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Category:Enforcement Action
MONTHYEARIR 05000410/20100082010-12-28028 December 2010 NMP NRC Investigation Report 1-2010-033 and NRC IR 05000410-10-008 IR 05000220/20060112007-03-13013 March 2007 EA-07-007, Nine Mile Point - Final Significance Determination for a White Finding and Notice of Violation (NRC Inspection Report 05000220/2006011; 05000410/2006-011) ML0704402312007-02-13013 February 2007 IR 05000220-06-011, 05000410-06-011; 10/16/06 - 1/09/07; Nine Mile Point, Units 1 and 2; Licensed Operator Requalification Program, Inspection Procedure Attachment 71111.11 ML0523002652005-08-18018 August 2005 EA-05-025, Nine Mile Point Nuclear Station, Notice of Violation NRC Office of Investigations Report No. 1-2004-005 2010-12-28
[Table view] Category:Letter
MONTHYEARNMP1L3570, Supplemental Information Letter - Revision to the Technical Specifications Design Features Sections to Remove the Nine Mile 3 Nuclear Project, LLC, Designation2024-02-0101 February 2024 Supplemental Information Letter - Revision to the Technical Specifications Design Features Sections to Remove the Nine Mile 3 Nuclear Project, LLC, Designation IR 05000220/20230042024-02-0101 February 2024 Integrated Inspection Report 05000220/2023004 and 05000410/2023004 NMP1L3569, CFR 50.46 Annual Report2024-01-26026 January 2024 CFR 50.46 Annual Report ML24004A2122024-01-0808 January 2024 Senior Reactor and Reactor Operator Initial License Examinations ML23354A0012024-01-0404 January 2024 Exemption from Select Requirements of 10 CFR Part 73 (EPID L-2023-LLE-0059 (Security Notifications, Reports, and Recordkeeping and Suspicious Activity Reporting)) ML23278A1292023-12-14014 December 2023 Units 1 & 2; Limerick, Units 1 & 2; Nine Mile Point, Units 1 & 2; and Peach Bottom, Units 2 & 3 -Revision to Approved Alternatives to Use Boiling Water Reactor Vessel and Internals Project Guidelines NMP1L3566, Radiological Emergency Plan Document Revision. Includes EP-AA-1013, Revision 10, Radiological Emergency Plan Annex for Nine Mile Point Station2023-12-14014 December 2023 Radiological Emergency Plan Document Revision. Includes EP-AA-1013, Revision 10, Radiological Emergency Plan Annex for Nine Mile Point Station IR 05000410/20243012023-12-14014 December 2023 Initial Operator Licensing Examination Report 05000410/2024301 ML23305A1402023-12-13013 December 2023 Units 1 & 2; Nine Mile Point, Unit 2; Peach Bottom, Units 2 & 3; and Quad Cities, Units 1 and 2 - Issuance of Amendments to Adopt Traveler TSTF-580 NMP1L3564, Supplemental Response to Part 73 Exemption Request - Withdrawal of Request for Exemption from 10 CFR 73, Subpart B, Preemption Authority Requirements2023-12-0707 December 2023 Supplemental Response to Part 73 Exemption Request - Withdrawal of Request for Exemption from 10 CFR 73, Subpart B, Preemption Authority Requirements ML23291A4642023-12-0707 December 2023 Issuance of Amendment No. 251 Regarding the Adoption of Title 10 the Code of Federal Regulations Section 50.69, Risk-Informed Categorization and Treatment of SSC for Nuclear Power Plants ML23289A0122023-12-0606 December 2023 Issuance of Amendment No. 250 Regarding the Revision to Technical Specifications to Adopt TSTF-505, Revision 2, Provide Risk-Informed Extended Completion Times - RITSTF Initiative 4b NMP1L3563, Submittal of Relief Request I5R-12, Revision 0, Concerning the Installation of a Full Structural Weld Overlay on Reactor Pressure Vessel Recirculation Inlet Nozzle N2E Safe End-to-Nozzle Dissimilar Metal Weld (32-WD-208)2023-12-0404 December 2023 Submittal of Relief Request I5R-12, Revision 0, Concerning the Installation of a Full Structural Weld Overlay on Reactor Pressure Vessel Recirculation Inlet Nozzle N2E Safe End-to-Nozzle Dissimilar Metal Weld (32-WD-208) IR 05000220/20234022023-11-28028 November 2023 Security Baseline Inspection Report 05000220/2023402 and 05000410/2023402 NMP1L3557, Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation2023-11-22022 November 2023 Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation ML23317A1192023-11-10010 November 2023 Constellation Energy Generation, LLC - 2023 Annual Report - Guarantees of Payment of Deferred Premiums IR 05000220/20234202023-11-0101 November 2023 Security Baseline Inspection Report 05000220/2023420 and 05000410/2023420 ML23305A0052023-11-0101 November 2023 Operator Licensing Examination Approval IR 05000220/20230032023-10-25025 October 2023 Integrated Inspection Report 05000220/2023003 and 05000410/2023003 IR 05000220/20235012023-10-17017 October 2023 Emergency Preparedness Biennial Exercise Inspection Report 05000220/2023501 and 05000410/2023501 IR 05000220/20230112023-10-16016 October 2023 Comprehensive Engineering Team Inspection Report 05000220/2023011 and 05000410/2023011 RS-23-097, Constellation Energy Generation, LLC, Advisement of Leadership Changes and Submittal of Updated Standard Practice Procedures Plans2023-10-12012 October 2023 Constellation Energy Generation, LLC, Advisement of Leadership Changes and Submittal of Updated Standard Practice Procedures Plans NMP1L3554, Submittal of Revision 28 to the Final Safety Analysis Report (Updated), Fire Protection Design Criteria Document, 10CFR50.59 Evaluation Summary Report, 10CFR54.37(b) Aging Management Review, and Technical Specifications with Revised Bases2023-10-0606 October 2023 Submittal of Revision 28 to the Final Safety Analysis Report (Updated), Fire Protection Design Criteria Document, 10CFR50.59 Evaluation Summary Report, 10CFR54.37(b) Aging Management Review, and Technical Specifications with Revised Bases C IR 05000220/20233032023-09-20020 September 2023 Retake Operator Licensing Examination Report 05000220/2023303 ML23250A0822023-09-19019 September 2023 Regulatory Audit Summary Regarding LARs to Adopt TSTF-505, Rev. 2, and 10 CFR 50.69 ML23257A1732023-09-14014 September 2023 Requalification Program Inspection IR 05000220/20230052023-08-31031 August 2023 Updated Inspection Plan for Nine Mile Point Nuclear Station, Units 1 and 2 (Report 05000220/2023005 and 05000410/2023005) RS-23-080, Constellation Energy Generation, LLC, Application to Revise Technical Specifications to Adopt TSTF-264-A, Revision 0, 3.3.9 and 3.3.10 - Delete Flux Monitors Specific Overlap Requirement SRs2023-08-30030 August 2023 Constellation Energy Generation, LLC, Application to Revise Technical Specifications to Adopt TSTF-264-A, Revision 0, 3.3.9 and 3.3.10 - Delete Flux Monitors Specific Overlap Requirement SRs NMP2L2851, Relief Request Associated with Successive Inspections for Generic Letter 88-01 / BWRVIP-75-A Augmented Examinations2023-08-25025 August 2023 Relief Request Associated with Successive Inspections for Generic Letter 88-01 / BWRVIP-75-A Augmented Examinations ML23151A3472023-08-21021 August 2023 Issuance of Amendments to Adopt TSTF-295-A, Modify Note 2 to Actions of PAM Table to Allow Separate Condition Entry for Each Penetration NMP1L3534, License Amendment Request - Revision to the Technical Specifications Design Features Sections to Remove the Nine Mile 3 Nuclear