ML20207B293

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $75,000.Violation Noted:Reactor Operated Above 35% Restriction,Reaching Max Power Level of 42% on 860506

ML20207B293
Person / Time
Site:	Fort Saint Vrain
Issue date:	07/07/1986
From:	Martin R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To:
Shared Package
ML20207B289	List: ML20207B286 ML20207B293
References
EA-86-098, EA-86-98, NUDOCS 8607170481
Download: ML20207B293 (2)

Text

P' NOTICE OF VIOLATION AND 1 PROPOSED IMPOSITION OF CIVIL PENALTY Public Service Company of Colorado Docket No. 50-267 Fort St. Vrain License No. DPR-34

! EA 86-98 i

! During an NRC inspection conducted from May 6-9, 1986, a violation of NRC

! requirements was identified. In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C (1986), 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:

In the Commission's November 20, 1985 Memorandum and Order the maximum reactor

power at Fort St. Vrain was limited to 35%. The Memorandum and Order also stated that the actual authorization of a 35% limit shall be made by the

Director, Office of Nuclear Reactor Regulation. The Director, Office of j Nuclear Reactor Regulation, issued the above authorization by letter, dated February 7,1986.

Contrary to the above, on May 6, 1986, between approximately 8

30 a.m. and I 9:15 a.m. the Fort St. Vrain reactor was operated above the 35% restriction j reaching a maximum power level of 42%.

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

J (Civil Penalty - $75,000).

j Pursuant to the provisions of 10 CFR 2.201, Public Service Company of Colorado is hereby required to submit to the Director, Office of Inspection and Enforcement, U.S. Nuclear Regulatory Comission, Washington, D.C. 20555, with a copy to the i Regional Administrator, U.S. Nuclear Regulatory Commission, Region IV, 611 Ryan j Plaza Drive, Suite 1000, Arlington, Texas 76011, within 30 days of the date of this Notice a written statement or explanation, including for the alleged i 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 achieved. If an adequate reply is not received within the time specified in this Notice, the Directcr, 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 i Section 182 of the Act, 42 U.S.C. 2232, this response shall be submitted under I

cath or affirmation.

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Notice of Violation Within the same time as provided for the response required above under 10 CFR 2.201, Public Service Company of Colorado 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 Seventy-five Thousand Dollars ($75,000) 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 Public Service Company of Colorado 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 Public Service Company of Colorado 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 requcst remission or mitigation of the penalty.

In requesting mitigation of the proposed penalty, the five factors addressed in l Section V.B of 10 CFR Part 2, Appendix C should be addressed. Any written l 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 ,

parts of the 10 CFR 2.201 reply by specific reference (e.g., citing page and paragraph numbers) to avoid repetition. Public Service Company of Colorado's attention is directed to the other provisions of 10 CFR 2.205, regarding the procedure for imposing a civil penalty.

Upon failure to pay any civil 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 Act, 42 U.S.C. 2282.

FOR TH JUCLEAR REGULATORY COMMISSION j$ I (MS Robert D. Martin Regional Administrator Dated at Arlington, Texas, .

this TAday of July,1986.

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