ML021500337
| ML021500337 | |
| Person / Time | |
|---|---|
| Site: | Cooper  |
| Issue date: | 05/16/2002 |
| From: | Howell A Division of Reactor Safety IV |
| To: | Denise Wilson Nebraska Public Power District (NPPD) |
| References | |
| EA-02-062 4-2001-040 | |
| Download: ML021500337 (8) | |
Text
May 16, 2002 EA-02-062 David L. Wilson, Vice President of Nuclear Energy Nebraska Public Power District P.O. Box 98 Brownville, Nebraska 68321
SUBJECT:
COOPER NUCLEAR STATION - NRC INVESTIGATION REPORT 4-2001-040
Dear Mr. Wilson:
This refers to an investigation conducted by the NRCs Office of Investigations at the Cooper Nuclear Station facility. The purpose of the investigation was to determine whether a shift supervisor deliberately violated Fitness-For-Duty (FFD) program requirements. The enclosed investigation report factual summary presents the results of this investigation.
Based on a review of testimony and documentary evidence that was developed during the investigation, it was determined that the shift supervisor willfully failed to follow FFD procedures.
Based on the results of this investigation, one apparent violation was identified and is being considered for escalated enforcement action in accordance with the "General Statement of Policy and Procedure for NRC Enforcement Actions" (Enforcement Policy), NUREG-1600. The current Enforcement Policy can be reviewed on the NRCs website at www.nrc.gov/what-we-do/regulatory/enforcement.html. The apparent violation occurred during the Spring 2000 refueling outage when the shift supervisor received credible information that the operations supervisor was noted to have a strong odor of alcohol on his breath. Contrary to the requirements of 10 CFR 26.20 and 26.24, and station procedures governing the implementation of your fitness-for-duty program, the supervisor apparently failed to take actions required to detain and isolate the operations supervisor and failed to initiate actions that would require the operations supervisor to undergo for-cause chemical substance testing. Since the NRC has not made a final determination in this matter, no Notice of Violation is being issued for these investigation findings at this time. In addition, please be advised that the characterization of the apparent violation described here may change as a result of further NRC review.
On May 9, 2002, the conclusions of the investigation and the NRC's intention to conduct a predecisional enforcement conference were discussed with you. The conference will take place at the NRC Region IV Office in Arlington, Texas. Please provide a range of acceptable dates for the predecisional enforcement conference within 10 working days of the date of this letter.
The decision to hold a predecisional enforcement conference does not mean that the NRC has determined that a violation has occurred or that enforcement action will be taken. This conference is being held to obtain information to assist the NRC in making an enforcement
Nebraska Public Power District decision. This may include information to determine whether a violation occurred, information to determine the significance of a violation, information related to the identification of a violation, and information related to any corrective actions taken or planned. The conference will provide an opportunity for you to provide your perspective on these matters and any other information that you believe the NRC should take into consideration in making an enforcement decision.
You will be advised by separate correspondence of the results of our deliberations on this matter. No response regarding the apparent violation is required at this time.
In accordance with 10 CFR 2.790 of the NRCs "Rules of Practice," a copy of this letter and its enclosure will be made 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 Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room).
Sincerely,
/RA/ DAP Arthur T. Howell III, Director Division of Reactor Safety Docket No. 50-298 License No. DPR 46
Enclosure:
(1) Investigation Report Factual Summary (Case 4-2001-040)
(2) Predecisional Enforcement Conference Agenda Distribution:
Michael T. Coyle Site Vice President Nebraska Public Power District P.O. Box 98 Brownville, Nebraska 68321 John R. McPhail, General Counsel Nebraska Public Power District P.O. Box 499 Columbus, Nebraska 68602-0499 D. F. Kunsemiller, Risk and Regulatory Affairs Manager Nebraska Public Power District P.O. Box 98 Brownville, Nebraska 68321
