ML20204G808

Refers to 990303 Reply to NRC NOV & Proposed Imposition of Civil Penalty .Since Licensee Paid Civil Penalty & C/A Found Responsive to NRC Concerns,Matter Considered Closed

ML20204G808
Person / Time
Site:	River Bend
Issue date:	03/24/1999
From:	Lieberman J NRC OFFICE OF ENFORCEMENT (OE)
To:	Edington R ENTERGY OPERATIONS, INC.
References
50-458-98-13, EA-98-478, NUDOCS 9903260282
Download: ML20204G808 (4)

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NUCLEAR REGULATORY COMMISSION 2

WASHINGTON, D.C. was my March 24, 1999

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l EA 98-478 Randall K. Edington, Vice President - Operations River Bend Station Entergy Operations, Inc.

P.O. Box 220 l

St. Francisville, Louisiana 70775

SUBJECT:

EOl's REPLY TO NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF civil PENALTY l

(NRC Inspection Report No. 50-458/98-13)

Dear Mr. Edington:

This refers to your March 3,1999, reply to the NRC's Notice of Violation and Proposed imposition of Civil Penalty dated February 1,1999. The violations were associated with a l

design deficiency in the Division I and 11 emergency diesel generators (EDGs) at the River Bend Station. The two violations were: (1) a violation of 10 CFR Part 50, Appendix B, Criterion lli involving inadequate design control measures, and (2) a violation of 10 CFR Part 50, Appendix B, Criterion XVI involving a failure to identify and promptly correct a significant condition adverse to quality until 1998. In following the civil penalty assessment process (Section VI.B.2 of NRC's Enforcement Policy), the NRC proposed a civil penalty for the second violation based on withholding identification credit for this violation.

EOl admitted both violations and paid the civil penalty, but requested reconsideration of the civil penalty because EOl believed it was deserving of identification credit for the second vlotation.

EOI stated that as part of its investigation of the condition, it identified documentation indicating a potential prior opportunity to discover the condition in 1990. EOl stated that the NRC's decision to withhold identification credit in this case appeared to be inconsistent with the spirit of the NRC's enforcement policy.

The NRC has evaluated EOl's request and has concluded that EOl is no! 1eserving of identification credit. Although EOl may have identified the 1990 engineering document, the l

basis for withholding identification credit rested with the fact that station personnel were aware of the underlying issue, which formed the basis for the significant condition adverse to quality for 8 years, but failed to recognize the implications of the condition. The circumstances in this case are similar to that described in Section 5.5.2.3.b.9 of the NRC's Enforcement Manual, NUREG/BR-0195. Specifically, a situation in which missed opportunities should be considered is one in which, as a result of NRC questions, the licensee identifies violations that it should have found earlier... where conditions adverse to quality were not corrected in a timely I

manner. Our conclusion is that EOl staff should have identified this condition before NRC l

questioning led EOl to identify the condition. As a result, the NRC's position is that credit is not b-warranted for the factor of identification and a civil penalty is warranted for this failure to identify l

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and correct the significant condition adverse to quality, and that this is consistent with NRC enforcement guidance.

. to EOl's March 3,1999 letter contained " Communication Clarifications" and " Safety and Risk Considerations" in which EOl intended to clarify information the NRC placed on the docket. We acknowledge these as EOl's position.

Since you have paid the civil penalty and we have found that your corrective actions were responsive to our concerns, we consider this matter closed. We will further review your corrective actions during a future inspection. In accordance with 10 CFR 2.790 of the NRC's

" Rules of Practice," a copy of this letter and your response will be placed in the NRC Public Document Room.

Sincerely,

&lL ames Lieberman Director, Office of Enforcement Docket No. 50-458 License No. NPF-47 cc:

Executive Vice President and Chief Operating Officer Entergy Operations, Inc.

P.O. Box 31995 Jackson, Mississippi 39286-1995 Vice President Operations Support Entergy Operations, Inc.

P.O. Box 31995 Jackson, Mississippi 39286-1995 General Manager Plant Operations l

River Bend Station Entergy Operations, Inc.

P.O. Box 220 St. Francisville, Louisiana 70775

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Director-Nuclear Safety River Bend Station Entergy Operations, Inc.

P.O. Box 220 St. Francisville, Louisiana 70775 Wise, Carter, Child & Caraway P.O. Box 651 Jackson, Mississippi 39205 Mark J. Wetterhahn, Esq.

Winston & Strawn 1401 L Street, N.W.

Washington, D.C. 20005-3502 Manager - Licensing i

River Bend Station Entergy Operations, Inc.

P.O. Box 220 St. Francisville, Louisiana 70775 The Honorable Richard P. leyoub Attorney General Department of Justice State of Louisiana P.O. Box 94005 Baton Rouge, Loulslana 70804-9005 H. Anne Plettinger 3456 Villa Rose Drive Baton Rouge, Louisiana 70806 President of West Feliciana Police Jury P.O. Box 1921 St. Francisville, Louisiana 70775 Ronald Wascom, Administrator Loulslana Radiation Protection Division P.O. Box 82135 Baton Rouge, Louisiana 70884-2135 t

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