ML20148B640

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $100,000.Violation Noted:Condition Adverse to Quality Not Promptly or Properly Corrected.Temps in Containment Bldg Higher than Design Temp Specified in FSAR

ML20148B640
Person / Time
Site:	Arkansas Nuclear
Issue date:	03/14/1988
From:	Martin R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To:
Shared Package
ML20148B638	List: ML20148B633 ML20148B640
References
EA-87-227, NUDOCS 8803220071
Download: ML20148B640 (2)

Text

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NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF civil PENALTY Arkansas Power and Light Company Docket Nos. 50-313 and 50-368 Arkansas Nuclear One License Nos. DPR-51 and NPF-6 Little Rock, Arkansas EA 87-227 During NRC an inspection conducted during the period August 18-20, 1987, violations of NRC requirements were identified, in accordance with the "General Statement of Policy and Procedure for NRC Enforcement Actions,"

10 CFR Part 2, Appendix C (1987), the Nuclear Regulatory Commission proposes to l

impose a civil penalty pursuant to Section 234 of the Atomic Energy Act of 1954, as amended (Act), 42 U.S.C. 2282, and 10 CFR 2.205. The particular violation and associated civil penalty are set forth belnw:

10 CFR Part 50, Appendix B, Criterion XVI, Corrective Action, .equires, in part, that conditions adverse to quality be promptly identified and corrected.

Arkansas Power and Light Company Quality Assurance Manual Operations Section 16 implements the requirements of 10 CFR Part 50, Appendix B, Criterion XVI.

Contrary to the above, a condition adverse to quality was not promptly or properly corrected. Since 1974 the licensee has known that temperatures in some regions of the Unit 1 containment building, during operations, were considerably higher than the design temperature specified in the Updated Final Safety Analysis Report. This condition existed until August 1987 without proper corrective action being taken in that, the failure to properly evaluate the effects of high containment temperatures on structures, components, and accident analyses resulting from failure by the license to identify and control design interfaces and to adequately coordinate participating design organizations to assure that the design basis e s correctly translated and that deviations were controlled as required by l

10 CFR 50, Appendix B, Criterion Ill were not identified and corrected.

This is a Severity Level 111 violation (Supplement 1)

Civil Penalty - $100,000.

Pursuant to the provisions of 10 CFR 2.201, Arkansas Power and Light Company (Licensee) is hereby required to submit a written statement or explanation to the Director, Office of Enforcement, U.S. Nuclear Regulatory Connission, within 30 days of the date of this Notice. This reply should be clearly marked as a "Reply to a Notice of Violation" and should include for each alleged violation:

(1) admission or denial of the allegeo violation, (2) the reasons for the violation if admitted, (3) the corrective steps that have been taken and the (4) the corrective steps that will be taken to avoid further resultsachieved(5)thedatewhenfullcompliancewillbeachieved.

violations, and If an adequate reply is not received within the time specifimi in this Notice, an order may be issued 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 response time for good cause shown. Under the authority of Section 182 of the Act, 42 U.S.C. 2232, this response shall be submitted under oath or affirmation, I

8803220071 000314 PDR ADOCK 05000313 l G PDR - - - _ _ - _ _ _ _ _ _ -

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Notice of Violation Within the same time as provided for the response required above under 10 CFR 2.201, the Licensee may pay the civil penalty by letter addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, with a check, draft, or money order payable to the Treasurer of the United States in the e. mount of the civil penalty proposed above, in whole or in part by a written answer addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Connission. Should the Licensee fail to answer within the time specified, an order imposing the civil penalty will be issued. Should the Licensee elect to file an answer in accordance with 10 CFR 2.205 protesting the civil penalty, in whole or in part, such answer should be clearly marked as an "Answer to a Notice of Violaticn" and may: (1) deny the violations 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 (1987), 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. The attention of the Licensee 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 subsequently has been 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. 2282c.

The responses to the Director, Office of Enforcement, noted above (Reply to a Notice of Violation, letter with payment of civ'1 penalty, and answer to a Notice of Violation) should be addressed to: Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, D.C. 20555, with a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, Region IV, and

• copy to the NRC Resident inspector at the facility which is the subject of this Notice.

FOR THE NUCLEAR REGULATORY COMMIS$10N b Yt's Robert D. Martin Regional Administrator Dated at Arlington, Texas, this ytday of March 1988.