ML20247Q412

Ack Receipt of Util 890301 Response to Notice of Violation & Payment of Civil Penalty in Amount of $50,000.Appreciates Util Effort Made to Ascertain That Essential Svc Water Pipe in Question Would Maintain Pressure Under DBE Conditions

ML20247Q412
Person / Time
Site:	Wolf Creek
Issue date:	04/03/1989
From:	Lieberman J NRC OFFICE OF ENFORCEMENT (OE)
To:	Withers B WOLF CREEK NUCLEAR OPERATING CORP.
References
EA-88-282, NUDOCS 8904070123
Download: ML20247Q412 (3)

Text

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• 8 k NUCLEAR REGULATORY COMMISSION

$ E WASHINGTON, D. C. 20666

,,, APRe3 1989 Docket No. STN 50-482 License No. NPF-42 EA No.88-282 Wolf Creek Nuclear Operating Corporation ATTN: Bart D. Withers President and Chief Executive Officer P.O. Box 411 Burlington, Kansas 66839 Gentlemen:

SUBJECT:

REPLY TO NOTICE OF VIOLATION This is in response to your letter to me dated March 1,1989, in which the Wolf Creek Nuclear Operating Corporation (WCNOC) replied to the NRC's February 1,1989 Notice of Violation and Proposed Imposition of Civil Penalty and paid the civil penalty with an enclosed check for $50,000.

While I recogni::e that WCNOC chose not to contest the violation and proposed.

penalty, I do feel obligated to address the two points that you raised in your letter. .These two points were: 1) that WCNOC's position is that the pipe in question was never inoperable; and 2) that if NRC believes issues such as this warrant imposition of a civil penalty, the NRC should address and resolve them in a more timely manner.

On your first point, the NRC appreciates the effort WCNOC made following the enforcement conference to ascertain that the Essential Service Water pipe in question would have maintained its pressure retaining capability under Design Basis Earthquake conditions. However, the basis for NRC's position that the pipe (and therefore the ESW system) was inoperable is that no such analysis was conducted in 1987 when system erosion was detected, leading us to the conclusion that the system should have been declared inoperable at that time.

l On your second point, I will forgo any attempt at explanation and simply say that I and the Regional Administrator have discussed this and we agree that matters that rise to this level of importance within the NRC should indeed be addressed and resolved more promptly.

NRC acknowledges receipt of WCNOC's check for $50,000 in full payment of the proposed civil penalty and will monitor in future inspections the effectiveness of WCNOC's corrective actions for the violation.

Sincerely, f4^h- ,

ames Lieberman, Director Office of Enforcement ON"Z8besgogggg, PD (fik

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Wolf Creek Nuclear. Operating Corporation cc:

Kansas Radiation Control Program Director NRC Public Document Room Local Public Document Room I

i

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