IR 05000302/1989009

Discusses Insp Rept 50-302/89-09 on 890424-28 & Forwards Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $100,000.NRC Concerns Re Insp Findings Were Discussed During 890628 Enforcement Conference

ML20247Q170
Person / Time
Site:	Crystal River
Issue date:	09/13/1989
From:	Ebneter S NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:	Wilgus W FLORIDA POWER CORP.
Shared Package
ML20247Q177	List: IR 05000302/1989009 ML20247Q179
References
EA-89-118, IEB-79-01, IEB-79-1, IEC-80-10, IEIN-83-72, IEIN-86-053, IEIN-86-53, NUDOCS 8909280122
Download: ML20247Q170 (5)

Text

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SEP 131989

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. Docket No. 50-302-
. License No. DPR-72      ;
.EA 89-118       j Florida- Power Corporation-     :

Mr. W. S. Wilgus Vice President, Nuclear Operations ATTN:. Manager, Nuclear Operations Licensing r Post Office Box 219-NA-21 Crystal River, Florida 32629 Gentlemen: SUBJECT: NOTICE OF VIOLATION.AND PROPOSED IMPOSITION OF CIVIL PENALTY - $100,000 i (NRC INSPECTION REPORT NO. 50-302/89-09)

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This refers to the Nuclear Regulatory Commission (NRC) inspection at the Crystal River Facility. on April 24-28, 1989. The inspection included a review of your'

. program for environmental qualification (EQ) of electrical equipment in accor-  l dance with 10 CFR 50.49. The.. report documenting this inspection was sent to  'l
.you by letter dated June 9, 1989. As a result of this' inspection, .significant  i
. failures to comply with NRC regulatory requirements were identified, and accor-  1 dingly, NRC concerns relative to the inspection findings were discussed in an  .j Enforcement Conference held on June 28, 1989. The letter summarizing that  c Conference was sent to you on July 17, 198 :

The multiple' violations described in the enclosed Notice of Violation and-Proposed Imposition of Civil Penalty (Notice) indicate failure to implement  ! adequate management and program controls to assure that equipment was properly environmentally classified and qualified and to verify that equipment was properly installed in the field. The programmatic aspect of these violations and the lack of management oversight are cause for significant concern given the length of time that has passed since the deadline for compliance with . 10 CFR 50.49. The NRC believes that Florida Power Corporation (FPC) should J have known about the environmental qualification deficiencies and would have  ! discovered the problems earlier had an adequate level of attention been applied  ; to the EQ program requirements. The EQ requirements were to have been imple- .

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mented by November 1985; however, you are just now implementing a comprehensive progra Several of the identified concerns have been the subject of NRC Inspection Reports, Circulars, Bulletins and Noticer (Information Notice 83-72; Information ) Notice 86-53; Circular 80-10; and Bulletin 79-01B). Although you subsequently I evaluated some~ of the installations as being acceptable using additional test data, such information was not available at the time of the inspection and was , not included in EQ files as is required by 10 CFR 50.4 j

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Florida Power Corporation -2- SEP 131989 To emphasize the importance of implementing adequate management and programmatic controls to ensure the initial and continuing qualification of equipment impor-tant to safety, I have been authorized, after consultation with the Director, Office of Enforcement, and the Deputy Executive Director for Nuclear Materials Safety, Safeguards, and Operations Support, to issue the enclosed Notice of Violation and Proposed Imposition of Civil Penalty in the amouat of $100,000 for the violations described in the enclosed Notice. In accordance with the

