ML20203A535

EN-99-005:on 990201,notice of Proposed Imposition of Civil Penalty in Amount of $55,000 Issued to Licensee.Action Based on Two Severity Level III Violations Involving Design Deficiency,Caused Uncertainty as to Ability of Div I & II

ML20203A535
Person / Time
Site:	River Bend
Issue date:	01/27/1999
From:	Lieberman J, Reis T NRC OFFICE OF ENFORCEMENT (OE)
To:
References
EA-98-478, EN-99-005, EN-99-5, NUDOCS 9902100027
Download: ML20203A535 (1)

Text

' M; . *' *, 1J nu:ry 27,1999

• ' EN 99-005 OFFICE OF ENFORCEMENT NOTIFICATION OF SIGNIFICANT ENFORCEMENT ACTION Licensee: Entergy Operations,'inc. (EA 98-478)

River Bend Station Docket No. 50-458 Subiegt. PROPOSED IMPOSITION OF CIVIL PENALTY - 555,000 This is to inform the Commission that a Notice of Violation and Propm ad imposition of Civil Penalty in the umwnt of $55,000 will be issued on or about February 1,1999 to Entergy Operations, Inc. This action is based on two Severity Level lil violations involving a design deficiency that caused uncertainty as to the ability of the Division I and ll Emergency Diesel -

Generators (EDGs) to perform their intended safety function under design basis accident conditions and rendered the EDGs incapable of complying with the technical specification definition of operability since original installation. Because this was not the first escalated enforcement action within 2 years, the staff considered whether credit was warranted for identification and corrective action. The first Severity Level 111 violation involved the licensee's failure to ensure design control measures adequately verified that the EDGs would have remained operable during certain periods of operations. Credit was warranted for identification because the licensee identified the violation, and credit was warranted for corrective actions based on the licensee's immediate and comprehensive corrective ~ actions.

The second Severity Level ill violation involved the licensee's failure to promptly identify and correct the significant condition adverse to quality that related to the oprability of the EDGs. The NRC considered that credit for identification was not warranted for this violation; The licensee's staff had information at hand since 1990 that should have reasonably led them to recognize the design vulnerability, but its staff failed to recognize the significance of that information until June 1998 after the NRC had raised general questions relative to the integrity of ths particular EDG subsystem involved. However, credit for corrective actions was warranted for the prompt and comprehensive corrective actions -

- taken.~ As a result, a base civil penalty is being proposed for this second Severity Level ill violation.

It should be noted that the licensee has not been specifically informed of the enforcement action. The schedule of ksuance and notification is:

Mailing of Notice February 1,1999 Telephone Not;Tration of Licensee February 1,1999 The State of Louisiana will be notified.

The licensee has thirty days from the date of the Notice in which to respond. Following NRC evaluation c,T the response, the civil penalty may be remitted, mitigated, or imposed by Mar, Qontacts: T. Reis, OE, 415-3281 J. Lieberman, OE,415-2741 Distribution OWFN OWFN TWFN Regional Offices Chairman Jackson EDO OC Rl RIV Comm. Dicus DEDR AEOD Ril Comm. Diaz DEDS OP CTR Rill Comm. McGaffigan OE NMSS Comm. Memfie'd . , OGC IRM MAIL OCA' NRR OlG NUDOCS PA 01 RES PDR IP SP ACRS SECY- CIO PRELIMINARY INFORMATION - NOT FOR PUBLIC DISCLOSURE UNTil 9902100027 990 g f NT LICENSEE HAS RECEIVED ACTION l bf PDR 18dE 4 EN-99-OO5 PDR ;

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