IR 05000315/2024011
| ML24207A211 | |
| Person / Time | |
|---|---|
| Site: | Cook  |
| Issue date: | 08/30/2024 |
| From: | Paul Zurawski NRC/RGN-III/DORS/OB |
| To: | Lies Q Indiana Michigan Power Co |
| References | |
| EA-24-047 IR 2024011 | |
| Download: ML24207A211 (1) | |
Text
August 30, 2024
SUBJECT:
DONALD C. COOK NUCLEAR PLANT - NRC INSPECTION REPORT 05000315/2024011 AND 05000316/2024011 AND NOTICE OF VIOLATION
Dear Q. Shane Lies:
On July 18, 2024, the U.S. Nuclear Regulatory Commission (NRC) completed an inspection at Donald C. Cook Nuclear Plant and discussed the results of this inspection with Kelly Ferneau, Site Vice President, and other members of your staff. The results of this inspection are documented in the enclosed report.
Based on the results of this inspection, the NRC has determined that two violations of NRC requirements occurred. Specifically, seven operators resumed licensed activities without performing the required plant tour as required by Title 10 of the Code of Federal Regulations (10 CFR) 55.53(f), which resulted in the licensees failure to maintain the minimum licensed operator staffing requirements as required by 10 CFR 50.54 (m)(2)(i). These two violations are being characterized as a Severity Level IV problem.
These violations are normally categorized in accordance with the NRC Enforcement Policy at Severity Level III (see section 6.4.c of the NRC Enforcement Policy). However, the staff determined that the significance of this violation was Severity Level IV because the operators 1) stood a minimal number of watches, 2) did not cause consequential errors while standing watch, and 3) complied with all other requirements (e.g., full participation in the bi-annual requalification program and stood all required proficiency watches).
The Severity Level IV problem was evaluated in accordance with the 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 problem, which includes two violations, is cited in the enclosed Notice of Violation (NOV) and the circumstances are described in detail in the subject inspection report. The NOV met the criteria for treatment as a non-cited violation; however, because the violation is associated with multiple licensed operators and could have resulted in moderate safety consequences, the NRC determined the issuance of a NOV with a required response was appropriate for this case. You are required to respond to this letter and should follow the instructions specified in the enclosed Notice when preparing your response. Specifically, the response needs to include results of any causal analysis and actions taken to prevent recurrence. The NRCs review of your response will also determine whether further enforcement action is necessary to ensure your compliance with regulatory requirements.
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 III; the Director, Office of Enforcement; and the NRC Resident Inspector at Donald C. Cook Nuclear Plant.
In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter, its enclosure(s), and your response, will be made available electronically for public inspection in the NRC Public Document Room or from the NRC's 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.
Sincerely, Paul J. Zurawski, Chief Operations Branch Division of Operating Reactor Safety Docket Nos. 05000315 and 05000316 License Nos. DPR-58 and DPR-74
Enclosure:
As stated
Inspection Report
Docket Numbers:
05000315 and 05000316
License Numbers:
Report Numbers:
05000315/2024011 and 05000316/2024011
Enterprise Identifier:
I-2024-011-0036
Licensee:
Indiana Michigan Power Company
Facility:
Donald C. Cook Nuclear Plant
Location:
Bridgman, MI
Inspection Dates:
February 26, 2024 to July 18, 2024
Inspectors:
B. Bergeon, Senior Operations Engineer
T. Henning, Senior Operations Engineer
Approved By:
Paul J. Zurawski, Chief
Operations Branch
Division of Operating Reactor Safety
SUMMARY
The U.S. Nuclear Regulatory Commission (NRC) continued monitoring the licensees performance by conducting an NRC inspection at Donald C. Cook 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 certify operators re-activation in accordance with Title 10 of the Code of Federal Regulations (10 CFR) 55.53(f) results in failures to meet minimum staffing requirements in accordance with 10 CFR 50.54(m)(2)(i).
