The Nuclear Regulatory
Commission has proposed the largest fine in its history, a
$5.45-million penalty, against FirstEnergy Nuclear Operating
Co. for alleged violations of NRC rules at the company's Davis-Besse
powerplant in Ohio.
The largest share of the fine,
$5 million, is for restarting and operating the plant in May
2000 "without fully characterizing and eliminating leakage
from the reactor vessel head," the NRC contends. That
problem "led to significant corrosion damage," the
commission said in announcing the penalty on April 21.
The company, a unit of FirstEnergy
Corp., Akron, said in a statement that it is reviewing the
NRC notice and proposed fine. The company said that after
the corrosion problem was discovered and reported to regulators
in 2002, it "investigated the causes of the problem,
replaced the reactor head, and made numerous staff changes,
as well as enhancements to plant programs and equipment."
Since the plant was restarted in 2004 it "has operated
safely and reliably," the company said.
FirstEnergy has 90 days to respond
to the proposed penalty. NRC says it earlier had "referred
Davis-Besse issues" to the U.S. Justice Dept.
Luis Reyes, NRC executive director
for operations, said, "This substantial fine emphasizes
the very high safety and regulatory significance of FirstEnergy's
failure to reply with NRC requirements and the company's willful
failure to provide the NRC with complete and accurate information."
The commission also issued an order
to a system engineer, barring him from NRC-regulated activity
for five years. The engineer, Andrew Siemaszko, no longer
works at Davis-Besse, NRC said. Wilkins says the engineer
left the company in 2002.
Siemaszko's attorney, Billie Garde,
strongly criticized NRC's announcement. In a statement, she
said that Siemaszko is innocent and was a courageous individual
who tried to clean the reactor head during the 2000 outage.
Garde claimed, "The allegations made by the NRC reveal
the agency's serious misunderstanding of the facts, at best,
or deliberate misrepresentation, at worst."
Davis-Besse, in Oak Harbor, Ohio,
opened in 1977. It has a single, pressurized water reactor,
with a capacity of 835 Mw, says Richard Wilkins, a spokesman
for FirstEnergy Corp.
In May 2000, NRC said, the plant
was started after being down for refueling and maintenance,
but a required cleaning and inspection of the reactor vessel
head was not done, the commission said. There then was leakage
through tubes that penetrated the reactor head, which led
to significant damage to the head.
In 2001, the commission called
for an inspection of such tubes at Davis-Besse and other nuclear
plants. First Energy asked to be allowed to operate Davis-Besse
for three more months before shutting down for that inspection.
Based on information the company supplied, NRC said, it let
Davis-Besse keep operating until Feb. 16, 2002.
But Reyes said, "FirstEnergy
supported its request with inaccurate and incomplete information
about the cleaning and inspection of the reactor vessel head
in 2000. Had the NRC known that the plant was being operated
with leakage through the reactor vessel head, the agency would
have taken immediate action to shut down the plant."
The corrosion damage was found
about three weeks after the shutdown. The plant stayed closed
until March 2004 while the reactor vessel head was replaced
and other changes made.
Since the restart, Reyes
said that "it has operated safely and continues to operate
safely."