ML20206T524

Discusses Insp on 860115-0314 & Forwards Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $50,000. Facility Operated from May 1985 Until Refueling Shutdown on 851130 W/O Containment Integrity

ML20206T524
Person / Time
Site:	Palisades
Issue date:	07/01/1986
From:	James Keppler NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:	Buckman F CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.)
Shared Package
ML20206T529	List: ML20206T524 ML20206T540
References
EA-86-078, EA-86-78, NUDOCS 8607080168
Download: ML20206T524 (4)

Text

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I July 1, 1986 .

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Docket No. 50-255 License ~No. DPR-20

. EA~86-78 Consumers Power Company ATTN: Dr. F. W. Buckman Vice Presideni Nuclear Operet!ons 212 West Michigan Avenue Jackson, MI 49201 Gentlemen:

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SUBJECT:

NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY (NRC INSPECTION REPORT NO. 50-255/86008[DRP])

This refers to the special inspection conducted during the period January 15 through March 14, 1986 at the Palisades Nuclear Generating Plant, Covert, Michigan involving excessive leakage through the post accident sampling and

. monitoring system. As a result of the inspection, some of your activities appear to be in violation of NRC requirements. The violations-were identified in the above referenced report sent to you by letter dated April 8, 1986. They were also the subject of an Enforcement Conference held in the Region III office on March 13, 1986.

The enclosed Notice of Violation and Proposed Imposition of Civil Penalty involves inadequate corrective actions and inadequate review of those actions for deviation reports generated on May 2, 1985 and August 5, 1985. The reports addressed plant personnel's inability to obtain representative samples from the Post Accident Sampling and Monitoring System (PASM) due to excessive leakage from system valves associated with Penetration 40. In response to the deviation reports, you performed system leak tests without using approved procedures and concluded that PASM "through valve" leakage was within allowable limits. You also concluded that the amount of "through leakage" from containment isolation valves CV-1910 and CV-1911 was acceptable relative to containment integrity requirements (See Deviation Report [DR] Nos. PAL 85-046 and PAL 85-092.)

On December 4,1985, with the plant in cold shutdown, you conducted technical specification required contair. ment leak rate tests in Penetration 40. After-evaluating the' test results you submitted Licensee Event Report (LER)85-029 which stated that Penetration 40 failed its leak rate test'due to leakage

-directly' attributable to PASM valves CV-1910 and'CV-1911.- You also stated that your engineering evaluation performed in May 1985:to resolve. Deviation Report PAL 85-046 was inadequate. At the referenced Enforcement Conference you informed the staff that your engineering analysis ~ performed in August 1985 to resolve Deviation Report PAL-85-092 was also flawed. Both DR resolutions CERTIFIED MAIL e60708016e 860701 5 ADOCK 0500 HTUIUMIRTTPT REQUESTED gDR ,

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. Consumers' Power Company 2 July 1, 1986 K

depended on incorrect leak test valve lineups that were performed without an approved procedure and resulted in your determination that penetration leakage i was acceptable when in fact, it probably was not. Both DR resolutions were j reviewed by. the preparer's superior, the Corrective Action Review Board and the

' Plant Review Committee without discovering the administrative and technical errors.

l The inadequate reviews by numerous management and' independent review groups 1 indicate a breakdown in your corrective action process. 'Although it cannot be

conclusively determined, it is likely that you operated in violation of your i

technical specifications from May 1985 until your refueling shutdown on j November 30, 1985 without containment integrity due to excessive Penetration 40 j . leakage.

4 i To emphasize the need to establish and follow Procedures for tests affecting the

! quality of safety related components and for management and independent review j groups to more adequately review deviation report resolutions, I have been ,

4 authorized, after consultation with the Director, Office of Inspection and Enforcement, to issue the enclosed Notice of Violation and proposed Imposition of Civil Penalty in the amount of Fifty Thousand Dollars ($50,000) for the j violations described in the enclosed Notice. -In accordance with the " General

Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, i Appendix C (Enforcement Policy), the violations described in the enclosed Notice j have been categorized as a Severity Level III problem. The escalation and

mitigation factors in the Enforcement Policy were considered and no adjustment has been deemed appropriate.

You are required to respond to this letter and should follow the instructions j specified in the enclosed Notice when preparing your response. You should give i particular attention to those actions designed to assure continuing compliance l with NRC requirements. Your written reply to this letter, and the results'of 1 future inspections will be considered in determining whether further enforcement action is appropriate.

, In your response, yob should document the specific actions taken and any j additional actions you plan to prevent recurrence. After reviewing your

! response to this Notice, including your proposed corrective actions, the NRC 1 will determine whether further NRC enforcement action is necessary to ensure l.

compliance with NRC regulatory requirements.

In accordance with Section 2.790 of the NRC's " Rules of Practice," Part 2, 4 Title 10, Code of Federal Regulations, a copy of this letter and its enclosure

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will be placed in the NRC Public Document Room.

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-l Consumers Power Company 3 July 1, 1986 The responses directed by this letter and the enclosed Notice are not subject to the clearance procedures of the Office of Management and Budget as required

l. by the Paperwork Reduction Act of 1980, PL 96-511.

I Sincerely, tdthMI b,ff4J Q dmu D. I'.Ynbr James G. Keppler Regional Administrator

Enclosures:

1. Notice of Violation and Proposed Imposition of Civil Penalty

2. Inspection Report No. 50-255/86008(DRP) cc w/ enclosures:

Mr. Kenneth W. Berry, Director Nuclear Licensing J. F. Firlit, General Manager DCS/RSB (RIDS)

Licensing Fee Management Branch Resident Inspector, RIII Ronald Callen, Michigan Public Service Commission i Nuclear Facilities and l

Environmental Monitoring Section Consumers Power Company I

l RIII RI,IJ.,. RIII RIII Norel bls is T

blng D K

Consumers Power Company 4 July 1, 1986 Distribution PDR

- SECY

.CA J. Taylor, IE J. Axelrad, IE T. Poindexter, IE >

J. G. Keppler, RIII J. Lieberman, ELD J. Sniezek, DED/ROGR i

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Enforcement Coordinators RI, RII, RIII, RIV, RV F. Ingram, PA J. Crooks, AE00 B. Hayes, 01 S. Connelly, 0IA J. Partlow, H. Denton, NRR

, D. Nussbaumer, OSP IE/ES File IE/EA File ED0 Rdg File

. DCS a

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