ML20237E664

EN-98-044:informs Commission That NRC Intends to Exercise Enforcement Discretion & Not Issue Citation or Propose Civil Penalty for Four Violations of Maint Rule.Ltr Describing Action Will Be Issued on or About 980612

ML20237E664
Person / Time
Site:	Clinton
Issue date:	06/05/1998
From:	David Nelson, Satorius M NRC OFFICE OF ENFORCEMENT (OE)
To:
References
EA-97-412, EA-97-435, EA-98-248, EN-98-044, EN-98-44, NUDOCS 9809010100
Download: ML20237E664 (1)

Text

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Jun:: 5,1998

,. EN 98-044

- OFFICE OF ENFORCEMENT NOTIFICATION OF SIGNIFICANT ENFORCEMENT ACTION

-t Licensee:' '. Illinois Power Company EA No: 98-248 Clinton Power Station '

Docket No. 50-461 License No. NPF-62 Subject EXERCISE OF ENFORCEMENT DISCRETION

. This is to inform the Commission the staff intends to exercise enforcement discretion per Section Vll.B.6 of the Enforcement Manual and not issue a citation or propose a civil

' penalty for four violations of the Maintenance Rule,10 CFR 50.65. A letter describing this action will be issued on or about June 12,1998. The root causes for most of these violations (ineffective management oversight problems) were the same as for the violations cited in'a Notice of Violation 'and Proposed Civil Penalties of $450,000 on June 9,1997 (EAs96-412,97-001,97-002 and 97-060). The staff has determined that enforcement discretion is appropriate in this case because (1) significant NRC enforcement action (EA 97-412) was taken against the Illinois Power Company; (2) the violations were related to management oversight problems which were present prior to the events leading to the

- shutdown; (3) the violations were not classified at a severity level higher than Severity Level ll; (4) the violations were not willfu.l; (5) the violations were licensee-identified as a result of a comprehensive Quality Assurance audit; and (6) actions as reflected in the NRC's September 26,1997, Demand for Information (EA 97-435) effectively prever.ts lilinois Power Company from restarting Clinton Power Station without NRC approval. Effective corrective actions must be demonstrated prior to restart.

It should be noted that the licensee has not been specifically informed of this enforcement action. The schedule of issuance and notification is:

. Mailing of Notice June 12,1998

' Telephone Notification of Licensee June 12,1998

.The State of Illinois will be notified.

Contacts: D. Nelson, OE, 415-3280' M. Satorius, OE, 415-2741 Distribution OWFN OWFN TWFN Regional Offices Chairman Jackson' EDO OC RI RIV Comm. Dicus DEDE AEOD Ril WCFO Comm. Diaz OE OP CTR Rlli Comm. McGaffigan . OGC NMSS

, .SECY' NRR IRM MAIL

! OCA 01' OlG NUDOCS PA SP RES PUBLIC

~lP ACRS PRELIMINARY INFORMATION'- NOT FOR PUBLIC DISCLOSURE UNTIL VERIFICATION THAT LICENSEE HAS RECElVED ACTION 9909010100 990605 I i

PDR IM \

.EN-99-044 PDR g

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