The licensee provided incomplete and inaccurate information in a letter to the NRC dated August 2, 2004. Specifically, the licensee, in its response to an apparent violation, which was subsequently issued as a
Severity Level III Notice of Violation issued on September 29, 2004, incorrectly stated that: "a 100 percent review (self-assessment) of all operator medical records was performed in February and March of 2004;" and that full compliance was achieved on April 8, 2004. During an April 2005 followup review of the licensee's corrective actions for the
Severity Level III violation, the NRC identified three additional examples of licensed operators with a potentially disqualifying medical condition that existed prior to the licensee's February and March 2004 review of its medical records, that had not been reported to the NRC. The licensee made changes to their administrative procedures to ensure clarity in regard to medical reporting requirements and required an annual medical file review in addition to an annual discussion with their medical review official to ensure a mutual understanding of the appropriate regulatory requirements.
Because the issue affected the NRC's ability to perform its regulatory function, it was evaluated using the traditional enforcement process. The regulatory significance was important because the incorrect information was provided under a signed statement to the NRC and impacted an enforcement decision. The issue was preliminarily determined to be an apparent violation of
10 CFR 50.9.
