ML20245E051

Forwards Insp Rept 50-346/88-37 on 881201-890210 & Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $50,000.Violations Cited Indicative of Significant Breakdown in Control of Licensed Activities in Control Room

ML20245E051
Person / Time
Site:	Davis Besse
Issue date:	04/21/1989
From:	Davis A NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:	Edelman M TOLEDO EDISON CO.
Shared Package
ML20245E055	List: IR 05000346/1988037 ML20245E051 ML20245E056 ML20245E061 ML20245E064
References
EA-89-049, EA-89-49, NUDOCS 8905020002
Download: ML20245E051 (4)

See also: IR 05000346/1988037

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April 21, 1989 i

Docket No. 50-346

License No. NPF-3

EA 89-49

Toledo Edison Company

ATTN: Mr. Murray R. Edelman

President

Edison Plaza

300 Madison Avenue

Toledo, Ohio 43652

Gentlemen:

SUBJECT: NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY

(NRC INSPECTION REPORT NO. 50-346/88037[DRP])

This refers to an NRC inspection conducted during the period December 1, 1988

through February 10, 1989, which included review of an improper reactor

startup event on December 18, 1988, at the Davis-Besse Nuclear Power Station

in Oak Harbor, Ohio. The results of the inspection were described in the

inspection report sent to you on February 24, 1989 On March 3, 1989, we held

an enforcement conference with Mr. D. Shelton and others of your staff to

discuss the violations, root causes, and corrective actions.

On December 18, 1988, at 0358, the Davis-Besse reactor was operating at

approximately two percent power when the control rod Group 3 safety rods

dropped into the reactor core as a result of a personnel error during

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maintenance troubleshooting. Operators in the Control Room erroneously assumed I

that the reactor was critical and started to recover the Group 3 rods despite

indications that the reactor remained subcritical. As temperature decreased

to approximately 525 F, the operators realized that this was the minimum

temperature allowed by Technical Specifications for a critical reactor and at

0405 inserted the Group 3 rods into the core. At 0406 the operators proceeded

to shut down the reactor.

Four violations of NRC requirements were identified as a result of the

inspection conducted following this event and include: (1) failure to follow

the Davis-Besse " Approach to Criticality" procedtre; (2) failure to establish

a procedure for mispositioned control rods; (3) failure to provide sufficient

information in narrative logs to enable reconstruction of events, and

(4) failure to properly log late entries.

The violations cited are indicative of a significant breakdown in the control

of licensed activities in the Control Room. The NRC is particularly concerned

with the performance of individuals in the Control Room during the event. /11

Control Room personnel at the time of the Group 3 rod drop, assumed the reactor

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8905020002 890421

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Toledo-Edison Company- 2 April 21, 1989

was still' critical despite indications to the contrary. The Shift Supervisor

directed that the Group 3 rods be latched and withdrawn even though the Shift ,

Technical Advisor had recommended that the plant be tripped since it was inLa

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condition not covered by procedures. Once the Duty Operations Manager arrived i

in the Control Room, he observed that the reactor wasLsubcritical and that a -l

cooldown of RCS was in progress. However, after making his initial assessment, -!

he made no recommendations to the Shift Supervisor contributing to the crew's

failure to recognize the event and take appropriate actions. While the

technical aspects of this event were not of high safety significance, we

believe the performance of the crew in responding to the event was seriously

deficient.

After this event, you removed the involved shift supervisor from his control

room operating crew responsibilities, and presently are re-evaluating his

performance as shift supervisor. On March 10, 1989, we issued a Confirmatory

Action Letter confirming your cemitnwat to inform the NRC Region:III office  !

of your basis for returning that Shift Supervisor to operating crew licensed' i

responsibilities. l

!

To emphasize the importance of operator attention and maintaining control l

of licensed activities in the Control Room, I have been authorized, after

consultation with the Director, Office of- Enforcement, and the Deputy Executive

Director for Nuclear Materials Safety, Safeguards and: Operations Support, to

issue the enclosed Notice of Violation and Proposed Imposition of. Civil Penalty

in the amount of Fifty Thousand Dollars ($50,000) for the violations described

in the enclosed Notice. In accordance with the " General Statement of Policy

and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C,-53

Fed. Reg. 40019 (October 13, 1988) (Enforcement Policy), the violations

described in the enclosed Notice have been categorized.in the aggregate as a

Severity Level III problem. The escalation and mitigation factors in the

Enforcement Policy were considered, and no adjustment has been deemed

appropriate.

The violation in Section II of the enclosed Notice was not specifically discussed q

at the enforcement conference. However, after considering your interpretation .I

of the words "during operation", contained in 10 CFR 50.72(b)(1)(ii), the NRC l

concluded that it was improper. Operation of the plant involves many activities 1

that take place prior to the plant achieving criticality, which is the point at f

which you assert " operations" begins. Clearly, withdrawing control rods in 1

order to achieve criticality is a significant evolution which involves operating

l the plant. Given that this evolution was performed at Davis-Besse on

December 18, 1988, without proper procedural guidance, it should have been

reported to the NRC within one hour pursuant to 10 CFR 50.72 (b)(1)(ii)(C).

You are required to respond to this letter and should follow the instructions

specified in the enclosed Notice when preparing your response. In your

response, you should document the specific actions taken and any additional

actions you plan to prevent recurrence. .After reviewing your response to this.

Notice, including your proposed corrective actions and the results of future

inspections, the NRC will determine whether further NRC enforcement action is

necessary to ensure compliance with NRC regulatory requirements- I

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Toledo Edison'. Company 3 April 21, 1989

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In accordance with Section 2.790 of the NRC's " Rules of Practice," Part 2,

Title 10, Code of Federal Regulations, a copy of th's letter.'and its enclosure

will be placed in the NRC Public Document Room. j

The responses directed by this letter and the enclosed Notice are not subject

to the clearance procedures of the Office of Management'and Budget, as required

I by the Paperwork Reduction Act of'1980, Pub. L., No.96-511.

Sincerely, j

Original. signed by

C. E. Norelius

A. Bert Davis

Regions 1 Admin'istrator

Enclosures:

1. Notice of Violation and

Proposed Imposition

of Civil Penalty

2. Inspection Report

No. 50-346/88037(DRP))

cc w/ enclosures:

' Donald Shelton, Vice President,

Nuclear

L. Storz, Plant Manager

DCD/DCB (RIDS)

Licensing Fee Management Branch

Resident Inspector, RIII

Harold W. Kohn, Ohio EPA

James W. Harris, State of Ohio

Roger Suppes, Ohio

Department of Health

State of Ohio, Public

Utilities Commission

RII R RIII RIII

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Toledo Edison Company 4 April 21, 1989

Distribution

SECY

CA

OGPA

DCD/DCB(RIDS)

J. M. Taylor, DEDR

H. Thompson, DEDS

J. Lieberman, OE

L. Chandler, OGC

T. Murley, NRR

RAO:RIII

PAO:RIII

SLO:RIII

M. Stahulak, RIII

Enforcement Coordinators,

RI, RII, RIV, and RV

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