Cornerstone Severity Cross-Cutting Aspect Report Section Not Applicable Severity Level IV Problem NOV 05000315,05000316/2024011-01 Open EA-24-047 Not Applicable 71111.11B An NRC identified Severity Level IV problem that includes a violation of 10 CFR 55.53(f) for the licensees failure to appropriately certify that seven operators completed the requirements to return their license to an active status prior to resuming functions authorized by the license; and, a violation of 10 CFR 50.54(m)(2)(i) when the licensee failed to meet minimum licensed operator staffing requirements.
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.
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 February 14, 2024 to March 14, 2024 and the biennial written examinations completed on March 14, 2024.
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 on February 29, 2024.
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 certify operators re-activation in accordance with Title 10 of the Code of Federal Regulations (10 CFR) 55.53(f) results in failure to meet minimum staffing requirements in accordance with 10 CFR 50.54(m)(2)(i).
Cornerstone Severity Cross-Cutting Aspect Report Section Not Applicable Severity Level IV Problem NOV 05000315,05000316/2024011-01 Open EA-24-047 Not Applicable 71111.11B An NRC identified Severity Level IV problem that includes a violation of 10 CFR 55.53(f) for the licensees failure to appropriately certify that seven operators completed the requirements to return their license to an active status prior to resuming functions authorized by the license; and, a violation of 10 CFR 50.54(m)(2)(i) when the licensee failed to meet minimum licensed operator staffing requirements.
Description:
On February 26, 2024, the NRC identified that the licensee failed to certify that seven (7)operators (four
- (4) SROs and three
- (3) ROs) completed the requirements to return their license to an active status prior to resuming functions authorized by the license. The licensee incorrectly revised operations procedure OHI-2070, OPERATIONS TRAINING AND QUALIFICATION, Revision 72, April 15, 2021, for licensed operator reactivation, which allowed the licensee to N/A steps of the procedure. Specifically, the licensee marked N/A on step F in attachment 5 of the procedure. This allowed operators to forgo completing a plant tour and reviewing shift relief turnover procedures prior to the re-activation of their licenses as required by 10 CFR 55.53(f). As a result, the licensee did not maintain minimum staffing requirements which was a violation of 10 CFR 50.54(m)(2)(i) and Technical Specification (TS) 5.2.2.b.
Corrective Actions: Immediate corrective actions included the facility licensee placing the seven inactive operators (four
- (4) senior operators and three
- (3) licensed operators) on Administrative HOLD on February 27, 2024, when the issue was identified. The individuals have completed remedial training and were verified to meet all requirements of license reactivation prior to resuming watch standing activities on March 1, 2024. The facility licensee also entered the procedure issue into the corrective action program for revision. The facility licensee is conducting further investigation to identify the cause of the procedure revision that led to the non-compliances. AR 2024-1656 was generated to address this issue.
Corrective Action References: AR 2024-1656
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: A Severity Level IV problem was identified based on the facility licensee allowing seven operators to resume licensed activities without performing the required plant tour as required by 10 CFR 55.53(f). Subsequently, the facility licensee operated units 1 and 2 in MODE 1 across eleven
- (11) shifts with a Main Control Room Staffing less than the requirements stated in 10 CFR 50.54(m)(2)(i) and TS 5.2.2.b.
These violations are normally categorized in accordance with the NRC Enforcement Policy at Severity Level III (see section 6.4.c of the NRC Enforcement Policy). However, the staff determined that the significance of these violations was Severity Level IV because the operators 1) stood a minimal number of watches, 2) did not cause consequential errors while standing watch, and 3) complied with all other requirements (e.g., full participation in the bi-annual requalification program and stood all required proficiency watches).
Violation: A 10 CFR Section 55.53
- (e) requires, in part, if a licensee has not been actively performing the functions of an operator or senior operator, the licensee may not resume activities authorized by a license issued under this part except as permitted by paragraph
- (f) of this section. To maintain active status, the licensee shall actively perform the functions of an operator or senior operator on a minimum of seven 8-hour or five 12-hour shifts per calendar quarter.
