97-14397. In the Matter of Tennessee Valley Authority, Sequoyah Nuclear Plant, Units 1 and 2; Order Imposing Civil Monetary Penalty  

  • [Federal Register Volume 62, Number 106 (Tuesday, June 3, 1997)]
    [Notices]
    [Pages 30349-30355]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-14397]
    
    
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    NUCLEAR REGULATORY COMMISSION
    
    [Docket Nos. 50-327 and 50-328, License Nos. DPR-77 and DPR-79, EA 96-
    414]
    
    
    In the Matter of Tennessee Valley Authority, Sequoyah Nuclear 
    Plant, Units 1 and 2; Order Imposing Civil Monetary Penalty
    
    I
    
        Tennessee Valley Authority (Licensee) is the holder of Operating 
    License Nos. DPR-77 and DPR-79 issued by the Nuclear Regulatory 
    Commission (NRC or Commission) on September 17, 1980, and September 15, 
    1981, respectively. The licenses authorize the Licensee to operate the 
    Sequoyah Nuclear Plant, Units 1 and 2 in accordance with the conditions 
    specified therein.
    
    II
    
        An inspection of the Licensee's activities at the Sequoyah Nuclear 
    Plant was conducted during the period September 19 through November 2, 
    1996. The results of this inspection indicated that the Licensee had 
    not conducted its activities in full compliance with NRC requirements. 
    A written Notice of Violation and Proposed Imposition of Civil 
    Penalties (Notice) was served upon the Licensee by letter dated 
    December 24, 1996. The Notice stated the nature of the violations, the 
    provisions of the NRC's requirements that the Licensee had violated, 
    and the amount of the civil penalty proposed for the violations.
        The Licensee responded to the Notice in a letter dated January 23, 
    1997. In its response, the Licensee agreed that the violations occurred 
    but contested NRC's application of the Enforcement Policy and requested 
    the NRC to reconsider its decision to categorize Violations A(1), A(2) 
    and A(3) as a Severity Level III problem and mitigate the proposed 
    civil penalty for Violations A(1), A(2) and A(3) in its entirety. The 
    Licensee's request was based on its view that NRC's categorization of 
    Violations A(1), A(2) and A(3) as a Severity Level III problem and the 
    proposed imposition of a $50,000 civil penalty was inconsistent with 
    the NRC Enforcement Policy.
    
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    III
    
        After consideration of the Licensee's response and the statements 
    of fact, explanation, and argument for mitigation contained therein, 
    the NRC staff has determined, as set forth in the Appendix to this 
    Order, that the violations occurred as stated and that the penalty 
    proposed for the violations designated in the Notice should be imposed.
    
    IV
    
        In view of the foregoing and pursuant to Section 234 of the Atomic 
    Energy Act of 1954, as amended (Act), 42 U.S.C. 2282, and 10 CFR 2.205, 
    It is hereby ordered That:
        The Licensee pay a civil penalty in the amount of $50,000 within 30 
    days of the date of this Order, by check, draft, money order, or 
    electronic transfer, payable to the Treasurer of the United States and 
    mailed to James Lieberman, Director, Office of Enforcement, U.S. 
    Nuclear Regulatory Commission, One White Flint North, 11555 Rockville 
    Pike, Rockville, MD 20852-2738.
    
    V
    
        The Licensee may request a hearing within 30 days of the date of 
    this Order. Where good cause is shown, consideration will be given to 
    extending the time to request a hearing. A request for extension of 
    time must be made in writing to the Director, Office of Enforcement, 
    U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, and include 
    a statement of good cause for the extension. A request for a hearing 
    should be clearly marked as a ``Request for an Enforcement Hearing'' 
    and shall be addressed to the Director, Office of Enforcement, U.S. 
    Nuclear Regulatory Commission, Washington, D.C. 20555, with a copy to 
    the Commission's Document Control Desk, Washington, D.C. 20555. Copies 
    also shall be sent to the Assistant General Counsel for Hearings and 
    Enforcement at the same address and to the Regional Administrator, NRC 
    Region II, Atlanta Federal Center, 61 Forsyth Street, S.W., Suite 
    23T85, Atlanta, Georgia 30303.
        If a hearing is requested, the Commission will issue an Order 
    designating the time and place of the hearing. If the Licensee fails to 
    request a hearing within 30 days of the date of this Order (or if 
    written approval of an extension of time in which to request a hearing 
    has not been granted), the provisions of this Order shall be effective 
    without further proceedings. If payment has not been made by that time, 
    the matter may be referred to the Attorney General for collection.
        In the event the Licensee requests a hearing as provided above, the 
    issue to be considered at such hearing shall be:
        Whether on the basis of the violations admitted by the Licensee, 
    this Order should be sustained.
    
