IR 05000280/1995020

Informs That NRC Has Recently Completed Investigation of Apparent Willful Violation of Operational Procedure at Plant as Followup to Insp Repts 50-280/95-20 & 50-281/95-20

ML20134G207
Person / Time
Site:	Surry
Issue date:	08/16/1996
From:	Gibson A NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:	Allen R AFFILIATION NOT ASSIGNED
References
EA-96-240, NUDOCS 9702100319
Download: ML20134G207 (6)

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l August 16, 1996  !

EA 96-240 l f

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Mr. R. [HOME ADDRESS DELETED  :

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UNDER 10 CFR 2.790)

SUBJECT: NRC 0FFICE OF INVESTIGATIONS REPORT NO. 2-95-029, NRC INSPECTION

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REPORT NOS. 50-280,281/95-20 AND REQUEST FOR PRE-DECISIONAL ENFORCEMENT CONFERENCE i

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Dear Mr. Allen:

l 4 I i The NRC has recently completed an investigation of your apparent willful i l violation of operational procedure at Surry Nuclear Power Station (SNPS). The

investigation was performed by the NRC Office of-Investigations (01) as a followup to the subject inspection and completed in June 1996. The purpose of the investigation was to determine whether you, while a licensed Senior i Reactor Operator and Supervisor of Shift Operations, deliberately failed to l follow SNPS procedures.

! The Office of Investigations concluded that you deliberately violated SNPS j operational procedures by initiating a gaseous ground release of the Unit-1

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pressurizer relief tank (PRT) without a required permit. Specifically, on i September 14, 1995, you directed operators to open a second vent path from the

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pressurizer relief tank without first obtaining a release permit as required by Operating Procedure 1-0P-RC-011. You directed that the second path be i_ opened, without closing the first path, even though concurrent usa of two vent

! paths was not authorized by procedures and the Unit I supervisor had advised you that such venting would not be in accordance with procedures. You also

directed that the second vent path be opened even though you knew that a hose J from the vent valve to the containment purge exhaust was required by Operating

! Procedure 1-0P-RC-011 and you knew that the hose was not installed. A copy of

the synopsis of the 01 Report is enclosed (Enclosure 1). Your apparent deliberate actions of September 13, 1995, are of particular concern to the NRC  ;

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because you held a management position within the SNPS organization and were j

, responsible for directing and coordinating the activities of other operations  !

personnel. In this regard, you were expected to establish the standard for <

the conduct of operations including procedural adherence.  ;

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Based on the results of the inspection and 01 investigation, your actions

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appear to have violated NRC requirements. Specifically, your NRC Senior

Reactor Operator's License, S0P-4301-4/ Docket No. 55-6236, (expired on

!- December 28,1995), required that you observe the operating procedures and i

other conditions specified in the facility license which authorizes operation of the facility. Also, by deliberately failing to follow operating i procedures, you engaged in apparent deliberate misconduct as defined by 10 CFR 50.5 (Enclosure 2). 10 CFR 50.5 provides that any employee of a

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i licensee may not engage in deliberate misconduct that causes a licensee to be j l l l

CERTIFIED MAIL NO. Z 238 518 230 1 RETURN RECEIPT REQUIRED 9702100319 960816

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t R. C.' Allen 2

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in violation of any rule regulation or order issued by the Commission. This ,

apparent violation is being considered for escalated enforcement action in ,

,i accordance with the " General Statement of Policy and Procedures for NRC i Enforcement Actions" (Enforcement Policy), NUREG-1600, a copy of which is

. enclosed.for your reference (Enclosure 3). However, be advised that the  ;

i characterization of the apparent violation described here may change as a j result of further NRC review.

l i Before the NRC makes its final enforcement decision in this case, we are '

providing you an opportunity to participate in a predecisional enforcement

conference to discuss the apparent violation. The decision to hold a conference with you does not mean that the NRC has determined that a violation 1 has occurred or that enforcement action will be taken. This conference is to '

l obtain information to enable the NRC to make an enforcement decision, such as

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a common understanding of the facts, root cause, corrective actions,

significance of the issues, and the need for lasting and effective corrective t action. In addition, this is an opportunity for you to provide any additional

information concerning your perspectives on the severity of the violation and  ;

application of the mitigation factors discussed in the Enforcement Policy.

