ML20216H190
| ML20216H190 | |
| Person / Time | |
|---|---|
| Site: | Arkansas Nuclear  |
| Issue date: | 06/25/1987 |
| From: | Martin R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | |
| Shared Package | |
| ML20216H165 | List: |
| References | |
| EA-87-062, EA-87-62, NUDOCS 8707010346 | |
| Download: ML20216H190 (2) | |
Text
r NOTICE OF VIOLATION AND PROPOSED. IMPOSITION OF CIVIL PENALTY Arkansas Power.& Light Company Docket No. 50-313
- Arkansas Nuclear One License No. DPR-51 EA No. 87-62 During~ an NRC inspectior. conducted during the period February 1-28, 1987, a violation _of NRC requirements was identified.
In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actiors," 10 CFR Part 2, Appendix C (1987), the Nuclear-Regulatory Commission proposes to impose a civil enalty pursuant to Section 234 of the Atomic Energy Act of 3954, as amended p(Act),42U.S.C.2282,and10CFR2.205. The particular violaihn and associ-ated civil _ penalty are set forth below:
Technical Specification 3.1.1.3 requires'that both pressurizer code safety valves be operable when the reactor is critical. With one pressurizer code safety inoperable, either restore the valve to operable status'within 15 minutes or be in Hot Shutdown within 12 hours1.388889e-4 days <br />0.00333 hours <br />1.984127e-5 weeks <br />4.566e-6 months <br />. The associated basis for this technical specification states that the lift setpoint for the safety valve shall.t,e set at 2500 psig 1 percent tolerance for error.
Contrary to the above, on December'21,1986, pressurizer code safety valve PSV-1002 was found inoperable, a condition that likely existed since September 1985 and during which time the reactor was critical. The valve lift setpoint was at least 500 psi above the required 2500 psig i 1 percent setpoint.-
l This:is a Severity Level III violation (Supplement 1).
Civil Penalty - $25,000.
]
Pursuant to the provisions of 10 CFR 2.201, Arkansas Power & Light Company l
(Licensee)isherebyrequiredtosubmitawrittenstatementor_explanationto l
the' Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, within 30 days of the date of this Notice. _This reply should be clearly marked as'a
" Reply to a Notice of Violation" and should include for the-alleged violation:
(1) admission or denial of the alleged violation, (2) the reasons for the l
violation if admitted, (3) the corrective steps that have been taken and the (4) the corrective steps that will be taken to avoid further
[
resultsachieved(5)thedatewhenfullcompliancewillbeachieved.
If an violations, and adequate reply is not received within the time specified in this Notice, an order may be issued 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.
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l Arkansas Power & Light Company I Within the same time as provided for the response required above under 10 CFR 2.201, the Licensee may pay the civil penalty by letter to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, with a check, draft, or money order payable to the Treasurer of the United States in the amount of the civil penalty proposed above, or the cumulative amount of the civil penalties if more than one civil penalty is proposed, or may protest imposition of the civil penalty in whole or in part by a written answer addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission. Should the Licensee fail to answer within the time specified, an order imposing the civil penalty will be issued. Should the Licensee elect to file an answer in accordance with 10 CFR 2.205 protesting the civil penalty, in whole or in part, such answer should be clearly marked as an " Answer to a Notice of Violation" and 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, such answer may request remission or mitigation of the penalty.
In requesting mitigation of the proposed penalt Section V.B of 10 CFR part 2, Appendix C (1987)y, the five factors addressed in
, should be addressed. Any l
written answer in accordance with 10 CFR 2.205 should be set forth separately i
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. The attention of the Licensee 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 subsequently has been 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. 2282c.
The responses to the Director, Office of Enforcement, noted above (Reply to a NoticeofViolation}letterwithpaymentofcivilpenalty,andAnswertoaDirector, Office of Notice of Violation should be addressed to:
U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555 with a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, for the appropriate Region, and, if applicable, a copy to the NRC Resident Inspector, at the facility which is the subject of this Notice.
FOR THE NUCLEAR REGULATORY COMMISSION obert D. Martin Regional Administrator Arlington, Texas, Dated a) day of June 1987.
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