ML20248J274
| ML20248J274 | |
| Person / Time | |
|---|---|
| Site: | Trojan File:Portland General Electric icon.png |
| Issue date: | 04/04/1989 |
| From: | Martin J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION V) |
| To: | |
| Shared Package | |
| ML20248J264 | List: |
| References | |
| 50-344-88-39, 50-344-88-46, EA-89-016, EA-89-16, NUDOCS 8904140378 | |
| Download: ML20248J274 (3) | |
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> RAND PROPOSED IMPOSITION OF CIVIL PENALTY Portland General Electric Company,.
Docket No.
50-344 l-Trojan Nuclear Plant License No.
NPF-1 EA 89-16 During theiNRC inspections conducted on August 8-12, October 24-27, November 28 December 1,1988 and January >18-19,1989, violations of NRC requirements were.
identified. lIn 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 the associated civil penalty are set forth below:
10 CFR Part 50, Appendix B, Criterion III, " Design Control," requires, in part, that measures shall be established to' assure that applicable regulatory requirements and the design basis are correctly translated into specifications, drawings, procedures, and instructions.
These measures shall include provisions to assure that appropriate quality standards are specified and included in design documents and that deviations from such standards are controlled. Measures shall also be established for the selection and review for suitability of application of materials, parts, equipment, and processes that are essential to the safety-related functions of the structures, systems, and components.
10 CFR Part 50, Appendix B, Criterion IV, " Procurement Document Control,"
requires that measures be established to assure that applicable regulatory requirements, design bases, or other requirements which are necessary to assure adequate quality are suitably included or referenced in the documents for procurement of material, equipment, and services. To the extent necessary, procurement documents shall require contractors or subcontractors to provide a quality assurance program consistent with the pertinent provisions of Appendix B.
10 CFR Part 50, Appendix B, Criterion X, " Inspection," requires, in part, that examinations, measurements, or tests of material or products processed shall be performed for each work operation where necessary to assure quality.
Contrary to the above, the licensee installed commercial grade components at the Trojan Nuclear Plant without adequately assuring their suitability for use in safety-related applications:
1.
During the 1987 outage, in response to Maintenance Request No. 87-4129, 14-inch Schedule 60 piping and fittings purchased from Liberty Equip-ment and weld metal purchased from 0xarc were installed inside con-i tainment to replace eroded Main Feedwater System piping.
The licensee failed to assure the proper selection and review for suitability of application of these materials for this safety-related application.
The licensee purchased these materials commercial grade without ade-quate audits to assure that the vendors fabricated the materials under a QA program consistent with the pertinent requirements 10 CFR Part 50, Appendix B, and without performing tests or examinations to assure the. quality of these materials.
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2.
Between August 1987 and June'1988, the licensee installed a time delay.
relay per Maintenance. Request No..87-5412.
The licensee had failed to assure adequate design control for the proper selection and review for the. commercial grade purchase of the-Agastat time' delay relay-(PO No. NQ-04064-05) used in the diesel-driven auxiliary feedwater pump in that critical characteristics of the relay were not properly evaluated and specified.
3.
Between May 2 and May 4, 1986, the licensee installed a pressure regulator valve per Maintenance Request No. 86-2180.
The licensee had failed to assure adequate design control for the proper selection i
and review for the commercial grade purchase of the pressure regulator valve (P0 No. NQ-02468) used in the emergency diesel air start system in that critical characteristics of the valve were not properly evaluated and specified.
This is a Severity Level III problem (Supplement I).
Cumulative Civil Penalty - $75,000 (assessed 75% for Violation 1 and 25%
equally divided between Violations 2 and 3).
Pursuant to the provisions of 10 CFR 2.201, Portland General Electric Company (Licensee), 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 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, 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 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 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 part, such answer should be clearly marked as an " Answer to a Notice of 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, such answer may request remission or mitigation of the penalty.
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Notice of Violation 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 civi1 cenalty(
,,A,Upon failure to pay any civil penalty due which subsequently has been determined
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in"accordance,with the applicable provisions of 10 CFR 2.205, this matter may be referred to lths Attorney General, and the penalty, unless compromised, remitted,
,' i or mitigated, may be collected by civil action pursuant to Section 234c of the'
<A.
Act, 42'U.S.C. 2282c.
4 The responses to" the Director', Office of Enforcement, noted above (Reply to a Notice of Violation, letter,with payment of civil penalties,~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,
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DC 20555, with a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, Region V, 1450 Maria Lane, Suite 210, Walnut Creek, California 94596, and a copy to Mr. R. Barr, Senior Resident Inspector, at the Trojan Nuclear Plant.
FOR THE NUCLEAR REGULATORY COMMISSION
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puJoO k,uRegionalAdministrQ Dated at Walnut Creek, CA on this t'*'4 day of April 1989.
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