        Dated at Rockville, Maryland this 23d day of May 1997.
    
        For the Nuclear Regulatory Commission.
    Edward L. Jordan,
    Deputy Executive Director for Regulatory Effectiveness, Program 
    Oversight, Investigations and Enforcement.
    
    Evaluations and Conclusion
    
    Violations A(1), A(2) and A(3)
    
        On December 24, 1996, the NRC issued to Tennessee Valley Authority 
    (licensee or TVA) a Notice of Violation and Proposed Imposition of 
    Civil Penalties (NOV) including three violations, described as A(1), 
    A(2) and A(3), identified during an NRC inspection conducted during the 
    period September 19 through November 2, 1996, at the Sequoyah Nuclear 
    Plant. In its response dated January 23, 1997, the licensee agreed that 
    the violations occurred but stated that NRC's categorization of 
    Violations A(1), A(2) and A(3) as a Severity Level III problem and the 
    proposed imposition of a $50,000 civil penalty was inconsistent with 
    the NRC Enforcement Policy. The licensee requested that the NRC 
    reconsider its decision regarding the severity level of the violations 
    and/or mitigate the proposed civil penalty in its entirety. The NRC's 
    evaluations and conclusion regarding the licensee's requests are as 
    follows:
    
    Summary of Licensee's Request for Reduction in Severity Level
    
        In its request for reconsideration of the severity level of 
    Violations A(1), A(2) and A(3), the licensee maintained that site 
    management had begun a series of initiatives designed to improve 
    corrective action program effectiveness. The initiatives included: (1) 
    Providing root cause analysis training to engineering personnel, (2) 
    increasing engineering awareness of maintenance and plant activities, 
    (3) lowering the threshold for identifying deficient plant conditions 
    through management monitoring and coaching in the field, and (4) adding 
    senior management review of equipment root cause analysis to reinforce 
    management expectations.
        With regard to TVA's history of activities to upgrade the Sequoyah 
    corrective action program, the licensee maintained that as early as 
    July 1996, TVA had identified the fact that problems existed with 
    corrective action program implementation. In a management meeting with 
    the NRC on August 8, 1996, TVA informed the NRC that corrective actions 
    did not always achieve problem resolution. Additionally, based on a 
    1995 TVA quality assurance audit, an accelerated audit schedule was 
    initiated in the area of the corrective action program. The September 
    1996 corrective action audit identified that corrective action program 
    implementation was not totally effective. Therefore, the licensee 
    concluded that the root cause for the October 11, 1996 equipment 
    failures (inadequate corrective action program implementation) was 
    previously identified by TVA in advance of the equipment failures.
        In addition, TVA noted that the NRC's Enforcement Policy 
    specifically recognizes that credit for identification is warranted in 
    those situations where the problem is identified through an event, and 
    the licensee has made a noteworthy effort in determining the root cause 
    associated with the violations. TVA stated that it believed that such 
    credit is especially warranted in this case because TVA had identified 
    the root cause even before the equipment failures arose and was taking 
    action, both at the time of the failures and after the failures took 
    place, to address the cause. The following summarizes the violations 
    cited by NRC and information submitted by TVA in support of a request 
    for reduction in severity level.
    Violation A(1)
        This violation involved the licensee's failure to perform adequate 
    evaluations of deficient conditions and to take adequate corrective 
    actions to preclude repetition of significant conditions adverse to 
    quality for the main feedwater isolation valve (MFIV) failures in 
    January 1989, September 1990, September 1994, and April 1995. The 
    failure to preclude repetition of this adverse condition resulted in 
    the failure of MFIV 2-MVOP-003-0100-B to close on October 11, 1996, 
    after receiving a valid feedwater isolation signal.
        The licensee stated that the listing of the earlier MFIV 
    ``failures'' oversimplified the maintenance history of the subject 
    valve. The January 1989 failure marked the first failure of a MFIV due 
    to corrosion build-up on the brake. Extensive corrective actions were 
    taken, and it was believed that those actions were fully adequate to 
    prevent recurrence following the 1990 MFIV failure. The licensee noted 
    that the motor did not fail to stroke in September 1994; however, water 
    and rust were found in the brake assembly. The licensee stated that in 
    April 1995,
    
