OI 3-2002-031, EA-03-208, Firstenergy Nuclear Operating Co, OI 3-2002-031, on 03/12/01 & 03/13/01, for Perry Nuclear Power Plant
| ML033560448 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 12/19/2003 |
| From: | Pederson C Division of Reactor Safety III |
| To: | Kanda W FirstEnergy Nuclear Operating Co |
| References | |
| 3-2002-031, EA-03-208 | |
| Download: ML033560448 (7) | |
Text
December 19, 2003 EA-03-208 Mr. William R. Kanda Vice President - Nuclear, Perry FirstEnergy Nuclear Operating Company P. O. Box 97, A210 10 Center Road Perry, OH 44081
SUBJECT:
OFFICE OF INVESTIGATIONS REPORT NO. 3-2002-031
Dear Mr. Kanda:
This refers to the investigation conducted by the U.S. Nuclear Regulatory Commission (NRC)
Office of Investigations (OI) into an alleged violation of Technical Specification overtime requirement on March 12 and March 13, 2001, at the FirstEnergy Nuclear Operating Companys (FENOC) Perry Nuclear Power Plant. The Office of Investigations concluded that FENOC employees and employees of a FENOC contractor deliberately failed to obtain prior approval for overtime and deliberately falsified information on related time cards. Based on information developed during the OI investigation, an apparent willful violation of Perry Plant Technical Specification 5.2.2.(e), requiring preapproval of overtime to be worked in excess of 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> in a seven day period, was identified and is being considered for escalated enforcement in accordance with the General Statement of Policy and Procedure for NRC Enforcement Actions, (Enforcement Policy), NUREG-1600. The current Enforcement Policy is included at www.nrc.gov; select What We Do, Enforcement, then Enforcement Policy. The synopsis from the OI report and a summary of the investigation are enclosed.
Briefly, on or about March 12, 2001, contract technicians, responsible for testing motor operated valves (MOVs) at the Perry Nuclear Power Plant discussed a plan to work on their regularly scheduled day off and charge the hours worked on that day towards days later in the week. At least one technician mentioned this plan during a regular shift turnover. That meeting was attended by at least three FENOC supervisors associated with the MOV testing program.
A comment about creative timekeeping, was attributed to at least one technician. Another worker reminded those attending the turnover meeting that regardless of the number of hours the technicians planned to work, plant procedures limited them to a maximum number of hours in a given period of time. Following this reminder, none of the supervisors asked the technician about his comment regarding creative timekeeping, sought preapproval of the overtime required by Technical Specification, or otherwise followed-up on the issue. As a result, the technicians worked in excess of 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> in a seven day period without a preapproved overtime deviation with one technician working 108 hours0.00125 days <br />0.03 hours <br />1.785714e-4 weeks <br />4.1094e-5 months <br /> in a nine day period and the other working 120 hours0.00139 days <br />0.0333 hours <br />1.984127e-4 weeks <br />4.566e-5 months <br /> in a 10 day period. However, the time cards for the technicians were written in a manner that indicated they did not work in excess of 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> in a seven day period.
W. Kanda The NRC recognizes that FENOC identified and corrected the apparent violation; nevertheless, the NRC believes that a Predecisional Enforcement Conference (PEC) is necessary to discuss the apparent willful aspect associated with the potential violation. The NRC staff has been in contact with Mr. Vern Higaki to schedule a PEC. At the PEC, FENOC is requested to address the apparent willful violation of Technical Specification 5.2.2.e and the apparent falsification of the time cards for the workers. The PEC will be transcribed, held in the NRC Region III office, Lisle, Illinois, and closed to public observation. The conference is scheduled for 9:00 a.m.(CST),
on February 4, 2004.
We believe it is important for certain members of your staff, who were involved in the issue, to attend the PEC. The requested individuals were specified during the telephone conversations with your staff.
The NRC is not issuing a Notice of Violation at this time; you will be advised by separate correspondence of the results of our deliberations on this matter. Also, please be advised that the number and characterization of the apparent violation may change as a result of further NRC review.
The decision to hold a 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 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. In addition, the conference is an opportunity for FENOC to provide perspectives on: (1) the severity of any apparent violation; (2) the application of the factors that the NRC considers when it determines the amount of a civil penalty that may be assessed in accordance with Section VI.B.2 of the Enforcement Policy; and (3) any other application of the Enforcement Policy to this case, including the exercise of enforcement discretion in accordance with Section VII. The conference will give you the opportunity 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, including any misunderstanding of the facts as presented.
