ML20235U059

Notice of Violation from Discussions on 860128.Violation Noted:Applicant Failed to File Timely Request for Extension of CPPR-126,per 10CFR2.109

ML20235U059
Person / Time
Site:	Comanche Peak
Issue date:	02/28/1989
From:	Crutchfield D Office of Nuclear Reactor Regulation
To:
Shared Package
ML20235U051	List: ML20235U048 ML20235U059
References
EA-88-278, NUDOCS 8903090040
Download: ML20235U059 (2)

Text

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I NOTICE OF VIOLATION i

Texas Utilities Electric Company Docket No. 50-445 Comanche Peak Steam Electric Station License No. CPPR-126-Unit 1 EA 88-278 (

I During discussions with the NRC on January 28, 1986, a violation of NRC requirements was identified. In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C (1988), the violation is listed below:

10 CFR 50.10(b) states that no person shall begin the construction of a production or utilization facility on a site on which the facility is to be operated until a construction permit has been issued.

10 CFR 50.55(b) states that if construction of a facility is not completed by the latest completion date, the permit shall expire and all rights thereunder shall be forfeited.

10 CFR 2.109 provides that if a timely application is made at least thirty days prior to the expiration date, the existing license will be deemed not to have expired.

Contrary to the above, Construction Pennit CPPR-126 expired on August 1, 1985 and although the applicant failed to file a timely request for extension as provided by 10 CFR 2.109, activities at Unit I for which a construction permit is required continued until at least January 29, 1986, at which time the applicant filed for an extension. The extension was approved by the staff on February 10, 1986.

This is a Severity Level III violation (Supplement II).

Pursuant to the provisions of 10 CFR 2.201, Texas Utilities Electric Company (applicant) 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 the letter transmitting this Notice. This reply should be clearly marked as a " Reply to a Notice of Violation" and should include: (1) admission or denial of the violation, (2) the reason for the violation if admitted, (3) the corrective steps which have been taken and the results achieved, (4) the corrective steps which 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, PDR fiDOCK 05000445 g FDL i

s, < i an order may'be issued to show cause why the license should not be modiffs 's suspended, or revoked or why such other action as may be proper should nc.. Oc taken. Consideration may be given to extending the response time for good cause shown.

FOR THE NUCLEAR REGULATORY COMMISSION ennis M. Cru c'hfield, Ac g Associate Director for Special Projects Office of Nuclear Reactor Regulation Dated at Rockville, Maryland this 28th day of February 1989.

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