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    the MFIV did not initially travel to the closed position on operator 
    demand due to an electrical short in the brake circuitry and the 
    problem was not associated with motor brake corrosion.
        In addition, the licensee noted that the NOV cover letter discussed 
    failures of the MFIV to stroke on four previous occasions. The 
    licensee, in clarification of the previous failures, noted that the 
    valve failed to stroke on two occasions due to corrosion of the brake 
    assembly and failed a third time due to an electrical problem. The 
    licensee also indicated that the brake was not tested prior to 
    maintenance in September 1994 and, therefore, the NRC statement that 
    the valve failed to stroke was not accurate.
    Violation A(2)
        This violation involved the licensee's failure to implement a 
    corrective action plan developed in late 1993 to address issues 
    identified in NRC Inspection and Enforcement (IE) Bulletin 78-14, 
    ``Deterioration of Buna-N Components in ASCO Solenoids,'' and Generic 
    Letter 91-15, ``Operating Experience Feedback Report, Solenoid-Operated 
    Valve Problems at United States Reactors.'' This violation also 
    addressed the licensee's failure to implement effective corrective 
    actions for Problem Evaluation Report (PER) SQPER930001, which 
    identified previous deficiencies in the operation of ASCO solenoid 
    valves due to degradation of the Buna-N material.
        The December 24, 1996 NRC letter stated that the failure of the 
    ASCO solenoid valve caused excessive reactor coolant pump (RCP) seal 
    leakage. The licensee stated that, more accurately, TVA shut down the 
    unit in accordance with procedural guidance for an alarm condition, 
    that RCP total seal flow remained stable, that the No. 2 RCP seal is 
    designed for 100 hours of operation at full reactor coolant system 
    pressure, and that as such, the condition of the No. 2 RCP seal was 
    within its design basis.
        In addition, the licensee contended that the December 24 letter 
    inaccurately stated that a number of other valves were subsequently 
    determined to be degraded. In response, TVA noted that some of the 
    valves containing the Buna-N material had signs of aging, but were 
    capable of performing their intended safety function.
        The licensee further noted that the December 24 letter stated that 
    TVA had been alerted to problems with Buna-N by NRC Bulletin 78-14 and 
    Generic Letter 91-15, however; the licensee maintained that these 
    documents did not specifically identify the problems that TVA 
    experienced. The licensee noted that NRC Bulletin 78-14 discussed 
    deterioration through natural aging and did not specifically address 
    thermal degradation of the Buna-N materials. The licensee also stated 
    that Generic Letter 91-15 discussed the reliability of solenoid valves 
    used in safety applications and then stated that the RCP seal return 
    isolation valve solenoid was not safety related.
        Finally, the licensee noted that PER SQPER930001 was initiated to 
    address solenoid valves that were mounted directly to hot piping 
    systems and that the solenoid valve on the RCS pump seal return flow 
    control valve operated in a much more moderate temperature and was not 
    mounted directly to any hot piping system.
    Violation A(3)
        This violation involved the licensee's failure to develop an 
    adequate corrective action plan and the failure to implement adequate 
    corrective actions for the inadvertent fire system deluge actuation in 
    July 1996.
        In response, TVA noted that it had corrected the leaking water 
    source, replaced the failed fire detector, and conducted a post-deluge 
    walkdown of the area, but did not inspect the affected junction box. 
    The licensee also noted that it would have been difficult to recognize 
    the water intrusion path.
        The licensee concluded that given TVA's early identification and 
    initiation of corrective actions and its several initiatives to upgrade 
    the plant's material condition, sufficient bases exists for not 
    imposing any civil penalty for the events associated with the October 
    11, 1996, Unit 2 shutdown. The licensee concluded that the violations 
    could more appropriately be cited as separate Severity Level IV 
    violations or that enforcement discretion should be exercised based on 
    credit for TVA's identification and comprehensive corrective action. 
    TVA also noted that a civil penalty under the facts and circumstances 
    at hand would serve no purpose other than to punish the licensee and 
    would be in contrast to the enforcement policy's stated purpose which 
    is to, among other things, focus on the current performance of the 
    licensee.
    
