ML20217D851

EN-98-014:informs Commission That NRC Will Exercise Enforcement Discretion Per Section VII.B.2 of Enforcement Policy & Not Issue NOV to Il Power Co for Several Violations Associated W/Loss of Shutdown Cooling Event on 980213

ML20217D851
Person / Time
Site:	Clinton
Issue date:	03/20/1998
From:	Lieberman J, Satorius M NRC OFFICE OF ENFORCEMENT (OE)
To:
References
EA-96-412, EA-97-001, EA-97-002, EA-97-060, EA-97-1, EA-97-2, EA-97-60, EA-98-159, EN-98-014, EN-98-14, NUDOCS 9804270117
Download: ML20217D851 (1)

Text

1

, March 20,1998 d

EN 98-014 OFFICE OF ENFORCEMENT NOTIFICATION OF SIGNIFICANT ENFORCEMENT ACTION Licensee: lilinois Power Company (EA 98-159)

Clinton Power Station Docket Number 50-461

Subject:

EXERCISE OF ENFORCEMENT DISCRETION This is to inform the Commission that the NRC will exercise enforcement discretion per Section Vll.B.2 of the Enforcement Policy and not issue a Notice of Violation to Illinois Power Company for several violations associated with the loss of shutdown cooling event on February 13,1998. This is the initial exercise of this discretion at Clinton.

The violations involve a number of issues associated with the identification and correction of problems and the adequacy and proper implementation of procedures.

Normally, these violations would be categorized in accordance with the Enforcement Policy at Severity Level IV. However, the NRC has concluded that discretion is appropriate because: (1) significant NRC enforcement action (EAs96-412, 97-001,97-002, and 97-060 proposed a $450,000 civil penalty on June 9,1997) was taken against the Illinois Power Company for several programmatic breakdowns (including procedure adherence / adequacy and corrective actions); (2) additional enforcement action was not considered to be necessary to achieve remedial action for these violations due to the licensee's commitments to take actions to address procedural and corrective action problems prior to plant restart; (3) the violations were related to problems that were present prior to the events leading to the shutdown; (4) the violations were not willful, and (5) lilinois Power Company will meet with the NRC to explain their efforts to resolve these and other issues prior to restart, as reflected in the NRC's September 26,1997, Demand for Information (EA 97-435).

It should be noted that the licensee has not been specifically informed of the enforcement action. The schedule ofissuance and notification is:

Mailing of Notice March 25,1998 Telephone Notification of Licensee March 25,1998 l

The State of Illinois will be notified, Contacts: M. Satorius, OE, 415-2747 J. Lieberman, OE, 415-2741 l Distribution OWFN OWFN TWFN Regional Offices Chairman Jackson EDO OC RI RIV Comm. Dicus DEDR AEOD Ril WCFO _

l Comm. Diaz DEDO OP CTR Rlli l Comm. McGaffigan OE NMSS SECY OGC IRM Mall OCA NRR OlG NUDOCS PA 01 RES PUBLIC IP SP ACRS PRELIMINARY INFORMATION - NOT FOR PUBLIC DISCLOSURE UNTil '

? :,,;o C VERIFICATION THAT LICENSEE HAS RECEIVED ACTION 9904270117 980320 [ {U

\

PDR ltE EN-98-014 ppg