10 CFR Section 55.53(f), states, in part, if paragraph
- (e) of this section is not met, before resumption of functions authorized by a license issued under this part, an authorized representative of the facility licensee shall certify the following:
- (1) that the qualifications and status of the licensee are current and valid; and
- (2) that the licensee has completed a minimum of 40 hours4.62963e-4 days <br />0.0111 hours <br />6.613757e-5 weeks <br />1.522e-5 months <br /> of shift functions under the direction of an operator or senior operator as appropriate and in the position to which the individual will be assigned. The 40 hours4.62963e-4 days <br />0.0111 hours <br />6.613757e-5 weeks <br />1.522e-5 months <br /> must have included a complete tour of the plant and all shift turnover procedures.
TS Section 5.4.1.a. requires, in part, that written procedures shall be established, implemented, and maintained covering the applicable procedures recommended in Regulatory Guide 1.33, Revision 2, Appendix A, February 1978.
NRC Regulatory Guide 1.33, Revision 2, Appendix A, Section 1 addresses Administrative Procedures, Subsection b. addresses Authorities and Responsibilities for Safe Operation and Shutdown, Subsection g. addresses Shift and Relief Turnover, and Subsection k.
addresses Maintenance of Minimum Shift Complement and Call-In of Personnel.
The licensee established Procedure OHI-2070, Operations Training and Qualification, Rev. 72, April 15, 2021, to address the Operations Department training and qualifications policies and expectations.
Contrary to the above, from October 12, 2021 to February 26, 2024, the licensee failed to ensure that seven inactive licensed operators performed a complete tour of the plant and all shift turnover procedures prior to the resumption of functions authorized by their individual licenses issued under 10 CFR Part 55.
Additionally, from April 15, 2021, to February 26, 2024, the licensee failed to maintain an adequate written procedure covering Authorities and Responsibilities for Safe Operation and Shutdown, Shift and Relief Turnover, and Maintenance of Minimum Shift Complement and Call-in of Personnel. Specifically, the site failed to maintain procedure OHI-2070, Operations Training and Qualification, Rev. 72, April 15, 2021, such that it allowed the licensee to mark N/A on step F in attachment 5 of the procedure. Marking this step N/A allowed operators to forgo completing a plant tour and reviewing shift relief turnover procedures prior to the re-activation of their licenses as required by 10 CFR 55.53(f).
Violation: B 10 CFR 50.54(m)(2)(i) requires each licensee shall meet the minimum licensed operator staffing requirements in the following table. The table states the following, Minimum Requirements Per Shift for On-Site staffing of Nuclear Power Units by Operators and Senior Operators Licensed Under 10 CFR Part 55, with two nuclear power units operating, two units/two control rooms, the minimum number of senior operators is three.
TS 5.2.2.b states, in part, "shift crew composition may be less than the minimum requirement of 10 CFR 50.54(m)(2)(i) and Specifications 5.2.2.a and 5.2.2.f for a period of time not to exceed 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br /> in order to accommodate unexpected absence of on-duty shift crew members provided immediate action is taken to restore the shift crew composition to within the minimum requirements."
Contrary to the above, on 11 occasions between October 14, 2023 to November 14, 2023, the licensee failed to maintain the minimum licensed operator staffing requirements as required by 10 CFR 50.54(m)(2)(i).
Additionally on 11 occasions between October 14, 2023 to November, 14, 2023, the licensee failed to maintain the minimum licensed operator staffing requirements for greater than 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br />, and failed to ensure immediate action was taken to restore shift crew composition to meet the minimum shift staffing requirements as required by TS 5.2.2.b. Specifically, the license failed to ensure the minimum number of senior operators were on shift on the following dates:
Day shifts of 10/14/23, 10/15/23, 10/19/23, 10/24/23, 10/25/23, 10/30/23, 11/4/23, 11/5/23, 11/8/23, 11/13/23, and 11/14/23.
These two violations are being characterized as a Severity Level IV problem.
Enforcement Action: These violations are being cited because the violations are associated with multiple licensed operators and could have resulted in in moderate safety consequences.
The NRC determined the issuance of a Notice of Violation with a required response was appropriate for this case (see Enclosure 2).
