ML20237D138
| ML20237D138 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 08/19/1998 |
| From: | NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | |
| Shared Package | |
| ML20237D132 | List: |
| References | |
| 50-286-98-05, 50-286-98-5, EA-98-336, EA-98-344, NUDOCS 9808250093 | |
| Download: ML20237D138 (3) | |
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f ENCLOSURE NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY New York Power Authority Docket No. 50-286 Indian Point 3 Nuclear Power Plant License No. DPR-64 EAs98-336,98-344 l
During an NRC inspection completed on June 12,1998, for which an exit meeting was conducted on June 19,1998, violations of NRC requirements were identified. In accordance i
with the " General Statement of Policy and Pr'ocedure for NRC Enforcement Actions," NUREG-1600, the NRC 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 violations and associated civil penalty are set for below:
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VIOLATION ASSESSED A civil PENALTY 10 CFR Part 50, Appendix B, Criterion lil, Des /gn Control, requires, in part, that I
measures be established to assure that the design basis is correctly translated into specifications, drawings, and instructions. The design control measures shall provide l
for verifying or checking the adequacy of design, such as performance of design l
reviews, or by the performance of a suitable testing program. Design changes shall be t
l subject to design control measures commensurate with those applied to the original design.
Contrary to the above, between October 24,1997 and May 28,1998, the licensee failed to assure that a design change in October 1997 was subject to design control measures commensurate with those applied to the original design. Specifically, during l
the design change made to the 32 and 33 EDGs that realigned the essential power supplies to the EDG auxiliary support systems (which include EDG room ventilation; the fuel oil transfer pump; and the crankcase exhaust blower), an undervoltags trip l
function was installed on the supply breakers to the F.DG auxiliaries. With the l
undervoltage trip relay installed, the EDG auxiliary support systems would be deenergized following a loss of normal power and operator action would be required
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to restore power to the auxiliaries. This was contrary to the design basis for the EDGs.
l Without the auxiliary support systems, the EDGs could not be relied upon to operate l
for the required period of time without operator action. The design error was not l.
identified during design reviews. (01013) l This is a Severity Level lli violation (Supplement 1).
Civil Penalty - $55,000.
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4 9808250093 980819 PDR ADOCK 05000286 G
PDR II 1
Enclosure 2
11.
VIOLATION NOT ASSESSED A CIVll PENALTY 10 CFR Part 50, Appendix B, Criterion XVI, requires, in part, that measures be established to assure that conditions adverse to quality, such as deficiencies, deviations, and nonconformances are promptly identified and corrected.
Contrary to the above, between September 1997 and May 28,1998, the licensee failed to promptly correct a condition adverse to quality involving the inadvertent closure of the reactor coolant pump (RCP) thermal barrier flow control valve (FCV).
Specifically, between September 1997 and March 1998, the licensee initiated four deviation event reports (DERs) to address the inadvertent closure of FCV-625, the thermal barrier FCV, when swapping component cooling water (CCW) pumps.
However, this condition had not been corrected as of May 28,1998. On May 28, 1998, the inadvertent closure of FCV-825 in conjunction with loss of a charging pump resulted in a momentary loss of all RCP seal cooling. (02014)
This is a Severity Level IV violation (Supplement 1)
Pursuant to the provisions of 10 CFR 2.201, New York Power 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 of Violation and Proposed Imposition.of Civil Penalty. This reply should be clearly marked as a " Reply to A Notice 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 steps that will be taken to avoid further violations, and (5) the date when full compliance will be achieved. If an adequate replay 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, 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 penalty 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 elect to file an answer in accordance with 10 CFR 2.205
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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 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, in whole or in part, such answer may request remission or mitigation of the penalty.
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Enclosure 3
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 2.205 should be set forth separately from the statement or explanation in replay pursuant to l
10 CFR 2.201 reply by specific reference (e.g., citing page and paragraph numbers) to avoid repetition. The attention of the Ucensee 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 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'of the Act,42 U.S.C. 2282c.
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 Regional Administrator, U.S. Nuclear Regulatory Commission, Region 1.
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 infortnation 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 must_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 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, Pennsylvania this 19th day of August 1998 lu