ML20249A484

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $55,000.Violation Noted:During Eecs Suction Strainer Replacement Mod in Oct 1997,licensee Did Not Establish Instructions & Procedures to Prevent Foreign Matl

ML20249A484
Person / Time
Site:	Peach Bottom
Issue date:	06/11/1998
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:
Shared Package
ML20249A482	List: IR 05000277/1998003 ML20249A484
References
50-277-98-03, 50-277-98-3, 50-278-98-05, 50-278-98-5, EA-98-221, NUDOCS 9806160484
Download: ML20249A484 (3)

Text

_ _ _ _ _ _ _ - _ _ _ _ _ - _ - _ _ _ _ _ _ _ _ - _ _ _ _ - - - - _ _ - _ - - -- -

ENCLOSURE NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY PECO Nuclear Docket Nos 50-277;50-278 Peach Bottom, Units 2 & 3 License Nos. DPR-44; DPR-56 EA 98-221 During an NRC inspection conducted between March 30 and April 24,1998, violations of NRC requirements were identified. In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," NUREG-1600, the Nuclear Regulatory Commission proposes to impose civil penalties 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 violations and t associated civil penalty are set forth below:

A. 10 CFR Part 50 Appendix B, Criterion V, instructions, Procedures and Drawings, requires, in part, that activities affecting quality be. prescribed by documented instructions or procedures, of a type appropriate to the circumstances.

Contrary to the above, during the emergency core cooling system (ECCS) suction strainer replacement modification in October 1997, the licensee did not establish instructions and procedures appropriate to the circumstances to prevent foreign material from entering the 3A core spray subsystem. Specifically, the modification FME plan, although providing FME controls for the torus, did not consider controls for the strainers. The lack of instructions and procedures documenting controls for the strainers resulted in foreign material, in the form of a rigging sling protector pad, being left in the system. (01013)

B. Peach Bottom Atomic Power Station Unit 3 Technical Specification 3.5.1, " Emergency Core Cooling System (ECCS) and Reactor Core Isolation Cooling (RCIC) System,"

requires that each ECCS injection / spray subsystem be operable when in Modes 1,2, and 3. If one low pressure ECCS injection / spray subsystem is inoperable, the subsystem shall be restored to operable status within seven days.

Contrary to the above, at some time between December 24,1997 and March 13, 1998, while the Unit 3 reactor was in Mode 1, the 3A core spray subsystem was not maintained operable. During core spray system testing on March 22, and 24,1998, the 3A core spray pump failed to meet discharge pressure for the given fiow specifications. Specifically, the discharge pressure and flow ratio were 207 psig and 3450 gpm, respectively, and the flow curve required a minimum pressure of 214 psig for that flow rate. The minimum required discharge pressure was not met, and the pump was inoperable, because of fibrous material (a rigging sling protector pad) wrapped around the impeller shaft and parts of the impeller vanes, as well as small bunches of fibers from the protector pad being located in the piping between the pump suction valve and the discharge check valve. (01023)

These violations are classified in the aggregate at Severity Level 111 (Supplement 1).

Civil Penalty - $55,000, 9806160484 980611 PDR ADOCK 05000277 G PDR

Enclosure 2 Pursuant to the provisions of 10 CFR 2.201, PECO Nuclear (Licensee) is hereby required to

i. submit a written statement or explanation to the Director, Office of Enforcement, U.S. Nuclear l .

Regulatory Commission, within 30 days of the receipt of this Notice of Violation and Proposed i f imposition of Civil Penalties (Notice). This reply should be clearly marked as a " Reply to a Notice of Violation" and shouH 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 adequate reply is not received within the time specified in this Notice, an Order or a~ Demand for Information may be issued as to 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 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 j submitted under oath or affirmation.

Within the same time as provided for the response required above under 10 CFR 2.201, the Licensee may pay the civil penalties by letter addressed to the Director, Office of Enforcement, U.S. fluclear Regulatory Commission, with a check, draft, money order, or electronic transfer payable to the Treasurer of the United States in the amount of the civil penalties proposed above, or may protest impocition of the civil penalties, in whole or in part, by a written answer addressed to the Director, office of Enforcement, U.S. Nuclear Regulatory Commission.

Should the Licensee fail to answer within the time specified, an order imposing the civil penalties will be issued. Should the Licensee elect to file an answer in accordance with 10 CFR 2.205 protesting the civil penalties, in whole or in part, such answer should be clearly marked as an " Answer to a Notice of Violation" and may: (1) deny the violations listed in this Notice, in whole or in part, (2) demonstrate extenuating circumstances, (3) show orror in this Notice, or (4) show other reasons why the penalties should not be imposed. In addition to

. protesting the civil penalties in whole or in part, such answer may roquest remission or

. mitigation of the penalties. I in requesting mitigation of the proposed penalties, the factors addressed in Section VI.B.2 of i

. the Enforcement Policy should be addressed. Any written answer in accordance with 10 CFR l 2.205 should be set forth separately from the statement or explanation in reply pursuant to .l 10 CFR 2.201, but may incorporate parts of the 10 CFR 2.201 reply by specific reference  !

' (e.g., citing page and paragraph numbers) to avoid repetition. The attention of the Licensee j is diiected to the other provisions of 10 CFR 2.205, regarding the procedure for imposing a i civil penalty. _

Upon failure to pay any civil penalty due that 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 j civil action pursuant to Section 234c of the Act,42 U.S.C. 2282c.

The response noted above (Reply to Notice of Violation, letter with payment of civil penalty, ard Answer to a Notice of Violation) should be addressed to: James Lieberman, Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, One White Flint North,11555 Rockville Pike, Rockville, MD 20852-2738,with a copy to the Regional Administrator, U.S.

Nuclear Regulatory Commission, Region I, and a copy to the NRC Senior Resident inspector at the facility that is the subject of this Notice.

-l Enclosure 3 Because your response will be placed in the NRC Public Document Room (PDR), to the extent i possible,it should not include any personal privacy, proprietary, or safeguards information so  !

that it can be placed in the PDR. If redactions are required, a proprietary version containing I brackets placed around the proprietary, privacy, and/or safeguards information should be submitted. In addition, a non-proprietary version with the information in the brackets redacted should be submitted to be placed in the PDR.

Dated at King of Prussia, Pennsylvania this 11th day of June 1998 l

l i

i 1

l i

1

\

f f

I

_ . _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ . _ _ _