ML20134D554

Forwards Insp Rept 50-440/96-17 on 961102-1220.Apparent Violations Being Considered for Escalated Enforcement Action

ML20134D554
Person / Time
Site:	Perry
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: ML20134D554 ML20134D559
References
EA-96-542, NUDOCS 9702050229
Download: ML20134D554 (3)

See also: IR 05000440/1996017

Text

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January 23, 1997 i

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EA 96-542_

Mr. Lew W. Myers

Vice President Nuclear

Centerior Service Company i

P. O. Box 97. A200 i

Perry, OH 44081 '

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SUBJECT: NRC INSPECTION REPORT NO. 50-440/96017 -

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, '

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

activities at the Perry facility was generally characterized by safety- l

conscious operation, sound engineering and maintenance practices, and an i

effective response by your emergency preparedness personnel to an event '

involving offsite communications. However, an inadvertent increase.in

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

,

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

identified and are being considered for escalated enforcement action in '

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

Enforcement Actions" (Enforcement Policy), NUREG 1600.

The apparent violations involve technical specification limiting condition for i

operation (LCO) action requirements which were exceeded. One of these i

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 j

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

In addition, the number and characterization of apparent liolations described i

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

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  !

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

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 }

effective corrective actions. In addition, this is an opportunity for you to r

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

information concerning your perspectives on: 1) the severity of the I

.

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9702050229 970123

, DR ADOCK 050004 0 .

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L. W. Myers -2-

s

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

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 -

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

accordance with Section VII.

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

deliberations on this matter.. No response regarding these apparent violations  ;

is required at this time. I

!

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,

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Regulatory Affairs

l W. R. Kanda, Director, Perry Nuclear

Assurance Department i

N. L. Bonner, Director, Perry

Nuclear Engineering Dept.

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H. Ray Caldwell, General l

Superintendent Nuclear Operations  !

R. D. Brandt, General Manager Operations '

Terry J. Lodge, Esq.

State Liaison Officer, State of Ohio

l 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 l

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

, DOCUMENT NAME: G:\DRP\')ER96017.DRP SEE ATTACHED CONCURRENCES

{ 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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0FFICE RIII:DRP l RIII:RA0 l RIII:DRS l RIM OPP l  !

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NAME

ERS/bs/ Clayton Creed /Jickling m'

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DATE 1/ /97 1/_ /97 1/ /97 1/N/97

0FFICIAL RECORD COPY

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Distribution:

Docket File w/ encl DRS w/ encl (3) 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 '

J. Lieberman, OE J. Goldberg, 0GC R. Zimmerman, NRR  !

TSS

DOCUMENT NAME: G:\DRP\PER96017.DRP

To fossive a copy of this document, indicate in the ber "C" = Copy w/o attach /enci T = Copyw/ attach /enci "N" = No copy

0FFICE RIII:DRP h A1II:RAO, lE RNI:DR$ \ l RIII:DRP l )

Cla Cre /Ji 1 Caldwell

NAME

DATE

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