If you have any questions, please contact David Hills, Chief, Mechanical Engineering Branch, at (630) 829-9733.
W. Kanda In accordance with 10 CFR 2.790 of the NRCs "Rules of Practice," a copy of this letter, without the Enclosure 2, will be made available electronically for public inspection in the NRC Public Document Room or from the NRCs document system (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.
Sincerely,
/RA/
Cynthia D. Pederson, Director Division of Reactor Safety Docket No. 50-440 License No. NPF-58
Enclosures:
- 1. Synopsis from OI Report
- 2. Summary of OI Report EXEMPT FROM DISCLOSURE cc w/encls 1 & 2:
G. Leidich, President - FENOC V. Higaki, Manager, Regulatory Affairs cc with encl. 1 only K. Cimorelli, Acting Director, Maintenance Department J. Messina, Director, Nuclear Services Department T. Lentz, Director, Nuclear Engineering Department T. Rausch, Plant Manager, Nuclear Power Plant Department Public Utilities Commission of Ohio Ohio State Liaison Officer R. Owen, Ohio Department of Health
1 Approval to release information from OI Report of Investigation 2 HQ concurrence received on 12/15/03, from Jennifer Dixon-Herrity, OE.
W. Kanda In accordance with 10 CFR 2.790 of the NRCs "Rules of Practice," a copy of this letter, without the Enclosure 2, will be made available electronically for public inspection in the NRC Public Document Room or from the NRCs document system (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.
Sincerely,
/RA/
Cynthia D. Pederson, Director Division of Reactor Safety Docket No. 50-440 License No. NPF-58
Enclosures:
- 1. Synopsis from OI Report
- 2. Summary of OI Report EXEMPT FROM DISCLOSURE cc w/encls 1 & 2:
G. Leidich, President - FENOC V. Higaki, Manager, Regulatory Affairs cc with encl. 1 only K. Cimorelli, Acting Director, Maintenance Department J. Messina, Director, Nuclear Services Department T. Lentz, Director, Nuclear Engineering Department T. Rausch, Plant Manager, Nuclear Power Plant Department Public Utilities Commission of Ohio Ohio State Liaison Officer R. Owen, Ohio Department of Health DOCUMENT NAME: ML033560448.wpd
- See Previous Concurrence To receive a copy of this document, indicate in the box: "C" = Copy w/o att/encl "E" = Copy w/att/encl "N" = No copy OFFICE RIII RIII OI:RIII1 D:OE2 NAME
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- JHeller for FCongel DATE 12/18/03 12/18/03 12/18/03 12/18/03 OFFICE RIII RIII NAME
- JHeller for BClayton CPederson DATE 12/18/03 12/19/03 OFFICIAL RECORD COPY
W. Kanda ADAMS Distribution WITH ENCLOSURE 1 ONLY:
ADAMS PARS SECY CA OPA OE:WEB WDR DFT JGL1 RidsNrrDipmIipb JFL C. Ariano (hard copy)
DISTRIBUTION WITH ENCLOSURES 1 & 2 ENCLOSURE 2 IS NOT FOR PUBLIC DISCLOSURE WITHOUT THE APPROVAL OF DIRECTOR, OFFICE OF ENFORCEMENT WTravers, EDO SCollins, DEDR FCongel, OE JDyer, NRR DDambly, OGC HBell, OIG GCaputo, OI GGrant, RIII CPederson, RIII SReynolds, RIII RCaniano, RIII PHiland, RIII JCreed, RIII DHills, RIII ADunlop, RIII CWeil, RIII MRing, RIII JDixon-Herrity, OE SCole, OGC RPaul, OI:RIII WFranz, OI:RIII RFranovich, NRR OE:ES OE:EA (2)
OE:MAIL RAO:RIII OAC:RIII SRI, Perry DRPIII DRSIII PLB1 JRK1 SYNOPSIS This investigation was initiated on October 23, 2002, by the U.S. Nuclear Regulatory Commission, Office of Investigations, Region III, to determine whether Atlantic Group (AG) contractors and/or Perry Nuclear Power Station (Perry) supervisors deliberately violated technical specification requirements regarding overtime and deliberately falsified overtime records in violation of 10 CFR 50.5, 10 CFR 50.9 and Perry Technical Specification 5.2.2.e.
Based upon the evidence developed, this investigation did substantiate that AG contractors and Perry supervisors deliberately violated overtime technical specification requirements regarding overtime and deliberately falsified overtime records.
Case No. 3-2002-031