ML20149D360

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $50,000.Noncompliance Noted:Shift Supervisor Failed to Explain Plans,Procedures & Safety Precautions to Auxiliary Operators Assigned to Perform CRDM mock-up

ML20149D360
Person / Time
Site:	Palisades
Issue date:	09/14/1993
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:
Shared Package
ML18059A386	List: ML20149D360
References
EA-93-178, NUDOCS 9309210019
Download: ML20149D360 (4)

Text

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I NOTICE OF VIOLATION i AND  !

PROPOSED IMPOSITION OF CIVIL PENALTY  !!

Consumers Power Company Docket No. 50-255 Palisades Nuclear Plant License No. DPR-20 .

EA 93-178 l l

During an NRC inspection conducted from June 15-25, 1993, j 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 (1993), the Nuclear Regulatory Commission proposes to impose a civil penalty ,

pursuant to Section 234 of the Atomic Energy Act of 1954, as l amended (Act), 42 U.S.C. 2282, and 10 CFR 2.205. The particular i violations and associated civil penalty are set forth below.  ;

t Technical Specification 6.8.1.a requires, in part, that written  ;

procedures be established, implemented and maintained covering '

the applicable procedures recommended in Appendix A of Regulatory Guide 1.33, Revision 2 (February 1978), Quality Assurance Program Requirements, as endorsed by CPC-2A, Quality Program Description.

The Quality Program Description in CPC-2A endorses, among other things, the following applicable procedures listed in Appendix A of Regulatory Guide 1.33: Authorities and Responsibilities for Safe Operation and Shutdown (Section 1.b); Record Retention l

(Section 1.h); Preparation for Refueling and Refueling Equipment Operation (Section 2.k); and Removal of the Reactor Hsod

{

(Section 9.d(6)).

A. Administrative Procedure 4.00, " Operations Organization, j Responsibilities, and Conduct," Revision 10, Step 4.4.1.h, established to implement the procedure listed in Regulatory  ;

Guide 1.33, Appendix A, Section 1.b, requires, in part, that the Shift Supervisor explain plans, procedures and safety  ;

precautions to shift operating personnel prior to unusual or -

infrequent operations.

Contrary to the above, on June 10, 1993, the Shift i Supervisor failed to explain plans, procedures, and safety precautions to the auxiliary operators assigned to perform the control rod drive mechanism uncoupling evolution, an intrequent operation.

B. Special Operating Procedure CRDO-1, " Disconnecting Control Rods from CRDMS," Revision 8, Step 3.4, established to implement the procedure listed in Regulatory Guide 1.33, Appendix A, Section 2.k, requires that persons performing this activity complete a dry run of this procedure using the control rod drive mechanism disconnecting mock-up.

l 9309210o19 93o9147 PDR ADOCK 05000255 )

G PDR 1 I

I Notice of Violation 2 l Contrary to the above, on June 10, 1993, the auxiliary l operators performing control rod drive mechanism uncoupling ,

had not completed'a dry run of Procedure CRDO-1 using the l control rod drive mechanism disconnecting mock-up.

C. Special Operating Procedure CRDO-1, " Disconnecting Control  ;

Rods from CRDMS," Revision 8, Step 5.1.3, established to j implement the procedure listed in Regulatory Guide 1.33,  ;

Appendix A, Section 9.d(6), requires the notification of the  !

control room to record on Attachment 1 the control rod drive i mechanism which has been disconnected.  !

l Contrary to the above, on June 10, 1993, during the  !

uncoupling of control rod drive mechanisms, operators repeatedly failed to notify the control room after each ,(

control rod drive mechanism was disconnected, but only.  !

notified the control room after groups of control rod drive- i mechanisms were disconnected.  !

D. Special Operating Procedure CRDO-1, " Disconnecting Control l Rods from CRDMS," Revision 8, Step 7.2.3, established to implement the procedure listed in Regulatory Guide 1.33, Appendix A, Section 1.h, requires that the control room  ;

working copy of this procedure be retained. l contrary to the above, after completion of the control rod drive mechanism uncoupling evolution on June 10, 1993, the control room working copy of the procedure was not retained.  !

E. Regulatory Guide 1.33, Appendix A, Section 9, as endorsed j by CPC-2A, Quality Program Description, requires, in part, that maintenance be properly parformed in accordance with written procedures appropriate to the circumstances.  ;

Contrary to the above, as of June 15, 1993, Maintenance  ;

Procedure RVG-M-2, " Removal of the Reactor Vessel Head," {

Revision 24, a portion of which serves to verify that all  !

rack extensions are uncoupled, was inappropriate to the i circumstances in that Steps 5.20.18 through 5.20.20 were not  ;

adequate to verify that all rack extensions were uncoupled. i This is a severity Level III problem (Supplement 1.).  ;

, Civil Penalty - $50,000.  !

Pursuant to the provisions of 10 CFR 2.201, Consumers Power l Company (Licensee) is hereby required to submit a written j statement or explanation to the Director, Office of Enforcement, _.,

U.S. Nuclear Regulatory Commission, within 30 days of the date of j this Notice of Violation and Proposed Imposition of Civil Penalty  ;

(Notice) .. This reply should be clearly marked as a " Reply to a ^ l^

Notice of Violation" and should include for each alleged violation: (1) admission or denial of the alleged violation, (2) i

Notice of Violation 3 the reasons for the violation if admitted, and if denied, the reasons why, (3) the corrective steps that have been taken and the results achieved, (4) the corrective steps that will be taken to avoid further violations, and (5) the date when full compliance will be achieved. If an adequate reply is not received within the time specified in this Notice, an Order or.a Demand for Information may be issued as to why the license should not be modified, suspended, or revoked or why such other actions 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.

Within the same time as provided for the response required under 10 CFR 2.201, the Licensee may pay the civil penalty by letter ,

addressed to the Director, Office of Enforcement, U.S. Nuclear J Regulatory Commission, with a check, draft, money order, or electronic transfer payable to the Treasurer of the United States in the amount of the civil penalty proposed above, or may protest imposition of the civil penalty in whole or in part, by a written answer addressed to the Director, Office of Enforcement, U. S.

Nuclear Regulatory Commission. 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 Violation" and may: (1) deny the violations listed in this Notice in whole or in part, (2) 4 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 factors i addressed in Section V.B.2 of 10 CFR Part 2, Appendix C (1993),

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.  ;

i 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.

Notice of Violation 4 The responses noted above (Reply to Notice of Violation, letter with payment of civil 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 III, 799 Roosevelt Road, Glen Ellyn, Illinois 60137, and with a copy to the NRC Recident Inspector at the Palisades Nuclear Plant.

Dated at. Glen Ellyn, Illinois this 14th day'of September 1993