ML20134A762

Notice of Violation from Insp on 951222-961022.Violation Noted:After Determining That Emergency Cooling Water Was Incapable of Meeting Required FSAR Flows,Licensee Approved Safety Evaluation

ML20134A762
Person / Time
Site:	Prairie Island
Issue date:	01/23/1997
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:
Shared Package
ML20134A744	List: IR 05000282/1996015 ML20134A762
References
50-282-96-15, 50-306-96-15, EA-96-402, NUDOCS 9701290082
Download: ML20134A762 (3)

Text

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s NOTICE OF VIOLATION AND PROPOSdD IMPOSITION OF civil PENALTY Northern States Power Company Docket Nos. 50-282;50-306 License Nos. DPR-42; DPR-60 Prairie Island EA 96-402 During an NRC inspection conducted on December 22,1995, through October 22,1996,a violation of NRC requirements was identified. In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," NUREG-1600, the NRC 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 fceth below:

10 CFR 50.59(a) states, in part, that a holder of a license may make changes in the facility as described in the safety analysis report, without prior Commission approval, unless the proposed change involves an unreviewed safety question. A proposed change shall be deemed to involve a unreviewed safety question if the probability of occurrence or the consequences of an accident or malfunction of equipment important to safety previously evaluated in the safety analysis report may be increased or if the possibility for an accident or malfunctions of a different type than evaluated previously in the safety analysis report may be created.

Prairie Island Updated Safety Analysis Report, Section 10.4.1.2.2 states, in part, that the emergency cooling water intake line was designed to deliver no less than 1 18,000 gpm with a crib submergence of no more than 4.5 feet caused by the failure of Lock and Dam No. 3. Specific hydraulic analysis has shown that, with the expected lowest river level, the 36-inch intake line should be capable of delivering

' at least 22,500 gpm, and with Lock and Dam No. 3 intact, could deliver at least 30,000 gpm. ,

Contrary to the above, on November 28,1995, after determining that the emergency cooling water intake line was incapable oi meeting the required FSAR 4

flows, the licensee approved a safety evaluation that credited the use of a non-seismic intake canal and operator action to ensure adequate cooling water flows to the safety-related cooling water pumps. The combination of operator action and the use of the non-seismic intake canal to meet the requirements of the FSAR created an unreviewed safety question because they introduced the potential for creating an accident or malfunction of a type different than evaluated previously in the FSAR.

This is a Severity Level lil violation (Supplement I).

Civil Penalty - $50,000.

Pursuant to the provisions of 10 CFR 2.201, Northern States 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 of Violation and Proposed imposition of Civil Penalty (Notice). This reply should be clearly marked as a " 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 9701290082 970123 PDR ADOCK 05000282 O PM

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admitted, and if denied, the reasons why, (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) the date when full compliance will be achieved. If an adequate reply is l not received within the time specified in this Notice, an order or a Demand for Information may be issued as why the license should not be modified, 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, this response shall be submitted under oath or affirmation.

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, money order, or electronic transfer payable to the Treasurer of the United States in the amount of the civil penalty proposed above, or the cumulative amount of the civil penalties if more than one civil penalty is proposed, or may protest imposition of the civil penalty in whole or in part, by a written answer addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission. Should the Licensee f 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 whole or in part, such answer should be clearly marked as an " Answer to a Notice of Violation" and may:

(1) deny the violation (s) 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 not be imposed. In addition to protesting the civil penalty in whole or in part, uuch answer may request remission or mitigation of the penalty.

In requesting mitigation of ti a proposed penalty, the factors addressed in Section VI.B.2 of the Enforcement Policy should be addressed. Any 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 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 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 response noted above (Reply to Notice of Violation, letter with payment of civil penalty, and Answer to a Notice of Violation) should be addressed to: James Lieberman, Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, One White Flint North,11555 Rockville Pike, Rockville, MD 20852-2738, with a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, Region Ill.

Notice of Violation 3 Because your response will be placed in the NRC Public Document Room (PDR), to the extent possible, it should not include any personal privacy, proprietary, or safeguards information so that it can be placed in the PDR without redaction. If personal privacy or proprietary information is necessary to provide an acceptable response, then please provide a bracketed copy of your response that identifies the information that should be protected and a redacted copy of your response that deletes such information. If you request withholding of such material, you must specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim of withholding (e.g., explain why the disclosure of information will create an unwarranted invasion of personal privacy or provide the information required by 10 CFR 2.790(b) to support a request for withholding confidential commercial or financial information). If safeguards information is necessary to provide an acceptable response, please provide the level of protection described in 10 CFR 73.21.

I Dated at Lisle, Illinois, this 23rd day of January 1997 1

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