Nebraska Public Power District Dr. William D. Leech Manager - Nuclear MidAmerican Energy 907 Walnut Street P.O. Box 657 Des Moines, Iowa 50303-0657 Ron Stoddard Lincoln Electric System 1040 O Street P.O. Box 80869 Lincoln, Nebraska 68501-0869 Michael J. Linder, Director Nebraska Department of Environmental Quality P.O. Box 98922 Lincoln, Nebraska 68509-8922 Chairman Nemaha County Board of Commissioners Nemaha County Courthouse 1824 N Street Auburn, Nebraska 68305 Sue Semerena, Section Administrator Nebraska Health and Human Services System Division of Public Health Assurance Consumer Services Section 301 Centennial Mall, South P.O. Box 95007 Lincoln, Nebraska 68509-5007 Ronald A. Kucera, Deputy Director for Public Policy Department of Natural Resources 205 Jefferson Street Jefferson City, Missouri 65101 Jerry Uhlmann, Director State Emergency Management Agency P.O. Box 116 Jefferson City, Missouri 65101
Nebraska Public Power District Vick L. Cooper, Chief Radiation Control Program, RCP Kansas Department of Health and Environment Bureau of Air and Radiation 1000 SW Jackson, Suite 310 Topeka, Kansas 66612-1366 Daniel K. McGhee Bureau of Radiological Health Iowa Department of Public Health 401 SW 7th Street, Suite D Des Moines, Iowa 50309 William R. Mayben, President and Chief Executive Officer Nebraska Public Power District 1414 15th Street Columbus, Nebraska 68601
Nebraska Public Power District Electronic distribution by RIV:
Regional Administrator (EWM)
DRP Director (KEB)
DRS Director (ATH)
Senior Resident Inspector (MCH2)
Branch Chief, DRP/F (KMK)
Senior Project Engineer, DRP/F (JAC)
Staff Chief, DRP/TSS (PHH)
RITS Coordinator (NBH)
RidsNrrDipmLipb G. F. Sanborn, D:ACES (GFS)
K. D. Smith, RC (KDS1)
F. J. Congel, OE (FJC)
OEMAIL P. Gwynn G. Good H. Freeman J. Armenta M. Fitzgibbon J. Dixon-Herrity, OE D. Powers S:\DRS\OB\Admin\Fitness-for-Duty\Transmittal letter.wpd C:OB C:ACES AD:DRS ATGody/lmb* GSanborn* DAP
/RA/ /RA/ /RA/
05/14/02 05/07/02 05/16/02 OFFICIAL RECORD COPY T=Telephone E=E-mail F=Fax
Enclosure 1 FACTUAL
SUMMARY
OFFICE OF INVESTIGATIONS REPORT 4-2001-040 NRCs Office of Investigations (OI) opened this investigation in September 2001 to determine if a shift supervisor at Nebraska Public Power Districts Cooper Nuclear Station deliberately violated fitness-for-duty requirements during the Spring 2000 refueling outage. At the time of the alleged violation, the shift supervisor was supervising the outage Work Control Center. The investigation focused on whether the shift supervisor deliberately failed to take required actions in response to a verbal report from two station operators of a strong smell of alcohol on the breath of an operations supervisor.
When interviewed by OI, the shift supervisor said he could not recall being informed of a strong smell of alcohol on the breath of an operations supervisor during the Spring 2000 refueling outage. However, he also said, All I can say is that if [name deleted] told me it happened, Im sure it happened because hes a very trustworthy individual and I can believe whatever he tells me.
The shift supervisor told OI he had no recollection of the incident, but that if he had been informed, he would have investigated the situation by approaching the subject of the allegation (i.e., the operations supervisor), provided feedback to the individual who informed him, and informed a specific supervisor. The individual who brought the allegation to the shift supervisors attention said the shift supervisor gave him no feedback on this allegation. The specific supervisor whom the shift supervisor said he would have informed said the shift supervisor did not inform him of a suspected fitness-for-duty issue during the Spring 2000 refueling outage.
The investigation also determined that the shift supervisor had received training in NPPDs fitness-for-duty program on an annual basis. The training records indicated that his most recent training prior to the Spring 2000 refueling outage occurred on May 17, 1999.
The investigation determined that the shift supervisor willfully failed to follow NPPDs fitness-for-duty procedures in response to a verbal report from two station operators of a strong smell of alcohol on the breath of an operations supervisor.
Enclosure 2 CLOSED PREDECISIONAL ENFORCEMENT CONFERENCE AGENDA Conference with Nebraska Public Power District Cooper Nuclear Station Date TBD Arlington, Texas
- 1. INTRODUCTIONS & OPENING REMARKS - Elmo E. Collins, Acting Director, Division of Reactor Safety
- 2. ENFORCEMENT PROCESS - Gary F. Sanborn, Director, Allegation Coordination &
Enforcement Staff
- 3. APPARENT VIOLATIONS & REGULATORY CONCERNS - Anthony T. Gody, Chief, Operations Branch
- 4. LICENSEE PRESENTATION - Cooper Nuclear Station, Representatives
- 5. INDIVIDUAL PRESENTATIONS - (as appropriate)
- 6. NRC CAUCUS (Approximately 15 minutes)
- 7. RESUMPTION OF CONFERENCE
- 8. CLOSING REMARKS - Cooper Nuclear Station, Representatives
- 9. CLOSING REMARKS - Elmo E. Collins, Acting Director, Division of Reactor Safety