ML20217D966

EN-98-010:informs That NOV & Proposed Imposition of Civil Penalty in Amount of $330,000 Will Be Issued on or About 980312 to Comm Ed.Action Based on Two Severity Level III Problems Consisting of Violations

ML20217D966
Person / Time
Site:	Quad Cities
Issue date:	03/09/1998
From:	Lieberman J, Reis T NRC OFFICE OF ENFORCEMENT (OE)
To:
References
EA-97-591, EN-98-010, EN-98-10, NUDOCS 9804270151
Download: ML20217D966 (2)

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4 March 9,1998 i

EN 98-010 OFFICE OF ENFORCEMENT NOTIFICATION OF SIGNIFICANT ENFORCEMENT ACTION Licensee: Commonwealth Edison Company (EA 97-591)

Quad Cities Station Docket Nos. 50-254; 50-265

Subject:

PROPOSED IMPOSITION OF civil PENALTY - $330,000 This is to inform the Commission that a Notice of Violation and Proposed imposition of Civil Penalty in the amcunt of $330,000 will be issued on or about March 12,1998 to Commonwealth Edison Company. This action is based on two Severity Level lll problems consisting of violations involving performing reactor coolant pressure boundary leakage testing at 12% power, in violation of 10 CFR Part 50, Appendix G, " Fracture Toughness Requirements" and failure to perform adequate ASME Code visuai testing of the pressure boundary. The performance of the visual and leakage tests, at power, without a fully tested pressure boundary, was significant because of the corrosion history at Quad Cities and the fact that the recovery from 12% power would be complicated should a loss of coolant accident occur.

Because this was not the first escalated enforcement action within 2 years, the staff considered whether credit was warranted for identification and corrective action. Credit was not warranted for identification for either problem because the NRC identified the majority of the violations that constitute the regulatory concern in this case. Credit for corrective was warranted for one of the problems because the licensee's corrective actions were prompt and comprehensive. However corrective action credit was not warranted for the other problem because the licensee failed to address the underlying root cause. The NRC has determined that discretion is warranted in accordance with Section Vll.A of the Enforcement Policy to double the civil penalty due to the particularly poor performance as manifested in the poor management oversight of these plant activities. Therefore in consideration of the licensees failure to emphasize the importance of effective management oversight of plant activities and the significant failure to comply with regulations, the NRC imposed a Civil Penalty of $330,000.

This EN informs the Commission that the staff will exercise discretion under Section Vll.A.1 and proposes a civil penalty for one of the two problems that deviates more than two times the amount of the base civil penalty.

The State of Illinois will be notified. It should be noted that the licensee has not been specifically informed of the enforcement action. The schedule of issuance and notification is:

Mailing of Notice March 12,1998 Telephone Notification of Licensee March 12,1998 l

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3-o EN 98-010 The licensee has thirty days from the date of the Notice in which to respond. Following NRC evaluation of the response, the civil penalty may be remitted, mitigated, or imposed by Order. 1 Contacts: Terry Reis, OE, 301-415-3281 Jim Lieberman, OE, 301-415-2741 l l Distribution OWFN OWFN TWFN Regional Offices l Chairman Jackson EDO OC RI RIV

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