ML20198R439
| ML20198R439 | |
| Person / Time | |
|---|---|
| Site: | Nine Mile Point  |
| Issue date: | 11/05/1997 |
| From: | NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | |
| Shared Package | |
| ML20198R425 | List: |
| References | |
| 50-220-96-12, EA-97-007, EA-97-7, NUDOCS 9711130276 | |
| Download: ML20198R439 (5) | |
Text
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o ENCLOGURE NOTICE OF VIOLATION -
AND PROPOSED IMPOSITION OF civil PENALTY
' Niagara Mohaw'.c Power Corporation (NMFC)
Docket No. 50-220 Nine Mile Point, Unit 1 -
License No. DPR 63 EA 97-007 During an NRC inspecticn conducted between October 7 and October 11,1996, violations of
- NRC requirernents were identified. In accordance with the " General Statement of Policy and Procer'ure for NRC Enforcement Actions," NUREG-1600, the NRC proposes to impose a civil penelty 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:
A.'
10 CFR 50.65(b)(2) requires that :he scope of the monitoring program specified in l.
~
paragraph (a)(1) include non-safety related structures, systems, and components; (SSCs): (i) that are relied upon to mitigate accidents or transients or are used in plant emergency operating procedures (EOPs): (ii) whose f ailure could prevent safety related
-SSCs from fulfilling their safety related function; or (iii) whose { allure could cause a.
reactor scram.
10 CFR 50.65(a)(1) states that licensees shall monitor the performance or condition of SSCs against licensee established goals, in a manner sufficient to provide reasonable assurance that such SSCs, as defined in paragraph (b), are capable of fulfilling their -
1 intended functions, i
Contrary to the above,' on October 11,1996, the following non-safety related SSCs were not included in the 10 CFR 50.65 monitoring program:
1.
. Control rod position indication system which is used in the EOPs.
2.
Communicetions system (plant announcement system) which is used to -
mitigate accidents or transients and used in EOP implementation, 3.
Emergency lighting which is relied upon to mitigate accidents or transients and used in EOP implementation.
4.
Instrument air system isolation function which is used to prevent failures in the non-safety related portions of the system from affecting the safety related wrtions of the system.
5.
Reactor building sumps and drains which are used in EOP implementation.
9711130276 97;105 PDA ADOCK 05000220 9
FDR v
i
Enclosure 2
6.
Annunciator system which is used to mitigate accidents or transients and used in EOP implementation.
7.
Circulating water rystem which, if f ailed, could cause a reactor scram. (01013)
B.
10 CFR 50.65(a)(1) requires, in part, that the holders of an operating license shall monitor the performance or condition of SSCs, as defined by 10 CFR 50.65(b), against licensee-established goals, in a manner sufficient to provide reasonable assurance that -
such structures, systemt., and components are capable of fulfilling their intended functions. When the periormance or condition of a structure, system, or component does not meet established goals, appropriate corrective action shall be taken.
10 CFR 50.65(a)(2) requires, in part, that monitoring as specified in 10 CFR 50.65 Section (a)(1)is not required where it has been demonstrated that the performance or condition of a structure, system, or component is being effectively contalled through the performance of appropriate preventive maintenance, such that the structure, system, or component umains capable of performing itc intended function.
Contrary to 10 CFR 50.65(a)(2), as of July 10,1996, (the time that the licensee elected to not monitor the performance or condition of the following SSCs against licensee-established goals pursuant to the requirements of 10 CFR 50.65 (a)(1)), the licensee failed to demonstrate that the performance or condition of the following risk significant systems, within the scope of 10 CFR 50.65, had been effectively controlled through the performance of appropriate preventive maintenance in sccordance with the requirements of 10 CFR 50.65(a)(2). Specifically, the licensee failed to adequately evaluate the appropriateness of the performance of preventive maintenance on these SSCs prior to placing these SSO: under Section (a)(2). The licensee failed to establish unavailability measures for tiie systems and system's function identified below.
Without these unavailability rmasures, the licensee was unable to demonstrate that the performance of the followir'g SSCs was effectively controlled through the performance of appropriate preventive maintenance, such that these SSC's remain capable of performing their intended function.
1.
- Electric system -function: provide power in order to shut down the f acility and maintain it shutdown.
120 Volt AC system 600 Volt AC system 4160 Volt AC system e
125 Volt DC system
s.
Enclosure 3.
2.-
Automatic depressurization system-function: depressurize the reactor coolant (system in order to permit injection with low pressure pumps of the Emergency Core Cooling System (ECCS).
3.
Ar:ticipeted transient without scram (ATWS) system - function: provide alternate negative reactivity injection to sefely shutdown the reactor.
4.
- Main steam system - functions: provide overpressure protection for the rasctor
~
t.nd remove _ decay heat and provide isolation of reactor from the balance of -
plant systems.
5.
Primary containment structure vacuum relief system - function:
protect structural integrity of the containment.
l 6.
Reactor protection system - functions: shutdown the reactor and initiate t
(1) reactor coolant and primary containment isolations; and (2) ECCS and emergency safeguards features (ESF) SSCs.
7.-
Reactor vessel instrumentation system - function: provide reactor level and pressure 'ndication and actuation for ESF.
1 8.
Control rod drive system (scram function) - function; provide capability to insert 4
negative reactivity to safely shutdown the reactor.
4 9.
- Containment spray - system - (torus cooling function) - function: reduce temperature in the torus to. maintain containment presbure suppression-capability. (01023).
This is Severity Level ill problem (Supplement 1).
Civil Penalty - $50,000.
- Pursuant to the provisions of 10 CFR 2.201, Niagara Mohawk Power Corporation (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 shouid be clearly -
marked 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 Not;;:e, an Order or a Demand for information may be issued as to why g
- the license should not be modified, suspended, or revoked or why such other action as may be proper shouid 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.
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Enolosure -
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. 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 Commission, witn a check, draft, money order, or electronic transfer l
' 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 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 L
Commission. Should the Licensee fail to answer within the time specified, an order imposing i
[
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 -
L marked as an " Answer to a Notice of Violation" and may: (1) deny the violations listed in tnis i
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 tc i
.orotesting the civil penalty, in whole or in part, such answer may-request-remission or mitigation of the penalty.
4 1-
- In requesting mitigation of the proposed pensity, the factors addressed in Section VI.B.2 of the Enforcement 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 i~
- 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 i
_ is directed to the other provisions of 10 CFR 2.205, regarding the procedure for imposing civil l
penalties.
i Upon failcre to pay.any civil penalty due which subsequently have been 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 234(c) of the Act,42 U.S.C. 2282c.
The response noted above (Reply to Notice of Victation, letter with payment of civil penalty, and Answer to a Notice of Violation) should be addressed to: Director, Office of inforcement,-
U.S.: Nuclear Regulatory. Commission, ATTN: Document Control Desk, Washington, D.C.
20655 with a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, Region I and a copy to the NRC Resident inspector at the facility that is the subject of this Notice.-
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 so
. that it can be placed in the PDR without redaction. However, if you find it necessary to -
include such information, you should clearly indicate the specific information that you desire not to be placed in the PDR, and provide the legal basis to support your request for withholding the informatior; from the public.
Dated at King of Prussia, Pennsylvania
- this 5th day of November,1997 i
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