ML20211C907

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EN-97-080:on 970902,notice of Proposed Imposition of Civil Penalty in Amount of $330,000 Issued to Licensee.Action Based on Three Severity Level III Violations Pertaining to Reactivity Mgt Problems & Command/Control Problems
ML20211C907
Person / Time
Site: Zion  File:ZionSolutions icon.png
Issue date: 08/27/1997
From: Reis T, Satorius M
NRC OFFICE OF ENFORCEMENT (OE)
To:
References
EA-97-222, EA-97-223, EN-97-080, EN-97-80, NUDOCS 9709260348
Download: ML20211C907 (1)


Text

_. . . . . .- . _ . -

August 27,1997

,., EN 97-080 OFFICE OF ENFORCEMENT NOTIFICATION OF SIGNIFICANT ENFORCEMENT ACTION Licensee: Commonwealth Edison Company (EA 97-222,97 223)

Zion, Units 1 and 2 Docket Nos. 50-295, 50 304 Subieet PROPOSED IMPOSITION OF CIVIL PENALTIES - $330,000 This is to inform the Commission that a Notice of Violation and Proposed imposition of Civil Penalties ;n the amount of $330,000 will be issued on or about September 2,1997, to Commonwealth Edison Company. The action was based on three Severity Level 111 violations pertaining to reactivity management problems and command / control problems that occurred during the February 21,1997 plant shutdown; the nitrogen gas

. displacement of reactor coolant from the reactor vessel on March 8,1997; and the failure of the corrective action program to implement effective and lasting actions for previous occurrence of these events. While the actual safety consequence of each event was low, the events were clearly indicative of the licensee's failure to establish effective oversight of control room activities as well as a failure to learn from past mistakes of its own and industry events. The underlying cause of these violations could have resulted in events of greater safety consequence.

Therefore, the events are of regulatory significance,- Furthermore, the licensee's recent performan:e in the areas of operations and corrective actions has been poor. For example a recent escalated enforcement action (EA 96-216) concerned numerous operational errors and an inadvertent reactor mode change.

In accordance with the Enforcement Policy, a base civil penalty in the amount of $55,000 was considered for each Severity Level til violation. Since the licensee demonstrated particularly poor performance in allowing their occurrence, the violations were directly attributable to management's ineffective development and implementation of corrective actions for previous events, and management was responsible for allowing control room conditions to degrade to a point where execution of control room responsibilities was impaired, the NRC has elected to exercise enforcement discretion and escalate the enforcement sanction in accordance with Section Vll.B of the Enforcement Policy. After reviewing the (serits of this enforcement action, the staff proposes to escalate (double) the base civil penalty for the reactivity manalement and command and control problem due to the licensee's extremely poor management oversight of plant activities. In addition, the staff proposes to escalate (double) the base civil penalty for each of the corrective actior violations because the violations represent a history of poor past performance in the corrective action area.

It should be noted that the licensee has not been specifical!y informed of the enforcement action.. The schedule of issuance and notification will be:

Mailing of Notice September 2,1997 Telephone Notification of Licensee September 2,1997 The State of Illinois will be notified.

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

Contacts: T. Reis. OE, (301) 415-3281 M. Satorius, OE, (301) 415-2747 Distribution OWFN OWFN TWFN Regional Offices Chairman Jackson EDO OC RI __, RIV _

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PRELIMINARY INFORMATION - NOT FOR PUBLIC DISCLOSURE UNTIL VERIFICATION THAT LICENSEE HAS RECEIVED ACTION fhb\

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