IR 05000298/2023012
| ML24026A221 | |
| Person / Time | |
|---|---|
| Site: | Cooper  |
| Issue date: | 02/12/2024 |
| From: | John Miller NRC/RGN-IV/DORS |
| To: | Dia K Nebraska Public Power District (NPPD) |
| References | |
| EA-24-001 IR 2023012 | |
| Download: ML24026A221 (13) | |
Text
SUBJECT:
COOPER NUCLEAR STATION - U.S. NUCLEAR REGULATORY COMISSION INSPECTION REPORT 05000298/2023012
Dear Khalil Dia,
This letter refers to the inspection conducted on October 4, 2023, at Cooper Nuclear Station, with in-office inspection through December 18, 2023. The purpose of the inspection was to review the licensed operator requalification program and licensed operator performance. The enclosed report presents the results of this inspection. The inspectors presented the Technical Debrief inspection results to John Dent, Vice President and Chief Nuclear Officer, and other members of your staff on October 5, 2023. At the conclusion of the in-office inspection, the inspectors discussed the preliminary inspection findings with you and other members of your staff on December 18, 2023. On February 6, 2024, the inspectors conducted a final telephonic exit briefing with you and other members of your staff.
Based on the results of this inspection, one apparent violation was identified and is being considered for escalated enforcement action in accordance with the U.S. Nuclear Regulatory Commission (NRC) Enforcement Policy. The current Enforcement Policy is included on the NRCs website at http://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html. The apparent violation involved the failure to notify the NRC within 30 days of a permanent disability or illness of a licensed operator or senior operator. The circumstances surrounding this apparent violation, the significance of the issue, and the need for lasting and effective corrective action were discussed with you and other members of your staff at the inspection exit meeting on February 6, 2024.
Before the NRC makes its enforcement decision, we are providing you an opportunity to:
(1) respond, in writing, to the apparent violation addressed in this inspection report within 30 days of the date of this letter, (2) request a predecisional enforcement conference (PEC), or (3) request alternative dispute resolution (ADR). If a PEC is held, it will be open for public observation and the NRC may issue a press release to announce the time and date of the conference. Please contact Heather Gepford at 817-200-1159 within 10 days of the date of this February 9, 2024 letter to notify the NRC of your intended response to either provide a written response, participate in a PEC or pursue ADR. A PEC should be held within 30 days and an ADR session with 45 days of the date of this letter.
If you choose to provide a written response, it should be clearly marked as a Response to an Apparent Violation in NRC Inspection Report 05000298/2023012; EA-24-001 and should include for the apparent violation: (1) the reason for the apparent violation or, if contested, the basis for disputing the apparent violation; (2) the corrective steps that have been taken and the results achieved; (3) the corrective steps that will be taken; and (4) the date when full compliance will be achieved.
Your response may reference or include previously docketed correspondence if the correspondence adequately addresses the required response. Additionally, your response should be sent to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555-0001, with a copy mailed to Director, Division of Operating Reactor Safety, U.S. Nuclear Regulatory Commission, Region IV, 1600 E. Lamar Blvd., Arlington, TX 76011-4511, and a copy to the NRC Resident Inspector at the Cooper Nuclear Station, and emailed to R4Enforcement@nrc.gov within 30 days of the date of this letter. If an adequate response is not received within the time specified or an extension of time has not been granted by the NRC, the NRC will proceed with its enforcement decision or schedule a PEC.
If you choose to request a PEC, the conference will afford you the opportunity to provide your perspective on these matters and any other information that you believe the NRC should take into consideration before making an enforcement decision. The decision to hold a PEC does not mean that the NRC has determined that a violation has occurred or that enforcement action will be taken. This conference would be conducted to obtain information to assist the NRC in making an enforcement decision. The topics discussed during the conference may include information to determine whether a violation occurred, information to determine the significance of a violation, information related to the identification of a violation, and information related to any corrective actions taken or planned.
In lieu of a written response or PEC, you may request ADR with the NRC in an attempt to resolve this issue. Alternative dispute resolution is a general term encompassing various techniques for resolving conflicts using a neutral third party. The technique that the NRC has decided to employ is mediation. Mediation is a voluntary, informal process in which a trained neutral mediator works with parties to help them reach resolution. If the parties agree to use ADR, they select a mutually agreeable neutral mediator who has no stake in the outcome and no power to make decisions. Mediation gives parties an opportunity to discuss issues, clear up misunderstandings, be creative, find areas of agreement, and reach a final resolution of the issues.
