IR 05000247/2015008

Indian Point Energy Center Unit 3 - NRC Inspection Report 05000286/2015008; And Notice Of Violation

ML15075A328
Person / Time
Site:	Indian Point
Issue date:	03/16/2015
From:	Dorman D H Region 1 Administrator
To:	Coyle L Entergy Nuclear Operations
Marjorie McLauglin
References
EA-14-180 IR 2015008
Download: ML15075A328 (7)

Text

J. Dent, Jr. March 16, 2015 EA-14-180 Mr. Lawrence Coyle Vice President, Operations Entergy Nuclear Operations, Inc.

Indian Point Energy Center 450 Broadway, GSB P.O. Box 429 Buchanan, NY 10511-0249

SUBJECT: INDIAN POINT ENERGY CENTER UNIT 3 - NRC INSPECTION REPORT 05000286/2015008; AND NOTICE OF VIOLATION

Dear Mr. Coyle:

This letter provides you the NRC enforcement decision for the apparent violations documented in Inspection Report 05000247/2014005 and 05000286/2014005, issued to Entergy Nuclear Operations' (Entergy's) Indian Point Energy Center (IP) on February 5, 2015 (ML15037A011)1. The apparent violations, associated with licensed reactor operator medical examinations and related NRC reporting requirements, were discussed with Entergy representatives at an inspection exit meeting on December 17, 2014, and documented in the subject inspection report. The February 5, 2015, NRC letter transmitting the inspection report notified you that the apparent violations were being considered for escalated enforcement action in accordance with the NRC Enforcement Policy. In the letter, we provided you the opportunity to address the apparent violations by attending a pre-decisional enforcement conference (PEC) or by providing a written response before we made our final enforcement decision. In the letter we also informed you that we had sufficient information regarding the apparent violations and Entergy's corrective actions to make an enforcement decision without the need for a PEC or a written response. On February 13, 2015, Mr. Robert Walpole of your organization informed Mr. Arthur Burritt, Chief, Branch 2, Division of Reactor Projects that Entergy did not require a PEC and did not intend to send a written response. Therefore, based on the information developed during the inspection, the NRC has determined that violations of NRC requirements occurred. These violations are cited in the enclosed Notice of Violation (Notice) and the circumstances surrounding them are described in detail in the subject inspection report and in the NRC's February 5, 2015, letter. 1 Designation in parentheses refers to an Agency-wide Documents Access and Management System (ADAMS) accession number. Documents referenced in this letter are publicly-available using the accession number in ADAMS. The first violation involved Entergy's failure to notify the NRC within 30 days after learning, on October 25, 2012, of a change in a Unit 3 reactor operator's (RO's) medical condition that involved a permanent disability/illness (sleep apnea). Entergy also did not request an amended license with a condition to account for the medical issue, resulting in the RO performing licensed operator duties without a properly restricted license. The second violation involved Entergy's submittal of information to the NRC in a December 3, 2012, application for renewal of the RO's license that was not complete and accurate in all material respects. Specifically, the application did not specify that the RO had a medical condition that required a restriction (for use of a Continuous Positive Airway Pressure (CPAP) machine). Based, in part, on this inaccurate information, the NRC issued a license renewal that did not contain the necessary restriction. The NRC has concluded that both violations occurred as a result of insufficient understanding of the process and requirements for notification and a lack of formality in the process for reporting changes in medical status. Accordingly, these violations have been categorized collectively as a SL III problem to emphasize the importance of providing suitable training, oversight, and focus on licensed operator medical requirements. In accordance with the NRC Enforcement Policy, a base civil penalty in the amount of $70,000 is considered for a Severity Level III problem involving a power reactor licensee. Because Entergy's IP facility has been the subject of escalated traditional enforcement action within the last two years2, the NRC considered whether credit was warranted for Identification and Corrective Action in accordance with the civil penalty assessment process in Section 2.3.4 of the Enforcement Policy. The NRC has concluded that credit is warranted for identification because Entergy identified the issue through an internal audit that was part of a fleet-wide effort to review licensed operator medical records for reportable conditions. Additionally, the NRC has concluded that credit is warranted for Entergy's corrective actions. Specifically, Entergy has:

(1) requested the NRC amend the operator's license to include a restriction for the use of a CPAP (on August 14, 2014, the NRC issued the amended license with the new restriction); (2) initiated an Apparent Cause Evaluation that included an extent of condition review of all operators to determine if there are any further unknown medical conditions; (3) trained all licensed operators on the process and requirements for reporting changes in medical conditions; and, (4) trained licensee contract physicians on NRC medical restriction requirements. Therefore, to encourage prompt identification and comprehensive correction of violations, I have been authorized, after consultation with the Director, Office of Enforcement, not to propose a civil penalty in this case. However, significant violations in the future could result in a civil penalty. The NRC has concluded that information regarding: (1) the reasons for the violations; (2) the actions planned or already taken to correct the violations and prevent recurrence; and (3) the date when full compliance was achieved, is already adequately addressed on the docket in Inspection Report 05000247/2014005 and 05000286/2014005 and in this letter. Therefore, you are not required to respond to this letter unless the description therein does not accurately reflect your corrective actions or your position. In that case, or if you choose to provide additional information, you should follow the instructions specified in the enclosed Notice.

2 A Severity Level III Notice of Violation was issued on April 29, 2014 (EA-13-076; ML14118A124) In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter and its enclosure will be made available electronically for public inspection in the NRC Public Document Room and in the NRC's Agencywide Documents Access and Management System (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. To the extent possible, your response should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the Public without redaction. If personal privacy or proprietary information is necessary to provide an acceptable response, please provide a bracketed copy of your response that identifies the information that should be protected and a redacted copy of your response that deletes such information. If you request withholding of such information, you must specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim of withholding (e.g., explain why the disclosure of information will create an unwarranted invasion of personal privacy or provide the information required by 10 CFR 2.390(b) to support a request for withholding confidential commercial or financial information).

The NRC also includes significant enforcement actions on its Web site at (http://www.nrc.gov/reading-rm/doc-collections/enforcement/actions/).

Sincerely,/RA David C. Lew for:/ Daniel H. Dorman Regional Administrator Docket Nos. 50-247; 50-286 License Nos. DPR-26; DPR-64

Enclosure:

Notice of Violation cc w/enclosure: Distribution via ListServ