IR 05000259/2019011
| ML20017A088 | |
| Person / Time | |
|---|---|
| Site: | Browns Ferry  |
| Issue date: | 01/17/2020 |
| From: | Tom Stephen NRC/RGN-II/DRP/RPB5 |
| To: | Jim Barstow Tennessee Valley Authority |
| R. Taylor RGN-II/DRP | |
| References | |
| EA-17-022 IR 2019011 | |
| Download: ML20017A088 (8) | |
Text
January 17, 2020
SUBJECT:
BROWNS FERRY NUCLEAR PLANT - FOLLOW UP FOR NRC CONFIRMATORYORDER EA-17-022 NRC INSPECTION REPORT 05000259/2019011, 05000260/2019011, AND 05000296/2019011
Dear Mr. Barstow:
On December 12, 2019, the U.S. Nuclear Regulatory Commission (NRC) completed an inspection at Browns Ferry Nuclear Plant and discussed the results of this inspection with Steven M. Bono, Site Vice President and other members of your staff. The results of this inspection are documented in the enclosed report.
One Severity Level IV violation without an associated finding is documented in this report. We are treating this violation as a non-cited violation (NCV) consistent with Section 2.3.2 of the Enforcement Policy.
If you contest the violation or the significance or severity of the violation documented in this inspection report, you should provide a response within 30 days of the date of this inspection report, with the basis for your denial, to the U.S. Nuclear Regulatory Commission, ATTN:
Document Control Desk, Washington, DC 20555-0001; with copies to the Regional Administrator, Region II; the Director, Office of Enforcement; and the NRC Resident Inspector at Browns Ferry Nuclear Plant.
This letter, its enclosure, and your response (if any) will be made available for public inspection and copying at http://www.nrc.gov/reading-rm/adams.html and at the NRC Public Document Room in accordance with Title 10 of the Code of Federal Regulations 2.390, Public Inspections, Exemptions, Requests for Withholding.
Sincerely,
/RA/
Thomas A. Stephen, Chief Reactor Projects Branch 5 Division of Reactor Projects
Docket Nos. 05000259, 05000260, and 05000296 License Nos. DPR-33, DPR-52, and DPR-68
Enclosure:
As stated
Inspection Report
Docket Numbers:
05000259, 05000260 and 05000296
License Numbers:
Report Numbers:
05000259/2019011, 05000260/2019011 and 05000296/2019011
Enterprise Identifier:
I-2019-011-0051
Licensee:
Tennessee Valley Authority
Facility:
Browns Ferry Nuclear Plant
Location:
Athens, Alabama
Inspection Dates:
December 09, 2019 to December 12, 2019
Inspectors:
R. Taylor, Senior Project Engineer (Team Leader)
D. Jackson, Allegations/Enforcement Specialist
S. Mendez, Allegations Specialist
Approved By:
Thomas A. Stephen, Acting Branch Chief
Reactor Projects Branch 5
Division of Reactor Projects
SUMMARY
The U.S. Nuclear Regulatory Commission (NRC) continued monitoring the licensees
performance by conducting a NRC inspection at Browns Ferry Nuclear Plant, in accordance
with the Reactor Oversight Process. The Reactor Oversight Process is the NRCs program for
overseeing the safe operation of commercial nuclear power reactors. Refer to
https://www.nrc.gov/reactors/operating/oversight.html for more information.
List of Findings and Violations
Failure to Adequately Implement Requirements of Confirmatory Order EA-17-022,
commitment V.1.b.3
Cornerstone
Significance
Cross-
Cutting
Aspect
Report
Section
Not
Applicable
NCV 05000259, 05000260, 05000296/ 2019011-01
Open/Closed
Not
Applicable
92702
CONF
The inspectors identified a Severity Level IV non-cited violation (NCV) for the licensees failure
to adequately implement requirements of Confirmatory Order EA-17-022, Commitment
V.1.b.3. Specifically, the licensee failed to ensure that new supervisory employees completed
safety conscious work environment (SCWE) training within three months of their hire or
promotion effective date.
Additional Tracking Items
None.
INSPECTION SCOPES
Inspections were conducted using the appropriate portions of the inspection procedures (IPs) in
effect at the beginning of the inspection unless otherwise noted. Currently approved IPs with
their attached revision histories are located on the public website at http://www.nrc.gov/reading-
rm/doc-collections/insp-manual/inspection-procedure/index.html. Samples were declared
complete when the IP requirements most appropriate to the inspection activity were met
consistent with Inspection Manual Chapter (IMC) 2515, Light-Water Reactor Inspection
Program - Operations Phase. The inspectors reviewed selected procedures and records,
observed activities, and interviewed personnel to assess licensee performance and compliance
with Commission rules and regulations, license conditions, site procedures, and standards.
