ML20246J330

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $25,000.Violations Noted:Failure to Implement Portion of QA Program in That Conditions Adverse to Quality Not Promptly Identified & Corrected

ML20246J330
Person / Time
Site:	North Anna
Issue date:	04/21/1989
From:	Ebneter S NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:
Shared Package
ML20246J327	List: ML20246J322 ML20246J330
References
EA-88-311, NUDOCS 8905170050
Download: ML20246J330 (3)

Text

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NOTICE OF VIOLATION AND PROPOSED IMPOSITIDT0F CIVIL PENAL _Tj[

Virginia Electric & Power Company Docket Nos. 50-338 and 50-339 North Anna Power Station License Nos. NPF-4 and NPF-7 Units I and 2 EA 88-311 As a result of the Nuclear Regulatory Commission (NRC) inspections conducted on November 17, 1986 - January 11, 1987; January 12 - February 20, 1987; June 17 -

August 18, 1987; January 25-29 and February 8-12, 1988; September 17 -

November 4, 1988; and December 31, 1988 - February 2,1989, a violation of NRC requirements was 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 violation and associated civil penalty are set forth below:

10 CFR Part 50, Appendix B, Criterion XVI, requires, in part, that measures shall be established to assure that conditions adverse to quality, such as failures, malfunctions, deficiencies, deviations, defective material and equipment, and nonconformances are promptly identified and corrected.

In the case of significant conditions adverse to quality, the measures shall assure that the cause of the condition is determined and corrective action is taken to preclude repetition.

Contrary to the above, the licensee failed to implement that portion of its Quality Assurance Program dealing with Criterion XVI of Appendix B, in that conditions adverse to quality were not promptly identified and corrected as evidenced by the following examples:

1. In June 1986, the licensee failed to identify and correct a control room emergency ventilation system flow rate that did not meet the requirements of Technical Specification 3.7.7.1. Additionally, prior to December 1986, the licensee failed to identify and between December 1986 and January 1989, the license failed to correct deficiencies in the control room bottled air system which resulted in differential pressures between the control room and several adjacent compartments being outside the limits of Technical Specification 3.7.7.1.

2. Between April 1987 and January 1989, the licensee failed to take adequate corrective actions to correct the degraded air quality in the instrument air system. Specifically, following an April 1987 water intrusion event, the licensee failed to adequately address the presence of water in the system and failed to identify the potential for and later correct the presence of an excessive level of oil.

This is a Severity Level III violation (Supplement I).

Civil Penalty - $25,000 Pursuant to the provisions of 10 CFR 2.201, Virginia Electric and Power Company (licensee) is hereby required to submit a written statement or explanation to

.8905170050 890421 PDR ADOCK 05000338 Q PDC

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Notice of Violation 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 Violation" and should include: (1) admission or denial of the violation, (2) the reasons for the violation if admitted, (3) the corrective steps that have been taken and the results achieved, (4) the correc-tive steps which 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, 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 addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, with a check, draft, or money order payable to the Treasurer of the Unit ed States in the amount of the civil penalty proposed above, or may protest -

dion of the civil penalty in whole or in part by a written answer addrea to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commissia . 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: (!) deny the violation 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, 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.

Upon failure to pay the penalty due, which has been subsequently determined 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. 2282.

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, l

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Notice of Violation l U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555, with a copy to the Regional Administrator, Region II and a copy to the NRC Resident Inspector at the North Anna Power Station.

FOR THE NUCLEAR REGULATORY COMMISSION Original sigr.ed by MLErnst Stewart D. Ebneter Regional Administrator Dated at Atlanta, Georgia this Alef day of April 1989 1

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