ML20141K670

EN-97-027:on 970103,notice of Proposed Imposition of Civil Penalty in Amount of $100,000 Issued to Licensee.Action Based on Severity Level III Problem Consisting of Violations Involving Failure to Correct Erroneous TS Clarifications

ML20141K670
Person / Time
Site:	Wolf Creek
Issue date:	03/31/1997
From:	Lieberman J, David Nelson NRC OFFICE OF ENFORCEMENT (OE)
To:
References
EA-96-470, EN-97-027, EN-97-27, NUDOCS 9705290287
Download: ML20141K670 (1)

Text

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March 31. 1997 EN 97-027

, . OFFICE OF ENFORCEMENT NOTIFICATION OF SIGNIFICANT ENFORCEMENT ACTION Licensee: Wolf Creek Nuclear Operating Corporation (EA 96-470) l Wolf Creek Generating Station i Docket No. 50-482  !

Sub.iect: PROPOSED IMPOSITION OF CIVIL PENALTY - $100.000 This is to inform the Comission that a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $100.000 will be issued on or about April 3,1997. to the Wolf Creek  ;

Nuclear Operating Corporation. The action is based on a Severity Level III problem consisting  :

of three violations involving: (1) the failure to correct erroneous Technical Specification  !

clarifications after being alerted cf their existence by licensee Quality Assurance findings.  ;

(2) the continued existence of an erroneous Technical Specification clarification after being  ;

informed by the NRC that it was incorrect. and (3) an unauthorized change to the Technical j Specifications.

In accordance with the Enforcement Policy, a base civil penalty in the amount of $50.000 is considered for a Severity Level III probl_em occurring prior to November 12. 1996. Because this I was not the first escalated enforcement action within 2 years the staff considered whether credit was warranted for Identification and Corrective Action. The staff determined that <

credit was not warranted for Identification because the issues became known as a direct result I of an NRC inspector's identification of a conflict between a Technical Specification clarification and the actual Technical Specification requirement. The staff also determined that Corrective Action credit was not warranted in that corrective actions were not ,

sufficiently prompt nor comprehensive. This included the licensee permitting the continued l existence of an incorrect clarification well after the pre-decisional enforcement conference and after the staff had informed the licensee of its Josition on the inadequacy of the clarification. This assessment resulted in a double ]ase penalty of $100.000 for the Severity Level III problena It should be noted t. hat the licensee has not been specifically informed of the enforcement action. The schedula of issuance and notification is:

Mailing of Notice April 3, 1997 Telephone Notification of Licensee April 3, 1997 The State of Kansas will be notified.

1 The licensee has thirty days from the date of the Notice in which to respond. Following NRC l- evaluation of the response the civil penalty may be remitted, mitigated, or imposed by Order.

Contacts: D. Nelson. OE. 415-3280 J. Lieberman OE. 415-2741 Distribution OWFN OWFN TWFN Regional Offices Chairman Jackson EDO OC RI RIV Com. Rogers DEDR AE00 RII WCF0 Com. Dicus DEDO OP CTR RIII Com. Diaz OE NMSS l Com. McGaffigan OGC IRM MAIL

SECY NRR OIG NUDOCS

OCA 01 RES PUBLIC ,3 i

PA IP.

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PRELIMINARY INFORMATION - NOT FOR PUBLIC DISCLOSURE UNTIL 9705290287 970331 i

PDR I&E EN-97-027 -.

PDR

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