Project, LLC, Designation2023-08-18018 August 2023 License Amendment Request - Revision to the Technical Specifications Design Features Sections to Remove the Nine Mile 3 Nuclear Project, LLC, Designation ML23220A0262023-08-0808 August 2023 Licensed Operator Positive Fitness-for-Duty Test IR 05000220/20234012023-08-0808 August 2023 Cyber Security Inspection Report 05000220/2023401 and 05000410/2023401 (Cover Letter Only) NMP1L3545, Supplemental Information Letter to Adopt TSTF-505, Provide Risk- Informed Extended Completion Times - RITSTF Initiative 4b, Revision 2 and 10 CFR 50.69, Risk-informed Categorization and Treatment of Structures, Systems .2023-08-0404 August 2023 Supplemental Information Letter to Adopt TSTF-505, Provide Risk- Informed Extended Completion Times - RITSTF Initiative 4b, Revision 2 and 10 CFR 50.69, Risk-informed Categorization and Treatment of Structures, Systems . RS-23-087, Revision to Approved Alternatives Associated with the Use of the BWRVIP Guidelines in Lieu of Specific ASME Code Requirements on Reactor2023-08-0404 August 2023 Revision to Approved Alternatives Associated with the Use of the BWRVIP Guidelines in Lieu of Specific ASME Code Requirements on Reactor IR 05000220/20230022023-08-0101 August 2023 Integrated Inspection Report 05000220/2023002 and 05000410/2023002 ML23207A0762023-07-14014 July 2023 EN 56557 - Update to Part 21 Report Re Potential Defect with Trane External Auto/Stop Emergency Stop Relay Card Pn: XI2650728-06 NMP1L3544, Fifth Inservice Inspection Interval, First Inservice Inspection Period 2023 Owner'S Activity Report for RFO-27 Inservice Examinations2023-07-14014 July 2023 Fifth Inservice Inspection Interval, First Inservice Inspection Period 2023 Owner'S Activity Report for RFO-27 Inservice Examinations ML23186A1642023-07-0606 July 2023 Operator Licensing Retake Examination Approval NMP2L2846, Nine Mire Point Nuclear Station, Units 1 and 2, General License 30-day Cask Registration Notifications2023-07-0505 July 2023 Nine Mire Point Nuclear Station, Units 1 and 2, General License 30-day Cask Registration Notifications ML23192A0622023-06-30030 June 2023 Engine Systems, Inc., 10CFR21 Reporting of Defects and Non-Compliance, Report No. 10CFR21-0136, Rev. 0 IR 05000220/20230102023-06-29029 June 2023 Biennial Problem Identification and Resolution Inspection Report 05000220/2023010 and 05000410/2023010 ML23131A4242023-06-23023 June 2023 Issuance of Amendment No. 249 Regarding the Revision to Technical Specification 3.3.1 to Adopt Technical Specifications Task Force Traveler TSTF-568 RS-23-077, Response to NRC Regulatory Issue Summary 2023-01, Preparation and Scheduling of Operator Licensing Examinations2023-06-16016 June 2023 Response to NRC Regulatory Issue Summary 2023-01, Preparation and Scheduling of Operator Licensing Examinations NMP1L3539, Day Commitment Response - Relief Request I5R-11 Concerning the Installation of a Weld Overlay on Reactor Pressure Vessel Recirculation Inlet Nozzle N2E Safe End-to-Nozzle Dissimilar Metal Weld (32-WD-208)2023-06-0909 June 2023 Day Commitment Response - Relief Request I5R-11 Concerning the Installation of a Weld Overlay on Reactor Pressure Vessel Recirculation Inlet Nozzle N2E Safe End-to-Nozzle Dissimilar Metal Weld (32-WD-208) ML23159A0052023-06-0505 June 2023 56557-EN 56557 - Paragon - Redlined RS-23-042, Application to Revise Technical Specifications to Adopt TSTF-580, Provide Exception from Entering Mode 4 with No Operable RHR Shutdown Cooling2023-05-25025 May 2023 Application to Revise Technical Specifications to Adopt TSTF-580, Provide Exception from Entering Mode 4 with No Operable RHR Shutdown Cooling IR 05000410/20233022023-05-15015 May 2023 Initial Operator Licensing Examination Report 05000410/2023302 2024-02-01
