IR 05000335/2011008
| ML110880550 | |
| Person / Time | |
|---|---|
| Site: | Saint Lucie  |
| Issue date: | 03/25/2011 |
| From: | Brian Bonser NRC/RGN-II/DRS/PSB1 |
| To: | Nazar M Florida Power & Light Co |
| References | |
| 2-2010-010, EA-11-002 IR-11-008 | |
| Download: ML110880550 (9) | |
Text
March 25, 2011
SUBJECT:
ST. LUCIE NUCLEAR PLANT - NRC INSPECTION REPORT 05000335/2011008 AND 05000389/2011008, AND NRC OFFICE OF INVESTIGATIONS REPORT 02-2010-010
Dear Mr. Nazar:
This refers to the investigation completed on November 11, 2010, by the Nuclear Regulatory Commissions (NRC) Office of Investigations at the St. Lucie Nuclear Plant to determine, in part, whether two former Radiation Protection Technician (RPT) staff members willfully failed to conduct required radiological surveys and falsified records documenting those surveys. Based on the evidence identified in the investigation, the NRC concluded that the subject RPTs deliberately failed to follow requirements detailed in station Health Physics Procedure (HPP) - 4 and HPP-20. The results of the investigation were discussed on February 9, 2011, with Mr.
Anderson and other members of your staff. The enclosed inspection report presents the findings resulting from this investigation.
Based on the staffs review of the facts and circumstances in this case, the NRC has determined that a violation of NRC requirements occurred. The violation involves the failure to comply with the procedural requirements of HPP-4 and HPP-20, as specified in Technical Specification 6.8.1, when two RPTs willfully failed to conduct selected radiation surveys within the Radiologically Controlled Area (RCA), and subsequently documented those surveys as completed. This violation is being characterized as a Severity Level IV violation due to the very low underlying significance of the violation and the willful actions of the RPT staff members.
The NRC is treating this violation as a non-cited violation (NCV), consistent with Section 2.3.2 of the NRC Enforcement Policy. If you contest the NCV, you should provide a written response within 30 days of the date of this inspection report with the basis for your denial, to the United States Nuclear Regulatory Commission, ATTN.: Document Control Desk, Washington, D.C.
20555-0001; with copies to the Regional Administrator, Region II; the Director, Office of Enforcement, United States Nuclear Regulatory Commission, Washington, D.C. 20555-0001; and the NRC Resident Inspector at St. Lucie. In addition, if you disagree with the
UNITED STATES NUCLEAR REGULATORY COMMISSION
REGION II
245 PEACHTREE CENTER AVENUE NE, SUITE 1200 ATLANTA, GEORGIA 30303-1257
characterization of any finding in this report, you should provide a response within 30 days of the date of this inspection report, with the basis for your disagreement, to the Regional Administrator, Region II, and the NRC Resident Inspector at St. Lucie.
A response to this letter is not required. In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter and your response (if any) will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records (PARS) component of NRCs document system (ADAMS). ADAMS is accessible from the NRC Website at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room).
Sincerely,
/RA/
Brian Bonser, Chief Plant Support Branch 1 Division of Reactor Safety
Docket No.: 50-335, 50-389 License No.: DRP-67, NPF-16
Enclosure:
Inspection Report 05000335, 389/2011008 w/Attachment: Supplemental Information
REGION II==
Docket Nos.:
05000335, 05000389
License Nos.:
DRP-67, NPF-16
Report No.:
05000335/2011008 and 05000389/2011008
Licensee:
Florida Power and Light Company
Facility:
St. Lucie Plant, Units 1 & 2
Location:
6351 South Ocean Drive Jensen Beach, FL 34957-20100
Dates:
January 16, 2011, through February 9, 2011
Inspector:
George B. Kuzo, Senior Health Physicist
Approved By:
Brian Bonser, Chief Plant Support Branch 1 Division of Reactor Safety
Enclosure
SUMMARY OF FINDINGS
IR 05000335/2011008 and 05000389/2011008; 01/16/2011 - 02/09/2011; St. Lucie Nuclear
Plant; Occupational Radiation Safety
The report covered an in-office review of NRC Region 2 Office of Investigations (OI) Report No.
02-2010-010 by an NRC Region 2 Senior Health Physicist. One Severity Level IV violation was identified. The significance of most findings is indicated by the color (Green, White, Yellow, Red)using IMC 0609, Significance Determination Process.) Findings for which the Significance Determination Process does not apply may be Green or be assigned a severity level after NRC management review. The NRC's program for overseeing the safe operation of commercial nuclear power reactors is described in NUREG-1649, Reactor Oversight Process (ROP),
Revision 4, dated December 2006.
Cornerstone: Occupational Radiation Safety
Severity Level IV: The NRC identified a non-cited violation of Technical Specification 6.8.1 requirements when it was determined that two St. Lucie Plant Radiation Protection Technician staff willfully failed to follow established Health Physics Procedures. As a result, between July 1, 2008, and September 30, 2009, 16 required Radiologically Controlled Area routine radiation surveys were not conducted, and subsequently were falsely documented as being completed. After the issue was identified by the licensee, it was entered into the licensees corrective action program for action and final resolution. Licensee actions included a determination of the impact of the missed surveys on occupational radiation safety, the extent of condition, and development of additional oversight of for future completed surveys.
This issue was dispositioned using traditional enforcement due to the willful aspects of the performance deficiency. In accordance with the NRC Enforcement Policy, Section 6.7 (d), this failure to maintain procedurally established surveillance activities over licensed material in an area posted as containing radioactive materials despite a functional program to monitor licensed material including training and staff awareness of procedural and 10 CFR Part 20 Code requirements was identified as a Severity Level IV violation. The NRC is treating this violation as a non-cited violation (NCV) consistent with Section 2.3.2 of the NRC Enforcement Policy.
