ML20202D108

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $110,000.Violation Noted:Between Dec 1994 & July 1997,established Measures Did Not Identify & Correct Water Retention in Offgas System Holdup Line

ML20202D108
Person / Time
Site:	Cooper
Issue date:	12/01/1997
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To:
Shared Package
ML20202D095	List: ML20202D089 ML20202D108
References
EA-97-424, NUDOCS 9712040146
Download: ML20202D108 (4)

Text

_ . _ _ - _ _ _ _ _ - . _ _ . . _ _ _ _ _ _ _ _ _ _

NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF civil PENALTY Nebraska Public Power District Docket No. 50 298 Cooper Nuclear Pnwer Station License No. DPR 46 EA 97 424 During NRC inspections conducted on June 29 through August 9, and July 8 through September 5,1997, violations of NRC requirements were identified, in accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions,"

NUREG 1000, 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. These violations and associated civil penalty are set forth below:

A. 10 CFR Part 50, Appendix 0, Criterion XVI requires that measures shall be established to assure that conditions adverse to quality, such as failures, malfututions, deficiencies, deviations, defective material and equipment and nonconformances are promptly identified and corrected. In the case of significant conditions adverse to quality, the measures shall atsure that the cause of the conditions is determined and corrective action taken to preclude repetition. The identification of the condition, and the corrective action taken shall be documented and reported to appropriate levels of management.

1. Contrary to the above, between December 1994 and July 1997, established measures did not identify and corract water retentio1 in tho offgas system holdup line, a significant condition adverse to quality. This condition could have, under certain circumstances, rendered both trains of the standby gas j treatment system inoperable. (01013)  ;

2. Contrary to the above, as of August 1997, established measures did not identify or correct inadequacies in the heat exchanger testing program which allowed significant degradation of the "B" Residual Heat Removal System ,

heat exchanger, a significant condition adverse to quality. Additionally, the cause of the significant condition adverse to quality was not identified and, once identified to the licensee by the NRC, corrective action to preclude i repetition had not been identified or taken. (01023)

3. Contrary to the above, for the rollowing conditions adverse to quality, each of which constitutes a separate violation, established measures did not:

a. Identify and correct degraded seats of four torus to-drywell vacuum l breaker valves, which were evident during testing in May 1997 and required modification of the testing procedure to allow completion.  ;

The valve conditions became evident again during testing in July j 1997, and the licensee corrected the condition. (01033)  !

I j7&M8h!!YQ a

-.. _ _._ _ ___ _.___ =_ _._._ ..__._._

i i

i Nebraska Public Power District 2-4 i

i i

b. Preclude recurrence of failure to follow Procedure 4.15, " Elevated Releese point and Building Radiation Monitoring Systems," used to retui.: tervice the continuous lodine and particulate sample I- *adiation monitor for the elevated release point flow path. As a .

i result, on July 14,1997, there.was no sampling of the elevated j release point discharge flow during a routine sffluent release. (01043)  !

I

c. As of August 1,1997, identify and correct long standing, recurring (

test failures associated with emergency diesel generator breaker - j testing, a condition adverse to quality, in that the operability j assessment did not address the possibility that previous surveillance  :

results had been invalid, or the inadequacy of long standing j instructions to technicians to repeat the test until acceptable results l 4 were achieved. (01053) i l de Preclude recurrence of failure to follow procedures, in that corrective )

actions for the June 19 and 20,1996, failure to use procedures for opening and closing of the secondary containment hatch did not implement the procedure to secure the hatch, as required. (01063) i e. Correct conditions adverse to quality in that the corrective actions for a May 1996 unauthorized modification to the No. 2 Emeigency Diesel Generator that installed a J tube on the Emergency Diesel Generator f ailed to identify until July 17,1997, that five additional unauthorized modifications that had been installed at the same time as the J-tube.

(01073) 4

f. Correct wrong acceptance criteria in Surveillanco Procedure 6.EE.602, identified on June 5,1997, with the result that the incorrect criteria i for the specific gravity of the diesel fire purnp batteries, a condition adverse to quality, was used again during a surveillance on June 11, 1997. (01083)

g. Correct failure of the Service Water Booster Pump breaker anti pump mechanism, a condition adverse to quality, identified on Feoruary 28, ,

2 1997 and documented in Problem identifica4on Report 2 13047.

l (01093) [

These violations represent a Severity Level til problem. (Supplement 1)

Civil Penalty .$110,000. . i Pursuant to the provisions of 10 CFR 2.201, the Nebraska Public Power District (Licensee) l

'Is hernby required to submit a written statement or explanation to the Director Office of ,

L 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 a-1

, _.L_..-.,,.-,,-..m ,..4.-,... .-, . _ . . _ - ~ ~ . . . - - _ _ - , . . , _ ~ _ . - _ _ _ _ . _ _--i

4 Nebraska Public Power District 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 adequata 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 bo given to extending the responso timo for good cause shown. Under the autho'ity of Gection 182 of the Act,42 U.S.C. 2232, this response shall be submitted under oath or affirmation.

Within the same timo as provided for the responso required above under 10 CFR 2.201, the Licensco mav pay the civil penalty by letter addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, with a check, draf t, money order, or electrmc transfer payable to the Treasurer of the United States in the amount of the civil penalty proposed above, or the cumulative arnount 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 Commission. Should the Licensco fail to answer within the time specified, an order imposing the civil penalty will be issued. Should the Licensoc elect to filo 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 tho violation listed in this Notice, in whole or in part, (2) demonstrate extenuating circumstances, (3) show crmt in 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. '01 reply by specific reference (e.g., citing pago and paragraph numbers) to avoid repetition. The attention of the Licensco 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. 2202c.

The responso noted above (Reply to Notice of Violation, letter with payment of civil penalty, and Answer to a Notice of Violation) should be addressed to: James Lieberman, Director, Of fico of Enforcement, U.S. Nuclear Regulatory Commission, One White Flint North,11555 Rockvillo Pike, Rockville, MD 20852-2738, with a copy to the Regional Administrator, U.S. Nuclear Regalatory Commission, Region IV,611 Ryan Plaza Drive,

. )

i

'l i

l l

Nebraska Public Power District - 4'  !

L  !

Suite 4DO, Arlington, Texas 76011, 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 p.iss.ble, 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 necessery to provide an acceptable response, then p! ease provide i 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 '

withhoiding of such material, you MW11 specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim of withhold- t

!ng (e.g., explain why the disclosure of information will create an unwarranted invasion of  !

l personal privacy or provide the information required by 10 CFR 2.790(b) to support a request for withhcMing confidential ccmmercial or financialinformation). If safeguards ,

information is necessary to provide an acceptable response, please provide tha level of r protection described in 10 CFR 73.21.  ;

Dated at Arlington, Texas, ,

this 1st day of December 1997 1

l i

T r

..._,.,.h.[.m.,r#

-_.,--,-,,9 . ., . . _ , , - . v-.,r... , . - . , w ,c., 'g_h,__ ,4 g y,_c[,,,,_,..em