05000331/FIN-2010004-04
Finding | |
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| Title | ANSI Standards for Licensed Operators not Met |
| Description | An NCV of 10 CFR 50.9, Completeness and Accuracy of Information, was identified due to the submittal of inaccurate medical information for licensed operators. The submittals to the NRC were inaccurate because they certified that the operators had been medically examined and had met all medical qualifications, when in fact, olfactory testing to detect odor of products of combustion had not been performed
The NRCs requirements related to the conduct and documentation of medical examinations for operators are contained in Subpart c, Medical Requirements of 10 CFR Part 55, Operators Licenses. Specifically, Section 55.21, Medical Examination, required every operator to be examined by a physician when the applicant first applies for a license, and every two years, once receiving their license. The physician must determine whether the operator meets the requirements of Section 55.33(a)(1), i.e., the operators medical condition and general health will not adversely affect the performance of assigned operator duties or cause operational errors that endanger public health and safety On November 24, 2004, the NRC issued Information Notice (IN) 2004-20, Recent Issues Associated with NRC Medical Requirements for Licensed Operators. The IN communicated recent examples of facility medical requirements not receiving sufficient management oversight to ensure that the fitness of licensed operators was being maintained. The IN also stated that the facility licensee must certify which industry standard (e.g., which specific version of ANSI/ANS-3.4, Medical Certification and Monitoring of Personnel Requiring operator Licenses for Nuclear Power Plants, or other NRC-approved method) was used in making the fitness determination. For this inspection, the licensee is under the industry standard (ANSI 3.4-1983). Paragraph 5.4.2 of the standard, Nose, required licensed operators to have, Ability to detect odor of products of combustion and of tracer or marker (sic) gases During the medical records review, the inspectors determined that the olfactory testing performed by the facility licensee did not meet the ANSI/ANS-3.4-1983 testing requirements. The facility had exclusively tested for tracer gases, (natural gas, banana gas, and wintergreen) but had not performed a specific test for products of combustion The failure to perform olfactory testing for products of combustion has the potential to be significant since, during a fire, the operators were required to perform actions to mitigate the effects of a postulated fire. The inability to detect the onset of fire by smelling products of combustion could result in the fire becoming more destructive. It should be noted that most areas of the plant (including the control room) are equipped with smoke detectors The licensees failure to provide complete and accurate information to the NRC, which could have resulted in an incorrect licensing action, was a performance deficiency because the licensee was expected to comply with 10 CFR 50.9 and because it was within the licensees ability to foresee and prevent. Because violations of 10 CFR 50.9 were considered to be violations that potentially impede or impact the regulatory process, they are dispositioned using the Traditional Enforcement process Analysis: This finding is more than minor because information was provided to the NRC, signed under oath by the company medical doctor and the Site Vice President, which documented that each operator was given a complete examination. There was no evidence that the operators endangered plant operations as a result of inadequate olfactory exams while performing licensed duties. The licensees failure to provide complete and accurate information to the NRC, which could have resulted in an incorrect licensing action, is a performance deficiency because the licensee is expected to comply with 10 CFR 50.9 and because it was within the licensees ability to foresee and prevent Violations of 10 CFR 50.9 are dispositioned using the traditional enforcement process instead of the significance determination process because they are considered to be violations that potentially impede or impact the regulatory process. In addition, the underlying finding is evaluated under the significance determination process to determine the significance of the violation. This issue was screened using IMC 0610, Appendix B. The inspectors determined that there was a Performance Deficiency (PD) since the standards described in ANSI for olfactory testing (products of combustion) was not implemented for all licensed operators. This PD was also screened more-than-minor and was evaluated using the IMC 0609, Appendix I, Licensed Operator Requalification Significance Determination Process. In the flow chart, Box 27 was answered Yes since all licensed operators had not received olfactory testing for the products of combustion. This was considered a Green finding (FIN 05000331/2010004-04) The inspectors determined that this finding has a cross-cutting aspect in the area of Problem