ML17209A780

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $40,000 for Noncompliance Noted in IE Insp on 810129.Noncompliance Noted:Failure to Have Operator Present at Controls During Full Power Operation

ML17209A780
Person / Time
Site:	Turkey Point
Issue date:	02/18/1981
From:	Stello V NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
To:
Shared Package
ML17209A779	List: ML17209A778 ML17209A780
References
EA-81-022, EA-81-22, NUDOCS 8102230170
Download: ML17209A780 (4)

Text

APPENDED< A Notice of Violation and Pro osed Im osition cf Civil Penalt r'"rida Power and Light Company T ';key Point 3

Docket No. 50-250 License No.

OPR-31 EA 81-22 Basec on ihe inspection conducied on January 29, 1981, and in accordance with In:crim ="nforcement Pclicy, 45 FR 66754 (October 7, 1980), this office

<roposes io impose a civil penalty pursuani to Section 234 of the Atomic

-.-.=-,"'ci of 1 54 as amended (42 USC 2282, P.K.96-295) and 10 CFR 2.205 in a.-..ount sei for ih below for he fcllowing violation:

0 CFR 50.54(k) states that an opera=or or senior operaior licensed pursuant 0 Pari 5 of this chapter shall be present ai the controls at all iimes during operation of.he facility.

Technical Specificaiion 6.8. 1 requires thai w",iiien procedu. es and ac.,iinistrative policies be established, implemen ed and r aintained that meet or exceed the requirements and recommendations of Section 5.

and 5.3 of ANSI N18.7-1972, Appendix "A" of USNRC Regulaiory Guide 1.33; this includes plant operating procedures.

P lent Gpe

~ a'iing Procedure 0103.2,"Responsibiliiies of Operaiors on Shift and t',ain nance of Operating Locs anc Records,"

states in Section 5.3.3 hai the Nuclear Control Center Gperator (NCCQ) shall have an unobstructec view of and access to the con rol panels, including instrumentation

"'.splays and alarms.

He shall no+ leave the Surveillance Area (Fioure 1) for any non-emergencv reason wiihout obtaining a qualified relief.

Sa'ion 5.3.4 s iates thai a sin~le opal =t or shal 1 not 'assume the NCCQ responsibiliiy for both units ai the sa:

e 'ime unless so directed and such aciion is in compliance wi h Technical Specification

6. 2. 2 or is necessitaied by emeroency conditions.

Conirary io the above, at aboui 11,45 a

m.

on January 29, 1981, the HRC

.=,esiden.

Inspec or cbserved Turkey ?cint "nit 3 operating at full power wi ihou an opel a cr present ai ihe ccn rcl s.

The assi gned Unit 3 operaior

-as in a room behind the Unit 4 instr ment panels which precluded visually

.;oni orin ihe Unii 3 reactor conditions.

The room, although open io the control room, is outside ihe surveillance area specified in Plant Operating

.-"rocedure 0103.2.

A qualified relief had not been obtained and an operaior leavinc ihe surveillance area was not necessitated by an emergency condi iion nor was ihe Unit 4 operator directed :o assume NCCO responsibilities for both uillts.

This is a Severiiy Levei III violation.

Civil Penalty - $40,000

appendix A {Continue Pursuan to 10 CFR 2.201, Florida Power and Light Company is hereby required tc submit to this office within 25 days of the date of this t<otice a written statement or explanation including:

(1) acmission or denial of the alleged.

violation, (Z) the reason for the violation if admitted, (3) corrective steps which have been taken and the results

achieved, (4) corrective steps which will be taken to avoid further violations and (5) the date when full compliance will be achieved.

Under the authority of Section 182 of the Atomic Energy Act as am nded, this response shall be submitted under oath or affirmation.

Fl crida Power and Light Company, wi hin 25 da>>s of the date of this Hotice, may pay t e civil p nalty in the cumulative amount of $40,000 or may protest th irpcsiticn of the civil penalty in whole or in part by a written answer.

Si,culd Flor ida Power and Light Company rail to answer within the time specified, is office will issue an order imposing the civil penalty proposed abov Sh d Florida Pcwer and Light Ccipany elect to file an answer in accordance wi'..;-

1Q CFR 2.205 protesting the civil penal "y, such ans er may (a) deny the i.em o; nc. compliance listed in the Notice of Yiolaticn in whole or in part, (b) demon-a e ext enuati ng circumstances, (c) show erro" i n the f'ctice of Yio 1 atl on or

(,d) show o-:her reasons why the penalty should not be impcsed.

