ML20207T543

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $25,000.Noncompliance Noted:Measures Not Established to Assure That Regulatory Requirements & Design Bases Correctly Translated Into Specs,Drawings & Procedures

ML20207T543
Person / Time
Site:	Oconee
Issue date:	03/12/1987
From:	Grace J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:
Shared Package
ML20207T539	List: ML20207T538 ML20207T543
References
50-269-86-16, 50-270-86-16, 50-287-86-16, EA-87-014, EA-87-14, NUDOCS 8703240115
Download: ML20207T543 (4)

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NOTICE OF VIOLATION AND PROPOSED IMPOSITIGT 0F CIVIL PENALTY .

Duke Power Company. Docket Nos. 50-269, 50-270, and 50-287 Oconee Units 1, 2, and 3 License Nos. DPR-38, DPR-47,.and DPR-55 '

EA 87-14 During the Nuclear Regulatory Commission (NRC) inspection conducted on May 5 -

June 11, 1986, violations of HRC requirements were 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 Comission 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, and 10 CFR 2.205. The particular violations and associated civil penalty are set forth below:

I. Violation Assessed A Civil Penalty 10 CFR Part 50, Appendix 8, Criterion III, requires that measures be established to assure that applicable regulatory requirements and the design basis, as defined in 5 50.2 and as specified in the license application, for those structures, systems, and components to which this appendix applies, are correctly translated into specifications, drawings, procedures, and instructions.

Contrary to the above, measures had not been established to assure that regulatory require,ents and design bases were correctly translated into specifications, drawings, procedures, and instructions in that the design changes for the installation of the motor driven emergency feedwater (EFW) pumps in 1979 did not document and account for pump runout or adequate net positive suction head (NPSH) which were part of the design bases of the equipment. This lack of pump runout /NPSH protection in-the EFW system design could result in the loss of EFW function during certain design basis transients.

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

(Civil Penalty - $25,000).

II. Violations Not Assessd A Civil Penalty A. Technical Specification 6.4.1 requires that the station be operated and maintained in accordance with approved procedures and that written procedures with appropriate check-off lists and instructions be provided for preventive or corrective maintenance which could affect nuclear safety or radiation exposure to personnel.

Contrary to the above, prior to May 1986, adequate procedures were not available to control maintenance on safety-related motor operated valves. As a result, motor operated valve torque switch and limit switch settings were not adequately controlled to ensure that valves functioned as designed.

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

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-MiA Notice of Violation B. 10 CFR Part 50, Appendix B, Criterion III, requires that measures-be established to assure that applicable regulatory requirements and the design basis for those structures, systems, and components to which this appendix applies are correctly translated into Specifications, drawings, procedures, and instructions.

Contrary to the above, design requirements were not properly translated into specifications, drawings, procedures, and instructions in that the drawings did not specify the appropriate end gap for the Keowee station batteries. As a result, the batteries were installed with end gaps which exceeded the i inch requirement specified on the manufacturer's installation drawing.

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

Pursuant to the provisions of 10 CFR 2.201, Duke Power Company is hereby required to submit to the Director, Office of Inspection and Enforcement, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, with a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, Region II,101 Marietta Street, N.W., Suite 2900, Atlanta, Georgia 30323, within 30 days of the date of this Notice a written statement or explanation including for each violation:

-(1) admission or denial of the 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 adequar.e 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, Duke Power Company may-pay the civil penalty by letter addressed to the Director, Office of Inspection and Enforcement, with a check, draft, or money i order payable to the Treasurer of the United States in the cumulative amount of Twenty-Five Thousand Dollars ($25,000) 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 Duke Power Company 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 Duke Power Company elect to file an answer in accordance with 10 CFR 2.205 protesting the civil penalty, such answer may: (1) deny the violations 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, i

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Notice of Violation In requesting mitigation of the proposed penalty, the five factors addressed in Section V.8 of 10 CFR Part 2, Appendix C, should be addressed. Any written-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. Duke power Company's attention is directed to the other provisions of 10 CFR 2.205 regardina the procedure for imposing a civil penalty.

Upon failure to pay the 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 THE NUCLEAR REGULATORY COMMISSION Original signed by A. Gibson J. Nelson Grace Regional Administrator Dated at Atlanta, Georgia this Q day of March 1987

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