OTHER ACTIVITIES - TEMPORARY INSTRUCTIONS, INFREQUENT AND ABNORMAL
92702 CONF - Enforcement Related Order Follow-Up-Only
Enforcement Related Order Follow-Up-Only (1 Sample)
(1)
The inspectors reviewed commitments associated with four items from Confirmatory
Order EA-17-022, issued to TVA on July 27, 2017.
(1) Commitment V.1.b.2: This commitment and action required that training be
provided within one year and on an annual basis thereafter to, at a minimum, all
working status nuclear business group supervisory employees, contractor supervisory
employees involved in nuclear-related work activities, human resource staff involved
in the adverse employment action process, employee concerns program staff,
contract technical stewards for nuclear related work activities, and the personnel in
the TVA Office of General Counsel who are engaged in nuclear-related work
activities. TVA initially identified 259 individuals at Browns Ferry who were required
to complete the training. The inspectors verified that the list of individuals included
first line supervisors and above, contract technical stewards, human resources
personnel, and employee concerns personnel. The inspection was only completed
for Browns Ferry.
(2) Commitment V.1.b.3: This commitment and action required that new supervisory
employees complete initial training through in-person or computer-based training
within three months of their hire or promotion effective date. The training also
required, at a minimum, a discussion of the training material with personnel in the
TVA Office of General Counsel who are engaged in nuclear-related work activities.
This commitment applied to new supervisory employees who were not included in the
initial training specified in Commitment V.1.b.2. The inspectors reviewed records of
TVA Browns Ferry employees and contractors who were hired or promoted into
supervisory positions after July 28, 2018 to verify that personnel had completed the
specified training within three months of their hire or promotion effective date. The
inspection was only completed for Browns Ferry.
(3) Commitment V.1.d.1: This commitment required an independent third-party to
perform quarterly audits for the first year after the date of issuance of the CO, and
semi-annually for the next two years, of the adverse employment action process. The
inspectors reviewed the Sixth Independent Auditors Report of the TVA Adverse
Employment Action Process for Quarter Ending 6/30/2019, dated 6/27/2019. The
inspectors verified that the audits included a review of all adverse employment
actions, periodical attendance at Executive Review Boards and a review of chilling
effect mitigation plans (inclusive of recommendations as appropriate). The inspection
was only completed for Browns Ferry.
(2) Commitment V.1.e.1: This commitment required TVA to conduct an independent
nuclear safety culture assessment at Browns Ferry in 2019, evaluate the results and
develop, implement, and track to completion corrective actions to address
weaknesses identified through the assessment. The inspectors reviewed corrective
actions and enhancements associated with the 2019 nuclear safety culture
assessment at Browns Ferry to verify that corrective actions were developed and
appropriate to address the weaknesses identified through the assessment. The
inspection was completed for Browns Ferry and TVA corporate.
INSPECTION RESULTS
Failure to Adequately Implement Requirements of Confirmatory Order EA-17-022,
commitment V.1.b.3
Cornerstone Severity
Cross-Cutting
Aspect
Report
Section
Not
Applicable
NCV 05000259, 05000260, 05000296/ 2019011-01
Open/Closed
Not
Applicable
92702
CONF
The inspectors identified a Severity Level IV non-cited violation (NCV) for the licensees
failure to adequately implement requirements of Confirmatory Order EA-17-022, Commitment
V.1.b.3. Specifically, the licensee failed to ensure that new supervisory employees
completed safety conscious work environment (SCWE) training within three months of their
hire or promotion effective date.
Description: Confirmatory Order (CO) EA-17-022, issued to TVA on July 27, 2017, requires,
in part, that certain personnel complete initial and recurring SCWE training. Specifically,
Commitment V.1.b.3 in CO EA-17-022 requires that: New supervisory employees shall
complete initial training through in-person or computer based training within three months of
their hire or promotion effective date. The training shall require, at a minimum, a discussion
of the training material with personnel in the TVA Office of General Counsel who are engaged
in nuclear related work activities.
On December 26, 2018, the licensee identified five employees at Browns Ferry Nuclear Plant
(BFN) who were hired into or promoted to supervisory positions after July 27, 2018, but who
did not complete the specified SCWE training within three months of their hire or promotion
effective date. The licensee entered this issue into their corrective action program (CAP) as
condition report (CR) 1478017. The five employees completed the training
by January 14, 2019.