In addition to prctes=i-g the civil peralty ifi whole or in par, such answer may request rem'.ss..:.

cr - tie=- ion ci the penal y.

Any written answer in accordance with 10 CFR 2.2.'=

J C'

c, sei icrih separately from the statement or explanation in reply pursu=;=

.c 1" ".

2.201, but may incorporate by specific reference (e.g.

giving pace an"',"aracraph number s) to avoid repetitiori.

~ 'd=

. o'e, and Light Companv s attention is di; ected to the other provisions CFR Z.205 regarding, in particular, failure tc answer and ensuing orders; ans Br, cc lsideration by this office, and e.suing orders; requests for hearings, hearincs are ensuing orders; compromise; and collec ion.

'. c" rai

< re to pay any civil penalty

='-ue which has b~=n subsequentiy de ermire" a

c nc w th the appl icabl e provisions or 10 CFR 2. 205, the matter may be

. 2r=rred to the A torney General and the penal ty, unl ess compromi sed, remi tte ',

r

- iga ed, mav be collected by civil action pursuant to Section 234c of the

.tc;.,ic Energy /ct of 195-".,

as amended (42 USC 2282}.

FOR THE NUCLEAR REGULATORY CQt!.'{ISSION

~

~

~

e ri Yictor Stel lo', Jr. '~

Dir ctor, Office of Inspection and Enrorcement

=": at Bethesda, Yiaryland

=his>>.-h day of February, 1981

BEFORE THE UNITED STATES NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Florida Power

& Light Company

)

(St.

Lucie Plant, Unit No.

2)

)

Docket No.

50-389A CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing have been served on the following by deposit in the United States

mail, first class, postage

prepaid, this 22nd day of April, 1981.

Ivan W. Smith, Esq.,

Chairman Atomic Safety

& Licensing Board Nuclear Regulatory Commission Washington, D.

C.

20555 Michael A. Duggan, Esq.

College of Business Administration University of Texas Austin, Texas 78172 Robert M. Lazo, Esq.

Atomic Safety

& Licensing Board Nuclear Regulatory Commission Washington, D.

C.

20555 Jerome

Saltzman, Chief Utility Finance Branch Nuclear Regulatory Commission Washington, D.

C.

20555 Thomas Gurney, Sr.,

Esq.

203 North Magnolia Avenue Orlando, Florida 32802 J.

A. Bouknight, Jr.,

Esq.

E. Gregory Barnes, Esq.

Lowens te in,

Newman, Re is

& Axelrad 1025 Connecticut

Avenue, N.

W.

Wahsington, D.

C.

20036 Tracy Danese, Esq.

Vice President for Public Affairs Florida Power

& Light Company P.

O.

Box 013100 Miami, Florida 33101 Jack W.

Shaw, Jr.,

Esq.

John E. Mathews, Jr.,

Esq.

Mathews, Osborne,

Ehrlich, McNatt, Gobelman

& Cobb 1500 American Heritage Life Bldg.

ll East Forsyth Street Jacksonville, Florida 32202 William H. Chandler, Esq.

Chandler, O'Neal, Avera, Gray Land

& Stripling P.

O. Drawer 0

Gainesville, Florida 32602 William C. Wise, Esq.

1200 18th Street, N.

W.

Suite 500 Washington, D.

C.

20036 Herbert Dym, Esq.

Daniel M. Gribbon, Esq.

Covington

& Burling 888 16th Street, N.

W.

Washington, D.

C.

20006 Peter G. Crane, Esq.

Office of General Counsel Nuclear Regulatory Commission Washington, D.

C.

20555 Janet Urban,,Esq.

Department of Justice P.

O.

Box 14141 Washington, D.

C.

20444

Donald A. Kaplan, Esq.

Robert Frbrikant, Esp.

Department of Justice Washing ton, D.

C.

20530 Robert A.

ablon Attorney or Florida Cities April 22, 198l Law Offices of Spiegel a McDiarmid 2600 Virginia Avenue, N.

W.

Washington, D.

C.

20037 (202) 333-4500