IR 05000341/1999013

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Discusses Insp Rept 50-341/99-13 & OI Rept 3-98-039 Conducted Into Potential Misconduct of Operator Formerly Employed by De.Nrc Determined That Violation of NRC Regulations Occurred.Synopsis of IO Rept Encl
ML20211E895
Person / Time
Site: Fermi DTE Energy icon.png
Issue date: 08/19/1999
From: Grobe J
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To: Gipson D
DETROIT EDISON CO.
References
50-341-99-13, EA-99-165, NUDOCS 9908300163
Download: ML20211E895 (5)


Text

August 19, 1999

SUBJECT:

NRC SPECIAL INSPECTION REPORT 50-341/99013(DRS) AND OFFICE OF INVESTIGATIONS REPORT NO. 3-98-039

Dear Mr. Gipson:

The Nuclear Regulatory Commission (NRC) Office of Investigations (01) conducted an investigation into the potential misconduct of an operator formerly employed by the Detroit Edison Company. A synopsis of the Ol report is enclosed. Based on a review of the Ol report and an investigation report prepared by Fermi nuclear power plant personnel, the NRC has determined that during the midnight shift of September 20,1998, an operator at the Fermi 2 facility deliberately falsified equipment surveillance log entries. The NRC took enforcement action against the individual. An inspection report number was assigned only for NRC tracking purposes; an inspection report is not enclosed. This issue was discussed with Mr. Paul Fessler,

Fermi 2 Plant Manager, during an exit telephone corsference on July 30,1999.

The NRC has determined that a violation of NRC regulations occurred. Fermi 2 Technical Specification 6.8.1 requires that written procedures shall be established, implemented and maintained covering various plant activities, including surveillance activities and fire protection program activities. Plant Technical Procedure-Fermi 2 Surveillance Procedure 24.000.03,

" Mode 5 Shiftly, Daily and Weekly Surveillances," had been established and met, in part, the

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requirements of Technical Specification 6.8.1. Surveillance procedure 24.000.03, step 6.1.4 requires the operator to record data, as required, and if the surveillance item is satisfactory, D

initial the log. Contrary to the above, a plant operator initiated equipment surveillance logs without determining that the surveillance items were satisfactory. Specifically, the operator logged as completed two fire door checks that he did not perform (a fire door into the Division 2 battery charger area and a fire door from the reactor building closed cooling water system area).

Additionally, the investigation report prepared by Fermi 2 personnel concluded that the operator completed other log entries for activities that he could not have possibly completed given the i

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J j amount of time he was in a particular area of the plant. These log entries were associated with checks on the standby liquid control system, a reactor coolant conductivity recorder, a pressure regulator to a floodup indicator, the reactor to drywell bellows seal, and a fire door to the control air compressor area. These facts were determined by a review of vital area security card reader

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records.

Although this violation is willful, the violation: (1)was identified by members of the plant staff I

and entered into the station's corrective action program (condition assessment resolution document No. 99-17758); (2) was promptly reported to the NRC; (3) appeared to be an isolated act of a licensed operator performing non-licensed operator duties; (4) did not appear to be caused by a lack of management oversight; (5) could not reasonably be expected to have been prevented by the plant staff's corrective action for a previous violation; (6) was corrected within a reasonable time and significant remedial actions were implemented; and (7) was used as a case study to demonstrate the seriousness of misconduct to other employees. Therefore, after consultation with the Regional Administrator and the Director of the Office of Enforcement, this licensee-identified and corrected violation is being treated as a Non-Cited Violation, consistent with the exercise of enforcement discretion per Section Vll.B.1 of the NRC Enforcement Policy (NCV 50-341/99013-01).

As a result of this incident, the NRC is concerned with the Fermi Station's employee behavior observation program. Apparently the plant operator who falsified the equipment logs had been exhibiting indications of behavior changes for a few months. These included an increase in his use of time off for illness, indications of excessive fatigue while at work, and indications that the operator was typically not feeling well while at work. It is important that facilities such as Fermi 2 effectively monitor their employee's behavior, such that incidents like the one described herein are prevented. The NRC will closely monitor employee behavior and the behavior observation program during future inspection activities at Fermi 2.

No response to this letter is required. The NRC has concluded that information regarding the reason for the violation and the corrective actions taken to correct the violation and prevent recurrence are already addressed in the 01 report and the investigation report prepared by Fermi 2 personnel. If you contest this Non-Cited Violation or its severity level, you should provide a response within 30 days of the date of this letter, with the basis for your denial, to the Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington DC 20555-0001, with copies to the Regional Administrator, Region 111, and the Director, Office of Enforcement, United States Nuclear Regulatory Commission, Washington, DC 20555-0001.

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J' in accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter and your response will be placed in the NRC Public Document Room.

We will gladly discuss any questions you have conceming this matter.

Sincerely, Original /s/ J. A. Grobe John A. Grobe, Director Division of Reactor Safety Docket No. 50-341 License No. NPF-43 Enclosure:

Synopsis of 01 Report 3-98-039 cc w/ encl:

N. Peterson, Director, Nuclear Licensing P. Marquardt, Corporate Legal Department R. Gastco, Compliance Supervisor R. Whale, Michigan Public Service Commission Michigan Department of Environmental Quality Monroe County, Emergency Management Division

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SYNOPSIS OF OFFICE OF INVESTIGATIONS REPORT NO. 3-98-039 This investigation was initiated on October 21,1998, by the U.S. Nuclear Regulatory

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Commission, Office of Investigations, Region lil, to determine if a licensed operator at the Fermi Power Plant deliberately falsified equipment surveillance logs.

Based upon the evidence developed during this investigation, it is enneluded that the licensed operator deliberately falsified equipment surveillance logs, i

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