IR 05000327/1997013

Discusses Withdrawal of Proposed Imposition of Civil Penalty Re Special Insp Repts 50-327/97-13 & 50-328/97-13 on 971208

ML20199K864
Person / Time
Site:	Sequoyah
Issue date:	02/05/1998
From:	Lieberman J NRC OFFICE OF ENFORCEMENT (OE)
To:	Zeringue O TENNESSEE VALLEY AUTHORITY
References
50-327-97-13, 50-328-97-13, EA-97-409, NUDOCS 9802090041
Download: ML20199K864 (4)

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NUCLEAR REGULATORY COMMISSION WisHINGToN, D.C. 3046Ho01

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'**** February 5, 1998 EA 97-409 Tennessee Valley Authority ATTN: Mr. O. J. Zerirsgue Chief Nuclear Officer and Executive Vice President 6A Lookout Place 1101 Market Street Chattanooga,1 onsssee 37402 2801 SUBKCT: WITHDRAWAL OF PROPOSED IMPOSITION OF CIVIL PENALTY NRC SPECIAL INSPECTION REPORT NOS. 50 327/97-13 AND 50 328/97-13

Dear Mr. Zeringue:

This is in reference to your response of January 7,1998, to our Notice of Violation and Proposed imposition of Civil Penalty (Notice) issued on December 8,1997, conceming activities

, conducted at your Sequoyah facility. We have evaluated your response and found that it meets the requirements of 10 CFR 2.201. We will exami,,a the implementation of your corrective actions during future in3pections.

In your response, you agreed that the three violations occurred as cited; however, you did not pay the civil penalty. Specifically, you disagreed with the determination that, under the criteria established in the General Statement of Policy and Procedures for NRC Enforcement Actions" (Enforcement Policy), NUREG 1600, Tennessee Valley Authority (TVA) was not entitled to credit for identifying the problem. You requested that NRC reconsider the determination for the factor of identification and consider not imposing a civil penalty.

The Enforcement Policy, in Part VI.B.2.b, states that when a problem is licensee identified, i.e.,

identified before the problem has resulted in an event, the NRC should;cimally give the licensee credit for actions related to identification, regardless of whether prior opportunities existed to identify the problem. Credit for identification was not provided in the NRC Notice. The NRC was concerned that you had not identified the violation earlier despite the multiple missed opportunities to Wntify the inoperable battery board including operator equipment monitoring rounds, annt,indor status monitoring, and during dispositionin.1 of an unexpected as found condition. In addition, the problem ws,a not identified by on shift operations personnel or as part of the normal self assessment program, and was not considered a "self monitoring * effort as described by the Enforcement Policy and your January 7,1998 letter.

As a result of your written response pursuant to 10 CFR 2.205F .se have reconsidered this proposed enforcement action. In reviewing the specific cim ;nces associated with the

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missed opportunities, on balance, we conclude that tH g ance does not warrant a v deviation from the normal application of the guidance in Pa- '

8.2.b of the Enforcement Policy.

9002090041 980205 ll l ' '

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PDR ADOCK 05000327 ll[

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'- TVA 2 Credit for the factor of Ident/fication !s appropriate to recognize the diligence of the TVA training instructor who discovered the vital battery problem and took prompt action to ensure system operability.'

Given NRC's determination that credit is warranted for Identificatlon and our prior determination that credit was warranted for the factor of Corrective Action, a civil penalty is not appropriate in this case. Accordingly, the Proposed imposition of Civil Penalty pursuant to 10 CFR 2.205 is wl hdrawn. The Notice of Violation pursuant to 10 CFR 2.201 remains in effect Based on your previously provided response to the individual violations, no additional response is required, in accordance with 10 CF84 2.790 of the NRC's Rules of Fractice," a copy of this letter will be placed in the NRC Public Document Room. We appreciate your cooperation in this matter.

Sincerely, h1' -

James Lieberman, Director Office of Enforcement Docket Nos. 50 327, 50-328 License Nos. DPR 77, DPR 7g ec:

Senior Vice President Nuclear Operations Tennessee Valley Authority SA Lookout Place 1101 Market Street Chattanooga, TN 37402 2801 Jack A. Bailey, Vice President Engineering & Technical Services Tennessee Valley Authority 6A Lookout Place

1101 Market Street Chattanooga, TN 47402 2601 cc cont'd: See next page i

The December 8,1997 letter accompanying the. Notice had noted the positive action of the training instructor, though credit was not granted for identification.

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TVA 3 cc cont'd:

Masoud Bajestani Site Vice President Sequoyah Nuclear Plant Tennessee Valley Authority '

P. O. Box 2000 Soddy Daisy,TN 37379 General Counsel Tennessee Valley Authority ET 10H 400 West Summit Hill Drive Knoxville, TN 37902 Raul R. Baron, General Manager NuclearAssurance Tennessee Valley Authority <

4J Blue Ridge 1101 Market Street Chattanooga, TN 37402-2801 Mark J. Burrynski, Manager 4'Jclear Licensing lennessee Valley Authority 4J Blue Ridge 1101 Market Street Chattanooga, TN 37402 2801 Pedro Salas, Manager Licensing and Industy Affairs Sequoyah Nuclear Plant P. O. Box 2000 Soddy Daisy,TN 37379 J. T. Herron, Plant Manager Sequoyah Nuclear Plant Tennessee Valley Authority P. O. Box 2000 Soddy Daisy, TN 37379 Director Divi:,lon of Radiological Health 3rd Floor, L and C Annex 401 Church Street Nashy:lle, TN 37243-1532 County Executive Hamilton County Courthouse Chattanooga,TN 37402

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TVA 3 cc cont'd:

~ Masoud Bajestani -

Site Vice President Sequoyah Nuclear Plant Tennessee Valley Authority-P. O. Box 2000 Soddy Daisy,TN 37379

. General Counsel Tennessee Valley Authority i ET 10H -

400 West Summit Hill Drive -

Knoxville, TN 37902

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Raul R, Baron, General Manager Nuclear Assurance Tennessee Valley Authority ;

4J Blue Ridge- '

1101 Market Street ChaManooga, TN 37402-2801 Mark J, Burrynski, Manager -

Nuclear Licensing ';

' Tennessee Valley Authority

- 4J B'ue Ridge -

1101 Market Street Chattanooga, TN 37402-2801 Pedro Salas, Manager Licensing and Industry Affairs

- Sequoyah Nuclear Plant P. O. Box 2000 -

Soddy-Daisy, TN 37379 -

J. T. Herron, Plant Manager Sequoyah Nuclear Plant Tennessee Valley Authority-P. O. Box 2000 Soddy Daisy, TN 37379 Director Division of Radiological Health

-- 3rd Floor, L= and C Annex 401 Church Street Nashville,TN 372431532

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County Executive L Hamilton County Courthouse

' Chattanooga, TN 37402