ML20245G160

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $75,000.Violations Noted:Util Personnel Unable to Adequately Utilize Emergency Action Level Event Classification Guides for Certain Types of Accidents

ML20245G160
Person / Time
Site:	Limerick
Issue date:	08/10/1989
From:	Russell W NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:
Shared Package
ML20245G154	List: ML20245G151 ML20245G160
References
50-352-89-11, 50-353-89-17, EA-89-126, NUDOCS 8908150236
Download: ML20245G160 (3)

Text

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NOTICE OF VIOLATION i;

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PROPOSED IMPOSITION OF.~ CIVIL PENALTY

' Philadelphia Electric Company Docket Nos. 50-352 Limerick Generating Station 50-353 EA 89-126 l' License Nos. NPF-39 CPPR-107

-During an NRC inspection conducted on May 22-26, 1989 and June 7, l'989, 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 15, 1988) (Enforce-ment Policy),.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:

A. 10 CFR 50.54(q) requires a licensee to follow and maintain in effect

emergency: plans which meet the standards of 10 CFR 50.47(b) and Appendix E to this part. Specifically, Appendix E.IV.B (Assessment Actions) requires, in part, that emergency action levels are to be used for determining when and what type of protective measures should be considered within and outside the site boundary to protect the public's health and safety.

. Contrary lto the above, during walk-through drills conducted in May 1969 designed to test the licensee's ability to recognize and classify-emergency conditions, certain licensee-personnel could not adequately utilize.the Emergency Action Level-(EAL) Event Classification guides to classify certain types of accidents. Specifically, four of.the five shift _ superintendents, who are designated as Interim Emergency Directors during an emergency, could not adequately classify certain types of fast breaking severe accidents nor make appropriate Protective Action Recommendations (PARS).

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

Contrary to the above, at the time of the inspection in May 1989, deficiencies had not been corrected which were identified by a licensee

'. Nuclear Quality Assurance Department audit performed in November 1988, pursuant to the requirements of 10 CFR 50.54(t) (including inadequate staffing, no task analysis of the emergency preparedness program, quality of training and quality of the emergency exercise program).

These deficiencies were previously identified in 1986 and 1987' audits by the same' group and adequate corrective actions had not been taken.

OFFICIAL RECORD COPY CP PKG LIMERICK /EP - 0006.0.0 08/08/89 8908150236 890810 f PDR ADOCK 05000352 o PDC

,x Notice of Violation 2 l

These violations are classified in_ the: aggregate as a Severity Level III problem. (Supplement VIII)

Cumulative Civil Penalty - 575,000 (assessed equally among the violations) l Pursuant to the-provisions of 10 CFR 2.201, Philadelphia' Electric Company is I- hereby required to submit a written statement or explanation to the Director, Of fice 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 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 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 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 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 fail to answer.within the time specified, an order imposing the civil penalty I 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 factors addressed in Section V.B of 10 CFR Part 2, Appendix C (1988), 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 for imposing a civil penalty.

OFFICIAL RECORD COPY CP PKG LIMFRTCK/EP - 0007.0.0 08/08/89

Not' ice of Violation 3 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 I, 475 Allendale Road, King of Prussia, Pennsylvania 19406.

FOR THE NUCLEAR REGULATORY COMMISSION Original SigncH By VILLIAM T. EUSSELL William T. Russell Regional Administrator Dated pt King of Prussia, Pennsylvania this /d/4 day of August 1989 0FFICIAL RECORD COPY CP PKG LIMERICK /EP - 0008.0.0 08/08/89