ML050180401
| ML050180401 | |
| Person / Time | |
|---|---|
| Site: | Catawba  |
| Issue date: | 01/18/2005 |
| From: | Nolan M NRC/OE |
| To: | |
| Trocine L | |
| References | |
| EA-04-189, EA-04-236, EN-05-001 | |
| Download: ML050180401 (2) | |
Text
January 18, 2005 EN-05-001 OFFICE OF ENFORCEMENT NOTIFICATION OF SIGNIFICANT ENFORCEMENT ACTION Licensee:
Duke Energy Corporation EA-04-189 and EA-04-236 Catawba Units 1 and 2 Docket Nos. 50-413 and 50-414
Subject:
ISSUANCE OF A NOTICE OF VIOLATION WITH NO CIVIL PENALTY This is to inform the Commission that a Notice of Violation will be issued on or around January 24, 2005, to Duke Energy Corporation (DEC) as a result of inspections concerning DECs proposed license amendment request (LAR) of February 27, 2003, as supplemented by additional letters through December 10, 2004, and which proposed to revise its technical specifications to allow the use of four mixed oxide (MOX) fuel lead test assemblies (LTA) at Catawba Nuclear Station Units 1 and 2. This action was based on a cited Severity Level III violation (EA-04-189) involving two examples of DECs failure to submit complete and accurate information in violation of 10 CFR 50.9. The first example involves DECs failure to indicate that the reactor core would also include eight next generation fuel (NGF) LTAs as part of the complete core loading of 193 fuel assemblies. The second example involved DECs initial reliance on radiation dose evaluations that were not based on the current plant design basis accident radiation dose estimates. In addition to the cited Severity Level III violation, this action includes a non-cited Severity Level IV violation (EA-04-236) involving DECs failure to update the FSAR as required by 10 CFR 50.71(e).
In accordance with the Enforcement Policy, a base civil penalty in the amount of $60,000 is considered for a Severity Level III violation. Because the facility has not been the subject of escalated enforcement actions within the last 2 years, the NRC considered whether credit was warranted for Corrective Action in accordance with the civil penalty assessment process in Section VI.C.2 of the Enforcement Policy. Credit for corrective action is warranted because the actions taken at DEC to correct the errors were prompt and comprehensive. Therefore, to encourage prompt and comprehensive correction of violations and in recognition of the absence of previous escalated enforcement action, a civil penalty has not been assessed in this case.
It should be noted that the licensee has not been specifically informed of this action. The schedule of issuance and notification are:
Mailing of Notice of Violation January 24, 2005 Telephone Notification of licensee January 24, 2005 The State of South Carolina will be informed.
Contacts:
Leigh Trocine, OE, 415-2319 Chris Nolan, OE, 415-3360
PRELIMINARY INFORMATION - NOT FOR PUBLIC DISCLOSURE UNTIL VERIFICATION THAT LICENSEE HAS RECEIVED ACTION Distribution:
OWFN Chairman Diaz Comm. McGaffigan Comm. Merrifield SECY OCA PA IP OWFN EDO DEDR DEDE OE OGC NRR NSIR OI SP TWFN OCFO OP CENTER NMSS OIG OCIO RES ACRS Regional Offices RI RII RIII RIV MAIL ADAMS File Name: E:\\Filenet\\ML050180401.wpd ADAMS ACCESSION NO.: ML050180401 Publicly Available ~ Non-Publicly Available ~ Sensitive Non-Sensitive OFC OE C
OE NAME LTrocine CNolan DATE 01/18/05 01/18/05 OFFICIAL RECORD COPY