ML042080450

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E-mail from M. Hamer of Vermont Yankee to Various, Regarding CR-VTY-2004-00406 Reportability
ML042080450
Person / Time
Site: Vermont Yankee File:NorthStar Vermont Yankee icon.png
Issue date: 03/03/2004
From: Hamer M
Vermont Yankee
To: Devincentis J, David Pelton, Pittman B, Beth Sienel, Tynan P
Office of Nuclear Reactor Regulation, Vermont Yankee
References
FOIA/PA-2004-0267
Download: ML042080450 (3)


Text

Sienel, Beth From:* Hamer, Mike Sent: Wednesday, March 03, 2004 3:23 PM To: Devincentis, Jim; Pittman, Bill; Tynan, Patrick; Sienel, Beth; Pelton, David

Subject:

CR-VrY-2004-00406 Reportability This event in not reportable as an LER, see attached PROE. This report has been attached to he CR in PCRS.

PRO-0400406.pdf (103 KB) 1 1

INTEROFFICE MEMORANDUM REGULATORY COMPLIANCE POTENTIALLY REPORTABLE. OCCURRENCE REPORT TO: MIKE DESILETS, TECHNICAL SUPPORT MANAGER FROM: MIKE HAMER, LICENSING TECHNICAL SPECIALIST IIl

SUBJECT:

CR-VTY-2004-00406; OPERATIONS DEPARTMENT PHYSICAL EXAM REQUIREMENTS PROVIDED TO OCCUPATIONAL HEALTH WAS INACCURATE DATE: MARCH 3, 2004 PRO NUMBER: PRO-0400406 EVENT DESCRIPTION:

On 02/25104 with the reactor at full power, Information provided to Occupation. Health concerning the Operations Department's physical examination requirements, (license operator, fire brigade, etc. ), was Inaccurate. The Information provided by the Operations Department to Security/Medical Services was correct however, this Information was modified prior to being transmitted to Occupational Health.

Specifically, some personnel may not have received the appropriate physical examination for their level of qualification.

The following regulation was considered when determining reportability of this event.

Operation or Condition Prohibited by Technical Specifications

§50.73(a)(2)(i)(B) "[The licensee shall report:] Any operation or condition which was prohbaited by the plant's Technical Specifications except when:

(1) The Technical Specification is admin;strative in nature; DISCUSSIONIBASES:

Technical Specification 62.C. states the following:

"Each member of the unit staff shall meet or exceed the minimum qualification of the American national Standards Institute N-18.1-1971, Setection and Training of personnel for Nuclear Power Plants", except fo the radiation protection manager who shall meet the qualification of Regulatory Guide 1.8, Revision 1 (September 1975) and the shift engineer, who shall have a bachelors degree or equivalent in a scientific or engineering discipline with specific training In plant design, and response and analysis of the plant for transients and accidents."

NUREG 1022, Rev. 2 provides guidance for the requirements within the technical specifications (Section 6 of STS or Section 5 of ISTS or its equivalent) that are considered administrative as they pertain to the exception provided within the regulation for reporting an operation or 1

11 I ,

condition prohibited by technical specifications. This guidance states that a Violation of a technical specification that Is administrative In nature Is not reportable".

§55.21 "Medical Examination", states the following:

An applicant for a license shall have a medical examination by a physician. A licensee shall have a medical examination by a physician every two years. The physician shall determine that the applicant or licensee meets the requirements of §55.33(a)(1).

§55.33 DISPOSITION Oi AN IN)TIALAPPLICATION.

(a) Requirements for the approvalof an Initialapplication.The Commission WI] approve an initial application for a license pursuant to the regulations In this part, if it finds that -

(1) Health. The applicant's 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. The Commission will base Its finding upon the certification by the facility licensee as detailed in §55.23.

At the time of discovery of this condition, no situation existed where a licensed operator, qualified in accordance with the station's procedures to assume licensed activities, had a medial condition that could have prevented or hindered their ability to meet the requirements and responsibilities of their assigned activities.

CONCLUSION: This condition Is not reportable as an LER pursuant to §50.73(a)(2)(i)(B) as provided In exception (1) of the regulation.

%,T- / 3 3 06 RECOMMENDED:

Michael J. Hamer Date Licensing Technical Specialist IlIl APPROVED:

ichael P. esilets Da Technical Support Manager 2