ML20196D584
| ML20196D584 | |
| Person / Time | |
|---|---|
| Site: | Fermi  |
| Issue date: | 02/11/1988 |
| From: | Davis A NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | |
| Shared Package | |
| ML20196D559 | List: |
| References | |
| EA-87-232, NUDOCS 8802170266 | |
| Download: ML20196D584 (3) | |
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1 NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY Detroit Edison Company Docket No. 50-341 Enrico Fermi Nuclear Power Plant License No. NPF-43 Unit 2 EA 87-232 An NRC special inspection conducted during the period September 11 th:ough November 25, 1987, resulted in identification of a violation of NRC requirements.
In accordance with the "General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR, Part 2, Appendix C (1987), the Nuclear Regulatory Co mission proposes to impose a civil penalty pursuant to Section 234 of the Atomic Energy Act of 1954, as amended (Act), 42 U.S.C. 2281, and 10 CFR 2.205.
The particular violation and associated civil penalty are set forth below:
10 CFR 50, Appendix B, Criterion III, "Design Control," as implemented by the licensee's approved quality assurance program, requires that measures be established to assure that the design basis specified in the license application for systems that mitigate the consequences of postulated accidents is correctly translated into drawings.
Section 8.3.1.1.4 of the Fermi 2 Updated Final Safety Analysis Report, a part of the license application, describes the design basis for the 72CF bus automatic throwover function as satisfying the "no single failure" criterion. Bus 72CF is necessary for the operation of both divisions of the residual heat removal system in the post-accident core cooling mode to mitigate the consequences of a loss of coolant accident.
Contrary to the above, between July 15, 1985, the time of operating license issuance, and October 6,1987, the design basis for the 72CF bus automatic throwover function to satisfy the "no single failure" criterion was not correctly translated into drawings.
The as-drawn (reference Drawing No. 617212573-11, Revision L) and as-built configuration for that automatic throwover function would have allowed the failure of the Division 1 DC control power following a loss of coolant accident with loss of offsite power to prevent throwover.
This would render inoperative both divisions of the post-accident core cooling mode of the residual heat removal system.
This is a Severity Level III violation (Supplement I).
Civil Penalty - ($25,000)
Pursuant to the provisions of 10 CFR 2.201, Detroit Edison Company (Licensee) is hereby required to submit a written statement or explanation to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, ATTN:
8802170266 880211 PDR ADOCK 05000341 G
PDR i
I FEB 11 1980 Notice of Violation 2
Document Control Desk, Washington, D.C. 20555, within 30 days of the date of this Notice.
This reply should be clearly marked as a "Reply to a Notice of Violation" and should include for each alleged violation:
(1) the reason for the violation if admitted; (2) the corrective steps that have been taken and the results achieved; (3) the corrective steps which will be taken to avoid further violations; (4) the date when full compliance will be achieved.
If an adequate reply is not received within the time specified in the Notice, an order may be issued to show cause why the license should not be modified, suspended, or revoked or why such other actions 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 penalties by letter 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 amount of 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, Of fice 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 aarked as an "Answer to Notice of Violation" and may:
(1) deny the violations listed in this Notice in whole or in part, (2) demonstrate extenuation circumstances, (3) show error in this Notice, or (4) show other reasons why the penalty should not be imposed.
In 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 in Section V.B of 10 CFR, Part 2, Appendix C (1987), should oe addressed. Any written answer in accordance with 10 CFR 2.205 should be set forth separately from the statement or explanation in reply pursuant to 10 CFR 2.201, but may incorporate parts of the 10 CFR 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 any civil penalty due which subsequently has been determined in accordance with the applicable provisions of 10 CFR 2.205, this matter may be referred to the Attorney General, ano the penalty, unless compromised, remitted or mitigated, may be collected by civil action pursuant to Section 234c of the Act, 42 U.S.C. 2282c.
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s Notice of-Violation 3
FEB 11 1988 The responses to the Director, Of fice of Enforcement, noted above (Reply to a Notice of Violation, letter with payrrent of civil penalty, and Answer to Notice of Violation), should be addressed to:
Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, ATTN:
Document Control Desk, Washington, DC 20555, with a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, Region III, 799 Roosevelt Road, Glen Ellyn, Illinois 61037, and a copy to the NRC Resident Inspector at the Fermi Nuclear Power Plant.
1 FOR THE NUCLEAR REGULATORY COMMISSION t
$hhb \\dM A. Bert Davis Regional Administrator Dated at Glen Ellyn, Illinois this JJC day of February 1988 i
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