ML20138M038

EN-97-007:on 970124,notice of Proposed Imposition of Civil Penalty in Amount of $650,000 Issued to Licensee.Action Based on Violations of Very Significant Regulatory Concern Associated W/Potential Common Mode Failure of Heat Sink

ML20138M038
Person / Time
Site:	LaSalle
Issue date:	01/23/1997
From:	Beverly Clayton, Lieberman J NRC OFFICE OF ENFORCEMENT (OE), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:
References
EA-96-325, EN-97-007, EN-97-7, NUDOCS 9702250238
Download: ML20138M038 (2)

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January 23, 1997

• EN 97-007 OFFICE OF ENFORCEMENT NOTIFICATION OF SIGNIFICANT ENFORCEMENT ACTION Licensee: Commonwealth Edison Company (EA 96-325)

LaSalle County Station Docket Nos. 50-373 and 50-374 Subiect: PROPOSED IMPOSITION OF CIVIL PENALTIES - $650.000 This is to inform the Commission that a Notice of Violation and Proposed Imposition of Civil Penalties in the amount of $650.000 will be issued on or about January 24, 1997, to the Commonwealth Edison Company. The action involves violations of very significant regulatory concern associated with the potential common mode failure of the ultimate heat sink caused by repetitive fouling of the service water system due to the injection of foam sealant material for the repair of minor cracks in the safety-related service water intake tunnel at LaSalle County Station. The action includes: (1) a Severity Level II problem for inadequate procedures and a failure to follow procedures during the application of the sealant, and inadequate corrective actions in response to repetitive fouling of the service water system and (2) a Severity Level III problem for five inadequate procedures related to testing, backwashing, and cleaning strainers in the safety-related emergency core cooling water and residual heat removal systems and non-essential service water systems and the failure to complete unreviewed safety question evaluations regarding strainer backwash flow and mesh size being different than that described in the FSAR. The violations, although unrelated, are reflective of particularly poor overall licensee performance.

In accordance with the Enforcement Policy, a base civil penalty in the amount of

$80,000 is considered for a Severity Level 11 problem. The staff decided to exercise enforcement discretion in accordance with Section VII.(a) of the Enforcement Policy and pro for the Severity Level II problem. posed civil penalties The proposed in the amount civil penalties of on are based $600.000

$100.000 for

, the procedural violations and $50,000 per day for the 10 day period that the units operated while the carrective action violation existed. In accordance with the Enforcement Policy, a base civil penalty in the amount of $50.000 is considered for a Severity Level III problem. The staff considered whether the licensee should be given credit for its corrective actions. Credit was not warranted ,

because the licensee's immediate corrective actions were not timely and NRC  !

intervention was required Consideration of these factors resulted in civil 1 penalties being assessed at $660.000. The staff consulted with the Commission on this action in SECY 96-266. and the Commission approved the issuance of the action by SRM dated January ?3. 1997.

It should be noted that the licensee has not been specifically informed of the i enforcement action. The schedule of issuance and notification is:

Mailing of Notice January 24. 1997 Telephone Notification of Licensee January 24. 1997 The State of Illinois will be notified.

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

Following NRC evaluation of the response, the civil penalties may be remitted, mitigated, or imposed by Order.

Contacts: B. Clayton. EICS-RIII, 603-829-9666 J. Lieberman. OE. 301-415-2741 A3 9702250238 970123 p \

$97 7 PDR

i EN 97-007

• Distribution OWFN OWFN TWFN Regional Offices

Chairman Jackson EDO OC RI RIV

, Conn. Rogers DEDR AE0D RII WCF0 i Comm. Dicus DEDS OP CTR RIII i Comm. Diaz OE NMSS j I Comm. McGaffigan OGC IRM- tLAll i SECY NRR OIG NUDOCS OCA 01 RES- PUBLIC i

PA SP ACRS .

l-IP PRELIMINARY INFORMATION NOT FOR PUBLIC DISCLOSURE UNTIL VERIFICATION THAT LICENSEE HAS RECEIVED ACTION l

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