EXIT MEETINGS AND DEBRIEFS
The inspectors verified no proprietary information was retained or documented in this report.
- On February 26, 2024, the inspectors conducted an Entrance Meeting with Q. Shane Lies - Chief Nuclear Officer and other members of the licensee staff.
- On July 18, 2024, the inspectors presented the Exit Meeting inspection results to Kelly Ferneau - Site Vice President and other members of the licensee staff.
DOCUMENTS REVIEWED
Inspection
Procedure
Type
Designation
Description or Title
Revision or
Date
AR 2022-4393
Steam Generator 1 & 4 fed During Testing
05/17/2022
AR 2022-8729
U2 RHR Hx - CCW Side Fill and Vent
10/26/2022
AR 2022-9291
U2 Rx Trip
11/10/2022
AR 2023-6037
Bleed Steam Isolation on Clearance Hang
08/23/2023
Corrective Action
Documents
AR 2024-1656
Revision to OHI-2070 for Reactivation of Licenses
2/27/2024
DR 2023053
Turbine Control Valves Fail to Close during ATWS
10/11/2023
DR 2024002
WMFP Control Valve Position Outside Tolerances
01/14/2024
DR 2024005
Pressurizer Liquid and Surge Line Temperature Response to
Control Valve Testing
01/15/2024
Unit 2 RMS Replacement EC-53364
2/21/2022
Fire Protection Panel and Detector Replacement
2/17/2022
Unit 1 Plant Air Compressor Control Panel Replacement
11/13/2022
CVCS Change Calibrated Span of 12-QLA-610/620/630
06/27/2023
GT 2022-0369
TR RHR Loops vs. Trains (From AR 2022-8729)
01/13/2023
GT 2022-5819
TR (LOR) for Use of OV&V (From AR 2022-4393)
07/15/2022
GT 2022-5821
TR (LOR) Condensate / FW Long Path Recirc (From
AR 2022-4393)
07/15/2022
GT 2022-9419
TR MFP Control (From AR 2022-9291)
11/16/2022
GT 2022-9420
TR on Assigning Actions to Trip (From AR 2022-9291)
11/16/2022
GT 2022-9438
TR MFP Speed Control (From AR 2022-9291)
11/16/2022
GT 2023-0201
TR for JITT (Placing MFPs on Service) (From AR 2022-
291)
01/09/2023
GT 2023-4849
TR Operational Risk for Degraded Conditions
06/29/2023
GT 2023-6097
TR on Heater Level Switch Operations
08/25/2023
Job Performance
Measure (JPM)
RO-O-A095-U12
Job Performance
Measure (JPM)
RO-O-AEO-A006
Job Performance
Measure (JPM)
RO-O-E280-U12
Miscellaneous
Job Performance
RO-O-N073D
Inspection
Procedure
Type
Designation
Description or Title
Revision or
Date
Measure (JPM)
Job Performance
Measure (JPM)
SR-O-N0015
Job Performance
Measure (JPM)
RO-O-AEO-E221
Job Performance
Measure (JPM)
RO-O-AEO-E287
Job Performance
Measure (JPM)
RO-O-E026-U12
Job Performance
Measure (JPM)
RO-O-E107A-U12
LRTP (2022-
23)
LOR Long Range Training Plan for 2022 and 2023
OHI-2070
Reactivation (Operator #1)
OHI-2070
Reactivation (Operator #2)
OHI-2070
Reactivation (Operator #3)
OHI-2070
Reactivation (Operator #4)
OHI-2070
Reactivation (Operator #5)
OHI-2070
Reactivation (Operator #6)
OHI-2070
Reactivation (Operator #7)
OHI-2070
Reactivation (Operator #8)
OHI-2070
Reactivation #2 (Operator #4)
RO-I-5400
(Condensate
System)
Lesson Plan
Inspection
Procedure
Type
Designation
Description or Title
Revision or
Date
RO-I-5500 (Feed
Water System)
Lesson Plan
RO-S-AOP-D4-
Scenario)
Simulator Exercise Guide
RQ-C-4765 (LOR
Operations
Review)
Lesson Plan
RQ-C-4815 (LOR
Operations
Review)
Lesson Plan
RQ-S-4707-U2-
T1 (LOR Period
