ML20137M470

EN-97-014:on 970227,notice of Proposed Imposition of Civil Penalty in Amount of $100,000 Issued to Licensee.Action Based on Four Violations Catergorized as Two Severity Level III Problems Re Identification of Excessive Silt

ML20137M470
Person / Time
Site:	Byron
Issue date:	02/24/1997
From:	Lieberman J, Pedersen R NRC OFFICE OF ENFORCEMENT (OE)
To:
References
EA-96-508, EN-97-014, EN-97-14, NUDOCS 9704080096
Download: ML20137M470 (2)

Text

_ . _ _ _ _ _ . _ . _ ______._____.____

l February 24. 1997 EN 97-014 0FFICE OF ENFORCEMENT NOTIFICATION OF SIGNIFICANT ENFORCEMENT ACTION l Licensee: Commonwealth Edison Company (EA 96-508) j Byron Station Docket Nos. 50-454: 50-455 Sub.iect: PROPOSED IMPOSITION OF CIVIL PENALTIES - $100.000 l This. is to inform the Commission that a Notice of Violation and Proposed Imposition of Civil Penalties in the amount of $100.000 will be issued on or about February 27, 1997, to the Commonwealth Edison Company. The action is based on four violations categorized as two Severity Level III problems related to the identification of excessive silt accumulation in the essential

! service water (ESW) cooling tower basins and the river screen house intake ,

channel. The first problem involved the failure to (1) translate design '

l configuration information into volumetric requirements for the ESW cooling tower makeup calculation and (2) develop an appropriate acceptance criteria for surveillance procedures to assure ESW operability. The second problem involved two failures to take appropriate corrective actions for conditions adverse to quality involving the silt accumulation and degraded ESW trash racks.

In accordance with the Enforcement Policy, a base civil penalty in the amount l of $50,000 is considered for a Severity Level III violation or 3roblem.

Because this was not the first escalated enforcement action wit 11n 2 years, the staff considered whether credit was warranted for Identf fication and Corrective Action for each of the Severity Level III )roblems. With respect l to the first case, although the licensee identified tie inadequate ESW makeup i- calculation. it was as a result of continuing questions from the NRC l inspectors and the licensee missed an opportunity to identify this issue l earlier during a design-basis reconstitution performed in 1991 and 1992. The l NRC identified the inadequate acceptance criteria violation. Therefore.

credit for Identification was not warranted for the first problem. Credit was i i not warranted for Identffication for the second problem because the corrective l action failures were identified by the NRC. Credit was warranted for ,

Corrective Action for both cases. Therefore, a base penalty of $50,000 was j proposed for each Severity Level III problem.

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

l Mailing of Notice February 27, 1997 l

Telephone Notification of Licensee February 27. 1997 l

• The State of Illinois will be notified.

i l 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, i mitigated, or imposed by Order. ,

Contacts: Ren6e Pedersen. OE, 415-2742 l J. Lieberman. OE. 415-2741  %

9704080096 970224 PDR I&E EN-97-014 PDR

EN 97-014 Distribution

• OWFN OWFN TWFN Regional Offices Chairman Jackson EDO OC RI RIV Comm. Rogers DEDR AEOD RII WCF0 Comm. Dicus DEDO OP CTR RIII Comm. Diaz OE NMSS Comm. McGaffigan OGC IRM MAIL SECY NRR OIG NUDOCS DCA 01 RES PUBLIC PA SP ACRS IP PRELIMINARY INFORMATION - NOT FOR PUBLIC DISCLOSURE UNTIL VERIFICATION THAT LICENSEE HAS RECEIVED ACTION l

l l

i l

2 l