ML20212K352

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $50,000 Based on 860811-0922 Insp.Violation Noted:Reactor Heated Up Above 200 F W/Both Recirculation & Containment Spray Pumps Inoperable

ML20212K352
Person / Time
Site:	Indian Point
Issue date:	01/20/1987
From:	Murley T NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:
Shared Package
ML20212K323	List: ML20212K319 ML20212K352
References
EA-86-197, NUDOCS 8701290056
Download: ML20212K352 (2)

Text

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ppTICE OF VIOLATION and PROPOSED IRPOSITIUR~OF CIVIL PENALTY Power Authority of the State of New York Docket No. 50-286 Indian Point Nuclear Power Plant, Unit 3 License No. DPR-64 EA 86-197 During a routine NRC resident inspection conducted between August 11 and September 22, 1986, a violation of NRC requirements was identified. In accordance with the " General Statement of Policy and Procedure for NRC Enforccment 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 its associated civil penalty are set forth below:  ;

Technical Specification Limiting Conditions for Operation 3.3.A.1.d and 3.3.B.1.b respectively require that the reactor shall not be heated up above the cold shutdown condition (i.e., the reactor coolant system average temperature shall not exceed 200 F) unless one of the two recir-culation pumps and both containment spray pumps together with their associated piping and valves are operable.

Contrary to the above, at approximately 1:30 a.m. on September 2,1986, the reactor was heated up above the cold shutdown condition (i.e., the reactor coolant system temperature exceeded 200 F) and, at the time, both recirculation pumps and containment spray pumps were inoperable, and re-mained inoperable until 7:00 a.m. on that same day, in that the pump con-trol switches in the control room were in the stop pullout position rather than the auto position as required.

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

Civil Penalty - $50,000.

Pursuant to the provisions of 10 CFR 2.201, Power Authority of the State of New York 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, USNRC Region I, 631 Park Avenue, King of Prussia, Pennsylvania 19406, within 30 days of the date of this Notice, a written statement or explanation in reply, including: (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 that 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 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 0FFICIAL RECORD COPY CP PKG INDIAN POINT - 0009.0.0 8701290056 87o120 01/13/87 PDR ADOCK 05000286 G PDR

2 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, Power Authority of the State of New York 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 Fifty Thousand Dollars (550,000) or may protest impo-sition of the civil penalty in whole or in part by a written answer addressed to the Director, Office of Inspection and Enforcement. Should Power Authority of the State of New York 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 Power Authority of the State of New York 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 contained in Section V.B of 10 CFR Part 2, Appendix C, should be addressed. Any written p 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 by specific reference (e.g., citing page and paragraph numbers) to avoid repetition. The attention of Power Authority of the State of New York 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 deter-mined in accordance with the applicable provisions of 10 CFR 2.205, this matter matter may be referred to the Attorney General, and the penalty, unless com-promised, 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 Uti liihal bikned 6y hc:a3 E. Marley Thomas E. Murley Regional Administrator Dated at King of Prussia, Pennsylvania this ao* day of January 1987.

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