ML20195K277

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $25,000.Violation Noted:Reactor Vessel Missile Shield/Divider Barrier (Equipment Hatch) Inoperable from Mar 1983 Through 870814

ML20195K277
Person / Time
Site:	Mcguire
Issue date:	01/29/1988
From:	Grace J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:
Shared Package
ML20195K272	List: IR 05000370/1987035 ML20195K277
References
EA-87-192, NUDOCS 8802040124
Download: ML20195K277 (2)

Text

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NOTICE OF VIOLATION AND PROPOSED IMPOSITIDN OF CIVIL PENALTY Duke Power Company Docket No. 50-370 McGuire 2 License No. NPF-17 EA 87-192 During the Nuclear Regulatory Commission (NRC) inspection conducted on August 24-September 4, 1987, a violation of NRC requirements was identified. In accordance I with the "General Statement of Policy and Procedure for NRC Enforcement Actions," l 10 CFR Part 2, Appendix C (1987), the Nuclear Regulatory Commission proposes to i impose a civil penalty pursuant to section 234 of the Atomic Energy Act of 1954, as amended, (Act), 42 U.S.C. 2282, PL 96-295 and 10 CFR 2.205. The particular violation and associated civil penalty are set forth below:

Technical Specification (TS) 3.6.5.5 requires in Modes 1-4 that the equipment hatches between the containment upper and lower compartments be operable and closed. With a personnel access door or equipment hatch inoperable or open except for personnel transit entry, the ACTION requirement of T.S. 3.6.5.5 requires the door or hatch to be returned to operable status or closed (as applicable) within one hour or the unit must be in at least hot standby within the next six hours and cold shutdown within the following 30 hours3.472222e-4 days <br />0.00833 hours <br />4.960317e-5 weeks <br />1.1415e-5 months <br />.

Contrary to the above, the reactor vessel missile shield / divider barrier, an equipment hatch, was inoperable from March 1983 to August 14, 1987.

During this period the unit was operated in Modes up to Mode 1 without complying with the ACTION requirement of T.S. 3.6.5.5.

This.is a Severity Level III violation (Supplement I) applicable to Unit 2 l

only.

Civil Penalty - $25,000.

Pursuant to the provisions of 10 CFR 2.201, Duke Power Company is hereby required to submit a written statement or explanation to the Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555, with a copy to the Regional Administrator, Region II, and a copy to the NRC Resident Inspector, McGuire Nuclear Station, within 30 days of the date of the letter transmitting this Notice. This reply should be clearly marked as a "Reply to a Notice of Violation" and should include: (1) admission or denial of the violation, (2) the reason for the violation if admitted, (3) the corrective steps which I have been taken and the results achieved, (4) the corrective steps which will be taken to avoid further violations, and (5) the date when full compliance will be achieved. Where good cause is shown, consideration will be given to extending the response time. If an adequate reply is not received within the time specified 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.

Within the same time as provided for the response required above under 10 CFR 2,201, Duke Power Company 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 cumulative amount of Twenty-Five Thousand Dollars (525,000) or may protest imposition of the civil 8802040124 890129 DR ADOCK O y0

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( i Notice of Violation JAN 2 91988 l penalty in whole or in part by a written answer addressed to the Director, Office of Enforcement. Should Duke Power Company fail to answer within the time specified,  !

an ordar will be issued imposing the civil penalty. Should Duke Power Company elect i to file an answer in accordance with 10 CFR 2.205 protesting the civil penalty,

, such answer may: (1) deny the violation listed in this Notice in whole or in part, ,

(2) demonstrate extenuating circumstances, (3) show error in this Notice, or  !

j (4) show other reasons why the penalty should not be imposed. In addition to q protesting the civil penalty in whole or in part, such answer may request remission or mitigation of the penalty.

3 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 l statement or explanation in reply pursuant to 10 CFR 2.201 but may incorporate '

j parts of the 10 CFR 2.201 reply by specific reference (e.g., citing page and l paragraph numbers) to avoid repetition. Duke Power Company's attention is directed to the other provisions of 10 CFR 2.205, regarding the procedures for imposing a civil penalty.

Upon failure to pay any civil penalty due which has been subsequently determined i 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. 2282.

The responses to the Director, Office of Enforcement, noted above, Reply to a 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. Nualear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555 with a copy to Regional Administrator, Region II and a copy to the NRC Resident Inspec or at McGuire.

FOR THE NUCLEAR REGULATORY COMMISSION l j

J. Nelson Grace  :

Regional Administrator

Dated at Atlanta, Georgia a thisafdday of January 1988  ;

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