ML20236M292
| ML20236M292 | |
| Person / Time | |
|---|---|
| Site: | McGuire  |
| Issue date: | 10/28/1987 |
| From: | Grace J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | |
| Shared Package | |
| ML20236M281 | List: |
| References | |
| EA-87-163, NUDOCS 8711130077 | |
| Download: ML20236M292 (3) | |
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94 NOTICE OF VIOLATION AND PROPOSED IMPOSITIDIF0F CIVIL PENALTY Duke Power Company
,h\\DocketNo.50-369 McGuire Unit 1
' License No. NPF-9 k EA 87-163
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1, During an NRC inspection conducted on August 3-7, 1987, J. violation of NRC requirements was identified..In accordance M tp the " General Statementfof y
Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C (1987), the duclear Regulatory Commission proposes to impose a civil ~ pe' alty
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. pursuant to Section.234 of the Atomic Energy. Agt of 1954, ascamended (Act),
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42 U.S C. 2282, and 10 CFR 2.205. -The particular violations' and associated f) civil penalty'are set forth below:
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Technical Specification' 3.8.1.1' requires that two physically independeh
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circuitsbetweentheoffsitetransmissionnetwork)ndtheonsiteessentdp auxiliary power system, and two separate land irMependent diesel. genedt6ps be operable,in Modes 1,' 2, 3, and 4.
With:only chi diesel generator
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operablerestoretheinoperabledieselgenerator[tooperablestatuswithin 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> or place the plant in HOT STANDBYJ%I].hin the~ next 6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> and COLD SHUTDOWN within the following 30 hours3.472222e-4 days <br />0.00833 hours <br />4.960317e-5 weeks <br />1.1415e-5 months <br />.
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Contrary to tie above,.from. 6:00 p.m. on July 26l, 1987, until 12:30 p.m.,
on July 30, 1987, a total of 90.5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br />, while in Mode 1, diesel generator 1A was incperable in that it was unable to be automatically started by an initiating signal due to the lacktof control power.
Further, the plant was not piaced in HOT STANDBY as required.
B.
Technical Specification 6.8.1 requires in part that written procedures shall be implemented for the activitiesirdcommended in NUREG-0737, Item,.,
I.C 6 Independent Verification. Operations Management Procedure (OMP) 2-I7 in part, implements these requirements for independent verificaAjon.,' 4
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Contrary to the above, following the failure of the Nuclicar Equipoent Operators (NED) to close the diesel generatorviolation of %y control pow Q brepket
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which led to the July 26,1967) chnical Specification t; 3.8.1.1, OMP 2-17 was not properly implementr/dlin thagi the closure of:
the control power breaker for diesel generater.1A.wasSnot independently jw verified.
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10 CFR 50 Appendix. B, Crktettion XVI requires in part, that conditions g
adverse to quality =be p'remptly iden'tified and corrected;
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<4t.g-Contrary to the abo n, the inopprab\\ihity of the 1A diesel generator which i
was not r'rpmptly. identi fiedt in that', despite.
occurred on July 26, 1987, multiple indications of. the; problem fa the control room the : inoperable
,Q condition continued to' exist, through multiple control room shift turn-pM
' l f) overs, until July 30,:1987 Additionally, this condition was not properly i
A correctea in that, when theyindicat1 ns of the problem with the 1A'diasel
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generator control power were recognited, a work request was issued to correct only a perceived control room indicator problem.
This is a Severity Level III problem (Supplement IY.
Cumulative civil penalty - $100,000 (assessed equally between the violations)
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8711130077 871028 4
PDR ADOCK 05000369-4
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Notice of Violation Pursuant to the provisions of 10 CFR 2.201, Duke Power Cornpany (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.
This reply should be clearly marked as a " Reply to a Hotice 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, (3) the corrective steps that have been taken and the results achieved, (4) the corrective steps that will be taken to avoid further viola-tions, 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 may be issued to shcw cause why the license should not be modifitd, suspended, or revoked or why such other action as may be proper should not be taken.
Con-sideration 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 ar provided for the response required above under 10 CFR 2.201, thr licensee may pay the civil penalty by letter to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, with a check, draft, l
or money order payable to the Treasurer of the United States in che amount of the civil penalty proposed above, 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 fail to answer within the time specified, an order imposing the civil penalty will be l
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 hotice of Violation" and may:
(1) deny the violations 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, such answer may request remission or mitigation of the penalty.
In requesting mitigation of the pro)nsed penalty, the five factors addressed in Section V.B of 10 CFR Part 2, Appe1 dix 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 l
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 l
1s 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 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, remit" ted, or 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, l
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t U.S. Nuclear Regula' tory Commission, ATTN:
DocumentControl. Desk, Washington,/.
DC 20555 with a copy to the. Regional Administrator, Region _II'and a copy to the NRC ResidenO Inspector at McGuire.
FOR THE NUCLEAR REGULATORY COMMISSION
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1 ORIGINAL SIGNED BY j
M. L ERNST 1
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J. Nelson Grace,
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Regional Administrator
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Dated at Atlanta, Georgia this M day of October 1987 N
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