ML20198R844

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $50,000.Violation Noted:Plant Operated W/Both Trains of ECCS Subsystems for Unit 1 Inoperable

ML20198R844
Person / Time
Site:	Mcguire, McGuire
Issue date:	06/02/1986
From:	Grace J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:
Shared Package
ML20198R831	List: IR 05000369/1986004 ML20198R828 ML20198R844
References
EA-86-052, EA-86-52, NUDOCS 8606100238
Download: ML20198R844 (2)

Text

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NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY Duke Power Company Docket Nos. 50-369 and 50-370 McGuire Nuclear Station License Nos. NPF-9 and NPF-17 EA 86-52 During NRC inspections conducted from January 6 - February 28, 1986, violations of.NRC requirements were identified. In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C (1985), 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, PL 96-295, and 10 CFR 2.205. The particular violation and associated civil penalty are set forth below.

Technical Specification 3.5.2 requires for Modes 1, 2, and 3 that two independent emergency core cooling system (ECCS) subsystems shall be operable with each subsystem comprised of one operable centrifugal charging pump, one operable safety injection (SI) pump, one operable RHR heat exchanger, one operable RHR pump, and 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.

With both ECCS subsystem flowpaths inoperable, Technical Specification 3.0.3 applies, which requires that except as provided in the associated requirements, within one hour, action shall be initiated to place the unit in a mode in which the specification does not apply.

Technical Specification 3.0.4 requires that entry into an operational mode or other specified condition shall not be made unless the conditions for the Limiting Condition for Operation are met without reliance on provisions contained in the ACTION requirements.

Contrary to the above, during the period beginning at 9:00 p.m. on November 2, 1985 until 7:30 p.m. on November 4, 1985, the plant entered Modes 2 and 3 with both trains of the ECCS subsystems for Unit 1 inoperable in that the safety injection pumps would initially take suction from the volume control tank (VCT) instead of the RWST and the capability to automatically transfer suction from the RWST to the containment sump did not exist.

This is a Severity Level III violation (Supplement I).

(Civil Penalty - $50,000)

Pursuant to 10 CFR 2.201, Duke Power Company is hereby required to submit to the Director, Office of Inspection and Enforcement, U.S. Nuclear Regulatory Commission, Washington, D. C. 20555, with a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, Region II, 101 Marietta Street, N.W., Suite 2900, Atlanta, Georgia 30323, within 30 days of the date of this Notice a written statement or explanation including for the violation: (1) admission or denial of the violation, B606100238 860602 PDR 0 ADOCK 05000369 PDR

Notice of Violation 2 (2) the reasons for the violation if admitted, (3) the corrective steps which have been taken and the results achieved, (4) the corrective steps which 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, the Director, Office of Inspection and Enforcement, may issue an Order to show cause 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, the response shall be submitted under oath or affirmation.

Within the same time as provided for the response required above under 10 CFR 2.201, Duke Power Company may pay the civil penalty by letter addressed to the Director, Office of Inspection and Enforcement, with a check, draft, or money order payable to the Treasurer of the United States in the cumulative amount of Fifty Thousand Dollars ($50,000) or may protest imposition of the civil penalty in whole or in part by a written answer addressed to the Director, Office of Inspection and Enforcement. Should Duke Power Company fail to answer within the time specified, the Director, Office of Inspection and Enforcement, will issue an order imposing the civil penalty in the amount proposed above. Should Duke Power Company elect to file an answer in accordance with 10 CFR 2.205 protesting the civil penalty, such answer 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 mitigation of the proposed penalty, the five factors addressed in Section V(B) of 10 CFR Part 2, Appendix C, 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 incorporate text by specific reference (e.g., citing page and paragraph numbers) to avoid repetition. Duke Power Company attention is directed to the other provisions of 10 CFR 2.205 regarding the procedure for imposing a civil penalty.

Upon failure to pay the penalty due, which has been subsequently 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 234c of the l Act, 42 U.S.C. 2282.

! FOR THE NUCLEAR REGULATORY COMMISSION

! Original signed by J. Helson Grace J. Nelson Grace Regional Administrator Dated at Atlanta, Georgia this d day of June 1986

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