ML20153E603

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $50,000.Violation Noted:Failure to Assure That Potentially Overloaded Emergency Diesel Generator Promptly Identified & Corrected

ML20153E603
Person / Time
Site:	Crystal River
Issue date:	05/04/1988
From:	Grace J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:
Shared Package
ML20153E558	List: ML20153E554 ML20153E603
References
EA-88-034, EA-88-34, NUDOCS 8805100062
Download: ML20153E603 (2)

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NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY Florida Power Corporation Docket No. 50-302 Crystal River 3 License No. DPR-72 EA 88-34 During the Nuclear Regulatory Conmission (NRC) inspection conducted on November 30 - December 4,1987, 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 (1987), 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 violation and associated civil penalty are set forth below:

10 CFR Part 50, Appendix B, Criterion XVI, requires measures be established to assure that conditions adverse to quality, such as failures, malfunctions, deficiencies, deviations, defective materials and equipment, and non-cor.formances are promptly identified and corrected.

Contrary to the above, from May 1980 until October 1987, the licensee failed to assure that a condition adverse to quality, namely, a potentially overloaded emergency diesel generator (EDG), was promptly identified and corrected. Specifically: (a) the load on EDG/A, for certain design basis events, would have been approximately 3545 kw which is above the mar.ufacturer's published 30-minute ratir.g of 3300 kw; (b) on seural occasions, the licensee performed the 18-month surveillance testing of both A and B diesel generators with loads above the 3000 kw rating, and the licensee failed to identify and perforni, after each such run, the manufacturer's reconmended inspection of certain critical components; and (c) the licensee had not identified that surveillance testing was performed at a maximum of 3100 kw even though the worst case design basis accident load given in the Final Safety Analysis Report is 3180 kw.

.This is a Severity Level III violation (Supplement 1)

Civil Penalty - $50,000.

Pursuant to the provisions of 10 CFR 2.201, Florida Power Corporation 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: (1) admission or denial of the 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 which 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 tima specified in this Notice, an order may be issued to show cause why the lidense 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 affinnation.

8805100062 880504

{DR ADOCK 05000302 DCD

4 Notice of Violation 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, draf t, or money order 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 answer addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Comission. 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 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.

In requesting mitigation of the proposed penalty, the five factors addressed in Section V.B of 10 CFR Part 2, Appendix C (1987), 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 I page and paragraph numbers) o avoid repetition. The attention of the licensee l 1s directed to the other provisions of 10 CFR 2.205 regarding the procedure for l

imposing a civil penalty.

l Upon failure to pay the penalty due, which has been subsequently determined in accordance with the applicable provisions of 10 CFR 2.205, this matter may be I referred to the Attorney General, and the penalty, unless compromised, remitted, l or mitigated, may be collected by civil action pursuant to Section 234c of the l Act, 42 U.S.C. 2282.

l The responses to the Director, Office of Enforcement, noted above (Reply to a Notice uf Violation, letter witn payment of civil penalty, and Answer to a

Notice o' Violation) should be addressed to

Director, Office of Enforcement,

[ U.S. Nuclear Regulatory Comission, ATTN: Document Control Desk, Washington, DC 20555, with a copy to the Regional Administrator, Region II and a copy to the NRC Resident Inspector, Crystal River.

FOR THE NUCLEAR REGULATORY COMMISSION ORIGINAL SIGNED BY YYL L ? <n*

J. Nelson Grace Regional Administrator Dated a Atlanta, Georgia this y/ day of May 1988

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