ML20203A813

EN-97-106:on 971118,notice of Exercise of Enforcement Discretion & NOV & Proposed Imposition of Civil Penalty in Amount of $100,000 Issued to Licensee.Action Based on Two Severity Level III Violations

ML20203A813
Person / Time
Site:	Perry
Issue date:	11/13/1997
From:	Beverly Clayton, Satorius M NRC OFFICE OF ENFORCEMENT (OE), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:
References
EA-96-482, EA-96-542, EA-97-047, EA-97-430, EA-97-47, EN-97-106, NUDOCS 9712120214
Download: ML20203A813 (2)

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Nov;mber 13,1997 EN 97-106 OFFICE OF ENFORCEMENT

, LLQTIFICATION OF SIGNIFICANT ENFORCEMENT ACTION Mqenat:; Centerior Service Company (EAs96-482, 96 542,97-047, 97-430)

Perry Nuclear Power Plant Docket No. 50 440 Eubject: EXERCISE OF ENFORCEMENT DISCRETION AND PROPOSED IMPOSITION OF civil PENALTIES - $100,000 This is to inform the Commission that an Exercise of Enforcement Discretion and Notice of Violation and Proposed imposition of Civil Penalties in the amount of $100,000 will be issued on or about November 18, 1997, to Centerior Service Company, Perry Nuclear Power Plant. The Civil Penalties action is based on two Severity Level 111 violations. The first violation involves an inadvertent reactivity addition that was not prsvented by conective actions for a similar prior event associated with flow control valves for the reactor r& circulating water system. The second violation involves a violation of 10 CFR 50 59 for changes to procedures involving the Emergency Closed Cooling System (component cooling) that resulted in an Unreviewed Safety Question.

In accordance with the Enforcement Policy, a base civil penalty in the amount of $50,000 is considered for a Severity Level lli violation occurring prior to November 12,1996. Because an escalated enforcement action was issued to the Perry Plant within the Itt two years, the NRC considered whether credit was warranted for identification and Corn 9ct/ve Action. For the two violations, credit for Identification was not warranted because the issues were identified by the NRC. Credit for Corrective Action was warranted for the first violation because the licensee held remedial training for the operators involved in the event, provided training to other operators about the event, and modified the system to improve its reliability.

Credit for Corrective Action was alsu warranted for the second violation because the licensee's corrective actions were comprehensive including: current and future refresher training to provide emphasis on the importance of safety reviews and reviewing past safety evaluations to determine if other USQs have not been recognized. This resulted in base civil penalties of $100,000.

A tW Severity Level ill violation was cited for a miswired circuit breaker causing control room emergency venation components to be inoperable on several occasions. A civil penalty was not proposed for this violation becausa credit was warranted for Identification and Conectivo Actions. Lastly, due to the licensee's performance in identifying and correcting an old design issue, Enforcement Discretion was exercised to issue neither a Notice of Violation nor a civil penalty, in accordance with Vll.B.3 of the Enforcemert Policy, for failure to protect necessary cables and equipment from a postulated fire in the control room.

It should be noted that the licensee has not been specifically informed of the enforcement action. The schedule of issuance anti notification is:

Mailing of Notice November 18,1997 Telephone Notification of Licensee November 18,1997 The State of Ohio will be notified.

The licensee has thirty days from the date of the Notice in which to respond. Following NRC evaluation of tha response, the civil penalty may be remitted, mitigated, or imposed by Order.

9712120214 971113 PDR 18E EN-97-106 PDR n PRELIMINARY INFORMATION - NOT FOR PUBLIC DISCLOSURE UNTIL VERIFICATION THAT IIGNWG mc 9ECEIVED ACTION

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- PRELIMINARY lNFORMATION - NOT FOR PUBLIC DISCLOSURE UNTil' VERIFICATION THAT LICENSEE HAS RECEIVED ACTION

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