ML20214A092
| ML20214A092 | |
| Person / Time | |
|---|---|
| Site: | Fermi  |
| Issue date: | 05/14/1987 |
| From: | Davis A NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | Mccarthy W DETROIT EDISON CO. |
| Shared Package | |
| ML20214A096 | List: |
| References | |
| EA-87-050, EA-87-50, NUDOCS 8705190252 | |
| Download: ML20214A092 (5) | |
Text
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T G I 4-9 May 14,.1987 r
Docket No. 50-341 License No. NPF-43 EA 87-50 4:
The Detroit Edison Company ATTN:.Mr. Walter J. McCarthy Chief Executive Officer
. 6400 North Dixie Highway Newport, MI 48166 I-Gentlemen:
SUBJECT:
NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY l
(NRC INSPECTION REPORTS NO. 50-341/87002(DRP); 50-341/87006(DRP);
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-AND 50-341/87008(DRP))
This refers to the inspections conducted on October 17, 1986, through February 10, 1987, of activities at Fermt 2, authorized by NRC Operating License No. NPF-43. During these inspections, violations of NRC requirements were identified. Several of those violations-were identified by your plant staff and several were identified by the NRC resident inspection staff.
.The details of these findings were provided in Inspection Report No. 50-341/87002(DRP) sent to you by letter dated February 10, 1987, and Inspection Reports No. 50-341/87006(DRP) and 50-341/87008(DRP) sent to you by letters dated February 20, 1987. These findings, your ccrrective actions and your actions to prevent recurrence were discussed during the Enforcement Conference conducted with Mr. B. R. Sylvia and other members of your staff on February 23,- 1987.
-The violations described in the enclosed Notice of Violation and Proposed Imposition of Civil Penalty (Notice) involved significant deficiencies in implementation of your surveillance. testing program: (1) Violations A and B concerned your operations staff not properly controlling equipment availability
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lduring testing-activities; (2)' Violation C concerned inadequate scheduling of a surveillance test; and (3) Violations D through G concerned deficiencies in individual test procedures and personnel errors in performance of test i
activities.
Violations A through E resulted in opero,ioa of the unit without the minimum complement of equipment and controls required by your Technical Specification Limiting Conditions for Operation.
To emphasize the importance of proper control of equipment availability 1during surveillance testing activities and the need to effectively implement your testing program to provide early identification of equipment deficiencies, I have been-authorized, after consultation with the Director, Office of Enforcement, and the Deputy Executive Director for Regional Operations, to issue the enclosed Notice of Violation and Proposed Imposition of Civil Penalty
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8705190252 870514
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PDR ADOCK 05000341 G
PDR l
The Detroit Edison Company 2
May 14, 1987 in the amount of One Hundred Thousand Dollars ($100,000) for the problem described in the enclosed Notice.
In accordance with the " General Statement of Policy and ProceJure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C (1987) (Enforcement Policy), Violations A through G described in the enclosed Notice have been categorized in the aggregate as a Severity Level III problem. We carefully assessed the safety significance of each individual violation and considered the lack of substantial operating history at the time of those violations which resulted in relatively low levels of reactor decay heat and core fission product inventory. However, the number and frequency of the deficiencies in your implementation of the test program which impacted on your limiting conditions for operations and your control of equipment availability during testing activities are of significant regulatory concern. This performance must be improved. Additional management attention is required to ensure that further violations do not occur. We note that your own audit by the Independent Safety Engineering Group identified similar procedural deficiencies in November 1986.
In considering all of these factors, we have categorized the violations described in the enclosed Notice as a Severity Level III problem in order to focus on the weaknesses in the surveillance testing area.
The base value of a civil penalty for a Severity Level III violation or problem is $50,000. The escalation and mitigation factors in the Enforcement Policy were considered. The base civil penalty amount has been increased by 100 percent because: (1) your prior performance in the surveillance testing area since issuance of your operating license in April 1985 has been poor in that Severity Level IV violations have been issued and an Enforcement Conference was held in May 1986 concerning this area and (2) your corrective actions to prevent recurrence of the violations described in the February 1987 Enforcement Conference were incomplete in that you had not initiated an appropriate and comprehensive program to reexamine the technical adequacy of surveillance and preoperational test procedures.
You are required to respond to this letter and should follow the instructions specified in the enclosed Notice when preparing your response.
In your response, you should document the specific actions taken and any additional actions you plan to prevent recurrence. After reviewing your response to this Notice, including your corrective actions and the results of future inspections, the NRC will determine whether further NRC enforcement action is necessary to ensure compliance with NRC regulatory requirements.
In accordance with Section 2.790 of the NRC's " Rules of Practice," Part 2, Title 10, Code of Federal Regulations, a copy of this letter and its enclosures will be placed in the NRC Public Document Room.
The Detroit Edison Company 3
May 14, 1987 The response directed by this letter and the enclosed Notice are not subject to the clearance procedures of the Office of Management and Budget as required by che Paperwork Reduction Act of 1980, Pub. L. No.96-511.
Sincerely,
';;.;c:ud :1::14 kY A,Ett: Ca
- I'2 A. Bert Davis Regional Administrator
Enclosure:
Notice of Violation and Proposed Imposition of Civil Penalty I
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The Detroft Edison Company 4
May 14, 1987 cc w/ enclosures:
F. H. Sondgeroth, Licensing Engineer P. A. Marquardt, Corporate Legal Departnent.
DCS/RSB (RIDS)
Licensing Fee Management Branch Resident Inspector, RIII Ronald Callen, Michigan Public Service Commission Harry H. Voight, Esq.
Nuclear Facilities and Environmental Monitoring Section Monroe County Office of Civil Preparedness 4
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The Detroit Edison Company 5
May 14, 1987 Distribution PDR LPDR SECY ACRS J. Taylor, DED0'_
J. Lieberman, OE H. Wong, OE A. B. Davis, RIII J..'Goldberg, OGC Enforcement Coordinators RI, RII, RIII, RIV, RV F. Ingram, OGP/PA J. Bradburne, OGP/CA T. Murley, NRR E. Jordan, AE00 B. Hayes, 01 S. Connelly, OIA OE File ED0 Rdg File DCS a
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