  " General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C (1989) (Enforcement Policy), the violations have been aggre-gated into a Severity Level III problem. The base value of a civil penalty for a Severity level III violation or problem is $50,000. The escalation and miti-gation factors in the Enforcement Policy were considered. The base civil penalty has been increased by 100 percent because of your poor prior performance in the EQ area as evidenced by the violations and findings identified in the 1988 inspection and because of prior notice available to you regarding EQ. That prior notice specifically involves the large body of EQ knowledge that has evolved since November 1985 in the form of NRC issuances which alerted you to EQ-related problems and NRC inspections which developed sufficient information to alert you to potential EQ problems. Consideration of the other factors indicates that additional escalation or mitigation is not warrante In reaching the decision to propose a civil penalty we considered your argument regarding the applicability of the enforcement discretion provisions of the Enforcement Policy and found such discretion inappropriate in this cas Collectively, the violations contained in the Notice indicate that there are significant weaknesses in the Crystal River EQ program and therefore they are properly classified in the aggregate as a Severity Level III problem. In reviewing the Enforcement Policy's discretion provisions for Severity Level III violations or problems, it was determined that this problem does not warrant such discretion for a number of reasons. First, not all the violations were identified by your staff. Second, given the prior notice you had in the form of NRC issuances and previous inspection findings, the NRC staff concludes you should have discovered many of the deficiencies much earlier. Finally, given that a significant number of EQ deficiencies continue to be identified almost four years after the compliance deadline, the NRC staff concludes that these violations are indicative of a breakdown in management controls of the EQ progra You are required to respond to this letter and should follow the instructions specified in the enclosed Notice when preparing your response. In your response, you should document thesspecific actions taken and any additional actions you plan to prevent recurrence. The NRC expects that the corrective actions will be broadly focused and accomplished on an aggressive schedule. After reviewing your response to this Notice, including your proposed corrective actions and the results of future inspections, the NRC will determine whether further NRC enforcement action is necessary to ensure compliance with NRC regulatory actio ]

In accordance with Section 2.790 of the NRC's " Rules of Practice," Part 2, Title 10, Code of Federal Regulations, a copy of this letter and its enclosures wilI be placed in the NRC Public Document Roo _ _ _ _ _ _ - _ - _ _ _ _ _ _ .-~

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Florida Power. Corporation ' -3-SEP 131989 The responses directed by this letter and its enclosure are not subject to the clearance procedures:of-the 0ffice of Management and Budget as required by the-Paperwork Reduction Act of 1980, Pub. L. No. 96-51 Should 'you have any questions concerning this letter, please contact u

Sincerely, @ SI ned C BT, 9tt=rert D. Ebneter Stewart D.'Ebneter Regional Administrator Enclosure: Notice of Violation and Proposed Imposition of Civil Penalty cc w/ enc 1: Gary L.- Boldt

 .Vice President, Nuclear Production Florida Power Corporation P. O. Box 219-SA-2C Crystal River, FL 32629 P. F. McKee, Director Nuclear Plant Operations Florida Power Corporation P. O. Box 219-NA-2C Crystal River, FL 32629 R. C. Widell, Director Nuclear Site Support Florida Power Corporation P. O. Box 219-NA-21 Crystal River, FL 32629 A. H. Stephens General Counsel Florida Power Corporation         !

MAC.- A5D P. O. Box 14042 St. Petersburg, FL 33733 Attorney General Department of Legal Affairs l The Capitol Tallahassee, FL 32304 l l l l I \

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i ' Y . j... (t . Florida Power Corporatio SEP 131989

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, Jacob Daniel"Nash Office of Radiation: Control- < Department of Health.and Rehabilitative Services-1317 Winewood Boulevard Tallahassee, FL 32399-0700 Administrator-Department'of Environmental

  , Regulation
 - Power Plant Siting Section
 - State of Florida 2600 Blair Stone' ive . Tallahassee, FL~ L2301 State! Planning and Development Clearinghouse Office of Planning and . Budgeting
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i - Executive Office of the Governor The Capitol Building 1 Tallahassee, FL. 32301 Chairman- ., Board of County Commissioners Citrus County 110 N. Apopka Avenue Iverness, FL 36250 Robert B~ Borsum .

 ' Babcock and Wilcox Company Nuclear Power Generation Division 17r) Rockville Pike, Suite 525 Rockville; MC 20852-1631 State of Florida
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