ML20138B566

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $50,000.Violation Noted:Program Not Established to Ensure Capability to Obtain & Analyze post-accident Containment Atmosphere Samples

ML20138B566
Person / Time
Site:	Palo Verde
Issue date:	10/08/1985
From:	Martin J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION V)
To:
Shared Package
ML20138B562	List: IR 05000624/2007012 ML20138B566
References
EA-85-087, EA-85-87, NUDOCS 8510150411
Download: ML20138B566 (2)

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NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY Arizona Public Service Company Docket No. 50-528 Palo Verde Nuclear Generating Station Unit 1 License No. NPF-41 Wintersburg, Arizona EA 85-87 j During an NRC inspection conducted on June 24 through July 12 and July 23-24,

, 1985, a violation of NRC requirements involving the operability of the post accident sampling system (PASS) was identified. In accordance with the

" General Statement of Policy and Procedure for NRC Enforcement Actions,"

10 CFR Part 2, Appendix C (1985), the Nuclear Regulatory Commission proposes to impose a civil penalty pursuant to section 234 of the Atomic Energy Act of 4

1954, as amended. ("Act"), 42 U.S.C. 2282, PL 96-295, and 10 CFa 2.205. The 4 - particular violation and associated civil penalty is set forth below:

Technical Specifications 6.8.1.m and 6.8.4.e require, in part, that a program which will ensure the capability to obtain and analyze 4

containment atmosphere samples under accident conditions shall be established, implemented, and maintained prior to operation above 5 percent of full power.

1 Contrary to the above, from the time the reactor was operated above 5%

power on June 6, 1985 until July 5, 1985, a program had not been established which would have ensured the capability to obtain and analyze post-accident containment atmosphere samples in that the selected sample point location, room 127 at the auxiliary building 100 foot elevation 4

(RU-1 monitor), was subject'to high radiation levels that in certain j accident situations would have severely limited and may have precluded personnel entry. The calculated radiation exposure rates are l approximately 260 rem per hour, 3 hours3.472222e-5 days <br />8.333333e-4 hours <br />4.960317e-6 weeks <br />1.1415e-6 months <br /> after a major loss of coolant accident with core damage.

i This is a Severity Level III Violation (Supplement 1)

, (Civil Penalty - $50,000)

Pursuant to the provisions of 10 CFR 2.201, Arizona Public Service Company is l hereby required to submit to the Director, Office of Inspection and i

Enforcement. U.S. Nuclear Regulatory Commission, Washington, D.C. 20555 with a-4 copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, Region V, within 30 days of the date of this Notice a written statement or explanation, including for each alleged violation: (1) admission or denial of the alleged violation, (2) the reasons for'the violation if admitted,-(3) the i

corrective steps that have been taken and the results achieved, (4) the corrective steps which will be taken to avoid further violations, and (5) the

, dste when full compliance will be achieved. If an adequate reply is not received within the time specified in this Notice, the Director, Office of:

Inspection and Enforcement, may issue an order to show cause why the license should not be modified, suspended, or revoked or why such other action as may

! be proper should not be taken. Consideration may be given to extending the j response time for good cause shown. Under the authority of sectior. 182 of the Act, 42 U.S.C. 2232, this response shall be submitted under oath or '

affirmation.

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l Notice of Violation Within the same time as provided for the response required above under 10 CFR  ;

2.201, Arizona Public Service Company may pay the civil penalty by letter '

addressed to the Director, Office of Inspection and Enforcement, with a check, draft, or money order payable.to the Treasurer of the United States in the amount of Fifty Thousand Dollars ($50,000) or may protest imposition of the l civil penalty in whole or in part by a written answer addressed to the  ;

Director, Office of Inspection and Enforcement. Should Arizons Public Service Company fail to answer within the time specified, the Director, Office of i Inspection and Enforcement, will issue an order imposing the civil penalty in the amount proposed above. Should Arizona Public Service Company elect to file an answer in accordance with 10 CFR 2.205 protesting the civil penalty, such answer may: (1) deny the violation listed in this Notice in whole or in

, part, (2) demonstrate extenuating circumstances. (3) show error in this Notice, or (4) show other reasons why the penalty should not be imposed. In addition to protesting the civil penalty in whole or in part, such answer may request remission or mitigation of the penalty.

'In requesting mitigation of the proposed penalty, the five factors addressed in Section V.B of 10 CFR Part 2. Appendix C (1985) should be addressed. Any

, written answer in accordance with 10 CFR 2.205 should be set forth separately

- from the statement or explanation in reply pursuant to 10 CFR 2.201 but may

' incorporate parts of the 10 CFR 2.201 reply by specific reference (e.g.,

citing page and paragraph numbers) to avoid repetition. Arizona Nuclear Power Project's attention is directed to the other provisions of 10 CFR 2.205, regarding the procedure for imposing a civil penalty.

Upon failure to pay any civil penalty due which has been subsequently determined in accordance with the applicable provisions of 10 CFR 2.205, this matter may be referred to the Attorney General, and the penalty, unless compromised, remitted, or mitigated, may be collected by civil action pursuant to section 234c of the Act, 42 U.S.C. 2282.

FOR TH NUCLEAR REGULATORY COMMISSION

. hiZb ohn B. Hartin Regional Administrator Dated at Walnut Creek, California this fdayofOctober1985 f

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