    NRC Evaluation of Licensee's Request for Reduction in Severity Level
    
        In reviewing the licensee's response, no additional information was 
    provided that was not previously considered by the NRC in its 
    deliberations regarding this matter.
        The NRC acknowledges the licensee's position that, individually, 
    the safety consequences of these violations were not a major concern. 
    However, based on the fact that the three equipment failures that 
    resulted from failures to take adequate corrective action all 
    complicated the recovery from one event, the NRC concludes the 
    regulatory significance of failing to take adequate corrective action 
    and the potential safety consequences of the resulting multiple 
    equipment failures during an event represents a significant regulatory 
    concern. As stated in Section IV.A of the Enforcement Policy (NUREG-
    1600), a group of Severity Level IV violations may be evaluated in the 
    aggregate and assigned a single, increased severity level, thereby 
    resulting in a Severity Level III problem, if the violations have the 
    same underlying cause or programmatic deficiencies. The purpose of 
    aggregating violations is to focus the licensee's attention on the 
    fundamental underlying causes for which enforcement action is warranted 
    and to reflect the fact that several violations with a common cause may 
    be more significant collectively than individually and may, therefore, 
    warrant a more substantial enforcement action. In this case, the NRC 
    determined that the violations have the same underlying cause: 
    inadequate implementation of the corrective action program; and 
    therefore, were considered to be a significant regulatory concern.
        The licensee's position that the NRC should exercise discretion for 
    identifying corrective action program problems and the improvements 
    initiated in September 1996 cannot be supported. The NRC recognizes 
    that improvement steps have been taken. However, inadequate 
    implementation of the corrective action program has been identified as 
    a continuing problem. NRC-identified corrective action program 
    implementation deficiencies were noted in multiple inspection reports 
    and previous Systematic Assessments of Licensee Performance (SALP) 
    reports, in addition to present findings from licensee audits 
    indicating the need for further improvements. Specifically, the 
    Sequoyah Quality Assurance (QA) organization recently published similar 
    conclusions. QA's ``Sequoyah Executive Summary--First Quarter Fiscal 
    Year 1997'' report identified that both the Maintenance and Engineering 
    organizations had failed to correct long-standing issues. In addition, 
    recent, continuing QA audits of the corrective action program have 
    identified poor corrective action program implementation in that a 
    significant number of PERs were being rejected due to inadequate root 
    cause
    