4707 Training
Scenario #1)
Simulator Exercise Guide
RQ-S-4707-U2-
T2 (LOR Period
4707 Training
Scenario #2)
Simulator Exercise Guide
RQ-S-4708-U2-
T1 (LOR Period
4708 Training
Scenario #1)
Simulator Exercise Guide
RQ-S-4802-U2-
T1 (LOR Period
4802 Training
Scenario #1)
Simulator Exercise Guide
Simulator
Evaluation Guide
(SEG)
RQ-E-ANN-26
Simulator
Evaluation Guide
(SEG)
RQ-E-ANN-61
Simulator
RQ-E-ANN-33
Inspection
Procedure
Type
Designation
Description or Title
Revision or
Date
Evaluation Guide
(SEG)
Simulator
Evaluation Guide
(SEG)
RQ-E-ANN-73
TRP-2070-SIM-
001 Data Sheet 1
Unit 1 Simulator Fidelity Assessment List
2/27/2024
TRP-2070-SIM-
001 Data Sheet 1
Unit 2 Simulator Fidelity Assessment List
2/27/2024
Written Exam
2/19/2024
Written Exam
2/19/2024
OHI-2070
Operations Training & Qualification
OHI-2070
Operations Training & Qualification
OHI-2070
Operations Training & Qualification
OHI-2070
Operations Training & Qualification
OHI-2070
Operations Training & Qualification
OHI-2070
Operations Training & Qualification
OHI-2070
Operations Training & Qualification
OHI-2071
Reporting, Reassignment, Termination, and Conditions
Potentially Affecting Performance of Licensed Duties
OHI-2073
Operations Individual & Team Performance Improvement
OHI-4000
Conduct of Operations: Standards
151
TDG-SIM-004
Reactor Core Testing Guideline - DR 1000877, Unit 1 Cycle
Core Reload
2/07/2024
TPD-600-LOR
LOR Training Program Description
TRP-2070-LIC-
001
NRC License & Medical Requirements
TRP-2070-SIM-
003
23055, Simulator Performance Testing, U1C32 Refueling
Outage Trip
2/19/2024
TRP-2070-SIM-
003
23 ILT Power Escalation RO-C-NOP7 U1
05/22/2023
TRP-2070-SIM-
003
23 ILT Power Reduction, RO-C-NOP1 U1
05/22/2023
Procedures
TRP-2070-SIM-
23 ILT Reactor Startup, RO-C-NOP6 U1
05/23/2023
Inspection
Procedure
Type
Designation
Description or Title
Revision or
Date
003
TRP-2070-SIM-
003
23 Requal Training NRC Exam RQ-E-ANN11
01/25/2023
TRP-2070-SIM-
003
U1C31 Steady State Testing
07/07/2021
TRP-2070-SIM-
003
U1C32 Transient 3, Simultaneous Closure of all MSIVs
2/22/2023
TRP-2070-SIM-
003
U1C32 Transient 7, Maximum Rate Power Change 100%-
75%-100%
2/22/2023
TRP-2070-SIM-
003
U1C32 Transient 5, Trip of #13 RCP
2/22/2023
TRP-2070-SIM-
003
U1C32 Transient 8, Maximum Size RCS Break w/Loss of
Off-Site Power
2/22/2023
TRP-2070-SIM-
003
U1C32 Transient 10, Stuck Open PORV w/Hi Head Injection
Inhibited
2/12/2024
TRP-2070-SIM-
003
DR 1000281, Unit 2 Cycle 27 Core Reload
2/08/2023
TRP-2070-SIM-
003
24003, Main Turbine CV Testing Event 12/09/2023
2/22/2023
TRP-2070-SIM-
003
22053, U2C27 Refueling Reactor Trip
10/05/2022
TRP-2070-SIM-
003
22 Requal Training NRC Exam RQ-E-ANN13
11/30/2022
TRP-2070-SIM-
003
23 ILT Power Escalation, RO-C-NOP7 U2
05/17/2023
TRP-2070-SIM-
003
23 ILT Power Reduction, RO-C-NOP1 U2
05/17/2023
TRP-2070-SIM-
003
23 ILT Reactor Startup, RO-C-NOP6 U2
05/18/2023
TRP-2070-SIM-
003
U2C27 Simulator Steady State Test
2/01/2023
TRP-2070-SIM-
003
U2C27 Transient 2, Simultaneous Trip of Both Main Feed
Pumps
2/01/2023
TRP-2070-SIM-
U2C27 Transient 5, Trip of #23 RCP
2/01/2023
Inspection
Procedure
Type
Designation
