ML20236B999

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $50.000.Noncompliance Noted:Adequate Measures Not Established to Assure Plant Design Basis Correctly Translated Into Specs,Drawings & Procedures

ML20236B999
Person / Time
Site:	South Texas
Issue date:	03/17/1989
From:	Martin R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To:
Shared Package
ML20236B986	List: ML20236B983 ML20236B999
References
EA-89-001, EA-89-1, NUDOCS 8903210422
Download: ML20236B999 (3)

Text

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.: 1 NOTICE OF VIOLATION-

. . AND PROPOSED IMPOSITION OF CIVIL PENALTY s- _,

Houston Lighting-& Power Company Docket No. 50-498 South Texas. Project, Unit 1 License No. NPF-76 ,

Bay City, Texas 'EA 89-01 During-a Nuclear Regulatory' Commission (NRC) inspection conducted November 1-30, 1988, 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 (1988), the Nuclear Regulatory Commission proposes to impose l 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 associated civil. penalty are set forth below::

10 CFR Part 50, Appendix B, Criterion III, Design Control, requires, in part,.

that measures be established to assure that the plant design basis is correctly.

. translated into specifications, drawings, procedures, and-instructions.

Contraryuto the above,-adequate measures had not been established.to assure the p.lant design basis was correctly trans' lated into specifications, drawings, procedures, and instructions,in that the vortex suppression devices which_are a part of the plant design basis as described in Section 6.2.2 of the Final

' Safety Analysis Report were not installed. This condition existed.from Mar.ch-1988, when the plant achieved initial criticality,.to November 1988, when the licensee' discovered the suppression devices had not been installed.

This violation has been classified as a Severity Level III violation (Supplements).

Civil Penalty - $50,000 Pursuant to the provisions _of 10 CFR 2.201, Houston Lighting & Power. Company (Licensee) is hereby required to submit.a written statement or explanation to:

the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, within .

30 days of the date of this Notice. This reply should be clearly marked as a l '

" 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, (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)thedatewhenfullcompliancewillbeachieved. If an

- adequate reply is not received within the time specified in this Notice, an  ;

order,may be issued to show cause why the license should not be modified, i

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, 3 this response shall be submitted under oath or affirmation.

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Notice'of Violation 4

Within the'same time as provided for the response required above under 10 CFR 2.201, the Licensee may pay the civil penalty by letter addressed 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, in whole or in part by a written answer addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Comission. Should the Licensee fail to answer within the time specified : an order imposing the civil penalty will be 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 answer should be clearly marked I 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 l not be imposed. In addition to protesting the civil penalty in whole or in i part, such answer may request remission or mitigation of the penalty.

In requesting mitigation of the proposed penalt Section V.B.of 10 CFR Part.2, Appendix C (1988)y,

, should be addressed. the factors Anyaddressed in 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 2.201 reply by specific reference (e.g., citing j j

page and paragraph numbers) to' avoid repetition. The attention.of the Licensee is directed to the other provisions of 10 CFR 2.205, regarding the procedure I 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 l be referred to the Attorney General, and the penalty, unless compromised, 1 remitted, or mitigated, may be collected by civil action pursuant to Section l 234c of the Act, 42 U.S.C. 2282c. i l

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 i Notice of Violation) should be addressed to: Director, Office of Enforcement, I U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, D.C. 20555 with a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, Region IV, and if applicable, a copy to the NRC Resident Inspector, at the South Texas Project.

FOR THE NUCLEAR REGULATORY COMMISSION

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b k ' fflf Robert D. Martin Regional Administrator Dated at Arlington, Texas, This 17th day of March 1989.

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DISTRIBUTION PDR LPDR SECY CA HThompson, DEDS JMTaylor, DEDR JLieberman, OE RMartin, RIV (Regional Administrator)

LChandler, OGC TMurley, NRR SVarga, NRR Enforcement Coordinators RI, RII, RIII, RIV, RV Resident Inspector FIngram, GP/4/PA BHayes, 01 SConnelly, 01A EJordan, AE0D JLuehman, OE OE:Chron

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JMontgomery WBrown ACJCallan ABeach

.EHo11er J8ess JMilhoan JGilliland(1trhd)

CHackney RWise E0 Files RIV Files DRP Division Files RSTS Operator MIS Coordinator OE JLuehman R:

to RDMartin D:0E JLieberman DEDS HThompson dg 3/l3/89 3/10/89 3/13/89 3/\9/89

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