[Table view] Category:Notice of Violation
MONTHYEARIR 05000220/20150082015-04-10010 April 2015 Notice of Violation - Severity Level III Problem - NRC IR 05000220/2015008 and 05000410/2015008 IR 05000317/20120082012-11-0101 November 2012 Notice of Violation - Constellation Energy Nuclear Group MEMO ML12213A1822012-11-0101 November 2012 Notice of Violation - Constellation Energy Nuclear Group Memo IR 05000220/20120082012-11-0101 November 2012 Notice of Violation - Constellation Energy Nuclear Group MEMO IR 05000244/20120072012-11-0101 November 2012 Notice of Violation - Constellation Energy Nuclear Group MEMO IR 05000220/20100092011-03-24024 March 2011 IR 05000220-10-009 and Investigation Report 1-2010-026 ML0907608932009-03-16016 March 2009 Notice of Violation - NRC Investigation Report No. 1-2008-018 IR 05000220/20060112007-03-13013 March 2007 EA-07-007, Nine Mile Point - Final Significance Determination for a White Finding and Notice of Violation (NRC Inspection Report 05000220/2006011; 05000410/2006-011) ML0532001892005-11-16016 November 2005 IA-05-062, Restani, Notice of Violation and Expiration of License ML0523003592005-08-18018 August 2005 IA-05-007, Notice of Violation and Confirmatory Order (Effective Immediately) (NRC Office of Investigations Report No. 1-2004-005) ML0523002652005-08-18018 August 2005 EA-05-025, Nine Mile Point Nuclear Station, Notice of Violation NRC Office of Investigations Report No. 1-2004-005 IR 05000220/20030032003-05-23023 May 2003 EA-03-053, Nine Mile Point, Notice of Violation and White Finding for IR 05000220-03-003 ML18018B0742000-03-27027 March 2000 ADAMS Distribution Notification ML18018B0771997-12-29029 December 1997 Letter Replying to Notice of Violation as Contained in NRC Inspection Report 50-220/97-07 and 50-410/97-07 ML18018B0781997-10-15015 October 1997 Letter Replying to Notice of Violation Contained in NRC Inspection Report 97-06, Dated September 15, 1997 ML18018B0921991-01-0202 January 1991 Letter Enclosing a Response to the Notice of Violation Contained in Inspection Report 50-410/90-09 Dated December 4, 1990 2015-04-10
[Table view] |
Text
August 18, 2005 EA-05-025 Mr. James A. Spina Vice President Nine Mile Point Nine Mile Point Nuclear Station, LLC P.O. Box 63 Lycoming, NY 13093
SUBJECT:
NOTICE OF VIOLATION NRC Office of Investigations Report No. 1-2004-005 (Nine Mile Point Nuclear Station)
Dear Mr. Spina:
Following the receipt of information in January 2004, the NRC's Office of Investigations (OI),
Region I, initiated an investigation on February 3, 2004, to determine whether employees of Nine Mile Point Nuclear Station (Nine Mile Point) deliberately violated conditions of the Nine Mile Point Unit 2 license by compromising an unannounced fire drill in June 2000. Based on the evidence developed during its investigation, OI substantiated that a Fire Protection Supervisor deliberately violated conditions of the Unit 2 license by compromising an unannounced fire drill in June 2000. The basis for OIs conclusion was previously provided to you in a factual summary of the OI investigation enclosed with our letter dated March 18, 2005.
In a letter dated July 13, 2005, you provided an unsolicited response to our March 18, 2005, letter in order to describe actions that Nine Mile Point has taken, and plans to take, in response to the OI finding.