Description or Title
Revision or
Date
003
TRP-2070-SIM-
003
U2C27 Transient 8, Maximum Size RCS Break w/Loss of
Off-Site Power
2/01/2023
TRP-2070-SIM-
003
U2C27 Transient 10, Stuck Open PORV w/Hi Head Injection
Inhibited
2/01/2023
TRP-2070-SIM-
003
Simulator Performance Testing
TRP-2070-TAP-
200
SAT Design
TRP-2070-TAP-
300
SAT Development
TRP-2070-TAP-
300-LOR
LOR Annual Operating Test & Biennial Written Exam
Development
TRP-2070-TAP-
300-OPS
Operations Training Examination & Simulator Exercise
Guide Development
TRP-2070-TAP-
400-LOR
LORT Annual Operating Test & Biennial Written Exam
Implementation
TRP-2070-TAP-
400-SEC
Operations Training Exam Security
Self-Assessments 2023-8762
24 Pre-NRC 71111.11 Inspection Quick-Hit
Self-Assessment
2/15/2023
Indiana Michigan Power Company
Docket Nos.: 05000315 and
05000316
D.C. Cook
License Nos.: DPR-58 and DPR-74
Consistent with the NRC Enforcement Policy and Title 10 of the Code of Federal Regulations
(10 CFR) Part 2.201, the following two violations documented in inspection report 2024011 are
being cited as a Severity Level IV problem:
Violation: A
CFR Section 55.53 (e) requires, in part, if a licensee has not been actively
performing the functions of an operator or senior operator, the licensee may not resume
activities authorized by a license issued under this part except as permitted by
paragraph (f) of this section. To maintain active status, the licensee shall actively
perform the functions of an operator or senior operator on a minimum of seven 8-hour or
five 12-hour shifts per calendar quarter.
CFR Section 55.53(f), states, in part, if paragraph (e) of this section is not met,
before resumption of functions authorized by a license issued under this part, an
authorized representative of the facility licensee shall certify the following: (1) that the
qualifications and status of the licensee are current and valid; and (2) that the licensee
has completed a minimum of 40 hours4.62963e-4 days <br />0.0111 hours <br />6.613757e-5 weeks <br />1.522e-5 months <br /> of shift functions under the direction of an
operator or senior operator as appropriate and in the position to which the individual will
be assigned. The 40 hours4.62963e-4 days <br />0.0111 hours <br />6.613757e-5 weeks <br />1.522e-5 months <br /> must have included a complete tour of the plant and all shift
turnover procedures.
Technical Specification (TS) Section 5.4.1.a. requires, in part, that written procedures
shall be established, implemented, and maintained covering the applicable procedures
recommended in Regulatory Guide 1.33, Revision 2, Appendix A, February 1978.
NRC Regulatory Guide 1.33, Revision 2, Appendix A, Section 1 addresses
Administrative Procedures, Subsection b. addresses Authorities and Responsibilities
for Safe Operation and Shutdown, Subsection g. addresses Shift and Relief Turnover,
and Subsection k. addresses Maintenance of Minimum Shift Complement and Call-In of
Personnel.
The licensee established Procedure OHI-2070, Operations Training and Qualification,
Rev. 72, April 15, 2021, to address the Operations Department training and
qualifications policies and expectations.
