ML20206U442

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $40,000.Violation Noted:Mod Made to Main Hoist Brakes of Polar Crane W/O Engineering Change Memo or Work Permit for Added Hand Release Mechanism

ML20206U442
Person / Time
Site:	Three Mile Island
Issue date:	09/29/1986
From:	Taylor J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
To:
Shared Package
ML20206U430	List: ML20206U427 ML20206U442
References
EA-86-146, NUDOCS 8610070501
Download: ML20206U442 (4)

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o NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY GPU Nuclear Corporation Docket No. 50-320 Three Mile Island Unit 2 License No. DPR-73 EA 86-146 From March 25 - August 10, 1983 the NRC's Office of Investigations (01) conducted an investigation into allegations dealing with procedural and management controls related to refurbishment of the polar crane raised by former Three Mile Island, Unit 2 (TMI-2) Site Operations Department Personnel.

An interim report was issued by OI on September 1,1983. The 01 findings confirmed many of the allegations of procedural control violations and lack of adequate management attention toward contractor activities. A Notice of Violation was issued to GPU Nuclear for these violations on February 3,1984.

In letters dated October 5 and 8, 1984, GPU Nuclear notified the NRC that another modification had been made to the Reactor Building Polar Crane without proper engineering review and documentation.

From November 1, 1984 to September 5,1985, another investigation was conducted regarding the installation of a hand release mechanism for the main hoist brakes. This investigation resulted in an 01 Report dated September 23, 1985 which confirmed that certain GPU huclear procedures were violated and that those violations were in fact willful.

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 USC 2282, PL 96-295, and 10 CFR 2.205, for the particular violation set forth below:

Technical Specification, Section 6.8.1.g in effect for activities at TMI-2 curing tne period up to October J.,1983 requir cc written prccecures to be established, implemented and maintained covering RECOVERY MODE dCtivities, including those activities Which coulo increase the likelihood of failures in systems important to nuclear safety.

Administrative Procedure AP 1021, " Engineering Change Memorandum (ECM),"

states in paragraph 4.0 that "The ECM is the traveler by which proposed plant tie-in, betterment and modification packages are assembled, reviewed, and coordinated with GPU's site organizations for their effects on the existing plant systems, components, and structures."

Administrative Procedure AP 1043, " Work Authorization Procedure" establishes a means by which proposed changes to TMI-2 are initiated, reviewed, and approved in accordance with plant Technical Specifications.

It requires a Work Permit to be issued as the document to authorize initiation of-work proposed by an ECM and to track work through completion, turnover, test and final records retention.

Contrary to the above, the licensee did not fully implement the requirements of this Technical Specification for clean up activities at TMI-2 and in particular for those activities associated with refurbishment of the Reactor Building Polar Crane as evidenced by the fact that sometime prior 8610070501 e60929 PDR ADOCK 05000320 G

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e Notice of Violation to November,1983 a modification was made to the main hoist brakes of the polar crane without using the required GPU Nuclear-approved ECM or Work Permit to add a hand release mechanism not present on the original brakes.

This hand release mechanism also added an additional function to the main hoist brakes.

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

(Civil Penalty - $40,000)

Pursuant to the provisions of 10 CFR 2.201, GPU Nuclear Corporation is hereby required to submit to the Director, Office of Inspection and Enforcement, U.S. Nuclear Regulatory Coninission, Washington, D.C. 20555 with a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, Region I, within 30 days of the date of this Notice a written statement or explanation, including for each alleged violation:

(1) admission or denial of the alleged violation, (2) the reasons for the violation if admitted, (3) the corrective steps that 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 achievea. This response may incorporate by reference previous submittals of GPU Nuclear as appropriate.

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, this response shall be submitted under oath or affirmation.

Within the same time as provided for the response required above under 10 CFR 2.201, GPU Nuclear Corporation may pay the civil penalty by letter addressed to the Director, Office of Inspection and Enforcement, with a check, draft, or money order payable tc tne Treasurer of the United States in the cunulative mount of Forty Thousar.c Dollars (i40,000) or may protest imposition of the e.ivil penalty in whole or in part by a written answer addressed to the Director, Office of Inspection and Enforcement. Should GPU Nuclear Corporation fail to answer within the tine specified, the Director, Office of Inspection and Enforcement, will issue an oraer imposing the civil penalty in the amount proposed above. Should GPU Nuclear Corporation 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 (1985) should be addressed. Any written answer in accordance with 10 CFR 2.205 should be set forth separately from the statement or explanatior, in reply pursuant to 10 CFR 2.201 but may incorporate parts of the 10 CFR 2.201 reply by specific reference (e.g., citing page and paragraph numbers) to avoid repetition. GPU Nuclear Corporation's attention is directed to the other provisions of 10 CFR 2.205, regarding the procedure for imposing a civil penalty.

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e Notice of Violation Upon failure to pay any civil penalty due which has been subsecuently cetermined 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 Act, 42 U.S.C. 2282.

FOR THE NUCLEAR REGULATORY COMMISSION

.nw es M. Tay1 Director 0ffice of Inspection and Enforcement

,j Dated at ethesda, Maryland thisJ9 ay of September 1986 i

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