The actions of the former fire protection supervisor were contrary to 10 CFR Part 50, Appendix R, which requires persons planning and authorizing an unannounced fire drill to ensure that the responding shift fire brigade members are not aware that a fire drill is being planned until it is begun. This failure to meet a regulatory requirement had more than minor significance because virtually the full details of the fire drill were compromised. In accordance with the NRC Enforcement Policy, Supplement I - Reactor Operations, Example D.3, the NRC has categorized the violation at Severity Level IV because it was a failure to meet a regulatory requirement that had more than minor safety significance.
Given the deliberate nature of this violation by a first line supervisor, the NRC considered exercising discretion to increase the severity level of the violation in accordance with the NRC Enforcement Policy,Section IV.A.4. However, the NRC decided that Severity Level IV was the appropriate classification in this case based on the following factors: (1) the safety consequence of the misconduct was limited since the fire drill was never conducted and, therefore, never counted as an unannounced fire drill; (2) there were no other supervisors involved in this incident; (3) the compromise appeared to be an isolated incident; and (4) the former fire protection supervisor accepted responsibility for his actions. The NRC also considered whether a non-cited violation was appropriate in this case. However, issuance of a
Mr. James A. Spina 2 non-cited violation was not appropriate because the violation was willful, identified by the NRC, and involved the actions of a first line supervisor.
The NRC has concluded that information regarding the reason for the violation, the corrective actions taken and planned to correct the violation and prevent recurrence, and the date when full compliance was achieved is already adequately addressed on the docket as summarized in your letter dated July 13, 2005. Therefore, you are not required to respond unless these documents do not accurately reflect your corrective actions or your position. In that case, or if you choose to provide additional information, you should follow the instructions specified in the enclosed Notice of Violation.
As another option, you may request alternative dispute resolution (ADR) with the NRC in an attempt to resolve this issue if you disagree with this enforcement sanction. ADR is a general term encompassing various techniques for resolving conflict outside of court using a neutral third party. The technique that the NRC has decided to employ during a pilot program, which is now in effect, is mediation. Additional information concerning the NRC's pilot program is described in the enclosed brochure (NUREG/BR-0317) and can be obtained at http://www.nrc.
gov/what-we-do/regulatory/enforcement/adr.html. The Institute on Conflict Resolution (ICR) at Cornell University has agreed to administer the NRC's program. Please contact ICR at 877-733-9415 within 10 days of the date of this letter if you are interested in pursuing resolution of this issue through ADR.
You should note that final NRC documents, including the final OI report, may be made available to the public under the Freedom of Information Act (FOIA) subject to redaction of information pursuant to the FOIA. Requests under the FOIA should be made in accordance with 10 CFR 9.23, Requests for Records.
In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter and its enclosure will be 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). Should you have any questions regarding this letter, please feel free to contact Mr. James Trapp at (610) 337-5186.
Sincerely,
/RA/
Brian E. Holian, Director Division of Reactor Projects Docket No. 50-410 License No. NPF-69
Enclosure:
Notice of Violation
Mr. James A. Spina 3 cc w/encl:
M. J. Wallace, President, Constellation Generation M. Heffley, Senior Vice President and Chief Nuclear Officer J. M. Petro, Jr., Esquire, Counsel, Constellation Energy Group, Inc.
M. J. Wetterhahn, Esquire, Winston and Strawn P. R. Smith, President, New York State Energy, Research, and Development Authority J. Spath, Program Director, New York State Energy Research and Development Authority P. D. Eddy, Electric Division, NYS Department of Public Service C. Donaldson, Esquire, Assistant Attorney General, New York Department of Law Supervisor, Town of Scriba T. Judson, Central NY Citizens Awareness Network D. Katz, Citizens Awareness Network J. R. Evans, LIPA C. Adrienne Rhodes, Chairman and Executive Director, State Consumer Protection Board
Mr. James A. Spina 4 DISTRIBUTION w/encl:
ADAMS (PARS)
SECY CA OEMAIL OEWEB LReyes, EDO EMerschoff, DEDR SFigueroa, OE LTrocine, OE LChandler, OGC BJones, OGC MElwood, OGC KRemsberg, OGC PLohaus, STP JDyer, NRR RBorchardt, NRR BBoger, NRR SLee, OEDO PBonnett, NRR RLaufer, NRR PTam, PM, NRR TColburn (Back up PM), NRR Enforcement Coordinators RII, RIII, RIV SGagner, OPA HBell, OIG GCaputo, OI LTremper, OC SCollins, RA MDapas, DRA JTrapp, DRP DScrenci, PAO-RI GHunegs, SRI Region I OE Files (with concurrences)
Region I Docket Room (with concurrences)
SISP Review Complete: JMT (Reviewers Initials)
DOCUMENT NAME: E:\Filenet\ML052300265.wpd After declaring this document An Official Agency Record it will be released to the Public.