Contrary to the above, from October 12, 2021 to February 26, 2024, the licensee failed
to ensure that seven inactive licensed operators performed a complete tour of the plant
and all shift turnover procedures prior to the resumption of functions authorized by their
individual licenses issued under 10 CFR Part 55.
Additionally, from April 15, 2021 to February 26, 2024, the licensee failed to maintain an
adequate written procedure covering Authorities and Responsibilities for Safe Operation
and Shutdown, Shift and Relief Turnover and Maintenance of Minimum Shift
Complement and Call-in of Personnel. Specifically, the site failed to maintain procedure
OHI-2070, Operations Training and Qualification, Rev. 72, April 15, 2021, such that it
allowed the licensee to mark N/A on step F in attachment 5 of the procedure. Marking
this step N/A allowed operators to forgo completing a plant tour and reviewing shift
relief turnover procedures prior to the re-activation of their licenses as required by
CFR 55.53(f).
Violation: B
CFR 50.54(m)(2)(i) requires each licensee shall meet the minimum licensed operator
staffing requirements in the following table. According to the table, Minimum
Requirements Per Shift for On-Site staffing of Nuclear Power Units by Operators and
Senior Operators Licensed Under 10 CFR Part 55, with two nuclear power units
operating, two units/two control rooms, the minimum number of senior operators is three.
TS 5.2.2.b states, in part, "shift crew composition may be less than the minimum
requirement of 10 CFR 50.54(m)(2)(i) and Specifications 5.2.2.a and 5.2.2.f for a period
of time not to exceed 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br /> in order to accommodate unexpected absence of on-duty
shift crew members provided immediate action is taken to restore the shift crew
composition to within the minimum requirements."
Contrary to the above, on 11 occasions between October 14, 2023 to November 14,
23, the licensee failed to maintain the minimum licensed operator staffing
requirements as required by 10 CFR 50.54(m)(2)(i).
Additionally on 11 occasions between October 14, 2023 to November 14, 2023, the
licensee failed to maintain the minimum licensed operator staffing requirements for
greater than 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br />, and failed to ensure immediate action was taken to restore shift
crew composition to meet the minimum shift staffing requirements as required by
TS 5.2.2.b. Specifically, the license failed to ensure the minimum number of senior
operators were on shift on the following dates: Day shifts of 10/14/23, 10/15/23,
10/19/23, 10/24/23, 10/25/23, 10/30/23, 11/4/23, 11/5/23, 11/8/23, 11/13/23, and
11/14/23.
These violations are being characterized as a Severity Level IV problem.
Consistent with 10 CFR 19.11, you are required to post this Notice of Violation within two
working days of receipt.
Replying to Notice of Violation
You are required to submit a written explanation or statement under 10 CFR 2.201 to the U.S.
Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555-0001
with a copy to the Regional Administrator, Region 3, and a copy to the NRC Resident Inspector
at
- D.C. Cook, within 30 days of the date of the issuance of this Notice of Violation. Please mark
your reply "Reply to a Notice of Violation; EA-24-047" and include the following for each
violation:
(1) The reason for the violation, or, if contested, the basis for disputing the violation or
severity level
(2) The corrective steps that have been taken and the results achieved
(3) The corrective steps that will be taken
(4) The date when full compliance will be achieved
Your written explanation or statement may reference or include previous docketed
correspondence. If an adequate reply is not received within 30 days, an order or a Demand for
Information may be issued as to why the license should not be modified, suspended, or
revoked, or why other appropriate action should not be taken. Where good cause is shown,
consideration will be given to extending the required 30-day response time.
If you contest this enforcement action, please provide an additional copy of your response, with
your basis for denial, to the Director, Office of Enforcement, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001.
Because your response will be made available electronically for public inspection in the NRC
Public Document Room or from the NRCs document system (ADAMS), accessible from the
NRC website at http://www.nrc.gov/reading-rm/adams.html, to the extent possible, it 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, then 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 material, 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
CFR 2.390(b) to support a request for withholding confidential commercial or financial
information). If safeguards information is necessary to provide an acceptable response, please
provide the level of protection described in 10 CFR 73.21.
Dated this 30th day of August 2024.