ML20249B366
| ML20249B366 | |
| Person / Time | |
|---|---|
| Site: | Oyster Creek |
| Issue date: | 06/15/1998 |
| From: | NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | |
| Shared Package | |
| ML20249B365 | List: |
| References | |
| EA-98-220, NUDOCS 9806220367 | |
| Download: ML20249B366 (3) | |
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ENCLOSURE NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY GPU Nuclear, incorporated Docket No. 50-219 Oyster Creek Nuclear Generating Station License No. DPR-16 EA No.98-220 During an NRC inspection conducted between February 23,1998, and April 2,1998, for which exit meetings were held on March 20,1998 and April 8,1998, violations of NRC requirements were identified. In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," NUREG-1600, the NRC 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 Part 50, Appendix B, Criterion 111 (Design Control), requires, in part, that measures shall be established to assure that applicable regulatory requirements and the design bases, as defined in 550.2 and as specified in the license application, for those structures, systems, and components to which this appendix applies, are correctly translated into specifications, drawings, procedures, and instructions. In addition, it requires in part, that the design control measures shall provide for verifying or checking the adequacy of design, such as by the performance of design reviews, by the use of alternate or simplified calculational methods, or by the performance of a suitable testing program.
Technical Specification 3.4.B.1, Automatic Depressurization System, requires that the five esectromatic relief valves of the automatic depressurization system shall be operable when the reactor water temperature is greater than 212 degrees and pressurized above 110 psig.
Contrary to the above, prior to March 4,1998, the licensee failed to establish adequate l
design control measures to verify or check the adequacy of design voltage required for the Automatic Depressurization System (ADS) Electromatic Relief Valve (EMRV) solenoids to function under design basis accident conditions. Specifically, the licensee had not established a minimum required operating voltage, nor a minimum available voltage at the solenoid terminals during a design basis accident scenario, and therefore, could not certify that the EMRVs (and the related ADS) would operate in a design basis accident scenario.
As a result, only two of the five EMRVs would have been functional to depressurize the reactor on a small break loss of coolant accident (SBLOCA) condition, concurrent with a Loss of Offsite Power and a single failure of emergency diesel generator #2 (specifically, Battery B Charger) contrary to TS 3.4.B.1.
(01013) i 9806220367 980615 PDR ADOCK 05000219 G
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' B.
10 CFR 50.49(f) requires that each item of electrical equipment important to safety
- chall be qualified.10 CFR 50.49(k) allows certain electrical equipment to be qualified in accordance with " Guidelines for Evaluating Environmental Qualification of Class.1E Electrical Equipment in Operating Reactors,' November 1979 (DOR Guidelines).
o DOR Guidelines,'Section 5.2, Qualification by Type testing, item 5, requires that operational modes tested should be representative of the actual application requirements (e.g. ~ motor and electrical cable loading during the test should be representative of actual operating conditions). In addition, item 6, requires that the equipment qualification program should include an as-built inspection in the field to verify that equipment was installed as it was tested.
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- Contrary to the above, from November 1984 to March 1998, the application requirement for the five ADS EMRV solenoids in the EQ documentation (EQ-OC-301 dated August 1,1989) was not representative of the field installation and actual operating condition.
No analysis was performed to vtlidate the established qualification voltage (a minimum of 105 volts do). (01023)
These violations are classified in the aggregate as a Severity Level lil Problem (Supplement 1).
Civil Penalty - $55,000.
Pursuant to the provisions of 10 CFR 2.201, GPU Nuclear, Incorporated (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 of Violation and Proposed imposition of Civil Penalty (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, and if denied, the reasons why, (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 or a Demand for Information may be issued as 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, money order, or electronic transfer 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
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. 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 violation (s) listed in
- this Notice, in whole or'in part, (2) demonstrate extenuating circumstances, (3) show error in 4
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this Notice, or (4) show other reasons why the penalty should not be imposed in addition to protesting the civil penalty in whole or in part, such answer may request remission or mitigation of the penalty.
In requesting mitigation of the proposed penalty, the factors addressed in Section VI.B.2 of the Enforcement Policy 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 any civil penalty due which subsequently has been 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. 2282c.
The response noted above (Reply to Notice of Violation, letter with payment of civil penalty, and Answer to a Notice of Violation) should be addressed to: J. Lieberman, Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, One White Flint North,11555 Rockville Pike, Rockville, MD 20852-2738,with a copy to the Regional Administrator, U.S. Nuclear Regulatory. Commission, Region I and a copy to the NRC Resident inspector at the facility that is the subject of this Notice.
Because your response will be placed in the NRC Public Document Room (PDR), to the extent possible, it should not include any personal privacy, proprietary, or safeguards information so that it can be placed in the PDR without redaction. If personal privacy or proprietary information is necessary to provide an acceptable response, then please provide a bracketed copy of your response that identifies the information that should be protected and a redacted copy of your response that deletes such information. If you request withholding of such material, you must specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim of withholding (e.g., explain why the disclosure of information will creata an unwarranted invasion of personal privacy or provide the information required by 10 CFR 2.790(b) to support a request for withholding confidential commercial or financial information). If safeguards information is necessary to provide an acceptable response, please provide the level of protection described in 10 CFR 73.21.
Dated at King of Prussia, Pennsylvania this 15th day of June 1998 L
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