ML20151R913

EN-98-046:on 980616,notice of Proposed Imposition of Civil Penalty in Amount of $110,000 Issued to Licensee.Action Based on Level III Problem Involving HPSI Flow Issues at Waterford-3 Facility

ML20151R913
Person / Time
Site:	Waterford
Issue date:	06/09/1998
From:	Reis T, Satorius M NRC OFFICE OF ENFORCEMENT (OE)
To:
References
EN-98-046, EN-98-46, SECY-97-205-C, NUDOCS 9809010061
Download: ML20151R913 (2)

Text

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i June 9,1999 i EN 98-046 l OFFICE OF ENFORCEMENT NOTIFICATION OF SIGNIFICANT ENFORCEMENT ACTION j

, licensee: Entergy Operations, Inc.

Waterford 3 Steam Electric Station Docket No. 50-382 Subiect: ~ PROPOSED IMPOSITION OF CIVIL PENALTY - $110,000 AND EXERCISE OF ENFORCEMENT DISCRETION ,

This is to inform the Commission that a Notice of Violation and Proposed Imposition of .

Civil Penalty in the amount of $110,000, will be issued on or about June 16,1998 to l

- Entergy Operations, Inc. for a Severity Level 111 problem involving High Pressure Safety Injection (HPSI) flow issues at its Waterford-3 facility. This also informs the Commission that the staff intends to exercise discretion pursuant to Section Vll.B.6 of the Enforcement Policy and refrain from proposing a civil penalty for a violation of 10 CFR 50.59, which is cited at Severity Level lil, involving a change to design flow in the Emergency Feedwater (EFW) system.

The Severity Level 111 problem involving the HPSI flow issues involves failing to address uncertainties in HPSI flow values, resulting in operating the Waterford-3 facility without assurance, as required by 10 CFR 50.46, that the emergency core cooling system was capable of limiting peak cladding temperatures to 2200* F. Subsequent to recognition of the uncertainties, the licensee was able to demonstrate functionality of the HPSI system using an updated analysis methodology that was ultimately approved by the NRC.

However, the significance of the violation is that, given the uncertainties, the licensee could not meet the 10 CFR 50.46 acceptance criteria using the analysis approved in its licensing basis at the time.

Because this was not the first escalated action within the past two years, the staff considered whether credit was warranted for / dent /f/ cation and Correct /ve Act/on. Credit for / dent /fication was not warranted because the discovery of these violations and the licensee's pursuit of the issues were prompted by an NRC engineering team inspection.

Credit for Correct /ve Act/on was also not warranted because, despite significant efforts on the part of the licensee to resolve the issues, its initial actions upon recognition of the .

problem were not prompt and not in compliance with reporting requirements of 10 CFR 50.46. Therefore, application of the Enforcement Policy results in a proposed civil penalty of $110,000.

The violation of 10 CFR 50.59 involving the EFW system, which is being cited at Severity Levellit with no civil penalty being proposed, is based on the licensee having reduced design basis EFW flows after recognizing that the assumed design basis flows could not be achieved by the EFW pumps. The licensee's safety evaluation for reducing design basis EFW flow from 700 gpm to 575 gpm failed to conclude that such a reduction constituted a reduction in the margin of safety and therefore involved an unreviewed safety question.

l l ,so,otoo61 N PDR IbE PDR EN-98-o46

2 EN 98-046 However, based on the specific circumstances of this case, the staff's consideration of the information the licensee presented at the conference, and the guidance given the staff in SECY-97-205, the staff has determined that the exercise of discretion pursuant to Section Vll.B.6 of the Enforcement Policy is appropriate and no civil penalty is being proposed, it should be noted that the licensee has not been specifically informed of the enforcement decision. The schedule of issuance of the report and notification is:

Mailing of Inspection Report June 16,1998 Telephone Notification of Licensee June 16.1998 The State of Louisiana 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 penalty may be remitted, mitigated, or imposed by Order.

Contacts: T. Reis, OE, 415-3281 M. Satorius, OE, 415-2747 Distribution OWFN OWFN TWFN Regional Offices Chairman Jackson EDO OC RI RIV Comm. Dicus DEDE AEOD Ril WCFO Comm. Diaz OE OP CTR Rill Comm. McGamgan OGC NMSS SECY NRR IRM Mall OCA Of OlG NUDOCS PA SP RES PUBLIC IP CFO ACRS CIO PRELIMINARY INFORMATION - NOT FOR PUBLIC DISCLOSURE UNTIL VERIFICATION THAT LICENSEE HAS RECEIVED ACTION

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