ML20238C407

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $50,000.Noncompliance Noted:Failure to Declare Reactor Trip Breaker Inoperable Resulting in Improper Application of Tech Spec Action Statement

ML20238C407
Person / Time
Site:	Vogtle
Issue date:	09/03/1987
From:	Grace J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:
Shared Package
ML20238C391	List: ML20238C389 ML20238C407
References
EA-87-115, NUDOCS 8709100079
Download: ML20238C407 (3)

Text

- _ _ _ _ _

NOTICE OF VIOLATION AND PROPOSED IMPOSITI F 0F CIVIL PENALTY )

i Georgia Power Company Docket No. 50-424 Vogtle Electric Generating Plant License No. NPF-68 Unit 1 EA 87-115 During the Nuclear Regulatory Commission (NRC) inspections conducted on April 18 - May 22, 1987, and on May 23 - June 19, 1987, violations of NRC 3

requirements were identified. In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C (1987), 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 forth below:

A. Technical Specification (TS) 3.3.1 and associated Table 3.3-1 require, in part, that a minimum of two channels of the Reactor Trip Breaker (RTB) I functional unit of the Reactor Trip System (RTS) be operable in Modes 1 l and 2. l The associated action statement (Action Statement 10) requires that with the number of operable channels one less than the " minimum channels oper- ,

able" requirement, the unit must be in at least hot standby within six l hours; however, one channel may be bypassed for up to two hours for sur- ,

veillance testing per Technical Specification 4.3.1.1, provided the other l channel is operable.

Contrary to the above, on June 2,1987, one of the two RTS channels required for operation (one less than the minimum channel operable requirement) became inoperable in that the "B" RTB was bypassed for 8 hours9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br /> and 34 minutes with the unit in Mode 1 (power operation), and the unit was not placed in hot standby within six hours as required by Action Statement 10.

B. 10 CFR Part 50, Appendix B, Criterion XVI, requires, in part, that conditions adverse to quality such as deficiencies be promptly identified and corrected.

Contrary to the above, at 1:45 p.m. on April 28, 1987, the Residual Heat Removal Heat Exchanger outlet valves (1HV-0606 and 1HV-0607) were identified to be less than full open, and prompt actions were not taken to correct the deficiencies. The On-Shift Operations Supervisor did not recognize that the as-found valve positions affected the operability of the system as defined in the Technical Specifications. The valves were not restored to full open condition until 10:00 p.m. on Acril 29, 1987.

As a result of the partial closure of these valves, the RHR flow during the low pressure injection operation was calculated to be potentially below the minimum TS value of 3788 gpm. Train A was determined to be 3762 gpm (.7 percent below TS limit) and Train 8 to be 3686 (2.7 percent below TS limit).

G709100079 070903 F DR ADOCK 050 4

Notice of Viointion Collectively, these violations have been categorized as a Severity Level III violation (Supplement I).

Civil Penalty - $50,000 (assessed equally between the violations).

Pursuant to the provisions of 10 CFR 2.201, Georgia Power Company 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 Notice of 4 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 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 order may be issued to show cause 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 aathority of Section 182 of the Act, 42 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 to the Director, Office of Enfor. cement, U.S. Nuclear Regulatory Commission, with a check, draft, or money order payable to the Treasurer of the United States in the amount of the civil penalty proposed above, or the cumulative amount of the civil pen-alties 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 fail to answer within the time specified, an order imposing the civil penalty will be 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 violation (s) 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 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 l for imposing a civil penalty.

l  !

i I

l J

t . .- , ,

Notice of Violation 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, 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, U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555 with a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, Region II., 101 Marietta Street, N.W., Atlanta, Georgia 30323, and, if applicable, a copy to the NRC Resident Inspector, at the facility which is the subject of this Notice.

FOR THE NUCLEAR REGULATORY COMMISSION ORIGINAL SIGNED BY:

1. NELSGN GRACE J. Nelson Grace Regional Administrator Dated at Atlanta, Georgia ,

this$hddayofSeptember1987

?

- .h .

g e I

g h h 4

s S

I l

1 I

l l

9E 6 y 8- d3s L8bt S0-08HSA

_ _ _ _ _ _ _ _ _ - _ _ - - _ _ _ _ - _ _ _ _ _ _ _ _ _ _ _ - - _ _ _ _ _ _ - _ _