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    determination or insufficient corrective actions. The most recent NRC 
    SALP report, NRC Inspection Report (IR) 50-327 and 50-328/96-99, dated 
    September 6, 1996, also stated that corrective actions were untimely 
    and not fully effective in many cases. Prior to that, the 1995 NRC SALP 
    report, IR 95-99, dated February 21, 1995, noted several instances 
    where ineffective corrective actions were observed. IRs 327, 328/96-09, 
    96-08, 96-01, and 95-26 identified various ineffective corrective 
    action issues or violations. In addition, IR 327, 328/95-25, the Final 
    Integrated Performance Assessment Process Report, noted in the area of 
    Engineering, a ``Weakness'' in Problem Identification/Problem 
    Resolution and in the area of Safety Assessment/Corrective Action, 
    noted a ``Significant Weakness'' in the area of Problem Resolution. 
    These problems with the corrective action program indicated continuing 
    weak program implementation and weak expectations regarding equipment 
    failure trending, which related to a lack of management oversight and 
    control of the corrective action program. Accordingly, enforcement 
    discretion is not warranted.
        A discussion of the licensee's specific comments on each violation 
    is described in detail below:
    Violation A(1)
        Enclosure 1 of the NOV cited TVA's failure to perform adequate 
    evaluations or to take adequate corrective actions for MFIV failures in 
    January 1989, September 1990, September 1994, and April 1995. The 
    licensee stated ``this listing of MFIV failures oversimplified the 
    maintenance history of the subject MFIV.'' The licensee provided a 
    short history of each of the brake failures, and noted that the MFIV 
    only failed to stroke on two occasions. In addition, the licensee 
    stated: ``In April 1995, the MFIV did not initially travel to the 
    closed position on operator demand because of an electrical short 
    circuit. The problem was not associated with motor brake corrosion.''
        The NRC does not disagree with the licensee's clarification 
    regarding the number of times the MFIV failed to stroke. However, the 
    licensee has not provided a sufficient basis to support its conclusion 
    that the April 1995 MFIV failure was due to an electrical short 
    circuit, and the NRC does not agree with the licensee's evaluation. The 
    work order associated with the April 1995 failure listed an 
    ``electrical ground'' as the cause of the failure, not an electrical 
    short. A grounded lead would not have affected the functioning of the 
    MFIV. A circuit short would have caused the motor brake assembly 
    circuit fuses to blow, which was not documented. Regardless, neither an 
    electrical ground nor a short circuit would have prevented the 
    operation of the MFIV. The inspectors were informed by the licensee 
    that the motor is designed to override the brake assembly and to close 
    the valve if the brake does not electrically release. In addition, the 
    inspectors noted that the brake assembly was discarded due to a 
    grounded lead, which did not appear to be reasonable for an expensive 
    piece of equipment, and that an evaluation or root cause determination 
    of the brake assembly was not performed. In addition, maintenance 
    workers extensively applied a sealant to the brake assembly housing, 
    indicating that water intrusion was a known problem for this valve. 
    This was especially apparent since none of the other seven MFIVs had 
    any sealant applications.
        In this example, the NRC violation specifically cited the 
    licensee's failure to perform adequate evaluations of deficient 
    conditions. Although the actual root cause of the April 1995 failure, 
    is unknown and debatable, the inspectors concluded that the licensee's 
    documented root cause, ``grounded lead,'' would not have resulted in 
    the observed failure. Therefore, the NRC concluded that the licensee 
    failed to perform an adequate evaluation for the April 1995, failure 
    and subsequently did not identify appropriate corrective actions.
        Nevertheless, the NRC continues to believe numerous opportunities 
    existed to identify this particular component as problematic and to 
    perform the necessary evaluation to identify the MFIV moisture 
    intrusion problem. TVA failed to identify the root cause and take 
    adequate corrective actions for the recurring failures.
    Violation A(2)
        The licensee indicated that the NRC December 24, 1996 letter 
    statement, `` * * * the failure of the ASCO solenoid valve caused 
    excessive RCP seal leakage,'' was not accurate. The licensee took 
    exception to the word ``excessive'' and then stated, ``More accurately, 
    TVA shut down the unit in accordance with procedural guidance 
    applicable to the alarm condition resulting from low No. 1 seal return 
    flow. Specifically, the closure of the No. 1 seal return flow control 
    valve resulted in the normal No. 1 seal return flow cascading to the 
    Nos. 2 and 3 seals. Overall, total seal flow to the RCP remained 
    stable. The No. 2 RCP seal is designed for 100 hours of operation at 
    full RCS pressure to allow operators time to react. As such, the 
    condition to which the No. 2 seal was subjected was within the design 
    condition for that seal.''
        The inspectors noted that, on October 11, 1996, a seal leakoff low 
    flow alarm for the No. 4 RCP annunciated, followed shortly by the RCP 
    standpipe alarm high/low annunciation. The operators entered Abnormal 
    Operating Procedure R.04, ``Reactor Coolant Pump Malfunctions,'' 
    Section 2.3, ``RCP #1 Seal Leakoff Low Flow.'' Step 6 of Section 2.3, 
    ``Verify RCP #2 seal leakoff less than or equal to 0.5 gpm,'' directed 
    the operators to Section 2.4, ``RCP #2 Seal Leakoff High Flow.'' A note 
    in Section 2.4 states, ``A leakoff of greater than 0.5 gpm indicates 
    that a seal problem exists.'' Step 3 of Section 2.4 directs the 
    operators to ``Monitor RCP #2 seal Intact: Verify RCP #2 seal leakoff 
    less than or equal to 0.5 gpm. * * * '' If RCP #2 seal is greater than 
    0.5 gpm, the operators are directed to perform a plant shutdown within 
    8 hours. Also, Summary Report, Failure of 2-FCV-62-48, RCP #4 Seal Leak 
    Off Isolation Valve, stated, ``An entry was made in containment to 
    check the Loop 4 No. 1 Seal Leak Off Isolation valve and it was found 
    to be closed, resulting in abnormally high leak off from the No. 2 
    seals. * * * ''
        The NRC realizes that total seal leakage for this event was not 
    significant when based on overall RCS inventory. However, based on 
    leakage that exceeded the alarm setpoint and which required a plant 
    shutdown, the NRC still considers the term ``excessive'' to be 
    appropriate as used in this context.
        The licensee indicated that the December 24 NRC letter inaccurately 
    stated that `` * * * a number of other valves were subsequently 
    determined to be degraded.'' The licensee stated, ``More accurately, 
    following the October 11, 1996 event, TVA's extent of condition review 
    found no other instances where solenoid valves had failed. The review 
    did identify some solenoid valves containing Buna-N material with signs 
    of aging. As a conservative measure to increase equipment reliability, 
    these solenoid valves were replaced. The replaced solenoid valves were 
    capable of performing their intended function in their `as-found' 
    condition.''
        The NRC disagrees with this licensee position. The NRC's statement 
    was based on information provided to the NRC by the licensee which 
    indicated that several of the valves were determined to be ``leaking 
    through'' and/or had reduced o-ring elastomer resiliency. The NRC 
    considers these ``signs of aging'' to be indications of
    
