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Discusses Insp Rept 50-285/97-06 on 970714 & Forwards NOV & Proposed Imposition of Civil Penalty in Amount of $55,000
	ML20151J899
Person / Time
Site:	Fort Calhoun
Issue date:	07/30/1997
From:	Merschoff E; NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To:	Gambhir S; OMAHA PUBLIC POWER DISTRICT
Shared Package
ML20151J905	List: ML20151J899; ML20151J915;
References
	50-285-97-06, 50-285-97-6, EA-97-251, NUDOCS 9708050278
	Download: ML20151J899 (4)
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AR LINGToN, TEXAS 760118064

July 30, 1997

EA 97-251

S. K. Gambhir, Division Manager

Production Engineering

Omaha Public Power District

Fort Ceihoun Station FC-2-4 Adm.

P.O. Box 399

Hwy. 75 - North of Fort Calhoun

Fort Calhoun, Nebraska 68023-0399

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SUBJECT:

NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY -

$55,000 (NRC INSPECTION REPORT 50-285/97-06)

Dear Mr. Gambhir:

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This is in reference to the predecisional enforcement conference conducted on

July 14,1997, in the NRC's Arlington, Texas office with representatives of Omaha Public

Power District (OPPD). The conference involved a discussion of apparent violations of fire

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protection requirements identified during an inspection at Fort Calhoun Station that was

completed on May 2,1997. These apparent violations were discussed in NRC inspection

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Report 50-285/97-06 issued June 27,1997.

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Based on the information de < eloped during the inspection and our review of the

information that you provided during the conference, the NRC has determined that

violations of NRC requirements occurred. These violations are cited in the enclosed Notice

of Violation and Proposed imposition of Civil Penalty. The circumstances surrounding them

were described in detail in the subject inspection report.

At the conference, OPPD admitted all but one of the apparent violations. OPPD contested

the apparent violation involving the adequacy of a fire barrier between fire areas 6 and 20,

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arguing that the NRC had accepted OPPD's resolution of this issue in 1980. OPPD further

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stated that a calculation shows that the barrier that was installed would meet Appendix R

requirements. Documentation provided by OPPD to support its first argument indicates

that the adequacy of this fire barrier, which was to consist of a water curtain sprinkler

system, was specifically raised by the NRC, including the issue of whether draft stops had

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been installed around each floor opening protected by a water curtain. OPPD also provided

copies of documentation indicating that the NRC issued an SER in November 1980 which

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accepted OPPD's resolution after this issue had been raised. Although details of the

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resolution of this issue were lacking from this correspondence, the NRC has decided that

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further pursuit of this issue is not warranted, particularly since OPPD has brought the

water curtain into conformance with the NRC's view of the applicable requirements.

The violations that are cited involve: (1) a failure to orotect an emergency diesel generator

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speed sensing circuit from the effects of a control room or cable spreading room fire, an

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issue which OPPD identified in response to other NRC findings duting this inspection;

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9708050278 970730

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Omaha Public Power District

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(2) a failure to have in place a procedure providing operators sufficient guidance for a cable

spreading room fire; (3) a failure to equip reactor coolant pumps with adequate lobe oil

collection systems; (4) a failure to declare the fire suppression water system inoperable

and post firewatch personnel during system flushing operations; and 5) a failure to assure

that fire brigade personnel received classroom training in fire brigade equipment every two

years.

Although Fort Calhoun Station was not challenged by a fire, these violations collectively

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indicate a substantial failure to fully understand and implement all requirements of

Appendix R and the plant's fire protection program, in addition, at least one of the

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violations (Violation A) had the potential, in the event of a fire, to damage equipment relied

upon to achieve and maintain safe shutdown of the facility. Therefore, these violations

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have been classified in the aggregate as a Severity Level 111 problem, in accordance with

the " General Statement of Policy and Ptocedure for NRC Enforcement Actions

(Enforcement Policy), NUREG-1600.

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At the conference, OPPD discussed corrective actions it was taking to address these

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violations, including: (1) actions to correct the individual violations; (2) enhanced audits of

the fire protection program; (3) conduct of a jire protection self-assessment (already

complete); and (4) conduct of a safety system functional inspection of the fire protection

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program, currently scheduled for October 1997.

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In anordance with the Enforcement Policy, a civil penalty with a base value of $55,000 is

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Jnsidered for a Severity Level lit problem. Because your facility has been the subject of

escalved enforcement actions within the last 2 years,' the NRC considered whether credit

was wrent d for identification and Corrective Action in accordance with the civil penalty

assessment process in Section VI.B.2 of the Enforcement Policy, in that all but one of

these violations were identified by the NRC during its inspection, and that the remaining

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violation was identified by OPPD in response to NRC's inspection findings and would not

likely have been identified otherwise, the NRC has determined that credit for identification

is not warranted. However, based on the corrective actions taken and planned by OPPD,

the NRC has determined that credit for corrective action is warranted. This assessment

results in a civil penalty at the base value of $55,000.

Therefore, to emphasize the impo tance of maintaining all fire protection program

requirements at Fort Calhoun, I have been authorized, after consultation with the Director,

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Office of Enforcement, to issue the enclosed Notice of Violation and Proposed imposition

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of Civil Penalty (Notice) in the base amount of $55,000.

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You are required to respond to this letter and should follow the instructions specified in the

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enciosed Notice when preparing your response. In your response, you should document

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the specific actions taken and any additional actions you plan to prevent recurrence. The

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' On July 31,1996, the NRC issued a Severity Level 111 violation to OPPD (EA 96-204)

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for violations which resulted in disabling the automatic operation of the low temperature,

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over-pressure function of the pressurizer power-operated relief valves.

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NRC will use your response, in part, to determine whether further coforcement action is

necessary to ensure compliance with regulatory requirements.

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in accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter,

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its enclosure, and your response will be placed in the NRC Public Document Room (PDR).

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Sincerely,

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Ellis W. Mersch

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Regional Administrator

Docket No. 50-285

License No. DPR-40

Enclosure: Notice of Violation and

Proposed imposition of Civil Penalty

ec w/ Enclosure:

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James W. Tills, Manager

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Nuclear Licensing

Omaha Public Power District

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Fort Calhoun Station FC 2-4 Adm.

P.O. Box 399

Hwy. 75 North of Fort Calhoun

Fort Calhoun, Nebraska 68023-0399

James W. Chase, Manager '

Fort Calhoun Station, P.O. Box 399

Fort Calhoun, Nebraska 68023

Perry D. Robinson, Esq.

Winston & Strawn

1400 L. Street, N.W.

Washington, D.C. 20005 3502

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Chairman

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. Washington County Board of Supervisors

Blair, Nebraska 68008

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Cheryl Rogers, LLRW Program Manager

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Environmental Protection Section

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Nebraska Department of Health

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301 Centennial Mall, South

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P.O. Box 95007

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Lincoln, Nebraska 68509-5007

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AHowell (ATH)

DChamberlain (DDC)

KPerkins (KEP)

WJohnson (WDJ)

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WWalker (WCW)

KBrockman (KEB)

CVanDenburgh (CAV)

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DOCUMENT NAME: G:\\EA\\ DRAFT \\EA9.72.51.DFT

To receive copy of document, indicate in box: "C" = Copy wdhout enclosures

"E" = Copy wth e[losures "N" = No copy

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