ML20212H333

EN-97-106A:on 971218,licensee Responded to NOV & Proposed Imposition of Civil Penalty in Amount $100,000.Licensee Denied Violation Re 10CFR50.59 & Requested Remission.Request Denied & Order Imposing Civil Monetary Penalty Issued

ML20212H333
Person / Time
Site:	Perry
Issue date:	04/09/1998
From:	Lieberman J, Satorius M NRC OFFICE OF ENFORCEMENT (OE)
To:
References
EA-97-430, EN-97-106A, NUDOCS 9804130498
Download: ML20212H333 (1)

Text

April 9,1998 EN 97-106A OFFICE OF ENFORCEMENT NOTIFICATION OF SIGNIFICANT ENFORCEMENT ACTION ,

Licensee- Centerior Service Company (EA 97-430)

(Perry Nuclear Power Plant)

Docket No. 50-440 Subject- lMPOSITION OF civil PENALTY - $50,000 By EN 97-106 dated November 13; 1997, the Commission was notified of the intent of OE to i issue a Notice of Violation and Proposed imposition of Civil Penalty in the amount of $100,000 to Centerior Service Company. This action was based on two Severity Level lil violations. The first violation involved an inadvertent reactivity addition that was not prevented by corrective actions for similar prior event associated with flow control valves for the reactor recirculating water system. The second violation involved a violation of 10 CFR 50.59 for changes to procedures involving the Emergency Closed Cooling System (component cooling) that resulted in an Unreviewed Safety Question. Civil Penalties in the amount of $50,000 were proposed for each of the Severity Level lil violations.

The licensee responded to the Notice in a letter dated December 18,1997, and paid the civil penalty for the violation involving the inadvertent reactivity addition. The licensee denied the violation associated with 10 CFR 50.59 and requested remission of the associated $50,000 civil penalty. After careful consideration of the licensee's response, the staff has concluded that the licensee did not provide an adequate basis for either the violation to be rescinded or the civil penalty to be mitigated.

Accordingly, an Order imposing Civil Monetary Penalty in the amount of $50,000 has been issued today. Under the terms of the Order, the licensee may within 30 days of the date of the Order, pay the civil penalty or request a hearing.

Contacts M. Satorius, OE,415-2747 ' J. Lieberman, OE, 415-2741 Distribution OWFN C' O O OWFN T ' o O TWFN DoO Regional Offices Chairman Jackson EDO OC RlhcRIVJJ o C Comm. Dicus . DEDE AEOD RilflfWCFO fj r> 0 Comm. Diaz OE OP CTR Rlli _CLoo Comm. McGaffigan OGC NMSS SECY NRR 1RM MAIL OCA 01 OlG NUDOCS

'PA SP RES PUBLIC

'IP ACRS PRELIMINARY INFORMATION - NOT FOR PUBLIC DISCLOSURE UNTIL p y VERIFICATION THAT LICENSEE HAS RECEIVED ACTION y g:\oecases\en97106a.ms i I 9804130498 980409 PDR I&E EN-97-106 PDR