IR 05000333/1987007
| ML20209H578 | |
| Person / Time | |
|---|---|
| Site: | FitzPatrick  |
| Issue date: | 04/22/1987 |
| From: | Russell W NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | Brons J POWER AUTHORITY OF THE STATE OF NEW YORK (NEW YORK |
| Shared Package | |
| ML20209H584 | List: |
| References | |
| EA-87-048, EA-87-48, NUDOCS 8705040053 | |
| Download: ML20209H578 (4) | |
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2 2 APR 1987'
Docket No. 50-333 License No. DPR-59 EA 87-48 Power Authority of the State of New York James A. FitzPatrick Nuclear Power Plant ATTN: John C. Brons Senior Vice President Nuclear Generation 123 Main Street White Plains, New York Gentlemen:
Subject: NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY (NRC Inspection No. 50-333/87-07)
This refers to the NRC inspection conducted on February 18-20, 1987 of activi-ties authorized by License No. DPR-59 at the James A. FitzPatrick Nuclear Power Plant. The report of the inspection was forwarded to you on March 11, 1987.
The inspection was conducted to review the circumstances associated with an unplanned radiation exposure of 30.27 rem in one calendar quarter to the right hand of a contractor worker at your facility, an amount in excess of the regulatory limit. The unplanned radiation exposure was identified by a member of your staff and reported to the NRC.
On March 25, 1987, an enforcement conference was held with you and members of your staff during which the exposure, the associated violations, their causes, and your corrective actions were discussed.
The majority of the radiation exposure (29.6 rem) was received by the individual on February 13, 1987 while performing an activity which involved the cutting and replacement of instrument dry tubes in the reactor. When the cutting tool was removed from the water on February 13, 1987, and placed on the refuel floor, a piece of the dry tube fell from the tool onto the refuel floor.
The contractor technician, who had not been instructed in the radiological hazards associated with these instrument tubes, immediately grabbed the piece of tube and threw it into the refueling pool. A subsequent underwater survey of the piece of tube indicated a contact radiation level of 13,000 R/hr, which is equivalent to approximately 16,300 R/hr in air.
The NRC is concerned that although area radiation monitors (ARMS) alarmed in three different areas as the cutting tool was being removed from the pool, the tool was nonetheless removed without performing a survey of the tool prior to removal from the pool.
Further, the Radiation Technician who was monitoring the activity was not informed of the alarms, and an adequate evaluation of the cause of the alarms was not performed. The NRC is also concerned that although two Radiation Protection technicians had been assigned to the Refuel floor to provide radiological control for these activities, one of the technicians had CERTIFIED MAIL RETURN RECEIPT REQUESTED
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Power Authority of the State
of New York left the area to perform another task, and the other technician was actually involved in the work activity by washing and rinsing the tool as it was being removed, rather than providing radiological oversight and control of the activity.
Further, communication between the Radiation Protection technician and the work crew was inadequate in that the Radiation Protection Technician had not been informed that (1) a piece of tube had been cut or (2) that alarms had been received as the tool was being removed from the refueling pool.
These events demonstrate the need for improved planning and control of radiation protection activities, improved training in radiological hazards, and improved communication between Radiation Protection personnel and the work crews they are monitoring.
In addition, the NRC is concerned that your staff has not in the past adequately responded to indications of radiological problems, and has not implemented effective corrective actions to prevent recurrence of previously identified violations.
For example, on the shift immediately prior to the shift during which the overexposure occurred, a highly radioactive (415 R/hr)
particle was found in the cutting tool, yet action was not taken to revise the ALARA Review and associated Radiation Work Permit for the operations to be conducted on the next day.
Further, although a Notice of Violation (N0V) was issued on June 21, 1985 identifying several failures to adhere to radiological procedures, including the failure to ensure compliance with Radiation Work Permits, and most notably, the failure to survey a dry tube cutting tool prior to allowing personnel to handle the tool, procedures again were not followed and the tool again was removed without a survey first being performed.
If an adequate survey had been performed prior to removal, the overexposure could have been prevented. These failures demonstrate a serious breakdown in management control of the radiation safety program.
To emphasize the need to (1) assure adherence to radiation safety procedures, and (2) take timely and effective corrective actions to prevent recurrence of identified violations, I have been authorized, after consultation with the Director, Office of Enforcement and Deputy Executive Director for Regional Operations, to issue the enclosed Notice of Violation and Proposed Imposition of Civil Penalty in the amount of Seventy Five Thousand Dollars ($75,000) for the violations set forth in the Notice. The violations are classified in the aggregate as a Severity Level III problem in accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C (Enforcement Policy) (1987). Although Violation A could individually be classified at Severity Level III, the violations have been classified in the aggregate to focus on the underlying deficiencies. The base civil penalty amount for a Severity Level III violation or problem is $50,000.
The NRC considered increasing the civil penalty amount by 100 percent because
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of the repeated failures to assure adherence to procedures, the failure to implement adequate corrective action for the previously identified similar violations, and the failure to respond to the indications of a radiation problem.
However, the penalty was only escalated by 50*/, in recognition of your unusually prompt and extensive corrective actions after the overexposure was identified.
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Power Authority of the State
of New York i'
You are required to respond to the enclosed Notice and, in preparing your
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response, you should follow the instructions specified in the Notice.
In your-j response, you should document the specific actions taken or planned to prevent recurrence. In your response, you may reference, as approriate, your presentation at the enforcement conference. After. reviewing your response to this Notice, including your proposed corrective actions and the results of future inspections, the NRC will determine whether further enforcement action is necessary to ensure compliance with NRC regulatory requirements.
i In accordance with Section 2.790 of the NRC's " Rules of Practice," Part 2,
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Title 10, Code of Federal Regulations, a copy of this letter and the enclosure will be placed in the NRC's Public Document Room.
The responses directed by this letter and the enclosed Notice are not subject
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to the clearance procedures of the Office of Management and Budget as required
l by the Paperwork Reduction Action of 1980, PL 95-511.
Sincerely, Original Signed Byr, William T. Russell Regional Administrator Enclosure: Notice of Violation and Proposed Imposition of Civil Penalty i
cc w/ encl:
L. W. Sinclair, President J. P. Bayne, First Executive Vice President and Chief Operations Officer e
A. Klausmann, Vice President - Quality Assurance and Reliability R. J. Converse, Resident Manager, FitzPatrick
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R. L. Patch, Quality Assurance Superintendent George M. Wilverding, Chairman, Safety Review Committee Gerald C. Goldstein, Assistant General Counsel NRC Licensing Project Manager Dept. of Public Service, State of New York Public Document Room (PDR)
Local Public Document Room (LPDR)
Nuclear Safety Information Center (NSIC)
NRC Resident Inspector State of New York
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