ML20196J591
| ML20196J591 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 03/09/1998 |
| From: | NRC (Affiliation Not Assigned) |
| To: | |
| Shared Package | |
| ML20196J576 | List: |
| References | |
| EA-98-423, NUDOCS 9812100137 | |
| Download: ML20196J591 (2) | |
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ENCLOSURE NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF civil PENALTY t/25 Northeast Nuclear Energy Company Docket No. 50,241I Millstone, Unit 3 License No. DPR-21 EA 97-582 During an NRC inspection conducted on August 18-29 and September 819,1997, for which an exit meeting was held on September 24,1997, a violation of NRC requirements was identified.
In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," NUREG-1600, the Nuclear Regulatory Commission 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 particular violation and associated civil penalty are set forth below:
10 CFR Part 50, Appendix B, Criterion XVI, states in part that measures shall be established to assure that conditions adverse to quality, such as failures, malfunctions, deficiencies, deviations, defective material and equipment, and nonconformances are promptly identified and corrected.
Contrary to the above, as of September 1997, a condition adverse to quality existed at the facility which had not been promptly identified and corrected. Specifically, a j
l possibility existed ofinjecting air into the suction of the safety injection and charging i
pumps upon initiation of recirculation following a small break loss of coolant accident.
No test or analysis had been performed to verify that (1) such air injection would not degrade pump or system performance, and (2) the effects of a potential water hammer, j
as water is injected into the dry piping, would not degrade system performance.
This violation is classified at Severity Levellli (Supplement I).
Civil Penalty- $55,000 Pursuant to the provistens of 10 CFR 2.201, Northeest Nuclear Energy Company (Licensee) is hereby required to submit a written statement or explanation to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, within 30 days of the date of this Notice of Violation and Proposed imposition of Civil Penalty (Notice). This reply should be clearly marked l
as a " Reply to a Notice of Violation" and should include for each alleged violation:
(1) admission or denial of the alleged violation, (2) the reasons for the violation if admitted, and if denied, the reasons why, (3) the corrective steps that have been taken and the results achieved, (4) the corrective steps that will be taken to avoid further violations, and (5) the date when full compliance will be achieved. If an adequate reply is not received within the time specified in this Notice, an Order or a Demand for information may be issued as to why the license should not be modified, 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 2
Licensee may pay the civil penalty by letter addressed to the Director, Office of Enforcement, 9812100137 900309 PDR ADOCK 05000423 G
__ PDR__,
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s U.S. Nuclear Regulatory Commission, with a check, draft, money order, or electronic transfer payable to the Treasurer of the United States in the amount of the civil penalty proposed above, or the cumulative amount of the civil penalties if more than one civil penalty is proposed, or ma 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 fall to answer within the time specified, an order imposing the civil penalty will be issued.
Should the Licensee elect to file an answerin accordance with 10 CFR 2.205 protesting the civil penalty, in whole or in part, such answer should be elestfy 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. In addition to protesting the civil penalty, in whole or in part, such answer may request remission or mitigation of the penalty.
In requesting mitigatioh of the proposed penalty, the factors addressed in Section VI.B.2 of the Enforcement Policy should be addressei 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.,
i 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 Attomey General, and the penalty, unless compromised, remitted, or mitigated, may be collected by civil action pursuant to Section 234(c) of the Act,42 U.S.C. 2282c.
The response noted above (Reply to 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 Commission, ATTN: Document Control Desk, Washington, D.C. 20555 with a copy to the Director, Special Projects Office, NRR, U.S. Nuclear Regulatory Commission, and a copy to the NRC Resident inspector at the facility that is the subject of this Notice.
Because your responsa will be placed in the NRC Public Uocument Room (PDR), to the extent possible, !t should not include any personal privacy, proprietary, or safeguards information so that it can be placed in the PDR without redaction. If personal privacy or proprietary information is necessary to provide an acceptable response, then please provide a bracketed copy of your response that identifies the information that should be protected and a redacted copy of your i
response that deletes such information. If you request withholding of such material, you must specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim of withholding (e.g., explain why the disclosure of information will create an unwarranted invasion of personal privacy or provide the information required by 10 CFR 2.7SGb) to support a request for withholding confidential commercial or financial information), if safeguards information is necessary to provide an acceptable response, please provide the level of protection described in 10 CFR 73.21.
j Dated at Rockville, MD
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this 9th day of March 1998 j
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