ML20247F835

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Responds to Withdrawing Portion of Case 860131 Request for Remedial Relief Re Expiration of Cp.Civil Penalty Not Imposed Based on Util Extensive Corrective Action Program & Improvements in Mgt Policies
ML20247F835
Person / Time
Site: Comanche Peak Luminant icon.png
Issue date: 05/16/1989
From: Charemagne Grimes
Office of Nuclear Reactor Regulation
To: Garde B
GARDE, B.P.
References
EA-88-278, NUDOCS 8905300195
Download: ML20247F835 (5)


Text

l, , t, May 16, 1989 i

Ms. Billie Pirner Garde, Esq.

[

Garde Law Office 104 East Wisconsin Avenue Appleton, Wisconsin 54911-4897

Dear Ms. Garde:

SUBJECT:

EXPIRATION OF CONSTRUCTION PERMIT FOR COMANCHE PEAK, UNIT 1 The purpose of this letter is to respond to your letter of August 8,1988, withdrawing that portion of CASE's January 31, 1986 request for remedial relief concerning the expiration of the construction pennit for Comanche Peak Unit 1, which was being considered by the staff in accordance with 10 CFR 2.206. The withdrawal of that petition was based on the settlement agreement reached between CASE, TV Electric and the NRC. Your August 8, 1988 letter emphasized, however, that you did not withdraw your request for some type of escalated enforcement action, and left any such decision to the discretion of the NRC Office of Enforcement.

On February 28, 1989, a Notice of Violation, Enforcement Action EA 88-278 (Enclosure 1), was issued to TV Electric and related to the matter of TV Electric's failure to submit a timely application for extension of the con-struction permit for Comanche Peak Steam Electric Station, Unit 1. The violation, although apparently attributed to an administrative oversight by TU Electric, demonstrated a significant failure to adequately monitor a regulatory constraint.

As a result, the violation was classified as a Severity Level III violation.

However, in coordination with the Office of Enforcement and with the approval of the Commission, enforcement discretion was exercised in this case and a civil penalty was not imposed. The decision not to issue a civil nenalty took into consideration the extensive corrective action programs just getting under way at

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j the time of the violation, the considerable improvements in management policies j and procedures that have evolved during the implementation of the corrective action programs, and the age and overall safety significance of the violation.

j We consider that the issuance of the enforcement action closes the remaining I portion of your January 31, 1986 filing. If you have any questions please I contact me at (301) 492-3299.

Sincercly, Christopher I. Grimes, Director Comanche Peak Project Division Office of Nuclear Reactor Regulation

Enclosure:

DISTRIBUTION: l EA 88-278 DocketFile(No;50-445)~~ RWarnick l' NRC PDR MMalloy cc: See next page LPDR MFields CPPD Reading JLieberman, OE ADSP Reading JMoore, 0GC DCrutchfield 890530 PDR A g [ ffj45 PDC CGrimes PFMcKee

" JHWilson be,c prewtcoS Concoercoce

  • AD:CPPD:NRR
  • D:CPPD:NRR JHWilson:cm PFMcKee D:CPPD:NR CIGrimes f

05/16/89 05/16/89 05/ g/89 I

., ,'. May 160 1989 i l

Ms. 81111e Pirner Garde, Esq. l Garde Law Office l 104 East Wisconsin Avenue Appleton, Wisconsin 54911-4897 l

Dear Ms. Garde

)

EXPIRATION OF CONSTRUCTION PERMIT FOR COMANCHE PEAK, UNIT 1 I

SUBJECT:

The purpose of this letter is to respond to your letter of August 8,1988, I concerning the withdrawal of that portion of CASE's January 31, 1986 request for remedial relief in relation to the expiration of the construction permit on Comanche Peak. The withdrawal of that petition was based on the settlement agreement reached between CASE, TV Electric and the NRC. Your August 8, 1988 letter emphasized, however, that you did not withdraw your request for some type of escalated enforcement action, and lef t any such decision to the dis-cretion of the NRC Office of Enforcement.