REPORT DETAILS
RADIATION SAFETY
Cornerstones: Occupational Radiation Safety
==2R01 Radiological Hazard Assessment and Exposure Controls
a. Inspection Scope
==
The inspector reviewed the Office of Investigation (OI) report and transcripts of interviews conducted by OI investigators related to completion and documentation of Radiologically Controlled Area (RCA) radiation surveys by two Radiation Protection Technician (RPT) staff members to determine if violations of regulatory requirements occurred.
b. Findings
Introduction:
The NRC identified a Severity Level IV violation of Technical Specification 6.8.1, Procedures, when it was determined that two RPTs willfully failed to complete required routine radiation surveys and falsely documented completion of those surveys.
Specifically, for required RCA routine surveys documented between July 1, 2008, and September 30, 2009, 16 occasions were identified where RPT staff failed to enter RCA locations requiring routine radiation surveys and subsequently falsified records documenting completion of those surveys.
Description:
The OI investigation identified two RPTs on swing shift who falsified records for daily radiation surveys required to be conducted within the sites Radiologically Controlled Area (RCA) between July 1, 2008, and September 30, 2009.
Based on the evidence, the investigation identified 16 occurrences where the subject RPTs willfully failed to conduct required radiation surveys and subsequently falsified required documentation as required by Health Physics Procedure HPP)-4, Scheduling of Health Physics Activities, and HPP-20, Area Radiation and Contamination Surveys.
The determination was based on a review of access records and evaluation of electronic personnel dosimeter (EPD) dose rate data relative to known dose rates within selected survey locations, which identified that the subject RPTs could not have entered and physically conducted the actual radiological surveys. The identified discrepancies between the RPTs EPD recorded dose rates and actual area dose rates, indicated four instances by one HPT staff member and 12 by a second staff member where those individuals could not have physically entered the subject RCA location and conducted the actual radiological measurements and therefore the associated survey record data were determined to have been falsified. The licensee was aware of the subject issue and entered it into their corrective action program under Condition Report Number 2009-28830 which documents the extent of condition, and immediate and long-term corrective actions to address the identified issues.
Analysis:
The failure to conduct and complete accurate documentation of routine RCA radiological surveys in accordance with HPP-4 and HPP-20 was a performance deficiency. This issue was dispositioned using traditional enforcement due to the willful aspects of the RPTs actions. Although the licensees review of the events and the NRC investigation determined that the RPTs actions did not impact radiological conditions or result in any unintended exposure, the issue is considered more than minor due to the willful aspects of the performance deficiency in accordance with the guidance in Chapter 2 of the Enforcement Manual. There was no cross-cutting aspect because this performance deficiency was dispositioned using traditional enforcement.
Enforcement:
Technical Specification 6.8.1.a requires, in part, the licensee to establish, implement, and maintain procedures covering the activities referenced in Appendix A of Regulatory Guide (RG) 1.33, Revision 2, February 1978. Appendix A of RG 1.33, Section 7.e (2), specifies written Radiation Protection procedures to be established for limiting personnel exposure including procedures for the conduct of radiation surveys.
Licensee Health Physics Procedure (HPP)-20, Area Radiation and Contamination Surveys, Revision 28, requires routine periodic radiation and contamination surveys to be performed on a schedule as specified in Procedure HPP-4. Section 6.1 of HPP 20 provides guidance to Radiation Protection Technician (RPT) staff entering, conducting, and documenting routine surveys. Further HPP-4, Scheduling of Health Physics Activities, Section 6.1, specifies that the person responsible for completing the survey is to ensure that the activities have been completed and documented.
Contrary to the above, between July 1, 2008, and September 30, 2009, the licensee identified 16 routine Radiologically Controlled Area (RCA) survey records that were not based on direct measurements as required by HPP-4 and HPP-20. Specifically, the licensee identified specific instances where two Radiation Protection Technician (RPT)staff failed to conduct direct radiological measurements within specified RCA monitoring locations. Based on licensee review of access records and evaluation of electronic personnel dosimeter (EPD) dose rate data relative to known dose rates within selected survey locations, the licensee identified 16 routine survey activities, 4 by one RPT staff member and 12 by a second RPT, where the individuals did not enter and physically conduct the actual radiological measurements and subsequently falsified the associated survey records. The NRC subsequently conducted an investigation and determined that the actions of the two RPTs were willful. The identified lack of a physical survey and the subsequent resultant falsified records did not result in any unnecessary exposures, or changes to established radiological controls including postings and labels within the subject areas.
The NRC is treating this violation as non-cited violation (NCV) consistent with Section 2.3.2 of the NRC Enforcement Policy: NCV 0500335, 389/201100-01, Failure to conduct and accurately document RCA routine radiological surveys.
4OA6 Meetings, Including Exit
Exit Meeting Summary
On February 9, 2011, Mr. George B. Kuzo, Senior Health Physicist, Plant Support Branch 1 presented the inspection results to Mr. Anderson, Site Vice President and other members of the licensee management, who acknowledged the findings. The inspector noted that proprietary information provided and examined during the inspection would not be included in the report.
SUPPLEMENTAL INFORMATION
KEY POINTS OF CONTACT
Licensee
- R. Anderson, Site Vice President
- C. Martin, Radiation Protection Manager
- E. Katzman, Licensing Manager
NRC
- T. Hoeg, Senior Resident Inspector
LIST OF ITEMS OPENED, CLOSED, AND REVIEWED
Opened and Closed
05000335, 389/2011008-01
NCV Failure to conduct and document
RCA routine radiological surveys.