ML20246H975

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $37,500.Violation Noted:Failure to Assure That Conditions Adverse to Quality Promptly Identified & Corrected

ML20246H975
Person / Time
Site:	Perry
Issue date:	07/11/1989
From:	Davis A NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:
Shared Package
ML20246H945	List: ML20246H941 ML20246H975
References
50-440-89-11, EA-89-091, EA-89-91, NUDOCS 8907170253
Download: ML20246H975 (3)

Text

.

.,  ?

I l

,s a ,

l I

o NOTICE OF VIOLATION h AND h

- PROPOSED IMPOSITION OF CIVIL PENALTY L

Cleveland Electric Illuminating Company Docket No. 50-440 l Perry Nuclear Power Plant, Unit 1 License No. NPF r8 {

EA 89-091  ;

I During aa NRC inspection conducted during the period March 20 through l April 19, 1989, 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, 53 Fed. Reg. 40019 (October 13,1988)

(Enforcement Policy), 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. The particular violation and the associated civil penalty are set forth below:

10 CFR Part 50, Appendix B, Criterion XVI, " Corrective Action," requires that measures be established to assure that conditions adverse to quality, such as nonconformances, are identified and corrected. In the case of significant conditions adverse to quality, the measures shall assure that the cause of the condition is determined and corrective action taken to preclude repetition. The corrective action taken shall be documented and reported to appropriate levels of management.

A Notice of Violation and Proposed Imposition of Civil Penalty (Notice)

(EA 87-206) was issued on February 11, 1988 which, in part, identified the following significant conditions adverse to quality:

1. Unqualified terminal blocks installed in Limitorque valve motor operators.

2. Target Rock solenoid operated valves with covers not installed in the environmentally qualified test configuration.

3. Limitorque valve motor operators with "T" drains improperly located to assure proper moisture drainage.

Contrary to the above, the licensee failed to assure that the above significant conditions adverse to quality were promptly identified and corrected in that further examples of these problems were identified that had not been corrected as a result of actions taken in response 7 to the Notice.

1 This is a Severity Level III violation (Supplement 1). I Civil Penalty - $37,500 Pursuant to the p)rovisions Company (Licensee of 10 CFR is hereby required 2.201, to submit Cleveland a written Electric statement or Illuminating f

8907170253 890711 PDR ADOCK 05000440 Q PDC

1 -

t l

L Notice of Violation 3 i

explanation to the Director, Office of Enforcement, U.1 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) l admission or denial of the alleged violation; (2) the reasons for the violation if admitted; (3) the corrective actions that have been taken and the results achieved; (4) the corrective actions 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, l an Order may be issued to show cause 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 submitted under oath or affirmation.

Within the same time as provided for the response required under 10 CFR 2.201, the Licensee may pay the civil penalty by letter to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, with a check, draft, or money order payable to the Treasurer of the United States in the amount of the civil penalty proposed above, or may ,rotest 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 Licensee fail to answer within the time specified, an Order imposing the civil penalty will be .

l 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 an 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, in whole or in part, such an answer may request remission or mitigation of the penalty.

In requesting mitigation of the proposed penalty, the factors addressed in Section V.B of 10 CFR Part 2, Appendix C, 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 2.20L but may incorporate parts of the 10 CFR 2.201 reply by specific refereNe (e.g.,

citing page and paragraph numbers) to avoid repetition. The attention of the Licensee is directed to 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 provision of 10 CFR 2.205, this matter may be referred to the Attorney General, and the penalty, unless compromised, remitted, mitigated, may be collected by civil action pursuant to Section 234c of the Act, 42 U.S.C. 2282c.

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

Notice of Violation) should be addressed to: Director, Office of I

i i

_4

. -l Notice' of Violation - 5 Enforcement, U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk,  !

k'ashington, D.C. 20555, with a copy to the Regional- Administrator, Region III, l.

U.S. Nuclear Regulatory Commission, 799 Roosevelt Road, Glen Ellyn, Illinois-

? 60137 and a. copy to the NRC Resident Inspector at.the Perry Nuclear Power L Plant.

FOR THE NUCLEAR REGULATORY COMMISSION 1

l aL%~

A. Bert Davis Regional Administrator?

Dated at Glen Ellyn, Illinois this lith. day of July 1989 L

?

l l

i l

l