We would specifically like to bring to your attention Enforcement Action EA 88-278 (Enclosure 1), issued on February 28, 1989, in which a Notice of Violation was issued to TV Electric and related to the matter of TV Electric's failure to submit 1 a timely application for extension of the construction permit for Comanche Peak Steam Electric Station, Unit 1. The violation, which appears to have been an administrative oversight by TV Electric, demonstrated a significant failure to adequately monitor a regulatory constraint. As a result, the violation was classified as a Severity Level III violation. However, in coordination with the Office of Enforcement end with the approval of the Commission, enforcement dis-cretion was exercised in this case and a civil penalty was not imposed. The cecision not to issue a civil penalty took into consideration the extensive corrective action programs just getting under way at the time of the violation, the considerable improvements in management policies and procedures that have evolved during the implementation of the corrective action programs, and the age and overall safety significance of the violation.

We ccnsider that the issuance of the enforcement action closes the remaining portion of your January 31, 1986 filing. If you have any questions please contact me at (301) 492-3299.

Sincerely, Christopher I. Grimes, Director Comanche Peak Project Division Office of Nuclear Reactor Regulation

Enclosure:

DISTRIBUTION:

EA 88-278 Docket File (No. 50-445) RWarnick HRC PDR MMalloy cc: See next page LPDR MFields CPPD Reading - JLieberman, CE ADSP Reading s JMoore, 0GC DCrutchfield CGrimes PFMcKee JUWilson h AD:CPPD:NRR D;hhR D:CPPD:NRR n R nee CIGrimes N JHWilsog 05/// /8 p /p/89 05/ /89 / )(.,/89

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,8-o, UNITED STATES l o NUCLEAR REGULATORY COMMISSION f $ WASHINGTON, D. C. 20655 f,

.....[ May 16, 1989.

Ms. Billie'Pirner Garde. Esq.

Garde Law Office 104 East Wisconsin Avenue

.Appleton, Wisconsin. 54911-4897

Dear Ms. Garde:

SUBJECT:

EXPIRATION OF CONSTRUCTION PERMIT FOR COMANCHE PEAK, UNIT 1 The purpose.of this letter is to respond to your letter of August 8,1988, withdrawing that portion of CASE's January 31, 1986 request for remedial relief concerning the expiration of the construction pennit for Comanche Peak Unit 1,.

which was being considered by the staff in accordance with 10 CFR 2.206. The withdrawal of that petition was based on the settlement agreement reached between CASE, TU Electric and the NRC. Your August 8, 1988 letter emphasized, however, that you did not withdraw your request for some type of escalated enforcement ,

action, and left any such decision to the discretion of-the NRC Office of i Enforcement.

On February 28, 1989, a Notice of Violation. Enforcement Action EA 88-278 (Enclosure 1), was issued to TU Electric and related to the matter of TV Electric's failure to submit a timely application for extension of the con-struction permit for Comanche Peak Steam Electric Station, Unit 1. The violation, although apparently attributed to an administrative oversight by TV Electric, demonstrated a significant . failure to adequately monitor a regulatory constraint.

As a result, the violation was classified as a Severity Level III violation.

However, in coordination with the Office of Enforcement and with the approval of the Cassiission, enforcement discretion was exercised in this case and a civil penalty was not imposed. The decision not to issue a civil penalty took into .

consideration the extensive corrective action programs just getting under way at ,

the time of the violation, the considerable improvements in management policies J and procedures that have evolved during the implementation of the corrective action programs, and the age and overall safety significance of the violation.

We consider that the issuance of the enforcement action closes.the remaining portion of your January 31, 1986 filing. If you have any questions please contactmeat(301)492-3299.

Sincerely,

. l JA Christoph e I. Grimes, Director Comanche Peak Project Division Office of Nuclear Reactor Regulation 1 l

Enclosure:

EA 88-278 i cc: See next page

2 , 3 e e q a .

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i cc: Asst. 0trector for Inspec. Programs

                                                                      -Joseph F. Fulbright-Comanche Peak Project Division         Fulbright & Jaworski U.S. Nuclear Regulatory Commission     1301 McKinney Street P. O. Box 1029                         Houston, Texas 77010 Granbury, Texas 76048 Roger D. Walker Regional' Administrator, Region IV'    Manager, Nuclear Licensing L                                U.S. Nuclear Regulatory Commission     Texas Utilities Electric Company 611 Ryan Plaza Drive, Suite 1000       Skyway Tower Arlington, Texas 76011                 400 North Olive Street, L.B. 81 Dallas, Texas 75201 Lanny A. Sinkin Christic Institute                     Texas Utilities Electric Company c             1324 North Capitol Street              c/o Bethesda Licensing Washington, D.C. 20002              3 Metro Center, Suite 610 Bethesda, Maryland 20814 Ms. Billie Pirner Garde, Esq.

Garde Law Office William A. Burchette, Esq. 104 East Wisconsin Avenue Counsel for Tex-La Electric Cooperative Appleton, Wisconsin 54911 of Texas Heron, Burchette, Ruckert & Rothwell Susan M. Theisen 1025 Thomas Jefferson Street, NW

                     ,          Assistant Attorney General             Washington, D.C. 20007 Environmental Protection Division P. O. Box 12548, Capitol Station       GDS ASSOCIATES, INC.

Austin, Texas 78711-1548 Suite 720 1850 Parkway Place Mrs. Juanita Ellis, President Marietta, Georgia 30067-8237 Citizens Association for Sound Energy 1426 South Polk Dallas, Texas 75224 E. F. Ottney P. O. Box 1777 Glen Rose, Texas 76043 George A. Parker, Chairman Public Utility Committee Senior' Citizens Alliance of Tarrant County, Inc. 6048 Wonder Drive Fort Worth, Texas 76133 Mr. W. J. Cahill, Jr. Executive Vice President, Nuclear Texas Utilities Electric Company 400 No. Olive Street, L.B. 81 Dallas, Texas 75201

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cc:- .. . l :Mr. Paul Gosselink-  !

                                                            -Attorney General's Office l                                                                                                                     i P. Os Box 12548, Capitol Station               .j
                                                              ' Austin..-Texas 78711                                 ]

Texas Radiation Control Program Director  ! Texas Department of. Health 1100 West 49th Street Austin, Texas 78756 Office of the Governor ATTN: Darla Parker Office'of Intergovernmental Relations P. O. Box 13561 Austin, Texas 78711 Honorable George Crump County Judge Glen Rose, Texas 76043 Honorable Milton Meyer . County. Judge Hood County Courthouse Granbury Texas 76048

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                                         . NUCLEAR REGULATORY COMMISSION                    '
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                                                        ' FEB 2 81989 Docket No. 50-445 License No. CPPR-126-EA 88-278 Mr. William J. ' Cahill . Jr.

Executive Vice President, Nuclear Texas Utilities Electric Company 400 North Olive Street, L. B. 81 Dallas, Texas 75201

Dear Mr. Cahill:

SUBJECT:

