ML20217C671

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $55,000.Violation Noted:On 971112,while Reactor Was in Cold Shutdown W/Rv Head Removed,Operators Did Not Verify That CR Position Did Not Change During Withdrawal

ML20217C671
Person / Time
Site:	Hope Creek
Issue date:	03/20/1998
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:
Shared Package
ML20217C605	List: ML20217C671
References
EA-97-144, EA-97-563, NUDOCS 9803270103
Download: ML20217C671 (6)

Text

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ENCLOSURE NOTICE OF VIOLATION A 4D PROPOSED IMPOSITION OF CIVIL PENALTY Public Service Electric and Gas Company Docket No. 50-354 Hope Creek Nuclear Generating Station License No. NPF-57 EAs97-144; 97-563 During an NRC inspection conducted on February 24-28,1997, August 25-29,1997, and October 5,1997 - November 15,1997, for which exit meetings were held on February 28, 1997, August 29,1997, and Novpmber 21,1997, violations of NRC requirements were identified. In accordance with the " General Statement of Policy and Procedures for NRC Enforcement Actions," NUREG-1600, the NRC 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, and 10 CFR 2.205. The particular violations and associated civil penalty are set forth below:

1.

VIOLATION RELATED TO CONTROL ROD MANIPULATIONS Hope Creek Technical Specification 6.8.1.a, requires that written procedures shall be established and implemented for applicable activities specified in Appendix A of Regulatory Guide (RG) 1.33, Revision 2. Appendix A of RG 1.33 requires operating procedures governing the control rod drive system and administrative procedures for safe plant operation.

Hope Creek operations department abnormal operating procedure HC.OP-AB.ZZ-104(Q)

Revision 6, " Stuck Control Rod," requires, in part, that (1) the procedure be implemented when control rod position does not change when a withdraw signal is applied, and (2) drive water pressure be immediately returned to the normal operating range upon successful control rod movement.

PSE&G nuclear department administrative procedure NC.NA-AP.ZZ-OOO5(Q), Revision 7, " Station Operating Practices," requires, in part, that (1) operatcrs act conservatively when faced with adverse conditions that could affect safe reactor operation and place the plant in a safe condition when faced with uncertain conditions, (2) reactivity manipulation procedures be followed " alertly and cautiously," and control rods always be moved in a delibsrate, carefully controlled manner, and (3) additional oversight and controls, such as designation of a special Test Engineer, be established during activities which are infrequently performed, place the plant in an unusual configuration, or lead to a significant reduction in the level of plant safety.

Contrary to the above, on November 12,1997, while the reactor was in cold shutdown (operational condition 5) with the reactor vessel head removed, operators, while withdrawing control rods as part of a shutdown margin test, did not:

9003270103 990320 PDR ADOCK 05000354 O

PDR

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1.

verify that control rod position did not change during a withdrawal attempt at normal operating drive water pressure before entering the stuck control rod procedure, 2.

Immediately restore control rod drive water pressure to the normal operating range following successful control rod movements at elevated pressures, 3.

act conservatively during reactivity manipulations in that drive water pressures were not returned to the normal operating range before initial control rod withdrawal attempts, 4.

follow reactivity manipulation procedures alertly or cautiously in that drive water pressures were not returned to the normal operating range following successful control rod movement at elevated pressures, and 5.

establish additicnal oversight and controls for the first-time implementation of the shutdown margin demonstration activity. (01013)

This is a Severity Level ill violation (Supplement 1).

Civil Penalty - $55,000.

II.

VIOLATIONS OF THE MAINTENANCE RULE A.

10 CFR 50.65(b)(1) & (2) require that the scope of the monitoring program specified in paragraph (a)(1) include safety-related and non-safety related l

structures, systems, and components (SSCs). Specifically, the scope of the program shall include safety-related SSCs that are relied upon to remain j

functional during and following design basis events to ensure the integrity of the l

reactor pressure boundary, the capability to shut down the reactor and maintain it in a safe shutdown condition, and the capability to prevent or mitigate the consequences of accidents that could result in potential offsite exposure comparable to the 10 CFR Part 100 guidelines. It shall also include non-safety-related SSCs (1) that are relied upon to mitigate accidents or transients or are used in plant emergency operating procedures (EOPs); (ii) whose failure could prevent safety related SSCs from fulfilling their safety related function; or (iii) whose failure could cause a reactor scram.

10 CFR 50.65(a)(1) states that licensees shall monitor the performance or condition of SSCs against licensee established goals, in a manner sufficient to provide reasonable assurance that such SSCs, as defined in paragraph (b), are capable of fulfilling their intended functions.

Contrary to the above, as of February 24,1997, the following SSCs or SSC functions were not included in the scope of the 10 CFR 50.65 monitoring program:

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1.

nuclear fuel assemblies; and 2.

bypsssed and inoperable status indicating system (BISIS).

3.

drywell ventilation system; 4.

essential lighting system; l

S.

communications systems.

6.

reactor auxiliary cooling (RAC) system function of cooling the control red drive (CRD) pumps; 7.

standby liquid control system function of providing water to maintain reactor level during certain emergency situations; and 8.

the condensate storage tank (CST) function to support safety-related systems. (02013)

B.

