ML20196A943
| ML20196A943 | |
| Person / Time | |
|---|---|
| Site: | Robinson  |
| Issue date: | 06/15/1988 |
| From: | Grace J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | |
| Shared Package | |
| ML14191A937 | List: |
| References | |
| EA-88-088, EA-88-88, NUDOCS 8806300158 | |
| Download: ML20196A943 (2) | |
Text
_ - _ _ _ _ _ _
i.
NOTICE OF VIOLATION AND PROPOSED IMPOSITIF0F CIVIL PENALTY l
Carolina-Power & Light Company Docket No.
50-261 H. B. Robinson Unit 2 License No. DPR-23 EA 88-88 During NRC inspections conducted on January 11 - February 10, March 7, and February 11 - March 10, 1988, a violation of NRC requi: ments was identified.
In accordance with the "General Statement of Policy ano Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C (1988), the Nuclear Regulatory Comission proposes to impose a civil penalty pursuant to Section 234 of the Atomic Energy Act of 1954, as amended (Act), 42 U.S.C. 2282, and 10 CFR 2.205.
The violation and associated civil penalty are set forth below:
10 CFR 50.46 (a) (1) requires that emergency core cooling system (ECCS) cooling performance be calculated in accordance with an acceptable evaluation model.
10 CFR Part 50, Appendix K sets forth standards for an acceptable model.
Appendix K, Section D.1, "Single Failure Criterion" requires that in the accident evaluation the combination of ECCS subsystems assumed to be operative be those available after the most damaging single failure of ECCS equipment has taken place.
Contrary to the above, as of January 29, 1988, the combination of ECCS subsystems assumed to be operative in the evaluation model in the H. B. Robinson Undated Safety Analysis Report (USAR) did not reflect certain more damaging (single failures of ECCS equipo nt, particularly the Safety Injection SI) system. Certain single failures could have rendered two of the three SI pumps inoperable while the H. B. Robinson USAR evaluation model assumed at most one SI pump being inoperable afth the most damaging single failure. The four scenarios in which the SI safety (function could have treen lost only leaving one SI pump operable are 1) a single failure of the sequencer relay in the safeguard sequencing logic, (2) a single failure of the emergency diesel generator (EDG) field flash circuit after loss of offsite power and loss-of-coolant conditiors, (3) a single failure of the DC control power during safeguard sequencing, and (4) a single active failure in the EDG syst a controls.
This is a Severity Level III violation (Supplement I).
Civil Penalty - $50,000 inV
-o8 Pursuant to the provisions of 10 CFR 2.201, Carolina Power & Light Company o8 (licensee) is hereby required to submit a written statement or explanatica to
@8 the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, within 30 days of the date of this Notice.
This reply should be clearly marked as a
@d, "Reply to a Notice of Violation" and should include for each violation:
58 (1) admission or denial of the alleged violation, (2) the reasons for the oc violation if admitted, (3) the corrective steps that 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.
If an coa.o 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,
)
J
Notice of Violation suspended, or revoked or why such other action 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 above under 10 CFR 2.201, the licensee may pay the civil penalty by letter addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Comission, with a check, draft, or money order 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 violation listed in this Notice in whole or in part, (2) demonstrate extenuating circumstances, (3) show error in this Notice, or (4) show other reasons why the penalty should not be imposed.
I: addition to protesting the civil penalty, such answer may request remission or mitigation of the penalty.
In requesting mitigation of the proposed penalty, the five factors addressed Section V.B of 10 CFR Part 2, Appendix C, (1988) should be addressed. Any written answer in accordance with 10 CFR 2.205 shocid be set forth separately from the statement or explanation in reply pursuant to 10 CFR 2.201 but may incorporate parts of the 10 r.FR 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.
Upon failure to pay the penalty due, which has been subsequently 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. 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. Nuclear Regulatory Comission, ATTN:
Document Control Desk, Washington, D.C.
20555, with a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, Region II, and a copy to the NRC Inspector at the H. B. Robinson Plant.
FOR THE NUCLEAR REGULATORY COMMISSION ORIGINAL SIGNE0 BY, J. NELSON cPaa-J. Nelson Grace Regional Administrator Dated at Atlanta, Georgia thisl5A day of June 1988