ML20198R828

Forwards Insp Repts 50-369/86-04 & 50-370/86-04 on 860106- 0339 & Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $50,000

ML20198R828
Person / Time
Site:	McGuire, Mcguire
Issue date:	06/02/1986
From:	Grace J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:	Tucker H DUKE POWER CO.
Shared Package
ML20198R831	List: IR 05000369/1986004 ML20198R828 ML20198R844
References
EA-86-052, EA-86-52, NUDOCS 8606100229
Download: ML20198R828 (5)

See also: IR 05000369/1986004

Text

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JUN 0 2 886

Docket No. 50-369

License No. NPF-9 -

EA 86-52

Duke Power Company

ATTN: # Mr. H. B. Tucker, Vice President

Nuclear Production Department

422 50utt. Church Street

Charlotte, NC 28242

Gentlemen:

SUBJECT: NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY

(INSPECTION REPORT 50-369/86-04; 50-370/86-04)

This refers to an NRC inspection conducted from January 6 - February 28, 1986,

of activities ~ authorized by License Nos. NPF-9 and NPF-17 for the McGuire Nuclear

Station, Units 1 and 2. The inspection included the performance of an operational

safety verification and a special review of certain operating events. As a

result of this inspection, failures to comply with NRC regulatory requirements

were identified. The findings were discussed with those members of your staff

identified in the referenced inspection report and at an Enforcement Conference

held at the NRC Region II Office on February 28, 1986.

The enclosed Notice of Violation and Proposed Imposition of Civil Penalty

involves a failure to meet the Unit 1 Technical Specification (TS) requirements

in that a Limiting Condition for Operation (LCO) was exceeded and appropriate

measures were not taken. In addition, while the LC0 Action Statement was in

effect, the plant entered Operational Modes 2 and 3 in violation of the TS

requirements. Specifically, following a reactor trip and safety injection (SI)

on November 2,1985, motor operators for the Unit 1 Volume Control Tank's (VCT)

isolation valves INV-141 and INV-142 failed in the closed position. Subsequent

to the failure, plant staff manually opened the valves. Duke Power management

erroneously decided that because these valves were not specifically addressed

in the TS and were not a part of any required flow path, the unit could be

restarted with the valves in the open position without violating the TS.

Accordingly, the licensee restarted Unit 1 on November 2, 1985 and entered

Modes 2 and 3 before the valves were repaired on November 4, 1985. After NRC

inspectors brought the matter to its attention, Duke Power Company confirmed

on January 15, 1986 that the unit had been operated in violation of TS 3.5.2

which requires "an operable flow path capable of taking suction from the

Refueling Water Storage Tank (RWST) on a safety injection signal and automatically

transferring suction to the containment sump during the recirculation phase of

operation."

CERTIFIED PAIL

RETURN RECEIPT REQUESTED

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Duke Power Company 2 JUN 0 21986

The NRC considers this violation significant because both trains of a safety-

related system were in a degraded condition while in Mode 2. These valves were

required to isolate the VCT at the initiation of a SI signal so that the SI pumps

would initially take suction from the RWST. With these valves open and inoperable,

water from the VCT with lower boration levels would be pumped into the reactor

coolant system. In addition, the VCT only has enough water to last approximatly

18 minutes into the safety injection. After the water supply is exhausted, the

hydrogen used for overpressure could be drawn into the suction of the SI pumps

that potentially may result in gas binding. The staff recognizes that certain

manual actions could be taken to isolate the VCT. However, specific procedures

were not in place for these actions and neither the Final Safety Analysis Report

for McGuire, Unit I nor the TS basis assumes such actions.

To emphasize the importance of identifying and correcting plant conditions that

are in violation of TS requirements and to ensure that plant actions do not

adversely affect the ability of safety systems to perform their required functions,

I have been authorized, after consultation with the Director, Office of Inspection

and Enforcement, to issue the enclosed Notice of Violation and Proposed Imposition

of Civil Penalty in the amount of Fif ty Thousand Dollars (550,000) for the

violation described in the enclosed Notice. In accordance with the " General

Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2,

Appendix C (1985) (Enforcement Policy), the violation described in the enclosed

Notice has been categorized as a Severity Level III violation. The escalation

and mitigation factors in the Enforcement Policy were considered, and no

adjustment of the base civil penalty amount has been deemed appropriate.

You are required to respond to this letter and should follow the instructions

specified in the enclosed Notice when preparing your response. In your response,

you should document the specific actions taken and any additional actions you

plan to prevent recurrence. After reviewing your response to this Notice,

including your proposed corrective actions, the NRC will determine whether

further NRC enforcement action is necessary to ensure compliance with NRC

regulatory requirements.

In accordance with Section 2.790 of the NRC's " Rules of Practice," Part 2,

Title 10, Code of Federal Regulations, a copy of this letter and the enclosures

will be placed in the NRC's Public Document Room.

The responses directed by this letter and the enclosed Notice are not subject to

the clearance procedures of the Office of Management and Budget as required by

the Paperwork Reduction Act of 1980, PL 96-511.

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Duke Power Company 3 JU N 0 21985

Should you have any questions concerning this letter, we will be glad to discuss

1 them with you.

Sincerely,

Original signed by

J. Nelson Grace

I J. Nelson Grace

i Regional Administrator

Enclosures:

1. Notice of Violation and

Proposed Imposition of

Civil Penalty

2. Inspection Report Nos. 50-369/86-04

! and 50-370/86-04

cc w/encls:

VT. L. McConnell, Station Manager

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