NOTICE OF. VIOLATION This relates to the matter of the expiration of the facility construction permit CPPR-126 for the Comanche Peak Steam Electric Station, Unit 1. This situation was brought to your attention during discussions with the NRC on January 28, 1986. The violation described in the enclosed Notice of Violation involves your failure to submit a timely application for extension of your construction permit. The construction permit originally was issued on December 19, 1974, extended once in 1982, and expired on August 1, 1985. No timely request to extend the construction permit was filed pursuant to 10 CFR 2.109. However, construction activities were continued until January 29, 1986 despite the expired construction permit, at which time you filed a request for an extension. This omission, which appears to have been due to an administrative oversight on your part, demonstrated a significant failure to adequately monitor a regulatory coatraint. It was incumbent on you, as an NRC licensee, to assure that administrative actions necessary prior to the expiration date were taken on a timely basis and your failure has led to needless expenditure of time and resources by the Comission. The NRC recognizes that its regulatory activities did not change substantially with the expiration of the construction permit on August 1,1985 and that the staff issued an extension of the pennit on February 10, 1036. While the failure did not have a direct safety impact, the lack of adequate administrative controls and sensitivity to regulatory requirements to assure schedules ar2 set could potentially lead to violations with serious consequences. Therefore, the failure of TV Electric to submit a timely request for extension to the NRC to assure that requirements are met u a timely manner is a significant regulatory concern. In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C (1988), the violation described in the encloscd Notice has been classified as a Severity Level III "folation. A civil penalty is considered for a Severity Level III violation. nowever, after consultation with the Commission and the Deputy Executive

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FEB 2 81989 ) Mr. William J. Cahill, Jr. - 2'- Director for Regional Operations, I have decided to' exercise enforcement discretion and not propose a civil penalty in this case. The extensive corrective action programs which were just getting under way at the time of the violation, but which had not yet been fully implemented, have since resulted in considerable improvements in management policies and procedures. This corrective action, as well as the age of the violation and overall. safety significance of the violation, were considered in this decision. Furthermore, it does not appear likely that this particular violation will be repeated. You are required to respond to this letter and should follow the instructions specified in the encloind 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 4termine whether further NRC enforcement action is necessary to ensure compliance with NRC regulatory requirements. In accordance with Section 2.790 of the NRC's " Rules of Practice," Part 2 Title 10 Code of Federal Regulations, a copy (,f this letter and and its enclosure will be placed in the NRC Public Document Room. The responses directed by this letter and its enclosure are not subject to the clearance procedures of the Office of Management and Budget as required by the Paperwork Reduction Act of 1980 P.L. No. 96-511. Sincerely, fh)LY Dennis M. CrutchffElif, Aping ATsociate Director for Special Projects Office of Nuclear Reactor Regulation

Enclosure:

Notice of Violation cc w/ enclosure: See next page

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     .I Mr. William 'J.- Cahill, Jr. -                              FEB 2 8 NM cc w/ enclosure:

Jack .R.: Newman, Esq. Asst. Director for Inspec. Programs Newman & Holtzinger, P.C. . Comanche Peak Project Division Suite 1000- U.S. Nuclear' Regulatory Commission 1615 L Street, N.W. P. O. Box 1029 Washington, D.C.-20036 Granbury . Texas 76048 Robert A. Wooldridge, Esq. Regional- Administrator, Region IV Worsham, Forsythe, Sampels & U.S. Nuclear Regulatory Commission Wooldridge 611 Ryan' Plaza Drive. Suite 1000 i 2001 Bryan Tower Suite 2500 Arlington, Texas 76011 Dallas, Texas 75201 Lanny A. Sinkin Mr. Homer C. Schmidt Christic Institute Director of Nuclear Services 1324 North Capitol Street Texas Utilities Electric Company Washington, D.C. 20002 Skyway Tower 400 North Olive Street, L.B. 81 Ms. Billie Pirner Garde Esq. Dallas. Texas 75201 Garde Law Office 104 East Wisconsin Avenue Mr. R. W. Ackley Appleton. Wisconsin 54911 Stone & Webster Coman-he Peak Steam Electric Station - David R. Pigott, Esq. P. O. Box 1002 Orrick, Herrington & Sutcliffe Glen Rose, Texas 76043 600 Montgomery Street San Francisco, California 94111. Mr. J.'L. Vota Westinghouse Electric Corporation E. F. Ottney P. 0. Box 355 P. O. Box 1777 Pittsburgh, Pennsylvania 15230 Glen Rose, Texas 76043 Susan M. Theisen George A. Parker, Chairman Assistant Attorney General Public Utility Committee Environmental Protection Division Senior Citizens Alliance of P. O. Box 12548, Capitol Station Tarrant County, Inc. Austin, Tex #s 78711-1548 6048 Wonder Drive Fort Worth, Texas 76133 Mrs. Juanita Ellis, President Citizens Association for Sound Energy 1426 South Polk Dallas, Texas 75224 Ms. Nancy H. Williams CYGNA Energy Services 2121 N. California Blvd., Suite 390 Walnut Creek, CA 94596