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    degradation. In addition, the ASCO solenoid valves with the Buna-N 
    material were only qualified for environmental conditions of less than 
    125 degrees F. However, they were installed where area temperatures 
    exceeded 125 degrees F, which greatly reduced their qualified life. The 
    licensee documented that the valves remained in service for extended 
    periods past their qualified life and as a result, showed signs of 
    aging.
        The licensee quoted a statement in the NRC December 24 letter 
    accompanying the violation that ``TVA had been alerted to problems with 
    Buna-N by NRC Bulletin 78-14, Generic Letter 91-15, and a SQN Problem 
    Evaluation Report (PER);'' and stated that ``Listing these documents 
    gives the impression that each document directly addressed the problem 
    at hand. This is not the case.''
        The NRC's intent in listing these documents was to indicate that 
    generic information was available on thermal aging of Buna-N that 
    should have been implemented into Sequoyah's corrective action program. 
    Generic communications are not intended to address every possible 
    failure mechanism. However, in this case Generic Letter 91-15 
    referenced NUREG-1275, Vol. 6, Operating Experience Feedback Report--
    Solenoid-Operated Valve Problems, which focused on solenoid operated 
    valve (SOV) failures from 1984 through 1989. Section 5.1.1.3 of NUREG-
    1275 discussed localized ``hot spots'' in containment and reductions in 
    qualified life of the SOVs, which was the precise condition TVA 
    experienced. In addition, based on Generic Letter 91-15, in December 
    1993, TVA developed corrective actions to implement the Generic Letter 
    concerns (PER SQPER930001), which if broadly implemented had the 
    potential to identify and correct the adverse Buna-N condition; 
    however, at the time of the event, the corrective actions had not been 
    implemented. The NRC's conclusions regarding the ASCO solenoid valve 
    failure were based on the licensee's root cause investigation, which 
    stated that TVA never implemented the action plan developed in 1993.
        Further, the NRC noted that following the event, PER No. SQ962633 
    was initiated and stated, ``Although this type of failure had occurred 
    previously at Sequoyah and had been addressed in an NRC Generic Letter, 
    actions were not taken by plant personnel to prevent future similar 
    failures. The root cause of the valve failure is ineffective 
    application of plant and industry operating experience.'' Based on this 
    documented statement, the licensee's contention that they had not been 
    alerted to the problem is inconsistent with what was said previously in 
    PER No. SQ962633.
    Violation A(3)
        The licensee's interpretation noted that TVA had corrected the 
    leaking water source, replaced the failed fire detector, conducted a 
    post-deluge walkdown of the area but did not inspect the affected 
    junction box. TVA also noted that it would have been difficult to 
    recognize the water intrusion path.
        The NRC was aware of the immediate corrective action plan initiated 
    by the licensee in response to the high-pressure fire protection system 
    deluge header actuation in the Unit 2 turbine building which occurred 
    on July 16, 1996. However, that action plan was not thorough in that it 
    did not consider water intrusion into junction boxes. The licensee 
    stated in their reply to the Notice of Violation that, subsequent to 
    the Unit 2 turbine runback and trip on October 11, 1996, a total of 66 
    Unit 2 local instrument panels and 70 Unit 1 junction boxes were 
    inspected and evaluated, and repairs were either completed during the 
    forced outage or scheduled within the work scheduling process. During 
    that review, additional junction boxes in the turbine buildings for 
    both units were identified where previous water intrusion was evident. 
    The NRC concluded that a thorough corrective action plan following the 
    July 1996 deluge event would have at least considered the possibility 
    of water intrusion into junction boxes and instrument panels.
        In sum, the failure to take appropriate corrective actions as 
    demonstrated by the three violations represent a significant regulatory 
    concern as the inadequate corrective actions contributed to plant 
    events. The licensee has not provided an adequate bases to modify the 
    Severity Level determination.
    
    Summary of Licensee's Request for Mitigation of Civil Penalty
    
        The licensee believes the civil penalty should be mitigated in its 
    entirety because the current site management team was ``keenly aware'' 
    that the quality of past corrective actions was still impacting current 
    performance. In addition, the problems associated with the corrective 
    action program were being aggressively addressed by ongoing improvement 
    initiatives. TVA noted that the comprehensive actions greatly mitigated 
    any regulatory significance that might otherwise exist in this area. 
    TVA requested the NRC to view events in the broader perspective of the 
    improved corrective action program and plant material condition 
    upgrades in exercising discretion to mitigate the civil penalty 
    associated with these violations.
    
