ML20198R381

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $55,000.Violation Noted:Sys Had Not Been Demonstrated Operable at Least Once Per 31 Days by Venting Pump Casing & Cv High Points Ouside Containment

ML20198R381
Person / Time
Site:	Byron
Issue date:	10/03/1997
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:
Shared Package
ML20198R368	List: ML20198R362 ML20198R381
References
EA-97-264, NUDOCS 9711130254
Download: ML20198R381 (4)

Text

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NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTIES

Commonwealth Edison Company Docket Numbers 50-454; 50-455 Byron Generating Station, Units 1 & 2 License Numbers NPF-37, NPF-66 EA 97 264 During an NRC inspection conduded on May 27 through June 5,1997, violations of NRC requirements were identified. In accordance with the

• General Statement of Policy and 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 violations and associated civil penalty are set forth below .

l. Vialmelans A---==d a Civil Penaltv -

A. Compliance with Technical Specincations

1. Technical Specification 3.5.2 requires that two independent Emergency i Core Cooling System (ECCS) subsystems be operable with the units in L

Modes 1,2, and 3 with each subsystem comprised of; a) one operable contrifugal charging pump; b) one operable safety injection pump; c) one L operable Residual Heat Removal (RHR) host 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:

- a. Since commercial operation began in 1985 and 1986, respectively for Unit 1 and Unit 2, and continuing until May 1997,- the ECCS

~ subsystem consisting of a Centrifugal Charging (CV) system had not been demonstrated operable at least once per 31 days by venting the pump casing and the CV high points outside containment when the units were in Modes 1, 2, and 3.

b.  ; A Unit 1 high point vent,1RH027, on the discharge piping of the RHR heat exchanger outside of containment was not vented at least once per 31 days when the units were in Modes 1, 2, and 3, to demonstrate operability from 1985 through June 2,1997.

-(01013)  ;

i

Notice of Violation 2-

2. Technical Sp9cification 3.3.2 requires that the Engineered Safety Features Actuation System (ESFAS) instrumentation channels and interlocks shown in Table 3.3-3 shall be operable with their trip setpoints set consistent with the values shown in the trip setpoint column of Table 3.3-4.

Technical Specification Surveillance 4.3.2.1 requires that each ESFAS instrumentation channel and interiock and the automatic actuation logic and relays be demonstrated operable.by the performance of the ESFAS -

l Instrumentation surveillance requirements specified in Table 4.3-2.

l Technical Specification Table 4.3 2, Functional Unit 3.a.(2), Containment i isolation, Phase A loolation" requires that automatic actuation lo9ic and l actuation relays receive a slave relay test on a quartetty basis.

Technical Specification Definition 1.31 states, in peri, that a slave relay test shallinci'me a continuity check, as a minimum, of associated

- testable actuation devices.

Contrary to the above: =

a. As of May 27,1997, the continuity test for the slave relay contacts that actuate the CV letdown orifice isolation valves 1CV8149A/B/C -

and 2CV8149A/B/C, (Containment Phase A isolation Valves) was not performed on c quarteriy basis since April 29,1991,

b. As c,f May 27,1997, the continuity test for the slave relay contacts that actuate the CV letdown isolation valves ICV 8152,1CV8160, 2CV8152, and 2CV8160, (Containment Phase A Isolation Valves) was not performed on a quarterly basis since June 13,1991.

(01023)

These violations represent a Severity Level lli prot,lem (Supplement 1) -

455,000-II. Violatlana Not A==ammad a Civil Penaltu

' A.'. Written Procedures--

_1 '. _10 CFR Part 50, Appendix B, Criterion V, ' Instructions, Procedures, and Drawings, " requires, in part, that activities affecting quality be prescribed by documented procedures of a type appropriate to the '

-- circumstances and shall be accomplished in accordance with these

- procedures. - The procedures shall include appropriate quantitative or '

L qualitative acceptance criteria forDermining that important activities have been satisfactorily accomplished.

4

s 1 Notice of Violation -3~

x Contrary to tha above as of June 2,19g7, procedures 1BOS 5.2.b-1;

" Unit 1 ECCS Venting and Valve AQnment Monthly Surveillance,"

Revision 5 and 2BOS 5.2.t>1, " Unit 'i ECCS Venting and Valve .

-1 Alignment Monthly Sury sillance,"_ Revisiori 4, failed to have appropriate steps specified to vent the safety injection pumps. (02014)

This is a Severi Level IV violation (Suppler,ient i).

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 Commission, within 30 days of the date of this N' '

Violation and Proposed imposinon of Civil Penalty (Notice). This reply should be clear -m .

as a " Reply 'o a Notloa of Violation" and should include for each alleged violation:-

- (1) admission or deniaI of the alleged violation, (2) the reasons for the violation if sdre.

.uu if denied, the reasons why, (3) the corrective steps that have been taken and the resuh 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 a< equate reply is not received within the time

- specified in inis Notice, an order or a Demand for Information may be issued as to why the license should nc* be modified, suspended,'or revoked or why such other esction as may be 1 proper should not be taken. Consideration may be given to extending the response time for good cause shown. Under the authonty of Section 182 of the Act,42 U.S.C. 2232, this - i response shat! be solvnitted under oath or offirmation.

Within the same time as provided for the regpanse required above under 10 CFR 2.201, the ~

j- . Licensee may pay the civil penalty by letter. addressed to the Director, Office of Enforcement, E U.S Nucio Regulatory Commission, with a check, draft, money order, or electronic transfer payable to the Treasurer of the United States 'n the amount of the civil penalty preposed above, i or the cumulative amount of tne civil penalties if more thar: one civil penalty is proposed, or may -

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

Diractor, Office of Enforcement, U.S. Nuclear Regulatory Commission. Should the Licensee J fall to answe: within the time specified, an order imposlag the jvil penalty will be issued.

Should the Licensee elect 'o 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 Notica of Violation" and may: -(1) deny the violations listed in this Notice, in whole or in part, '

(2) demonstrate extenuating circumstances, (3) show erryin 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, t.uch answer may request remission or mitigation of the penalty.

In requesting mitigation of the proposed penalty, the factors addressed in Section VI.B.2 of the Enforcement Policy should be addressed Mny 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 num' oers) to avoid repetition.' The attention of the Licensee is f

directed to the other provisions of 10 CFR 2 205, rogarding the orocedure for imposing a civil penalty.

I m

Not of Violationi +

4 .,

Upoa failure to pay any civil penalty due which subsequently has been determined in L 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 civi: 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.

l.  ; Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, D.C. 20555 with a copy to the Regional Administrstor, U.S. Nu:: lear Regulatory Commission, Region Ill.

Because your response will be placed in the NRC Public Document Room (PDR), to the extent -

possible, it should not include any personal privacy, proprietary, or safeguards information "

l'

- that it can be placed in the PDR without redaction. If personal privacy or proprietary infu . ;on Lis 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 if your response that deletes stch information. If you request withholding of such material, ) eu mlat

specifically identify the portions of your response that you smk to have withheld and p, ovide 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 w;thhok'ing confidential commercial or fimncial . .~ 1 p Information), if safeguarde information is nece,ssary to provide an acceptable iesponse, pleese ,

. provide the level of protection described in 10 CFR 73.21. "

- Dated at Lisle, IL

this 3rd day of OctoberL1997 I I

)

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