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Mr. William J. Cahill, Jr. FEB 2 81989 ccw/ enclosure (continued) Joseph F. Fulbright Honorable George Crump Fulbright & Jaworski County Judge 1301 McKinney. Street Glen Rose, Texas 76043 Houston, Texas 77010 Honorable Milton Meyer Roger D. Walker County Judge Manager, Nuclear Licensing Hood County Courthouse Texas Utilities Electric Company Granbury, Texas 76048 Skyway Tower 400 North Olive Street, L.B. 81 Dallas, Texas 75201 Texas Utilities Electric Company c/o Bethesda Licensing 3 Metro Center, Suite 610 Bethesda, Maryland 20814 William A. Burchette, Esq. Counsel for Tex-La Electric Cooperative of Texas Heron, Burchette, Ruckert & Rothwell Suite 700 1025 Thomas Jefferson Street, NW Washington, D.C. 20007-GDS ASSOCIATES, INC. Suite 720 1850 Parkway Place Marietta, Georgia 30067-8237 Mr. Paul Gosselink Attorney General's Office P. O. Box 12548, Capitol Station Austin, Texas 78711 Texas Radiation Control Program Director Texas Department of Health 1100 West 49th Street Austin, Texas 78756 Office of the Governor ATTN: Darla Parker Office of Intergovernmental Relations P. O. Box 13561 Austin, Texas 78711

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   .-                      .                                                                                    j NOTICE OF VIOLATION Texas Utilities Electric Company               Docket No. 50-445 Comanche Peak Steam Flectric Station           License No. CPPR-126                f Unit 1                                         EA 88-278 During discussions with the NRC on January 28, 1986, 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 (1988), the violation is listed below:

10 CFR 50.10(b) states that no person shall begin the construction of a production or utilization facility on a site on which the facility is to be operated until a construction permit has been issued. 10 CFR 50.55(b) states that if construction of a facility is not completed by the latest completion date, the permit shall expire and all rights thereunder shall be forfeited. 10 CFR 2.109 provides that if a timely application is made at least thirty days prior to the expiration date, the existing license will be deemed not to have expired. Contrary i.o the above, Construction Pennit CPPR-126 expired on August 1, 1985 and although the applicant failed to file a timely request for extension as provided by 10 CFR 2.109, activities at Unit 1 for which a

              -                    construction permit is required continued until at least January 29, 1986, at which time the applicant filed for an extension. The extension was approved by the staff on February 10, 1986.

l This is a Severity Level III violation (Supplement II). Pursuant to the provisions of 10 CFR 2.201, Texas Utilities Electric Company (applicant) 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 the letter transmitting this Notice. This reply should be clearly marked as a " Reply to a Notice of Yiolation" and should include: (1) adetsston or denial of the violation, (2) the reason for the violation if admitted, (3) the corrective steps which have been taken and the resultsachieved,(4)thecorrectivestepswhichwillbetakentoavoid 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, 1 l

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an order'may be issued to show cause why the license should not be modified, suspended, cr r:~cked or why such other action as may be proper should not be { taken. Consideration may be given to extending the response time for good I cause shown. , FOR THE NUCLEAR REGULATORY COMMISSION ennis M. Cru hfied.Ac{gAssociateDirector for Special . Projects Office of Nuclear Reactor Regulation Dated at Rockville, Maryland this 28thday of February 1989. l

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