During initial implementation of the CO actions, and at the time the CR was written, it was
interpreted by the licensee that the three-month training requirement only applied to
permanent TVA (BFN) employees and therefore, contract supervisor employees were not
included in that population. In March of 2019, at an NRC inspection exit meeting at Watts
Bar, TVA was notified that the three-month SCWE training requirement does apply to
supplemental workers.
On March 15, 2019, the licensee completed an extent of condition review and identified 14
supplemental/contract workers who had not received the SCWE training within three months
of employment or elevation to supervisor at BFN. All 14 workers completed the required
training by April 2, 2019. The licensee initiated CR 1499298 to address this issue.
Additionally, on May 21, 2019, the licensee identified two additional contract supervisors who
did not meet the three-month SCWE training requirement. The contractor supervisors
worked continuously at BFN for greater than 90 days (one from 7/26/2018 to 11/20/2018 and
the second from 10/10/2018 to 3/28/2019). When identified, the two contract supervisors
were no longer employed with BFN (or any other TVA site). The licensee initiated
CR 1518645 to address this issue.
On May 30, 2019, TVA initiated fleet-wide CR 1520850 to address the examples identified
above, along with others within the fleet, to ensure the requirements of the order are met,
particularly for supplemental workers.
Corrective Actions: The licensee entered all issues described above into their corrective
action program and took action to ensure all supervisors (including contractors) identified as
having missed the requirement, had completed the training by April 2, 2019. Additionally,
fleet-wide actions were taken to identify a process to help ensure contract supervisors also
met the three-month SCWE training requirement. The fleet-wide corrective actions included
1) Training Support organization has taken interim actions (to remain in place until a long-
term solution is implemented) at the sites to identify current supplemental supervisors and
track them to completion of the 90-day requirement; and 2) licensee procedure TPD-SCWE,
Safety Conscious Work Environment Training, was revised to have supplemental supervisors
complete SCWE 2017 computer-based training (NRC Confirmatory Order EA 17-022) as part
of their training at the Central In-Processing Facility, and would only require the Office of
General Counsel discussion if they worked with TVA Nuclear for 90 days or more.
Corrective Action References: CR 1478017, CR 1499298, CR 1518645, CR 1520850
Performance Assessment: The licensees failure to ensure that new supervisory employees
completed SCWE training within three months of their hire or promotion effective date was in
violation of commitment V.1.b.3 in Confirmatory Order EA-17-022. The inspectors
determined that this violation was associated with impeding the regulatory process and
subject to traditional enforcement as described in the NRC Enforcement Policy, dated May
28, 2019.
Enforcement: The ROPs significance determination process does not specifically consider
the regulatory process impact in its assessment of licensee performance. Therefore, it is
necessary to address this violation which impedes the NRCs ability to regulate using
traditional enforcement to adequately deter non-compliance.
Severity: The inspectors determined this violation constituted a more than minor traditional
enforcement violation associated with failure to implement the requirements of Confirmatory
Order EA-17-022. The inspectors determined that the failure to ensure that current and
future confirmatory order requirements continue to be met could potentially impact
safety. Specifically, failure to ensure new supervisory employees complete SCWE training in
a timely manner could cause missed opportunities to identify and/or prevent an environment
where individuals would be hesitant to raise nuclear safety concerns for fear of
retaliation. The violation is more than minor because it was not isolated to one or two
individuals. The inspectors determined that the licensees failure to implement the
requirements of the Confirmatory Order is considered an SL IV violation, consistent with
Section 2.2.2.d of the NRC Enforcement Policy, dated May 28, 2019.
Violation: Commitment V.1.b.3 of Confirmatory Order EA-17-022, issued to TVA on
July 27, 2017, requires, in part, that: New supervisory employees shall complete initial
training through in-person or computer-based training within three months of their hire or
promotion effective date. The training shall require, at a minimum, a discussion of the
training material with personnel in the TVA Office of General Counsel who are engaged in
nuclear related work activities.
Contrary to the above, from July 28, 2018, to May 21, 2019, the licensee failed to ensure that
new supervisory employees completed safety conscious work environment (SCWE) training
within three months of their hire or promotion effective date. Specifically, five BFN
supervisory employees and 16 contractor supervisory employees at BFN involved in nuclear
related work activities, did not complete the SCWE training within three months as required.
Enforcement Action: This violation is being treated as a non-cited violation, consistent with
Section 2.3.2 of the Enforcement Policy.
EXIT MEETINGS AND DEBRIEFS
The inspectors verified no proprietary information was retained or documented in this report.
- On December 12, 2019, the inspectors presented the NRC inspection results to Steven
M. Bono, Site Vice President and other members of the licensee staff.