ML20214G129

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $25,000.Violation Noted:Unit 1 Entered Mode 3 W/Pressurized Code Safety Valve Inoperable in Violation of Tech Specs

ML20214G129
Person / Time
Site:	Byron
Issue date:	11/18/1986
From:	James Keppler NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:
Shared Package
ML20214G101	List: ML20214G099 ML20214G129
References
EA-86-163, NUDOCS 8611250583
Download: ML20214G129 (3)

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NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY Commonwealth Edison Company Docket No. 50-454 Byron Nuclear Station, Unit 1 License No. NPF-37 EA 86-163 During an NRC inspection conducted during the period July 21 - August 8, 1986, in response to an incident identified and reported to the NRC, violations of NRC 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 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 violations and associated civil penalty are set forth below:

A. Technical Specification 3.4.2.2 requires that all Pressurizer Code Safety Valves be operable in Modes 1, 2, and 3 with a lift setting of 2485 psig i 1 percent, and that with one Pressurizer Code Safety Valve inoperable, either restore the inoperable valve to Operable status within 15 minutes or be in at least Hot Standby within 6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> and in at least Hot Shutdown within the following 6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br />.

Technical Specification 3.0.4 requires that entry into an Operational Mode shall not be made unless the conditions for the Limiting Condition for Operation are met without reliance on the provisions contained in the Action requirements.

Contrary to the above, on July 17, 1986, Unit 1 entered Mode 3 with Pressurizer Code Safety Valve, Serial No. N56964-00-0031 inoperable in that the valve disc was not installed and the lift setting was not 2485 psig i 1 percent. In addition, on July 17-18, 1986 while in Mode 3, actions were not taken to restore Valve No. N56964-00-0031 to an operable status within 15 minutes or be in at least hot shutdown within the following 6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br />.

B. 10 CFR Part 50, Appendix B, Criterion XV, Nonconforming Materials, Parts, or Components, as implemented by the Commonwealth Edison Quality Assurance Manual, Quality Requirement 15.0, requires that measures shall be established to control materials, parts, or components, which do not conform to requirements in order to prevent their inadvertent use or installation.

These measures shall include, as appropriate, procedures for identification, documentation, segregation, disposition, and notification to affected organizations.

Contrary to the above, in October 1985, the licensee's program did not assure the control of nonconforming materials in that after partial maintenance on Pressurizer Code Safety Valve, Serial No. N56964-00-0031, was performed, the valve was not properly identified, documented, or segregated and on July 6, 1986 the valve was inadvertently installed.

8611250583 861118 PDR ADOCK 05000454 G PDR

Notice of Violation 2 ygy g g 3935 C. Technical Specification 4.0.5.a requires that inservice inspection of ASME Code Class 1, 2, and 3 components and ASME Code Class 1, 2, and 3 pumps and valves shall be performed in accordance with Section XI of the ASME Boiler and Pressure Vessel (B&PV) Code and applicable Addenda as required by 10 CFR 50.55a(g), except where specific written relief has been granted by the Commission.

The applicable ASME B&PV Code is the 1980 Edition, Winter 1981 Addenda, which in Section XI, Subsection IWV-3200 requires that when a valve or its control system has been replaced or repaired or has undergone maintenance

'5at could affect its performance, and prior to the time it is returned to service, it shall be tested to demonstrate that the performance parameters which could be affected by the replacement, repair or maintenance are within acceptable limits.

Contrary to the above, on July 6, 1986 Pressurizer Code Safety Valve Serial No. N5G964-00-0031, an ASME B&PV Code Class 1 valve, was installed and placed into service after it had undergone maintenance that could affect its performance without any testing being performed to demonstrate that it would perform acceptably.

D. 10 CFR Part 50, Appendix B, Criterion V, Instructions, Procedures, and Drawings, as implemented by the Commonwealth Edison Quality Assurance Manual, Quality Requirement 5.0, requires that activities affecting quality shall be prescribed by documented instructions, procedures, or drawings of a type appropriate to the circumstances and shall be accomplished in accordance with these instructions, procedures, or drawings. Instructions, procedures, or drawings shall include appropriate quantitative or qualitative acceptance criteria for determining that important activities have been satisfactorily accomplished.

Contrary to the above, the licensee's program failed to assure that l appropriate quantitative acceptance criteria were specified in instructions

! or procedures. Nuclear Work Request B31703, used on July 19, 1986 to test the lift setting of Pressurizer Code Safety Valves 1RY8010A and 1RY8010C, referenced Maintenance Procedure BMP 3100-9, Revision 1, which specified a tolerance of i 3 percent instead of i 1 percent as required by technical specifications. As a result Pressurizer Code Safety Valve IRY8010C was set with a tolerance greater than i 1 percent.

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! Collectively, these violations have been categorized as a Severity Level III problem (Supplement I).

Cumulative Civil Penalty - $25,000 assessed equally among the violations.

Pursuant to the provisions of 10 CFR 2.201, Commonwealth Edison Company is hereby required to submit to the Director, Office of Inspection and Enforcement, l

U.S. Nuclear Regulatory Commission, Washington, D. C. 20555 with a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, Region III, 799 Roosevelt Road, Glen Ellyn, IL 60137, within 30 days of the date of this Notice a written explanation or statement, including for each alleged

Notice of Violation 3 NOV i 81986 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 the 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 of affirmation.

Within the same time as provided for the response required above under 10 CFR 2.201, Commonwealth Edison Company 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 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 Commonwealth Edison 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 Commonwealth Edison 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 cumulative 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 addressed in Section V.B 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 by specific reference (e.g., citing page and paragraph number) to avoid repetition. Commonwealth Edison Company'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 THE NUCLEAR REGULATORY COMMISSION

-8ha C d. D C in e James G. Keppler Regional Administrator Dated at Glen Ellyn, Illinois this /f H ay of November 1986

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