Identification & Resolution (PI&R) associated with the component of operating experience, to implement and institutionalize Operating Experience through changes to station processes, procedures, equipment, and training programs P.2(b). Specifically, the licensee failed to evaluate results of olfactory testing to ensure that the requirements of 10 CFR 55.21, 55.33 and ANSI/ANS 3.4-1983 were satisfied In accordance with Section 6.4.d.1.b of the NRC Enforcement Policy, this violation is categorized as Severity Level IV because the licensed operators did not require a license restriction or require additional monitoring. In accordance with Section 2.3.2 of the Enforcement Policy, this was considered an NCV (NCV 05000331/2010004-03) since the issue was not repetitive, not willful, and placed in the licensees corrective program as AR 579623. Planned interim corrective actions included administration of an olfactory test for products of combustion to all on-shift licensed operators. Additional corrective actions will be identified by the licensees corrective action process Enforcement: The inspectors determined that a long-standing deficiency had existed at the Duane Arnold Energy Center, in that the licensees medical physician was not adequately testing all licensed operators (both initial and renewal licensees) in accordance with 10 CFR 55.21 and 55.33 with respect to ANSI/ANS-3.4-1983. Title 10 CFR 55.23 required that an authorized representative of the facility licensee shall certify the medical fitness of an applicant by completing and signing and NRC Form 396. The NRC Form 396, when signed by an authorized representative of the facility licensee, certifies that a physician conducted a medical examination of the applicant as required in 10 CFR 55.21, and that the guidance contained in ANSI/ANS-3.4-1983 was followed in conducting the examination and making the determination of medical qualification Title 10 CFR 50.9 requires, in part, that information provided to the Commission by an applicant for a license or by a licensee or information required by statute or by the Commissions regulations, orders, or license conditions to be maintained by the applicant or the licensee shall be complete and accurate in all material respects Title 10 CFR 55.21 requires, in part, that an applicant for a license shall have a medical examination by a physician and the licensee shall have a medical examination by a physician every two years. The physician shall determine that the applicant or licensee meets requirements of Section 55.33(a)(1) Title 10 CFR 55.33(a)(1) requires, in part, that applicants medical condition and general health will not adversely affect the performance of assigned operator job duties or cause operational errors endangering public health and safety Title 10 CFR 55.23 requires, in part, that to certify the medical fitness of the applicant, an authorized representative of the facility licensee shall complete and sign NRC Form-396, Certification of Medical Examination by Facility Licensee NRC Form-396, when signed by an authorized representative of the facility licensee, certifies that a physician conducted a medical examination of the applicant and that the guidance contained in the specified edition of ANSI/ANS 3.4, Medical Certification and Monitoring of Personnel Requiring Operator Licenses for Nuclear Power Plants was followed in conducting the examination and making the determination of medical qualification. The licensee certified that ANS/ANSI 3.4-1983 would be followed American National Standards Institute/American Nuclear Society 3.4-1983, Section 5.4 provides specific minimum capacities required for medical qualifications. Section 5.4.2, requires, Ability to detect odor of products of combustion and tracer or marker gases Contrary to the above, the facility licensee had not completed physical examinations of licensed operators in accordance with ANSI/ANS 3.4-1983. The licensee submitted numerous NRC Form-396s for renewal of operator licenses and for initial license applicants who certified that the applicants had met the medical requirements of ANSI/ANS 3.4-1983 when, in fact, adequate olfactory testing had not been completed This information was material to the NRC because it formed the basis for licensing decisions for plant operators. Submitting incomplete or inaccurate information to the NRC that would have resulted in a reconsideration of a regulatory position was considered an NCV of 10 CFR 50.9. |
| Site: | Duane Arnold  |
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| Report | IR 05000331/2010004 Section 1R11 |
| Date counted | Sep 30, 2010 (2010Q3) |
| Type: | Finding: Green |
| cornerstone | Mitigating Systems |
| Identified by: | NRC identified |
| Inspection Procedure: | IP 71111.11 |
| Inspectors (proximate) | C Zoia K Riemer M Mitchell R Baker L Haeg R Walton B Cushman R Murray |
| INPO aspect | |
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Finding - Duane Arnold - IR 05000331/2010004 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Finding List (Duane Arnold) @ 2010Q3
Self-Identified List (Duane Arnold)
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