ML20217P302

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Notice of Violation & Proposed Impositon of Civil Penalty from Insp on 970106-0307.Violations Noted:As of 970307, Licensee Failed to Assure That Listed Significant Condition Adverse to Quality Was Promptly Corrected
ML20217P302
Person / Time
Site: Clinton Constellation icon.png
Issue date: 08/01/1997
From:
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:
Shared Package
ML20217P287 List:
References
50-461-97-03-01, 50-461-97-3-1, EA-97-132, NUDOCS 9708270153
Download: ML20217P302 (3)


Text

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l NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF civil PENALTIES lilinois Power Company Docket No. 50-461 Clinton Power Station License.No. NPF 62 Clinton, IL EA 97132 During an NRC inspection conducted from January 6,1997 to March 7,1997, violations of NRC requirements were identified. In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," NUREG 1600, the NRC proposes to impose civil penalties 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:

A.

10 CFR 50, Appendix B, Criterion XVI, " Corrective Actions," requires, in part, that measures be estabilshed to assure that conditions adverse to quality, such as failures, malfunctions, deficiencies, deviations, defective material and equipment, and nonconformances are promptly identified and corrected. In the case of significant conditions adverse to quality, the measures shall assure that the cause of the conditions is determined and corrective actions are taken to preclude repetition.

l A Notice of Violation (Notice) was issued on June 16,1995, which identified that a significant condition adverse to quality, hardening of grease in ABB K line breakers, had not been properly identified and corrected, i

Contrary to the above, as_of March 7,1997, the licensee failed to assure that the above significant condition adverse to quality was promptly corrected in that further examples of these problems were identified that had not been corrected as a result of actions taken in response to the Notice. Specifically, the licensee failed to j

adequately correct the hardened / hardening grease 'on ABB, GE and Westinghouse l

electrical breakers. The lack of prompt corrective action resulted in binding of various breaker components and the failures of safety-related and critical non-safety related breakers to operate during testing and on demand. (01013)

B.

10 CFR 50, Appendix B, Criterion Vill, " Identification and Control of Materials, Parts, and Components", requires, that measures shall be established for the identification and control of materials, parts, and components, including partially fabricted assemblies. These measures shall assure that identification of the item is maintained by heat number, part number, serial number, or other appropriate means, either on the item or on records traceable to the item, as required throughout fabrication, erection, installation, and use of the item. These identification and control _ measures shall be designed to prevent the use of incorrect or defective material, parts, and components.

9708270153 970001 PDR ADOCK 05000461 G

PDR

Notice of Violation and Proposed 2-Imposition of Civil Penalties Contrary to the aoove, as of March 7,1997, adequate measures were not established to pievent the use of incorrect lubricants or cleaning agents to clean or lubricate safety related electrical breaker componc in an approved manner.

Specifically, an unapproved lubricant ("Never Seize") was utilized on breaker 2B for RR pump 1 A and other breakers, and an unapproved cleaning agent, Freon, was utilized as a degreaser on breaker 58 for RR pump 1Ei cnd other breakers in an uncontrolled manner. In addition, an approved lubricant (Mobil 28 grease) was used in an incorrect, unauthorized fashion on numerous breakers. (01023)

This is a Severity Level lli problem (Supplement 1). Civil Penalty - $110,000.

Pursuant to the provisions of 10 CFR 2.201. Illinois Power Compan'y 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 Penalties (Notice). This reply should be clearly marked as a

" Reply to a Notico of Violation" and should include for each alleged 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 step

  • that will be taken to avoid further violations, and (5) the dete 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 sffirmation.

Within the same time as provided for the response required above under 10 CFR 2.201, The Licensee may pay the civil penalties 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 proposed, or may protest imposition of the civil penalties in whole or in part, by a written answer addressed to the Director, Office of E,forcement, U.S. Nuclear Regulatory Commission. Should the Licensee fail to answer within the time specified, an order imposing the civil penalties will be issued. Should the Licensee elect to file an answer in accordance with 10 CFR 2.205 protesting the civil penalties, in whole or in part, such answers should be clearly marked as an " Answer to a Notice of Violation" and may:

(1) deny the violation (s) 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 penalties should not be imposed, in addition to protesting

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J Notice of _Violat!on and Proposed 3-impositicn of Civil Penal:les the civil penalties in whole or in part, such answers may request remission or mitigation of the penalties, in requesting mitigation of the proposed penalties, 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 to the other provisions of 10 CFR 2.205, regarding the procedure for imposing civil penalties.

Upon failure to pay any civil penalties due which subsequently has,been determined in accordance with the applicable provis!ons of 10 CFR 2.205, this matter may be referred to the Attorney General, and the penalties, unless compromised, remitted, or mitigated, may be collected by civil action pursuant to Section 234c of the Act,42 U.S.C. 2282c.

The response noted above (Reply to Notice of Violation, letter with payment of civil penalties, and Answer to a Notice of Violation) should be addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, One White Flint North,11555 Rockville Pike, Rockville, MD 20852 2738, with a cony to the Regional Administrator, U.S.

Nuclear Regulatory Commission, Region lit and a copy to the NRC Resident inspector stationed at the Clinton facility.

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 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 EW11 specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim of withhold-Ing (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 Lisle, Illinois this 1 day of August 1997

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