ML20205F198

EN-88-086:on 881024,notice of Proposed Imposition of Civil Penalty in Amount of $50,000 Will Be Issued to Licensee. Action Based on Violations of Equipment Qualification Requirements of 10CFR50.49

ML20205F198
Person / Time
Site:	Catawba
Issue date:	10/19/1988
From:	Lieberman J, Luehman J NRC OFFICE OF ENFORCEMENT (OE)
To:
References
EA-88-132, EN-88-086, EN-88-86, GL-88-07, GL-88-7, NUDOCS 8810280009
Download: ML20205F198 (1)

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October 19, 1988

, . EN 88-86 0FFICE OF ENFORCEMENT NOTIFICATION F F5IGNIFICANT ENFORCEMENT ACTION Licensee: Duke Power Company (EA 88-132) .

(Catawba Units 1 and 2)  !

Docket Nos. 50-413 and 50-414 l

Subject:

PROPOSED IMPOSITION OF CIVIL PENALTY - $50,000 l This is to inform the Connission that a Notice of Violation and Proposed

Imposition of Civil Penalty in the amount of Fifty Thousand Dollars ($50,000) will be issued on or about October 24, 1988 to Carolina Power and Light Company. ,

This action is based on violations of the eouipment qualification requirements of 10 CFR 50.49. The "Modified Enforcement Policy Relating to 10-CFR 50.49,"

contained in Generic Letter 88-07 was applied to the combir.ed violations of both units despite the fact that Unit 2 was licensed after the November 30, ,

1985 deadline. The staff has concluded that such an approach is the most prudent one given the similarity of the violations identified on each unit for which the civil penalty is being proposed. Further, assessing the violations separately under two solicies would result in a cumulative civil

, penalty larger than the one whici would result from assessing the events collectively, under either policy and such a result would be unfair to the j licensee. The violations in this case have been categori::ed as a Category C problem. Consideration of the mitigation factors of the modified policy would l 4 have resulted in a civil penalty below the $50,000 minimum set by that policy and therefore that amount is proposed.  ;

It should be noted that the licensee has not been specifically informed of the ,

enforcement action. The schedule of issuance and notification is:

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Mailing of Notice October 24, 1988 i Telephone Notification of Licensee October 24, 1988 l The State of North Carolina will be notified.

[ The licensee has thirty days from the date of the Notice in which to respond.

Following NRC evaluation of the response, tha civil penalty may be remitted, 4

mitigated, or imposed by Order.

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Contact:

J. Luchman, OE, 23280 J. Lieberman, OE, 20741 i Distribution

! OWFN R Q lC) OWFNlOldb MNBB(CAlh l Chairman Zech ED0 RM

, Conn. Roberts DEDRO AEOD Comm. Carr NRR l Comm. Rogers OE NMSS SELY OGC 4 ACRS O!

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PREllHINARY INFORMATION - NOT FOR PUBLIC DISCLOSURE UNTIL PUBLICLY ANNOUNCED j g6 ?.3

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