Additional information concerning the NRCs ADR program can be obtained at:
http://www.nrc.gov/about-nrc/regulatory/enforcement/adr.html. The Institute on Conflict Resolution at Cornell University has agreed to facilitate the NRCs program as a neutral third party. Please contact the Institute on Conflict Resolution at 877-733-9415 within 10 days of the date of this letter if you are interested in pursuing resolution of this issue through ADR.
In addition, please be advised that the number and characterization of the apparent violations may change because of further NRC review. You will be advised by separate correspondence of the results of our deliberations on this matter. In accordance with Title 10 of the Code of Federal Regulations (10 CFR) 2.390 of the NRCs Agency Rules of Practice and Procedure, a copy of this letter, its enclosure, and your response, if you choose to provide one, will be made available electronically for public inspection in the NRC Public Document Room or from the NRCs Agencywide Documents Access and Management System (ADAMS), accessible from the NRC website at http://www.nrc.gov/reading-rm/adams.html. To the extent possible, your response should not include any personal privacy or proprietary information so that it can be made available to the public without redaction.
If you have any questions concerning this matter, please contact Dr. Heather Gepford of my staff at 817-200-1159.
Sincerely, Geoffrey B. Miller, Director Division of Operating Reactor Safety Docket No. 05000298 License No. DPR-46
Enclosure:
Inspection Report
Inspection Report
Docket Number:
05000298 License Number:
DPR-46 Report Number:
05000298/2023012 Enterprise Identifier:
I-2023-012-0012 Licensee:
Nebraska Public Power District Facility:
Cooper Nuclear Station Location:
Brownsville, NE Inspection Dates:
October 2 to December 18, 2023 Inspectors:
Kevin Murphy, Operations Engineer Russell Williams, Operations Engineer Chris Harrington, Operations Engineer Approved By:
Heather J. Gepford, Ph.D., Chief Operations Branch Division of Operating Reactor Safety
SUMMARY
The U.S. Nuclear Regulatory Commission (NRC) continued monitoring the licensees performance by conducting a NRC inspection at Cooper Nuclear Station, 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 Notify the NRC of Reactor Operators' Disqualifying Conditions Within 30 Days.
Cornerstone Severity Cross-Cutting Aspect Report Section Not Applicable Apparent Violation AV 05000298/2023012-01 Open EA-24-001 Not Applicable 71111.11B The inspectors identified an apparent violation of 10 CFR 50.74, Notification of change in operator or senior operator status. Specifically, on two occasions the licensee failed to notify the NRC within 30 days of learning of a change in a licensed operators permanent medical condition that caused the operator to fail to meet the requirements of 10 CFR 55.21.
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 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.
REACTOR SAFETY
71111.11A - Licensed Operator Requalification Program and Licensed Operator Performance
Requalification Examination Results (IP Section 03.03) (1 Sample)
- (1) The inspectors reviewed and evaluated the licensed operator examination failure rates for the requalification annual operating exam administered from September 11 to December 14, 2023.
71111.11B - Licensed Operator Requalification Program and Licensed Operator Performance
Licensed Operator Requalification Program (IP Section 03.04) (1 Sample)
- (1) Biennial Requalification Written Examinations The inspectors evaluated the quality of the licensed operator biennial requalification written examination administered from October 31 to December 8, 2023.
Annual Requalification Operating Tests The inspectors evaluated the adequacy of the facility licensees annual requalification operating test.
Administration of an Annual Requalification Operating Test The inspectors evaluated the effectiveness of the facility licensee in administering requalification operating tests required by 10 CFR 55.59(a)(2) and that the facility licensee is effectively evaluating their licensed operators for mastery of training objectives.
Requalification Examination Security The inspectors evaluated the ability of the facility licensee to safeguard examination material, such that the examination is not compromised.
Remedial Training and Re-examinations The inspectors evaluated the effectiveness of remedial training conducted by the licensee, and reviewed the adequacy of re-examinations for licensed operators who did not pass a required requalification examination.
Operator License Conditions The inspectors evaluated the licensees program for ensuring that licensed operators meet the conditions of their licenses.
Control Room Simulator The inspectors evaluated the adequacy of the facility licensees control room simulator in modeling the actual plant, and for meeting the requirements contained in 10 CFR
INSPECTION RESULTS
Failure to Notify the NRC of Reactor Operators' Disqualifying Conditions Within 30 Days.
