escalated Enforcement Action
ML20134D554
Person / Time
Site: Perry FirstEnergy icon.png
Issue date: 01/23/1997
From: Caldwell J
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To: Myers L
CENTERIOR ENERGY
Shared Package
ML20134D557 List:
References
EA-96-542, NUDOCS 9702050229
Download: ML20134D554 (3)


See also: IR 05000440/1996017

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January 23, 1997

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EA 96-542_

Mr. Lew W. Myers

Vice President Nuclear

Centerior Service Company

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P. O. Box 97. A200

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Perry, OH 44081

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SUBJECT:

NRC INSPECTION REPORT NO. 50-440/96017

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Dear Mr. Myers:

,

On December 20, 1996, the NRC completed a routine safety inspection at your

Perry 1 reactor facility.

The enclosed report presents the results of that

inspection,

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During the 7-week period covered by this inspection period, your conduct of

activities at the Perry facility was generally characterized by safety-

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conscious operation, sound engineering and maintenance practices, and an

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effective response by your emergency preparedness personnel to an event

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involving offsite communications.

However, an inadvertent increase.in

reactivity occurred as a result of operator error and is of concern.

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,

Based on the results of this inspection, four apparent violations 'were

identified and are being considered for escalated enforcement action in

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accordance with the " General Statement of Policy and Procedure for NRC

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Enforcement Actions" (Enforcement Policy), NUREG 1600.

The apparent violations involve technical specification limiting condition for

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operation (LCO) action requirements which were exceeded.

One of these

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involved a 41-hour period where the control room emergency recirculation

system was inoperable, and the actions required by technical specification

LC0 3.0.3 were not completed.

The NRC notified you of the apparent violations on December 27, 1996.

No

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Notice of Violation is presently being issued for these inspection findings.

In addition, the number and characterization of apparent liolations described

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in the enclosed inspection report may change as a result of further NRC

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review.

,

A pre-decisional enforcement conference to discuss these apparent violations

will be scheduled with you in the near future. The decision to hold a pre-

decisional enforcement conference does not mean that the NRC has determined

that a violation has occurred or that enforcement action will be taken.

This

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conference is being held to obtain information to enable the NRC to make an

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enforcement decision, such as a common understanding of the facts, root

causes, missed opportunities to identify the apparent violations sooner,

corrective actions, significance of the issues, and the need-for lasting and

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effective corrective actions.

In addition, this is an opportunity for you to

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point out any errors in our inspection report and for you to provide any

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information concerning your perspectives on:

1) the severity of the

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9702050229 970123

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L. W. Myers

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violations, 2) the application of the factors that the NRC considers when it

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determines the amount of a civil penalty that may be assessed in accordance

with Section VI.B.2 of the Enforcement Policy, and 3) any other application of

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the Enforcement Policy to this case, including the exercise of discretion in

accordance with Section VII.

You will be advised by separate correspondence of the results of our

deliberations on this matter..

No response regarding these apparent violations

is required at this time.

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In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of

this letter and the enclosure will be placed in the NRC Public Document Room

(PDR).

Sincerely,

la*nfes L. 'CaNwN, Director

Docket No.

50-440

License No.

NPF-58

Enclosure:

Inspection Report 50-440/96-17

cc w/ encl:

J. P. Stetz, Senior Vice

President - Nuclear

L. W. Worley, Djrector, Nuclear

Services Department

J. D. Kloosterman, Manager,

Regulatory Affairs

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W. R. Kanda, Director, Perry Nuclear

Assurance Department

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N. L. Bonner, Director, Perry

Nuclear Engineering Dept.

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H. Ray Caldwell, General

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Superintendent Nuclear Operations

R. D. Brandt, General Manager Operations

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Terry J. Lodge, Esq.

State Liaison Officer, State of Ohio

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Robert E. Owen, Ohio

Department of Health

C. A. Glazer, State of Ohio,

Public Utilities Commission

Distribution:

Docket File w/ enc 1

DRS w/ encl (3)

A. B. Beach, RIII w/ encl

PUBLIC IE-01 w/ encl

RIII PRR w/ encl

Enf. Coordinator, RIII w/ encl

OC/LFDCB w/ encl

SRI, Perry w/ encl

CAAl (E-mail) w/ encl

DRP w/ encl

LPM, NRR w/ encl

W. L. Axelson, RIII w/ encl

J. Lieberman, DE

J. Goldberg, OGC

R. Zimmerman, NRR

TSS

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DOCUMENT NAME: G:\\DRP\\')ER96017.DRP

SEE ATTACHED CONCURRENCES

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To receive a copy of this document, Indicate in the box "C" = Copy w/o attach /enci "E" = Copy w/ attach /enct "N" = No copy

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Distribution:

Docket File w/ encl

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A. B. Beach, RIII w/ encl

PUBLIC IE-01 w/ enc 1

RIII PRR w/ encl

Enf. Coordinator, RIII w/ encl

OC/LFDCB w/ encl

SRI, Perry w/ encl

CAA1 (E-mail) w/ encl

DRP w/ encl

LPM, NRR w/ encl

W. L. Axelson, RIII w/enci

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J. Lieberman, OE

J. Goldberg, 0GC

R. Zimmerman, NRR

TSS

DOCUMENT NAME:

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