10 CFR 55.25 states, in part, that if an operator develops a permanent physical or mental condition that causes the operator to fail to meet the requirements of
10 CFR 55.21, the facility licensee shall notify the Commission within 30 days of learning of the diagnosis, in accordance with
10 CFR 50.74(c),which states,that the regional administrator shall be notified if a licensed operator develops a permanent disability or illness. Contrary to these requirements, as the result of Exelons medical examination audit completed September 26, 2017, Exelon identified a change in a licensed operators medical condition that was not communicated to the NRC within the required 30 days. The results of the medical examination audit were documented in
IR 4054146 and subsequent notifications were made to the NRC.This violation is subject to traditional enforcement because of the potential impact upon the regulatory process for issuing restrictions to operators licenses. The inspectors determined that this issue meets the criteria for a
Severity Level IV violation using example 6.4.d.1(a) from the
NRC Enforcement Policy because no incorrect regulatory decision was made as the result of the failure of the licensee to report within 30 days. This is of very low safety significance because after NRC review of the subsequent notifications, no changes to license restrictions were required.
