ML20006B435
| ML20006B435 | |
| Person / Time | |
|---|---|
| Site: | Arkansas Nuclear |
| Issue date: | 01/22/1990 |
| From: | Martin R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | |
| Shared Package | |
| ML20006B431 | List: |
| References | |
| EA-89-220, NUDOCS 9002020167 | |
| Download: ML20006B435 (2) | |
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p NOTICE OF VIOLATION AND' PROPOSED IMPOSITION OF CIVIL PENALTY q
1 Arkansas Power & Light Company Docket Nos.50-31a Arkansas Nuclear One 50-368 License Nos.
DPR-51 l
FPF-6 EA 89-220 During an NRC inspection conducted September 18-22, 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
'(1989)-(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 associated civil penalty are set forth below:
Inoperability of Service Water Pumps P4A and P4C l
L Unit 1 Technical Specification 3.3.1(C)-states, in part, that two out of three service water pumps shall be operable, powered from independent essential buses,.to provide redundant and independent flow paths This applies when reactor-coolant pressure is 300 psig or greater, reactor coolant temperature is 200'F or greater, and nuclear fuel is in the Core.
Contrary to the above, since initial startup of Unit 1 in 1974, the unit was operated at power with two of the three service water pumps (P4A and P4C) containing an unidentified set of contacts within the electrical controls which would have prevented the pumps from restarting during j
certain accident conditions. -This. condition remained uncorrected until September 15, 1989, when the contacts were disconnected, j
This is a Severity Level III violation (Supplement I) i Civil Penalty - $75,000 i'
Pursuant to the provisions of 10 CFR 2.201, Arkansas Power & Light 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
" Reply to a Notice of Violation" and should include:
(1) admission or denial of the alleged violation, (2) the reasons for the violation if admitted, (3) the (4) the correc-corrective steps that have been taken and the results achieved,(5) the date when-tive steps that will be taken to avoid further violations, and full compliance will be achieved. Under the authority of'Section 182 of the Act,.42 U.S.C. 2232, this response shall be submitted under oath or affirmation.
If an adequate reply is not received within the time specified in tnis Notice, 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 ta ken. Consideration may be given to extending the response time for good cause shown.
9002020167 900122
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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 Comission, 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 i
Comission. Should the Licensee 1 ail 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 i
whole or in part, such answer should be clearly marked as an " Answer to a Notice i
r of Violation" and may:
(1) deny the violation listed in this Notice in whole or 1
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, s0;h answer may l
recuest 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 answe 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 page and Jaragraph numbers) to avoid repetition. The attention of the Licensee is directed to the 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 provisions of 10 CFR 2.205, this matter may be referred to the Attorney General, and the penalty, unless compromised, remitted, or mitigated, may be collected by civil action pursuant to Section 234c of the Act 42 U.S.C. 2282c.
The responses r.oted ebove (Reply to a Notice of Violation, letter with payment of civil penalty and Answer to a Notice of Violation) should De addressed to:
Director, Office of Enforcement, U.S. Nuclear Regulatory Comission, ATTN:
Document Control Desk, Washington,.0.C.
20555 with a copy to the Regional Administrator, U.S. Nuclear Resulatory Comission Region IV, and if applicable, a copy to the NRC Resident inspecter at t.rkansas Nuclear One.
FOR THE NUCLEAR REGULATORY COMMISSION bokh.
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n WL Robert D.Jart4n '
A Regional Abmngttator Dated at Arlington, Texas, This 22n41ay of January 1990
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