Please notify this office. in writina. within 10 days of your receipt of this l letter whether you intend to carticipate in a credecisional enforcement

' conference. Should you decline to participate in a conference, you should i provide a written explanation addressing the above as well as why you should i be permitted to continue to work in NRC facility-licensed activities in_ view 1 of your apparent deliberate violation of NRC requirements. This written j explanation should be provided within 30 days of your receipt of this letter.  !

If you choose to attend a conference, these explanations may be provided at

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that time. Also be advised that should you decide not to participate in a conference, the NRC will pursue enforcement action based on the information

obtained during the NRC inspection, 01 investigation and provided in your 4 written response. Upon receipt of your reply, and if you choose to i

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participate in a predecisional enforcement conference, we will contact you to make the necessary arrangements. Please be advised that any conference would

, be closed to the public and transcribed and that you have the right to bring a

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personal representative or legal counsel.

, Your attention is directed to Section V of the Enforcement Policy which

] explains the purpose of predecisional enforcemen' conferences and Section VIII

which explains enforcement actions involving individuals. Note that the

enforcement sanctions that could be assessed against an individual include a i Letter of Reprimand, a Notice of Violation, and/or an Order prohibiting or

! restricting involvement in NRC licensed activities.

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! You also should be aware that Virginia Electric and Power Company was the

! subject of escalated enforcement action related to your actions. This action

has been completed, and a copy of the enforcement action and supporting

inspection report are enclosed for your reference (Enclosures 4 and 5).

l At the conclusion of NRC's deliberations on the matter, in accordance with j 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter with your address deleted and its enclosures will be placed in the NRC Public Document 4

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l Room.

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R. If you have any questions, please contact Mr. Thomas A. Peebles, Chief,

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Operator Licensing and Human Performance Branch at (404) 331-5541 or (800) 577-8510.

Sincerely, i

' lSi Albert F. Gibson, Director

Division of Reactor Safety i

! Enclosures: 1. Synopsis for 01 Case No. 2-95-029

2. 10 CFR 50.5, Deliberate Misconduct

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3. NUREG-1600 l 4. EA 95-223, dated November 22,-1995 i ,

5. Inspection Report Nos. 50-280, 281/95-20 cc w/ encl _1:

David A. Christian, Manager Surry Power Station Virginia Electric & Power Company 5570 Hog Island Road Surry, VA 23883 Distribution w/encls 1 and 2 IHOME ADDRESS DELETED 1:

PUBLIC (Hold-pending41narenforcement-action- -OtHP7ction)~

EJulian, SECY (Hold pending final enforcement action - OLHP action)

BKeeling, CA (Hold pending final enforcement action - OLHP action)

JTaylor, ED0 JMilhoan, DEDR SEbneter, RII LChandler, OGC JGoldberg, OGC JLieberman, OE Enforcement Coordinators RI, RIII, RIV EHayden, OPA (Hold pending final enforcement action - OLHP action)

GCaputo, 01 EJordan, AE00 HBell, 0IG OE:EA File (B. Summers, OE) (2 letterhead)

MSavrius, OE GEdison, NRR SRichards, NRR CEvans, RII Buryc, RII KClark, RII AGibson, RII TPeebles, RII ABelisle, RII RTrojanowski,RII CPayne, RII MErnstes, RII ABoland, RII

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Distribution w/encls 1 and 2 (home addressed deleted): (Cont'd on page 4)

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I R. (Distribution w/encls 1 and 2 (home addressed deleted: cont'd)

Senior Resident Inspector 5850 Hog Island Road Surry, VA 23883 nrrtt'r nit nnn nit-nne niirbn , att .nt-SIGNATURE

