ML20245E056

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $50,000.Violations Noted:On 881218,personnel Withdrew Group 3 Rods W/O First Inserting Regulating Rods 5- 7,thus Failing to Follow Steps Outlined in DB-PF-06203

ML20245E056
Person / Time
Site:	Davis Besse
Issue date:	04/21/1989
From:	Davis A NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:
Shared Package
ML20245E055	List: IR 05000346/1988037 ML20245E051 ML20245E056 ML20245E061 ML20245E064
References
EA-89-049, EA-89-49, NUDOCS 8905020004
Download: ML20245E056 (4)

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.' NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY Toledo. Edison Company Docket No. 50-346 Davis-Besse Nuclear Power Station License No. NPF-3 EA 89-049 During an NRC inspection conducted during the period December 1,1988 through February 10, 1989, violations of NRC requirements were identified. 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) the Nuclear Regulatory Commission 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:

I. VIOLATIONS ASSESED A CIVIL PENALTY A. Failure to Follow Procedures 10 CFR Part 50, Appendix B, Criterion V, requires, in part, that activities affecting quality be prescribed by documented instructions, procedures, or drawings. The activities shall be accomplished in accordance with these instructions, procedures, or ,

drawings, i

1. Davis-Besse Procedure DB-PF-06203, " Approach to Criticality" outlines the steps necessary to take the reactor from Hot Standby (Mode 3) to Startup (Mode 2) including the requirement' that all regulating rods be inserted, estimated critical position be calculated, and the Mode 2 checklist be completed.

Contrary to the above, at 0404, on December 18, 1988, with the reactor subcritical (Mode 3), Control Room personnel withdrew '

the Group 3 rods without first inserting regulating rods 5-7, ,

thus failing to follow the steps outlined in DB-PF-06203, )

" Approach to Criticality." Specifically, with the reactor subcritical, the licensee should have inserted all regulating rods, estimated critical position, and completed the Mode 2 checklist prior to taking the reactor critical.

2. Davis-Besse Procedure DB-0P-00005, " Operator Logs and Reading Sheets," outlines the instructions for maintaining narrative I logs to ensure that day-to-day operation of the plant is properly documented.

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1 8905020004 890421 PDR ADOCK OS)00346 Q PDC j

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Notice of Violation 2

a. Section 6.1.4 of DB-OP-00005, "Logkeeping," requires that late entries into the log be made by entering the words

" late entry" or "LE" to the left of the margin.

Contrary to the above, on December 18, 1988, during an incident where the Group 3 Safety Control Rods unexpectedly I

dropped into the core, the Shift Supervisor made a late entry, pertaining to the plant's entry into Mode 3, into the logbook which did not specify " late entry" or "LE" to the left of the margin. Specifically, the Shift Supervisor entered a statement at 0358 which read, " Group 3 safety rods dropped - Plant entered Mode 3."

l b. Section 6.1.1 of DB-0P-00005 requires that narrative logs shall be written in sufficient detail to enable the reconstruction of events which have occurred.

Contrary to the above, the Reactor Operator log did not contain sufficient detail to enable reconstruction of the December 18, 1988 Group 3 Safety Control Rod drop event.

Specifically, the log had only two entries relating to the event. The two entries were that the rods had dropped into the core and that Tave was less than 525 F. The log did not contain other occurrences such as the withdrawal of Group 3 rods, the subsequent insertion of those rods, and the insertion of the regulating rods.

B. Failure to Establish Procedures Technical Specification 6.8.1.a requires that written procedures be established for combating emergencies and other significant events, including events involving mispositioned control rods as listed in Appendix A of Regulatory Guide 1.33, November 1972.

Contrary to the above, on December 18, 1988, the licensee experienced a multiple control rod drop event and was unable to recover using Abnormal Procedure DB-0P-02516, "CRD Malfunctions." Specifically, DB-0P-02516 was inadequate, in that it did not contain guidance on 1 how to recover from multiple rod drop events as listed in Regulatory '

Guide 1.33, Appendix A.

Tnis is a Severity Level III problem (Supplement I).

Cumulative Civil Penalty - 550,000 (Assessed as follows: Violation A.1  ;

$30,000, Violations A.2.a and A.2.b 55,000 each., and Violation B $10,000.) l

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.' Notice of Violation 3 II. VIOLATION NOT ASSESSED A CIVIL PENALTY 1 1

10 CFR 50.72(b)(1)(ii)(C) requires that the licensee shall notify the NRC 1 as soon as practical and in all cases within one hour of any event or condition during operation that results in the nuclear power plant being in a condition not covered by the plant's operating and emergency

) procedures.

Contrary to the above, on Deu 6er 18,1988 with the plant in Mode 3, a recovery from a multiple dropped control rod event, a condition-not covered by plant operating and emergency procedures, was initiated and the NRC was not notified of that condition within one hour.

This is a Severity Level IV violation (Supplement I)

Pursuant to the provisions of 10 CFR 2.201, Toledo Edison Company (Licensee) is hereby required to submit a written statement or explanation to the Director, 1 Office of Enforcement, U.S. Nuclear Regulatory Commission, within 30 days of 1 the date of this Notice. This reply should be clearly marked as a " Reply to I 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; (3) the corrective actions that have beer. taken and the results achieved; (4) the corrective actions that will be taken to avoid further violations; and (5) the date when full compliance will be achieved.

If an adequato 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 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 as provided for the response required under 10 CFR 2.201,  !

the Licensee may pay the civil penalty by letter to the Director, Office  !

of Enforcement, U.S. Nuclear Regulatory Commission, with a check, draft, or money order payable to the Treasurer of the United States in the cumulative 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 issued. Should the Licensee elect to file an answer in accordance with 10 CFR 2.205 protesting the civil penalty, in whole or in 'j part, such answer should be clearly marked as an " Answer to a Notice of l 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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.- Notice of Violation 4 In requesting mitigation of the proposed penalty, the factors addressed in Section V.B of 10 CFR Part 2, Appendix C, 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., i 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 j 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 provision 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, i D.C. 20555, with a copy to the Regional Administrator, Region III, U.S. Nuclear  ;

Regulatory Commission, 799 Roosevelt Road, Glen Ellyn, Illinoif 40137 and a l copy to the NRC Insrector at Davis-Besse. ]

FOR THE NUCLEAR REGULATORY COMMISSION 8444 NA

[*A.BertDavis Regional Administrator Dated at Glen Ellyn, Illinois j

thisgf4 day of April 1989 l

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