ML20217R336

NOV & Proposed Imposition of Civil Penalty in Amount of $55,000.Violation Noted:Measures Were Not Established to Assure That Applicable Regulatory Requirements & Design Basis,Were Correctly Translated Into EOPs

ML20217R336
Person / Time
Site:	Indian Point
Issue date:	08/19/1997
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:
Shared Package
ML20217R328	List: IR 05000286/1997080 ML20217R336
References
EA-97-294, NUDOCS 9709050070
Download: ML20217R336 (3)

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ENCLOSURE NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF civil PENALTY New York Power Authority Docket No. 50 286 Indian Point Unit 3 License No. DPR-64 EA 97 294

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During an NRC inspection conducted between April 7 and May 1,1997, for which exit meetings were held on May 1,1997, and June 10,1997, a violation of NRC requirements was identified, in accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," NUREG-1600, 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, and 10 CFR 2.205. The particular violation and associated civil penalty are set forth below:

10 CFR Part 50, Appendix B, Criterion lil, requires that measures shall be established to assure that applicable regulatory requirements and the design basis, are correctly translated into specifications, drawings, procedure , and instructions.

Contrary to the above, prior to May 20,1997, measures were not established to assure that applicable regulatory requirements and the dulgn basis, were correctly translated into Emergency Operating Procedures (EOPs), as evidenced by the following examples:

1. Design basis information for the component cooling water heat exchangers' service water outlet valve position was not correctly translated into EOP ES 1.3, Revision 10, Transfer to Cold Leg Recirculation. The EOP did not provide instruction for operators to re-position these valves (from their normally throttled position) at the beginning of the recirculation phase of a postulated design basis accident. Under certain conditions, failure to re position the valves, may have caused the loss of function of the component cooling water and other supported systems.

2. Design basis information for protection of the recirculation pumps from runout was not correctly translated into EOP ES-1.3, Revision 10, Step 18(b). The EOP did not provide appropriate instructions to reduce flow to less than 3000 gpm to assure that net positive suction head requirements are satisfied when only one recirculation pump is operating.

3. Design basis information for isolating nonsafety-related equipment was not correctly translated into EOP ES-1.3, Revision 10, Step 60(a), which directed operators to isolate component cooling water flow to the non-regenerative heat exchanger using air operated temperature control valve AC-TCV-130. This procedura step wasinadequate because valve AC TCV-130 could f ailopen, due to a non safety-related source of supply air, and divert cooling water flow from other safety-related components. (01013) 9709050070 970eg9 DR ADOCK 05000286 PDR l

Enclosure 2 This violation is classified at Severity Level 111. (Supplement 1).

Civil Penalty - $55,000.

Pursuant to the provisions of 10 CFR 2.201, New York Power Authority (Licensee) 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 sho6 v i clearly marked as a

" Reply to a Notice of Violation" and should include for each alleget g :ation: (1) admission or derial of the alleged violation, (2) the reasons for the violation if Mmitted, and if denied, the reasons why, (3) the corrective steps that have been taken and the mults 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 to 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 penasty 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 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 f all 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 j mitigation of the penalty.

l- 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 l 2.205 should be set forth separately from the statement or explanation in reply pursuant to l

10 CFR 2.201, but may incorporate parts of the 10 CFR 2.201 reply by specific reference l to.g., citing page and paragraph numbers) to avoid repetition. The attention of the Licensee l is directed to the other provisions cf 10 CFR 2.205, regarding the procedure for imposing a j 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 234(c) of the Act,42 U.S.C. 2282c.

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Enclosure 3 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: Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, D.C.

20555 with_ a copy to the Director, Special Projects Office, NRR, U.S. Nuclear Regulatory Commission, and a copy to the NRC Resident inspector at the facility tSt is the subject of this Notice.

Because your response will be placed in the NRC Public Document Room (PDP), to the extent possible, it should not include any persor.al privacy, proprlutary, 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 muti 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, PA this 19th day of August 1997 4

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