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NAME TPeebles A ye CEvans DATE 08/f/96 08/ /96 96 /96 08 / /96 08/ /96 08/ /96 COPY? /VES/ NO ffESN NO

(YES) NO YES NO YES NO YES NO OFFICIAL'1t1[ CORD COPY DDCUMENT NAME: W \DRS\PECLET.3 l

Distribution w/encls 1 and 2 IHOME ADDRESS 1:

EICS EA File, RII (Buryc)

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SEND TO PUBlic DOCUMFNT ROOM 7 YFS [h OFFICE Ril.DRS Ril:DRS Rit:DRR EICM Ril ORA SIGNATURE g NAME TPeebles A sole CEvans DATE 08 / / 96 08/f/96 , k.f $ b 98_ / 96 08113/96 COPY? YES NO MI h NO yp,I [n I hES),NO l YES NO OFFICIAL RECORD COPV DOCUMENT NAME: H:\196open.er b I

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SYN 0PSIS l

l This investigation was initiated by the Nuclear Regulatory Commission, Office I of Investigations. Region II, on November 7, 1995. The purpose of the l investigation was to determine whether a supervisor of shift operations (550)

i at the Surry Nuclear Power Station (SNPS) deliberately failed to follow l control room procedures. The SS0 learned that the pressurizer relief tank (PRT) was not venting as quickly as anticipated and was delaying other maintenance activities. The SSO, a third tier supervisor, directed an employee to open a valve to speed up the venting without obtaining a permit required by plant operating procedures. 'The SSO admitted that he made an error in judgement but insisted that his decision was based on mistake. The SSO said he did not discuss his plans with control room operators and did not document his actions as he allegedly intended.

Based on the evidence developed during this investigation, it is concluded that the SSO deliberately violated SNPS operational procedures by initiating a gaseous ground release of the Unit-1 PRT without a required permit.

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Case No. 2-95-029 1 ENCIDSURE 1

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PART 50 . DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES Nuclear Regulatory Commission. -

! Id) Delivery of communications. (b) A person who violates paragraph Document Control Desk. Washington.

Wrttten communications may be (a)(1)or(a)(2)of this sectionmaybe DC 20555, twoand copies to the subject to enforcement action in RegioneI Office. one copy to tappro(riste e delivered to the Document Control Desk accordance with the procedures in 10 Rockville as en e ign to th a e of e " at 11553 Rockville Pike' hours of 8[15 Maryland between the CFR part 2.a.m.

subpart B.

t ficility * nd M. Lm. Lstern TimL !!, (c) For purposes of paragraph (a)(1) of I (i) Ernergency plan pursuant to i 50.34; % "sunmittel due date falls on gSaturda,n this section, deliberate misconduct by a a (ii) Change to an emergency plan * Sund4 or Federal hohdn. the riec , person means an intentional act or pursuant to i 50.54(q): hderal workmg da) becomca the g omission that the person knows:

(iii) Emergency implementing official due date. g (1) Would cause a licensee to be in

procedures pursuant to Appendix E.V of ; violation of any rule, regulation, or

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this part. (e) Regulation governing submission. order. or any term. condition. or Licensees and applicants submitting limitation, of any license issued by the

)' (6) Updatedf54R. An updated Final Safety Analysis Report (FSAR) or . correspondence. reports, and other Commission. or

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replacement pages. pursuant to @ written communications pursuant to the (2) Constitutes a violation of a

$ 50.71(e) must be submitted as follows: m regulations of this part are requested but requirement. procedure, instruction.

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the signed original and to copies to the 5 not required to cite whenever practical, contract. purchase order or policy of a Nuclear Regulatory Commission. Si in the upper right corner of the first page licensee, contractor, or subcontra : tor.

Document Control Desk. Washington, of the submittal. the specific regulation -

} DC 20555, one copy to the appropriate or other basis, requiring submission.

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Regional Office. and one copy to the -

cppropriate NRC Resident inspector if Iso.7 empeoyee preesomen.