    NRC Evaluation of Licensee's Request for Mitigation of Civil Penalty
    
        The NRC does not fully agree with the licensee's position that TVA 
    identified the corrective action program implementation problems and 
    then took comprehensive actions in September 1996. Previous inspection 
    reports and SALP reports noted corrective action program implementation 
    problems. However, the licensee did not fully address the problems in 
    September 1996, and significant corrective action program problems are 
    still being identified. The problems with the corrective action program 
    indicated continuing weak program implementation and weak expectations 
    regarding equipment failure trending, which related to a lack of 
    management oversight and control of the corrective action program.
        Contrary to the licensee's statements, the NRC did consider the 
    licensee's efforts to improve the corrective action program's 
    effectiveness prior to the October 11, 1996 event. However, as 
    evidenced by the violations cited in the Notice and the specific 
    circumstances surrounding them, as described in the inspection report, 
    the NRC concluded that (1) the licensee's corrective actions prior to 
    the equipment failures associated with the October 11, 1996 Unit 2 
    shutdown, were not fully effective in assuring adequate resolution of 
    repetitive equipment failures and avoiding additional non-compliances, 
    and (2) the violations were the result of ineffective corrective action 
    program implementation. Specifically, the examples of inadequate 
    corrective actions identified in Violations A(1), A(2) and A(3) 
    indicate that previous initiatives had not achieved the desired 
    results.
        The guidance described in Section VI.B.2.b of the Enforcement 
    Policy was used to evaluate the licensee's actions related to the 
    factor of Identification. Specifically, the NRC concluded that 
    Violations A(1), A(2) and A(3) were revealed through an event. The 
    three violations were identified as a result of the failure of the 
    components involved during the October 11, 1996 event. When violations 
    are identified through an event, Section VI.B.2.b of the Enforcement 
    Policy states that the decision on whether to give the licensee
    
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    credit for actions related to identification normally should consider: 
    (1) the ease of discovery; (2) whether the event occurred as the result 
    of a licensee self-monitoring effort; (3) the degree of licensee 
    initiative in identifying the problem or problems requiring corrective 
    action, and (4) whether prior opportunities existed to identify the 
    problem. Enforcement Policy Section VI.B.2.b further states that any of 
    these considerations may be overriding if particularly noteworthy or 
    particularly egregious.
        With regard to ease of discovery and prior opportunities, the NRC 
    believes that sufficient information was available to the licensee in 
    each case that led to a violation to indicate that a problem existed. 
    The failure to consider adequately the potential scope of the problems 
    indicated by previous equipment failures and generic communications was 
    an overriding reason to deny credit for identification.
        With regard to the degree of licensee initiative in identifying the 
    problem, the fact that TVA had previously recognized the shortcomings 
    of the corrective action program as early as 1995 but failed to 
    identify the violations was of concern to the NRC. In the licensee 
    response, the highlighted corrective actions only addressed actions to 
    ensure future identification of problems and did not address correction 
    of previous failures of the corrective action program to resolve 
    deficiencies.
        The event did not occur as a result of a licensee self-monitoring 
    activity; therefore, the NRC concluded, as stated in the December 24, 
    1996 letter, that credit was not warranted for the factor of 
    Identification. The licensee has not provided an adequate argument to 
    mitigate the civil penalty based on the identification factor.
        The NRC did conclude in the December 24, 1996 letter that credit 
    was warranted for the factor of Corrective Action, based on the 
    extensive corrective actions outlined by the licensee at the December 
    16, 1996 predecisional enforcement conference to improve (1) plant 
    material conditions, (2) management effectiveness, and (3) 
    implementation of the corrective action program. The NRC acknowledged 
    that the licensee had taken and proposed steps, at the time of the 
    predecisional enforcement conference, to improve corrective actions at 
    Sequoyah. However, based on subsequent QA findings, it appears that 
    even TVA's most recent efforts to improve the corrective action program 
    have not been fully effective. While the NRC is not reconsidering the 
    decision to grant Corrective Action credit, the NRC remains concerned 
    and emphasizes again the importance of prompt and comprehensive 
    corrective action.
    
    NRC Conclusion
    
        The NRC concludes that the violations occurred as stated and that 
    collectively they represent a Severity Level III problem. The licensee 
    had opportunities to resolve the issues, in some cases multiple 
    opportunities, however, the deficiencies remained until clearly 
    identified as a result of the October 11, 1996, plant event. Therefore, 
    the NRC has concluded that, neither an adequate basis for a reduction 
    of the severity level nor for mitigation of the civil penalty were 
    provided by the licensee. Consequently, the proposed civil penalty in 
    the amount of $50,000 should be imposed.
    
    Response to Licensee Comments on Violations B(1), B(2) and B(3)
    
