ML20154K839

Forwards Insp Repts 50-269/85-39,50-270/85-39 & 50-287/85-39 on 851209-13.Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $25,000 Withheld (Ref 10CFR2.790 & 73.21).Enforcement Conference Held on 860114

ML20154K839
Person / Time
Site:	Oconee
Issue date:	02/28/1986
From:	Grace J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:	Tucker H DUKE POWER CO.
Shared Package
ML20154K841	List: ML20154K839 ML20154K898
References
EA-86-021, EA-86-21, NUDOCS 8603110328
Download: ML20154K839 (3)

See also: IR 05000269/1985039

Text

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SAFEGUARDS INFORMATION

FEB 281986

Docket Nos. 50-269, 50-270, and 50-287

License Nos. OPR-38, OPR-47, and DPR-55

EA-86-21

Duke Power Company

ATTN: Mr. H. B. Tucker, Vice President

Nuclear Production Department

422 South Church Street

Charlotte, NC 28242

Gentlemen:

SUBJECT: NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY

(NRC INSPECTION REPORT NOS. 50-269/85-39, 50-270/85-39 AND

50-287/85-39)

This refers to the inspection conducted on December 9-13, 1985, at the Oconee

Nuclear Station, Seneca, South Carolina. The inspection included a review of

certain protected area barriers. As a result of this inspection, a significant

failure to comply with NRC regulatory requirements was identified, and accord-

ingly, the NRC's concerns relative to the inspection findings were discussed by

Dr. J. N. Grace, Regional Administrator, of this office and Mr. H. B. Tucker,

Vice President, Nuclear Production Department, of your office in an Enforcement

Conference held in the Region II Office on January 14, 1986.

The violation described in the enclosed Notice of Violation and Proposed

Imposition of Civil Penalty involved a failure to maintain adequate barriers for

a portion of the protected area. The events that resulted in this violation

included a failure to install certain barriers and a lack of review to ensure

that barriers conformed to drawings. It would appear that the inadequacy was in

effect from the 1979-1980 time period until discovered during this inspection.

To emphasize the need to maintain adequate protected area barriers, I have been

authorized, after consultation with the Director, Office of Inspection and

Enforcement, to issue the enclosed Notice of Violation and Proposed Imposition

of Civil Penalty in the amount of Twenty-Five Thousand Dollars ($25,000) for the

violation described in the enclosed Notice. In accordance with the " General

Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2

Appendix C (1985), the violation described in the enclosed Notice has been

categorized as a Severity Level III violation. The base value of a civil penalty

for a Severity Level III violation is $50,000. The NRC Enforcement Policy allows

for reduction of a civil penalty under certain circumstances. In this case, the

base civil penalty is reduced by fifty percent because of your prior good

performance and prompt and extensive corrective action. The penalty was not

completely reduced because of the duration of the violation.

9603110329

PDR ADOCK OSh023 269 ENCLOSURE CONTAINS

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SAFECUARDS INFORMATION

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SAFEGUARDS INFORMATION

Duke _ Power Company 2- FE8281986

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

specified in the enclosed Notice when preparing your response. In your response

you should document the specific actions taken and any additional actions you

plan .to prevent recurrence. Af ter reviewing your response to this Notice,

including your proposed corrective actions, the NRC will determine whether

further NRC enforcement action is necessary to ensure compliance with NRC

regulatory requirements.

In accordance with 10 CFR 2.790(d) and 10 CFR 73.21, safeguards activities and

security measures are exempt from public disclosure; therefore, the enclosures

to this letter, with the exception of the report cover page which presents a

nonexempt summary, will not be placed in NRC's Public Document Room.

The responses directed by this letter and the enclosed Notice are not subject to

the clearance procedures of the Office of Management and Budget as required by

the Paperwork Reduction Act of 1980, PL 96-511.

.,

Sincerely,

J. Nelson Grace

Regional Administrator

Enclosures:

1. Notice of Violation and Proposed

Imposition of Civil Penalty

(Safeguards Information)

2. Inspection Report Nos. 50-269/85-39,

50-270/85-39, and 50-287/85-39

(Safeguards Information)

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