- Refer to previous concurrences To receive a copy of this document, indicate in the box: "C" = Copy without attachment/enclosure "E" = Copy with attachment/enclosure "N" = No copy OFFICE RI/ORA RI/ORA RI/DRP RI/DRP RI/OI NAME RUrban DHolody JTrapp BHolian EWilson JAT for DATE 07/27/05 07/29/05 07/28/05 07/28/05 07/28/05 OFFICE RI/ORA OE OGC HQ/NRR RI/RA NAME KFarrar JLuehman (RJU for) TSmith (RJU for) BBoger (RJU for) SCollins DATE 07/28/05 08/05/05 08/03/05 (NLO) 08/03/05 08/02/05 OFFICIAL RECORD COPY
Enclosure Notice of Violation Nine Mile Point Nuclear Station, LLC Docket No. 50-410 Nine Mile Point Unit 2 License No. NPF-69 EA 05-025 During an NRC investigation completed on January 3, 2005, a violation of NRC requirements was identified. In accordance with the NRC Enforcement Policy, the violation is listed below:
Until February 2001, Nine Mile Point Unit 2 Technical Specification 6.4, Training, required that the training program for the fire brigade shall meet or exceed the requirements of Appendix R to 10 CFR Part 50.
10 CFR Part 50, Appendix R, Section III.I.3.b, requires, in part, that persons planning and authorizing an unannounced fire drill shall ensure that the responding shift fire brigade members are not aware that a fire drill is being planned until it is begun.
Contrary to the above, on June 14, 2000, an unannounced fire drill was planned, and prior to its start, the fire protection supervisor made a responding shift fire brigade member (the fire brigade leader) aware of not only the fact that an unannounced fire drill was planned but also the time and location of the planned, unannounced, fire drill.
This is a Severity Level IV violation (Supplement I).
The NRC has concluded that information regarding the reason for the violation, the corrective actions taken and planned to correct the violation and prevent recurrence, and the date when full compliance was achieved is already adequately addressed on the docket in your letter dated July 13, 2005. However, you are required to submit a written statement or explanation pursuant to 10 CFR 2.201 if the description therein does not accurately reflect your corrective actions or your position. In that case, or if you choose to respond, clearly mark your response as a "Reply to a Notice of Violation; EA-05-025," and send it to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555, with a copy to the Regional Administrator, Region I, and a copy to the NRC Resident Inspector at the facility that is the subject of this Notice within 30 days of the date of the letter transmitting this Notice of Violation (Notice).
If you contest this enforcement action, you should also provide a copy of your response, with the basis for your denial, to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
Because your response, if provided, 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), to the extent possible, it should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the public without redaction. ADAMS is accessible from the NRC Web site at http://www.
nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room). If personal privacy or proprietary information is necessary to provide an acceptable response, then please provide a bracketed copy of your response that identifies the information that should be protected and a
Notice of Violation 2 redacted copy of your response that deletes such information. If you request withholding of such material, you must specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim of withholding (e.g., explain why the disclosure of information will create an unwarranted invasion of personal privacy or provide the information required by 10 CFR 2.390(b) to support a request for withholding confidential commercial or financial information). If safeguards information is necessary to provide an acceptable response, please provide the level of protection described in 10 CFR 73.21.
In accordance with 10 CFR 19.11, you may be required to post this Notice within 2 working days.
Dated this 18th day of August 2005