        In its response of January 23, 1997, TVA expressed the following 
    concerns with the descriptions of violations B(1), B(2), and B(3) in 
    the NOV.
        1. The licensee noted that the December 24, 1996 NRC letter 
    identified one of the root causes of the violations as poor 
    communications among Operations, Maintenance, and Engineering, and the 
    licensee also noted that it could be inferred that poor communication 
    was prevalent throughout the event. In addition, the licensee stated 
    its belief that the poor communications were limited to the subsequent 
    analysis of the equipment condition.
        The December 24 letter statement was intended to be a general 
    statement and was not intended to infer that poor communications were 
    ``prevalent'' throughout the event. However, NRC findings indicated 
    that poor communication was not limited only to the subsequent analysis 
    of the condition. Interviews indicated that the Shift Manager, Unit 
    Shift Supervisor and operators had concerns with operability of the 
    reactor trip breaker; however, the differences between Operations and 
    Maintenance/Engineering were not resolved without management 
    intervention, which resulted in the Limiting Condition for Operation 
    (LCO) being exceeded. This was considered to be a communications issue. 
    In addition, the initial PER did not identify in writing the issue 
    regarding the P-4 turbine trip function, that was later added to the 
    PER due to the Shift Manager's request the following day. This was also 
    considered to be a communications issue. These issues, i.e., the fact 
    that the event review team knew that the disconnected reactor trip 
    breaker contacts affected the operability of the breaker, Technical 
    Support had evaluated the disconnected contact condition, compliance 
    personnel had evaluated the disconnected contacts, management was not 
    notified of the adverse condition and, the event review did not 
    document the adverse condition, were collectively considered to 
    represent poor communications.
        2. The licensee noted that the December 24, 1996 NRC letter 
    identified non-conservative decision making as one of the root causes 
    of the violations. This was based on Operations' failure to remove the 
    suspect reactor trip breaker (RTB) for a number of hours. An early, 
    conservative decision on RTB operability could have precluded exceeding 
    the LCO. The licensee stated that at the time the LCO expired, 
    available information/data, did not indicate any abnormality beyond a 
    set of dirty contacts or a loose connection associated with the RTB 
    computer input circuit, and a ``conservative decision'' was made 
    ``not'' to remove the RTB until: (1) An evaluation was made related to 
    the potential for a transient and (2) the breaker was determined to be 
    the most likely cause of the alarm.
        The intent of the December 24 letter comment was to put the 
    licensee on notice that a conservative decision ``could'' have 
    prevented exceeding the LCO. In this case, when the breaker abnormality 
    was indicated by an alarm following refurbishment activities, it was 
    not a conservative decision to assume the cause prematurely and leave 
    the breaker in place. A conservative decision would have been instead 
    to remove the suspect equipment until further testing could be 
    completed to ensure operability.
        3. The licensee noted that the December 24, 1996 NRC letter stated 
    that Maintenance and Engineering personnel failed to recognize the 
    significance of the rod deviation computer alarm and failed to 
    understand its potential impact on operability. The licensee stated 
    that this NRC comment was based on the licensee staff proposal to 
    troubleshoot the RTB and to ``dummy'' a signal to the computer. In the 
    TVA clarification, the licensee stated that there were no indications 
    that more than one contact was suspect and that the dummied computer 
    value allowed continuous rod deviation monitoring which relieved 
    operators from additional LCO actions. In addition, the licensee stated 
    that it considered the insertion of the dummied value to be more 
    conservative and that the activity was not performed to mask the alarm 
    condition. The
    
    [[Page 30355]]
    
    licensee also stated that it did not agree with the NRC's statement 
    that resources were diverted for insertion of a value into the computer 
    in order to clear the alarm.
        It is the NRC's conclusion that the licensee failed to recognize 
    the significance of the rod deviation alarm. The licensee stated that 
    there were no indications that more than one contact was involved, 
    however, two previous Westinghouse letters from 1979 and 1987, 
    available to the licensee, identified that the reactor trip breaker P-4 
    circuitry contained potentially undetectable failures, and in fact 
    several contacts were involved with this event and they were 
    ``undetectable'' without the proper testing. Had appropriate actions in 
    response to the Westinghouse letters been taken, this event potentially 
    would have been avoided. With regard to the ``dummied'' computer input, 
    during initial NRC interviews with the Shift Manager, Unit Shift 
    Supervisor and other control room personnel, the inspector noted that 
    it was the control room staff's belief that, if the computer point 
    could have been readily fixed, no further action would be necessary. In 
    addition, the control room staff expressed an opinion that they had 
    performed above and beyond normal just to get the faulty breaker out of 
    the cubicle. The inspector noted that the insertion of a dummied signal 
    eliminated relatively minor surveillance activities which did not 
    appear to be warranted until the cause for the alarm was positively 
    identified.
    
    [FR Doc. 97-14397 Filed 6-2-97; 8:45 am]
    BILLING CODE 7590-01-P
    
    
    

Document Information

Published:
06/03/1997
Department:
Nuclear Regulatory Commission
Entry Type:
Notice
Document Number:
97-14397
Pages:
30349-30355 (7 pages)
Docket Numbers:
Docket Nos. 50-327 and 50-328, License Nos. DPR-77 and DPR-79, EA 96- 414
PDF File:
97-14397.pdf