LIC-15-0027, Reply to a Notice of Violation (EA-15-020)

Reply to a Notice of Violation (EA-15-020)

ML15113B248
Person / Time
Site:	Fort Calhoun
Issue date:	04/23/2015
From:	Cortopassi L Omaha Public Power District
To:	Document Control Desk, NRC Region 4
References
LIC-15-0027 EA-15-020
Download: ML15113B248 (3)

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UliliU Omaha Pub/It: PoWBr Dlsllfd 444 South 16'11 Street Mall Omaha, NE 68102-2247 10 CFR 2.201 LI C-15-0027 April 23, 2015 U.S. Nuclear Regulatory Commission Attn: Document Control Desk Washington, DC 20555-0001 Fort Calhoun Station, Unit No. 1 Renewed Facility Operating License No. DPR-40 NRC Docket No. 50-285

Subject:

Reply to a Notice of Violation (EA-15-020)

Reference:

Letter from NRC (V. G. Gaddy) to OPPD (L. P. Cortopassi,}, "Fort Calhoun Station - NRC Licensed Operator Requalification Inspection 05000285/2015010 and Notice of Violation, dated March 30, 2015 (NRC-15-022)

On March 30, 2015, the Nuclear Regulatory Commission (NRC) transmitted "Fort Calhoun Station

- NRC Licensed Operator Requalification Inspection 05000285/201501 O and Notice of Violation,

(EA-15-020) (Reference). Pursuant to 10 CFR 2.201, OPPD acknowledges the violation and a response to this NOV is provided in the attachment to this letter.

No commitments are being made in this letter. If you should have any questions, please contact Terrence W. Simpkin, Manager, Site Regulatory Assurance, at (402) 533-6263.

LPC/epm Attachment c: M. L. Dapas, NRC Regional Administrator, Region IV C. F. Lyon, NRC Senior Project Manager S.M. Schneider, NRC Senior Resident Inspector Employment with Equal Opportunity

U.S. Nuclear Regulatory Commission LI C-15-0027 Attachment Page 2 NOTICE OF VIOLATION Omaha Public Power District Docket No: 50-285 Fort Calhoun Station License No: DPR-40 EA-15-020 During an NRC inspection completed on March 5, 2015, a violation of NRC requirements was identified. In accordance with the NRC Enforcement Policy, the violation is listed below:

Title 10 of the Code of Federal Regulations (10 CFR) 50.9 requires, in part, that information provided to the Commission by an applicant for a license or by a licensee or information required by statue or by the Commission's regulations, orders, or license conditions to be maintained by the applicant or the licensee shall be complete and accurate in all material respects.

Title 10 of the Code of Federal Regulations 55.21 requires, in part, that an applicant for a license shall have a medical examination by a physician and the licensee shall have a medical examination by a physician every two years. The physician shall determine that the applicant or licensee meets requirements of Section 55.33(a)(1 ).

Title 1O of the Code of Federal Regulations 55.33(a)(1) requires, in part, that applicants' medical condition and general health will not adversely affect the performance of assigned operator job duties or cause operational errors endangering public health and safety.

Title 10 of the Code of Federal Regulations 55.23 requires, in part, that to certify the medical fitness of the applicant, an authorized representative of the facility licensee shall complete and sign NRC Form 396, "Certification of Medical Examination by Facility Licensee."

Nuclear Regulatory Commission Form 396, when signed by an authorized representative of the facility licensee, certifies that a physician conducted a medical examination of the applicant and that the guidance contained in American National Standards Institute/American Nuclear Society (ANSI/ANS)

Standard 3.4-1996, "Medical Certification and Monitoring of Personnel Requiring Operator Licenses for Nuclear Power Plants," was followed in conducting the examination and making the determination of medical qualification.

American National Institute/American Nuclear Society Standard 3.4-1996, Section 5.3, provides specific minimum capacities required for medical qualifications. Section 5.3.1 requires, in part, "ability to detect marker gases and products of combustion by provocation testing."

Contrary to the above, prior to April 3, 2014, the facility licensee provided information to the NRC that was not complete and accurate in all material respects. Specifically, the facility licensee had not completed medical examinations of licensed operators in accordance with ANSI/ANS Standard 3.4-1996. The licensee submitted numerous NRC Forms 396 for renewal of senior reactor operator and reactor operator licenses, and for initial license applicants, that certified that the applicants met the medical requirements of ANSI/ANS Standard 3.4-1996 when, in fact, olfactory (combustion product odor) testing had not been conducted.

This violation is a Severity Level IV violation (Section 6.4).

U.S. Nuclear Regulatory Commission LIC-15-0027 Attachment Page 3 (1) Reason for the violation.

The cause of the violation was determined to be a lack of institutional controls for the conduct and reviews of NRC physical requirements. Fort Calhoun Station (FCS) is committed to ANSI/ANS 3.4-1996, "Medical Certification and Monitoring of Personnel Requiring Operator Licenses for Nuclear Power Plants."

Requirements and responsibilities for the maintenance of NRC license operator physical records have historically been spread across several station departments (Operations, Training, Security and Regulatory Assurance) and with the stations contracted occupational health medical facility. This lack of clear ownership combined with an inadequate understanding of the requirements of ANSI/ANS 3.4-1996 resulted in occupational health testing contractors and FCS personnel not being aware that olfactory testing had to include the products of combustion marker gas.

(2) Corrective steps that have been taken and the results achieved.

Station personnel performed the required olfactory testing specifically for products of combustion smell on all current NRC license holders. Results of these tests indicated that all NRC license holders tested met ANSI/ANS 3.4-1996 relative to olfactory requirements. Testing results are documented in station records.

FCS has implemented the Exelon Fleet procedure, OP-AA-105-101, "Administrative Process for NRC License and Medical Requirements," to improve program institutional control. The procedure was issued at the station on December 11, 2014.

FCS conducted ANSI/ANS 3.4-1996 training for responsible site, Omaha Public Power District (OPPD) corporate and Occupational Health Lab personnel, including the Medical Review Officer for FCS on September 3, 2014. The training was conducted by Exelon Corporate staff and supported by FCS personnel.

(3) Corrective steps that will be taken to avoid further violations.

All corrective action steps have been completed.

(4) Date when full compliance will be achieved.

FCS is currently in full compliance.