Cornerstone Severity Cross-Cutting Aspect Report Section Not Applicable Apparent Violation AV 05000298/2023012-01 Open EA-24-001 Not Applicable 71111.11B The inspectors identified an apparent violation of 10 CFR 50.74, Notification of change in operator or senior operator status. Specifically, on two occasions the licensee failed to notify the NRC within 30 days of learning of a change in a licensed operator's permanent medical condition that caused the operator to fail to meet the requirements of 10 CFR 55.21.
Description:
Example #1:
In December 2020, during his licensed operator physical exam at the site, a reactor operator reported to the sites medical department new medications he had been prescribed by his primary care physician, reflective of a newly diagnosed medical condition of anxiety/
depression. On December 6, 2022, during his next biennial physical exam, he again reported the medical condition and prescribed medication(s). In accordance with site procedure NTP8.1, Administration of Licensed Operator Medical Program, the sites Medical Review Officer (MRO) noted both the existing and newly reported medical conditions and certified that the new medication was required to maintain NRC medical restrictions on NTP8.1, A.
On May 22, 2023, approximately 29 months after the operator initially notified the licensee of the disqualifying medical condition, the licensee submitted an application for the routine six-year license renewal of the operators license. The application included an NRC Form 396, Certification of Medical Examination by Facility Licensee. This form documented the new disqualifying medical condition and prescribed medication(s) and indicated take medication as prescribed and "no solo operation" license conditions would accommodate the new medical condition.
Example #2:
On November 15, 2021, a senior reactor operator reported to the licensee that he had been prescribed a new medication by his primary care physician, reflective of a newly diagnosed medical condition of high blood pressure. In December 2021, the operator had his biennial physical exam at the site. On the physical exam documentation, NTP8.1, Attachment A, the sites MRO noted the newly reported medical condition and certified that the new medication was required to maintain NRC medical restrictions. On January 6, 2022, nearly 2 months after the operator notified the station of the new medical condition and prescribed medications, the station submitted a Form 396 to report this new medical condition.
In both examples, the MRO identified the new medical conditions for the two operators, anxiety and high blood pressure respectively, as being disqualifying conditions. However, the licensee failed to notify the NRC of the disqualifying conditions within 30 days of learning of the new diagnoses as required by 10 CFR 50.74 and site procedure NTP8.1, Administration of Licensed Operator Medical Program. This notification is necessary to allow the NRC to review the new disqualifying medical condition and medication(s) prescribed to ensure that the medical condition can be properly mitigated via a license condition and issue an amended license as appropriate.
Corrective Actions: For each example, compliance was restored when the NRC was notified of the new disqualifying conditions on NRC Form 396. When the inspectors identified the issue, the licensee performed an extent of condition review of all licensed operators medical records and, if necessary, submitted updated Form 396s.
Corrective Action References: CR-CNS-2023-04395
Performance Assessment:
None
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 severity of this apparent violation will be determined in accordance with the Enforcement Policy pending a final enforcement determination.
Violation: Title 10 CFR 50.74(c) requires, in part, that each facility licensee shall notify the appropriate NRC Regional Administrator within 30 days of a permanent disability or illness as described in 10 CFR 55.25 of a licensed operator or senior operator.
Title 10 CFR 55.25 requires, in part, that if, during the term of the license, the licensee develops a permanent physical or mental condition that causes the licensee to fail to meet the requirements of 10 CFR 55.21, the facility licensee shall notify the Commission, within 30 days of learning of the diagnosis, in accordance with 10 CFR 50.74(c). For conditions for which a conditional license (as described in 10 CFR 55.33(b) of this part) is requested, the facility licensee shall provide medical certification on Form NRC 396.
Contrary to the above, the facility licensee failed to notify the Region IV Regional Administrator within 30 days of a permanent disability or illness as described in 10 CFR 55.25 of a licensed operator and senior operator as evidenced by the following two examples:
1. The facility licensee was initially notified of a reactor operators diagnosis of
anxiety/depression in December 2020, but failed to notify the Region IV Regional Administrator until May 22, 2023.
2. The facility licensee was initially notified of a senior reactor operators diagnosis of
high blood pressure on November 15, 2021, but failed to notify the Region IV Regional Administrator until January 6, 2022.
