ML20235N457

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Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $50,000.Violations Noted:Licensee Did Not Provide App R Protected RCS Letdown Path for All Postulated Fire Scenarios & Did Not Maintain One Train Free of Damage
ML20235N457
Person / Time
Site: Sequoyah  Tennessee Valley Authority icon.png
Issue date: 07/22/1988
From: Partlow J
NRC OFFICE OF SPECIAL PROJECTS
To:
Shared Package
ML20235N439 List:
References
EA-88-086, EA-88-86, NUDOCS 8903010223
Download: ML20235N457 (2)


Text

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l ENCLOSURE 1 NOTICE OF VIOLATION _

AND PROPOSED IMPOSITION OF CIVIL PENALTY Tennessee Valley Authority Docket Nos. 50-327 and 50-328 Sequoyah Nuclear Plant -

License Nos. DPR-77 and DPR-79 EA 88-86 1

During the Nuclear Regulatory Commission (NRC) inspection conducted on March 14-18, 1988, a potential violation of NRC requirements was identified by the licensee and reviewed by the NRC. The NRC determined that a violatior involving the requirements of 10 CFR Part 50, Appendix R had occurred. The particular l

violation is set forth below:

License Condition 2.c.13.c requires compliance with Sections III.G, J, L and 0 of 10 CFR 50, Appendix R.

Section III.G.2 requires, in part, that, where cables or equipment, including associated non-safety circuits that could prevent operation or cause snalopera-tion due to induced shorts, of redundant trains of systems necessary to achieve and maintain hot shutdown conditions are located within the same fire area outside of primary containment or inside a noninerted containment, a means of maintaining one of the trains free of fire damage or approved protection as listed for noninerted containments in III.G.2, shall be provided.

Contrary to the above, as of March 14, 1988, TVA did not provide a means of maintaining free of fire damage one train necessary to achieve and maintain hot shutdown conditions, in that they did not provide an Appendix R protected reactor coolcnt system letdown path for all postulated fire scenarios or in the alternative, provide an adequate analysis to show a protected letdown path was not necessary.

This is a Severity Level III violation.

Cumulative Civil Penalty - $50,000.

Pursuant to the provisions of 10 CFR 2.201, the Tennessee Valley Authority 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. This reply should be clearly markec as a "4 ply to a Notice of Violation" and should include for the alleaed violation:

(1) admission or denial of the alleged violation, (2) the reasons for the violation if admitted, (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 l

Order may be issued to show cause why the license should not be modified, susperded, 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 1

cause shown. Under the authority of Section 182 of the Act, 42 U.S.C. 2232, l

this response shall be submitted under oath er affirmation.

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-e l 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 i

of Enforcement, U.S. Nuclear Regulatory Comission, with a check, draft, or l

money order payable to the Treasurer of the United States in the amount of the i

civil penalty proposed above, or may protest imposition of the civil penalty in l

whole or in part by a written answer addressed to the Director, Office of l

Enforcement, U.S. Nuclear Regulatory Commission.

Should the Licensee fail to answer within the time specified, an Order imposing the civil penalty will be I

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 (2) demonstrate extenuat-violations listed in this Notice in whole or in part,(4) show other reasons ing circumstances, (3) show error in this Notice, or why the penalty should not be imposed.

In adc'ition to protesting the civil penalty, such answer may request remission or mitigation of the penalty.

In requesting mitigation of the proposed penalty, the five factors addressed in Section V.B of 10 CFR Part 2, Appendix C (1987), 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 a civil penalty.

Upon failure to pay any civil penalty due which subsequently has been deter-mined 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, tr 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 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, U.S. Nuclear Regulatory Commission, Office of Special Projects, and a copy to the NRC Resident Inspector at the Sequoyah Nuclear Plant.

FOR THE NUCLEAR REGULATORY COMMISSION James G. Partlow, Director Office of Special Projects Deted at Rockville, Maryland this day of July, 1988

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