10 CFR 50.65(a)(1) requires, in part, that the holders of an operating licensa l

l shall monitor the performance or condition of SSCs, as defined by l

10 CFR 50.65(b), against licensee-established goals, in a manner sufficient to provide reasonable assurance that such structures, systems, and components are capable of fulfilling their intended functions. When the performance or condition of a structure, system, or component does not meet established goals, appropriate corrective action shall be taken.

10 CFR 50.65(a)(2) requires, in part, that monitoring as specified in 10 CFR 50.65 Section (a)(1) is not required where it has been demonstrated that the performance or condition of a structure, system, or component is being effectively controlled through the performance of appropriate preventive maintenance, such that the structure, system, or component remains capable i

of performing its intended function.

1.

Contrary to 10 CFR 50.65(a)(2), as of July 10,1996, (the time that the licensee elected to not monitor the performance or condition of the following SSCs against licensee-established goals pursuant to the requirements of 10 CFR 50.65 (a)(1)), the licensee failed to demonstrate that the performance or condition of certain system functions, within the scope of 10 CFR 50.65, had been effectively controlled through the performance of appropriate preventive maintenance in accordance with the requirements of 10 CFR 50.65(a)(2). Specifically, the licensee failed to adequately evaluate the appropriateness of the performance of preventive maintenance as evidenced by the following examples, each of which constitutes a separate violation:

a.

The licensee failed to adequately demonstrate the performance or condition of functions of the of the service compressed air j

system, control complex system, nuclear boiler and reactor recirculation system, auxiliary building heating ventilation and air conditioning - diesel generator area system, instrument (control) air system, control rod drive system and the reactor protection

)

system in that availability measures were not established.

(02023)

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b.

The licensee failed to adequately demonstrate the performance or condition of functions for the main steam non-automatic depressurization (non-ADS) system in that reliability measures were not established. (02033)

Reliability and availability measures are both necessary to demonstrate that preventive maintenance had been effective to ensure that system functions will perform as required.

2.

Contrary to 10 CFR 50.65(a)(2), as of July 10,1996, (the time that the licensee elected to not monitor the performance or condition of the following SSCs against licensee-established goals pursuant to the requirements of 10 CFR 50.65 (a)(1)), the licensee failed to adequately demonstrate that the performance or condition of functions of the main 1

turbine control oil (two standby functions), reactor manual control j

system and remote shutdown systems had been effectively controlled by performing appropriate preventive maintenance in accordance with the requirements of 10 CFR 50.65(a)(2). Specifically, the licensee's basis for placing these SSC functions under the requirements of 10 CFR 50.65 (a)(2) was inadequate because plant level measures were used in assessing preventive maintenance. Failures of these functions would not necessarily result in unplanned scrams, safety system actuations, or an unplanned capability loss factor. These plant level measures were thus inadequate to determine whether there were maintenance preventable functional failures of these functions. (02043)

These violations represent a Severity Level lli problem (Supplement 1).

Pursuant to the provisions of 10 CFR 2.201, Public Service Electric and Gas Company

(!.icensee) is hereby required to submit a written statement or explanation to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, within 30 days of the date of this Notice of Violation and Proposed imposition of Civil Penalty (Notice). This reply should be clearly marked as a " Reply to a Notice of Violation" and should include for each elleged violation: (1) admission or denial of the alleged violation, (2) the reasons for the violation if admitted, and if denied, the reasons why, (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, an Order or a Demand for Information may be issued as 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.

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 addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, with a check, draft, money order, or electronic transfer 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

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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 in whole or in part, such answer may request remission or mitigation of the penalty.

In requesting mitigation of the proposed penalty, the factors addressed in Section VI.B.2 of the Enforcement Policy 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 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 tc 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 so Section 234c of the Act,42 U.S.C. 2282c.

l The response noted above (Reply to Notice of Violation, letter with payment of civil penalty, and Answer to a Notice of Violation) should be addressed to: Mr. James Lieberman, Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, One White Flint North,11555 l

Rockville Pike, Rockville, MD 20852-2738,with a copy to the Regional Administrator, U.S.

Nuclear Regulatory Commission, Region I, and a copy to the NRC Resident inspector at the i

i facility that is the subject of this Notice.

l Because your response will be placed in the NRC Public Document Room (PDR), to the extent possible, it should not include any personal privacy, proprietary, or safeguards information so j

that it can be placed in the PDR without redaction. If personal privacy or proprietary information is necessary to provide an acceptable response, then please provide a bracketed copy of your response that identifies the information that should be protected and a redacted copy of your response that deletes such information. If you request withholding of such material, you must specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim of withholding (e.g., explain why the disclosure of information will create an unwarranted invasion of personal privacy or provide the information required by 10 CFR 2.790(b) to support a request for withholding confidential commercial or financial information). If safeguards information is necessary to provide an acceptable response, please provide the level of protection described in 10 CFR 73.21.

Dated at King of Prussia, Pennsylvania this 20th day of March 1998