For each of these examples, the licensed operator had a medical condition which was potentially disqualifying in accordance with ANSI/ANS-3.4-2013, Medical Certification and Monitoring of Personnel Requiring Operator Licenses for Nuclear Power Plants, the revision of the standard used to certify the operators medical fitness. However, neither condition was reported to the NRC within 30 days of the facility licensee learning of the diagnoses.
Enforcement Action: This violation is being treated as an apparent violation pending a final significance (enforcement) determination.
EXIT MEETINGS AND DEBRIEFS
The inspectors verified no proprietary information was retained or documented in this report.
- On October 5, 2023, the inspectors presented the Technical Debrief inspection results to John Dent (Vice President and Chief Nuclear Officer) and other members of the licensee staff.
- On December 18, 2023, the inspectors presented the Technical Debrief inspection results to Khalil Dia (Site Vice President) and other members of the licensee staff.
- On February 6, 2024, the inspectors presented the NRC inspection results to Khalil Dia, Site Vice President, and other members of the licensee staff.
DOCUMENTS REVIEWED
Inspection
Procedure
Type
Designation
Description or Title
Revision or
Date
Closed Simulator
Discrepancies
Cooper Simulator Discrepancies closed between 10/4/21
and 9/8/23
09/08/2023
CR-CNS-2023-
04395
CR pertaining to missed reporting of limiting conditions for
licensed operators
Corrective Action
Documents
Open Simulator
Discrepancies
Simulator Discrepancies by due date
09/08/2023
CR-CNS-2023-
4813
EOC Results from CR-CNS-2023-4395
WT-0053-012
Enhancements from CR-CNS-2023-4395
Corrective Action
Documents
Resulting from
Inspection
WT-2023-002-
234, -236, -237
Enhancements for CR-CNS-2023-4395 from WT-0053-012
Qualification attendance report for one operating crew and
three staff
Three (3) members of staff crew shift staffing record for 2022
to present
Exam results for one operating crew and three staff from
22 ARQ
Remediation plan for an ILT written exam failure, affecting
requal status
06/29/2022
Requal short range training plan January 2022 - December,
23
Requal schedule 2022-2023
Remediation for requal scenario failure
08/11/2023
Remediation for two written exam failures for 2021 BRQ
11/20/2023
Medical records of five licensed operators
Reactivations of two licensed operators
05/01/2023
COR0099900
NRC Licensed
Personnel Requal
Written Exam
Week one RO Exam
10/24/2023
Miscellaneous
COR0099900
NRC Licensed
Week 1 SRO Exam
10/24/2023
Inspection
Procedure
Type
Designation
Description or Title
Revision or
Date
Personnel Requal
Written Exam
EX-A-R-1-GAR-1
Week 4 JPM A1-RO
EX-A-S-1-FPC-1
Week 1 JPM A1
EX-A-S-4-EAL-2
EX-P-1-CRD-3
Week 4 JPM P1
EX-P-2-RCIC-2
Week 1 JPM P1
EX-P-6-DG-1-A
Week 4 JPM P2
EX-P-6-LASP-1
Week 1 JPM P2
EX-S-2-RCIC-1-A
Week 4 JPM S2
EX-S-3-HPCI-1-A
Week 1 JPM S2
EX-S-5-RHR-1-A
Week 1 JPM S1
EX-S-8-CW-1
Week 4 JPM S1
EX-SC-23
Exam Scenario 23
EX-SC-25
Exam Scenario 25
EX-SC-26
Exam Scenario 26
EX-SC-35
Exam Scenario 35
EX-SC-36
Exam Scenario 36
INT0080612R
Lesson plan and change notice for EOP 7B, incorporating
EOP 7C
OP Aid 08-01
STE Critical Safety Function Flowchart
2.1.22
Group Isolation Hard Card
2.2.60
Primary Containment Ventilation and Nitrogen Inerting
System
104
2.4PC
Primary Containment Control - Abnormal Procedure
5.2Fuel
Fuel Failure
NTP217
Exam Security
NTP7.2
Simulator Configuration Management
NTP7.3
Simulator Physical Fidelity
NTP7.4
Simulator Performance Test Documentation
NTP8.1
Administration of Licensed Operator Medical Program
Procedures
OTP 805
Licensed Operator Requalification Biennial Written Exam
Development and Administration
Inspection
Procedure
Type
Designation
Description or Title
Revision or
Date
OTP 813
Annual Operating Requalification Examination Development
and Administration
04/05/2023
TQF-OTP-CSCT
CNS Critical Task Methodology
0