IR 05000282/2006015

EA-06-162, Prairie Island Nuclear Generating Plant, Notice of Violation (NRC Inspection Report 05000282/2006015; and 05000306/2006015 and NRC Investigation Report No. 3-2006-004)

ML062750146
Person / Time
Site:	Prairie Island
Issue date:	09/28/2006
From:	Caldwell J Region 3 Administrator
To:	Thomas J. Palmisano Nuclear Management Co
References
3-2006-004, EA-06-162, IR-06-015 EA-06-162
Download: ML062750146 (7)

Text

ber 28, 2006

SUBJECT:

NOTICE OF VIOLATION [NRC INSPECTION REPORT 05000282/2006015; 05000306/2006015 AND NRC INVESTIGATION REPORT NO. 3-2006-004]

PRAIRIE ISLAND NUCLEAR GENERATING PLANT

Dear Mr. Palmisano:

This refers to an inspection by the U.S. Nuclear Regulatory Commission (NRC) that was completed on June 29, 2006, and an investigation by the NRC Office of Investigations (OI) that was completed on April 27, 2006, at the Prairie Island Nuclear Generating Plant, Units 1 and 2, (Prairie Island) operated by the Nuclear Management Company, LLC (NMC). The inspection and investigation identified an apparent violation of 10 CFR 50.9, Completeness and Accuracy of Information, associated with information that NMC provided to the NRC on July 21, 2005, in two applications for reactor operator licenses at the Prairie Island facility. A copy of the inspection report, NRC Inspection Report No. 05000282/2006013;05000306/2006013, was provided to you on July 18, 2006.1 In the letter transmitting the inspection report, we provided you the opportunity to address the apparent violation identified in the report by either attending a predecisional enforcement conference or by providing a written response before we make our final enforcement decision.

In a letter dated August 14, 2006, you provided a written response to the apparent violation.

Based on the information developed during the NRC inspection, the OI investigation and the information that you provided in your August 14, 2006, written response to the inspection report, the NRC determined that a violation of NRC requirements occurred. The violation is cited in the enclosed Notice of Violation (Notice) and the circumstances surrounding it are described in detail in the subject inspection report. In summary, on July 21, 2005, NMC submitted two NRC Form 398s, Personal Qualification Statement - License, to the NRC, one for an applicant seeking a reactor operator (RO) license and one for an applicant seeking a senior reactor operator (SRO) license at the Prairie Island facility. Both of the NRC Form 398s indicated the applicants had completed on Januarly 18, 2005, a significant manipulation of the reactor controls using the Prairie Island simulator to simulate a reactor startup. The NRC Form 398s

Inspection Report No. 05000282/2006015; 05000306/2006015 was assigned to track the violation described in the enclosed Notice. also indicated that, as of January 18, 2005, NMC had conducted certification testing of the simulator which demonstrated that the simulator replicated the current plant reactor core model.

However, following a subsequent investigation, NMC determined that it could not locate documentation to demonstrate that simulator certification testing for the reactor startup procedure had occurred. Therefore, inaccurate information was submitted on the NRC Form 398s. The licensee subsequently performed testing of the simulator during October 2005, which demonstrated that the simulator replicated the current plant reactor core model.

The information on NRC Form 398 is material to the NRC because it is used to determine that an applicant for license to operate a nuclear power reactor had performed a sufficient number of significant reactivity control manipulations prior to being licensed to operate a nuclear power reactor. On September 23, 2005, the NRC issued a license to operate a nuclear reactor to each applicant based, in part, on the inaccurate information that the NMC submitted to the NRC concerning each applicants use of the Prairie Island simulator to manipulate the controls for a reactor startup. Therefore, this violation has been categorized in accordance with the NRC Enforcement Policy at Severity Level III.

In accordance with the Enforcement Policy, a base civil penalty in the amount of $65,000 is considered for a Severity Level III violation. Because your facility has not been the subject of escalated enforcement actions within the two years preceding the violation, the NRC considered whether credit was warranted for corrective actions in accordance with the civil penalty assessment process in Section VI.C.2 of the Enforcement Policy. Credit was warranted for corrective actions consisting of: (1) revising the procedure on NRC Operator Licensing Requirements to include a checklist to verify that items on the checklist support the requirements for license applications prior to its submittal of the applications; and (2) revising the procedure for simulator testing documentation to strengthen the specific testing and documentation instructions.

Therefore, to encourage prompt and comprehensive correction of violations and in recognition of the absence of previous escalated enforcement action, I have been authorized, after consultation with the Director, Office of Enforcement, not to propose a civil penalty in this case.

However, significant violations in the future could result in a civil penalty.

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 will be achieved is already addressed on the docket in NRC Inspection Report No. 05000282/2006013;05000306/2006013 and in an August 14, 2006, letter from the Nuclear Management Company, LLC. Therefore, you are not required to respond to this letter unless the description therein does 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. Please contact Hironori Peterson, Chief, Operations Branch, with questions. Mr. Peterson can be reached at telephone number (630) 829-9707. In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter, its enclosure, and your response, if you choose to respond, 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. To the extent possible, your response should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the Public without redaction. The NRC also includes significant enforcement actions on its Web site at www.nrc.gov; select What We Do, Enforcement, then Significant Enforcement Actions.

Sincerely,

/RA by Geoffrey E. Grant Acting for/

James L. Caldwell Regional Administrator Docket Nos. 50-282; 50-306 License Nos. DPR-42; DPR-60 Enclosure: Notice of Violation cc w/encl: C. Anderson, Senior Vice President, Group Operations M. Sellman, Chief Executive Officer and Chief Nuclear Officer Regulatory Affairs Manager J. Rogoff, Vice President, Counsel & Secretary Nuclear Asset Manager State Liaison Officer, Minnesota Department of Health Tribal Council, Prairie Island Indian Community Administrator, Goodhue County Courthouse Commissioner, Minnesota Department of Commerce Manager, Environmental Protection Division Office of the Attorney General of Minnesota Council Administrator President, Prairie Island Tribal Council Goodhue County Sheriff Director, Pierce County Emergency Management Agency Chair, Pierce County Board of Commissioners Chair, Dakota County Board of Commissioners Mayor of Red Wing Director, Goodhue County Emergency Management Agency Chair, Goodhue County Board of Commissioners Pierce County Sheriff Dakota County Sheriff INPO