. cne has been auigned to the site of the (al Discrimination by a Commission facihty. EC8n8*% *D *pplicant for a Comminaian j

7) Quality assurance related (f) Conflicting requirements. The bconse, or a contractor or subcontractor

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B su (bmittals. (1) A change to the Safety c mmunicati na requirements contamed I of a Commission licensee or applicant

! fc Analysis Report quality assurance g in this section and il 50.12.50.30, 50.30- against an employee for engagmg in Sa36a. W4. 50.49. 50.54. 50.55, 50.55s.

• ~ program description pursuant to Z 50.59. 50.82. 50.71. 50.73. 50.82. 50.90, and urtain protected activities is prohibited.

a i 50.54(e)(3) or i 50.55(f)(3), or a change r Discrimination includes discharp and 50 other actions that relate to to a licensee's NRC-accepted quality } req.91 supersede and replace all existing casurance topical report pursuant to uirements in any beense conditions compensation. terms. conditions, or

' or technical specifications in effect on privileges of emp nt.The protected 5 50.54(a)(3) or I 50.55(f)(3) must be January 5.1987. Exceptions to these a vities are esta ed in section 211 submitted as follows: the signed original

. 12 the Nuclear Regulatory Commission, Document Control Desk. Washington.

requirements must be approved by the Information and Records Management ye og u o related to the administration or DC 20555. one copy to the appropriate Branch. Nuclear Regulatory enforcement of a requirement imposed

Regional Office, and one copy to the Commission. Washington. DC 20555. under the Atomic Energy Act or the appropriate NRC Resident inspector if Telephone (301) 415 723Q Energy Reorganization Act.

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one has been assigned to the site of the -

8 (1) The protected activities include facility. g but are not limited to:

(ii) A change to an NRC accepted y (i) Providing the enmmission or his or quality assurance topical re rt from her employer information about alleged nonlicensees (i.e., architect ngineers. "$ violations of either of the statutes NSSS suppliers. fuel suppliers, named in paragraph (a) introductory text of the section or possible violations constructors, etc.) must be submitted as of requirements imposed under either of f llows: one signed original to the those statutes:

Nuclear Regulatory Commission. I 50.5 Deunerste m6sconouct. (ill Refusing to engage in any proctice Document Control Desk. Washington. (a) Any licensee or any employee of a made unlawful under either of the DC 20555, licensee: and any contractor (includmg a statutes named in paragraph (s)

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supplier or consultant), subcontractor, or introductory text or under these (c) Form of communications. All any employee of a contractor or requirements if the employee has copics submitted to meet the subcontractor, of any licensee, who identified the alleged illegality to the requirements set forth in paragraph (b) knowingly provides to any licensee, employer:

ci this sectiori must be typewritten, contractor, or subcontractor. (iii) Requesting the Commission to printed or otherwise reproduced in components, equipment, materials, or permanent form on unglesed paper.

p$," ,*f, h*8,'* tio or other goods or services that relate to a enforcement of these requirements:

Exceptions to these requirements may licensee's activities subject to this part: (iv) Testifying in any Commission

, be granted for the submittal of , may not: proa ding, or before Congress or at any

• micrographic, photographic. or

.n (1) Engage in deliberate misconduct Federal or State proceeding regarding Z electronic forms. Prior to making any {* hat t causes or. but for detection. would any provision (or proposed provision) of E submittalin other than paper form. the E have caused, a licensee to be in either of the statutes named in g applicant or hcensee must contact the $ violation of any rule, regulation, or paragraph (a) introductory text. ,

Infortnation and Records Management order, or any term condition, or (v) Assisting or participating in, or is limitation of any license. issued by the a Branch. Nuclear Regulatory u t,o

, assist a panicipate in. these Commission. Washington. DC 20555. Commission, or telephone (301) 415 723a to obtain (2) Deliberately submit to the NRC, a specifications copy requirements.and licensee, or a licensee's contractor or prior approval. subcontractor. information that the j

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person submitting the information knows to be incomplete or inaccurate in some respect material to the NRC.

Septemiper 29,1995 50-6 ENCLOSURE 2