ML20198R259

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $55,000.Violation Noted:Eccs Subsystem Consisting of Centrifugal Charging Pump Not Operable

ML20198R259
Person / Time
Site:	Braidwood
Issue date:	10/03/1997
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:
Shared Package
ML20198R245	List: ML20198R242 ML20198R259
References
50-456-97-09, 50-456-97-9, 50-457-97-09, 50-457-97-9, EA-97-265, NUDOCS 9711130208
Download: ML20198R259 (3)

Text

i4 NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTIES Commonwealth Edison Company Docket Nos. 50-456; 50-457 Braldwood Nuclear Power Plant Units 1 and 2 License Nos. NPF-72, NPF-77 EA 97-265 During an NRC inspection conducted on May 20 through June 30,1997, a violation of NRC requirements was identified. In accordance with the " General Statement of Policy and f Procedure for NRC Enforcement Actions," NUREG-1600, the NRC 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 fodh below:

Technical Specification 3.5.2 requires that two indepenAnt emergency core cooling system (ECCS) subsystems be operable with the units in Modes 1,2, and 3 with each subsystem comprised of a) one operable centrifugal charging pump; b) one operable safety injection pump; c) one operable residual heat removal (RHR) heat exchanger; d) one operable RHR pump; and e) an operable flow path capable of taking suction from the refueling water storage tank on a safety injection signal and automatic opening of the containment sump suction valves.

Technical Specification Surveillance 4.5.2.b(1) requires that each ECCS subsystem be demonstrated operable at least once per 31 days by venting the ECCS pump casings and discharge piping high points outside of containment.

Contrary to the above, since commercial operation began in 1987 and 1988, respectively, for Unit 1 and Unit 2 and continuing antil May 1997, an ECCS subsystem consisting of the centrifugal charging (CV) pump had not been demonstrated operable at least once per 31 days, by venting the casing and CV high points outside containment when the units were in Modes 1,2, and 3. (01013)

This is a Severity Level lli violation (Supplement 1).

Civil Penalty - $55,000 Pursuant to the provisions of 10 CFR 2.201, Commonwealth Edison Company (Licensee) is hereby required to submit a written statement or explanation to the Director, Office of Enforcement, U.S. Nuclear Regulatory Cemrnission, within 30 days of the date of this Notice of Violation and Proposed imposition of Civil Penalty (Notice). This reply should be clectly marked as a " Reply to a Notice of Violation" and should includa for each alleged violation:

(1) admission or denial of the alleged violation. (2) the reasons for the violation if admitted, and if denled, the reasons why, (3) the corrective steps that have been taken and the results y' 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 why the l

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-license r4hould not be modified, suspended, or revoked or why such other abtion 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 C

= 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 V

- : Licensee may pay the civil penalty by letter addressed to the Director, Office of Enforcement,

. U.S. Muclear Regulatory Commission, with a check, draft, money order, or electronic transfer payable to the Treasurer of the United States in

= or the cumulative amount of the civilmore penalties if,the amount of the civil penalty proposed abo than one civil penalty is proposed, or may

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protest imposition of the civil penalty in whole orin part, by a written answer addressed to the

-Director, Office of Enforcement, U.S. Nuclear Regulatory Commission._ Should the Licensee fail 4 to answer within the time specified, an order imposing the civil penalty will ha 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 i < Violation and may: (1) deny the violation (s) 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 penaltyLahould not be imposed, in addition to protesting the civil penalty in -

O .whole or in part, such answer may request remission or mitigation of the penalty.

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- In requesting mitigation oDhe proposed ponalty, the factors addressed in Section VI.B.2 of the Enforcemerst Policy should be 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 incorpointe parts of the 10 CFR 2.201 reply by specific reference (e.gc,

- citing page and paragraph numbers) to avoid repetition. The attention of the Licensee is ,

t directed to the other provisions of 10 CFR 2.205, regarding the procedure for imposing a civil penalty, v -

'f 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 mitigat6d, may be

. collected by civil _ action pursuant to Section 234c of the Act,'42 U.S.C. 2282c.

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.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, One White Flint North,11555 Rockville Pike, Rockville, MD

1. 208_52-2738, with a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, Region 111.'

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a Notice of Violation -3 Because your response will be placed in the NRC Public Document Room (POR), to the extent possible, it 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 response that deletes sucn 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 2.790(b) 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.

Dated at Lisle, IL this t d day of October 1997 i

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