ML070390004
| ML070390004 | |
| Person / Time | |
|---|---|
| Site: | Pilgrim |
| Issue date: | 02/02/2007 |
| From: | David Lew Division Reactor Projects I |
| To: | Balduzzi M Entergy Nuclear Operations |
| References | |
| EA-06-301 1-2006-021 | |
| Download: ML070390004 (4) | |
Text
February 2, 2007 EA-06-301 Mr. Michael A. Balduzzi Site Vice President Entergy Nuclear Operations, Inc.
Pilgrim Nuclear Power Station 600 Rocky Hill Road Plymouth, MA 02360-5508
SUBJECT:
PILGRIM NUCLEAR POWER STATION - NRC INVESTIGATION REPORT NO. 1-2006-021
Dear Mr. Balduzzi:
This refers to the investigation conducted by the U.S. Nuclear Regulatory Commissions (NRC)
Office of Investigations (OI) from February 16, 2006, to May 30, 2006, at your Pilgrim Nuclear Power Station (Pilgrim). The investigation was initiated after you informed the NRC on January 5, 2006, that an on-shift chemistry technician was found asleep while on-duty on December 30, 2005.
As a result of the OI investigation, the NRC confirmed the results of your independent investigation that the technician had been inattentive for a short time prior to discovery by station management. The OI investigation also found that the technician deliberately took action that resulted in his falling asleep. Specifically, the technician entered a normally unoccupied and locked storage room and subsequently fell asleep after lying down on a mat. The NRC concluded that the technician was not ready for duty and that the deliberate action caused Pilgrim to be in violation of Technical Specification 5.4.1 of Facility Operating License DPR-35 and Section 5.4 of station Procedure No. 1.3.72, Conduct of Chemistry Operations, Rev. 7, which requires that at least one qualified chemistry technician be on shift and ready for duty.
Based on the evidence developed during this investigation, the NRC has determined that a Severity Level IV violation of NRC requirements occurred. The NRC concluded that, absent willfulness, the violation would be considered minor because the consequences of the technicians inattentiveness was of minor safety or environmental significance since the technicians normal duties did not require continuous observation or monitoring of important-to-safety structures, systems, or components. In addition, the technicians emergency response duties would likely have been satisfied, in part, due to the facts that plant emergency alarms were audible in the area where the technician fell asleep and that a cell phone was staged and operable to alert the technician of any plant emergency. Also considered was that if the technician remained unresponsive to emergency alarms or calls, Pilgrims emergency call-out process to offsite staff would have been sufficient to complete the chemistry technicians response duties. However, because the technicians actions were deliberate, the NRC is escalating the severity to Severity Level IV.
M. Balduzzi 2 This Severity Level IV violation is being treated as a non-cited violation (NCV) consistent with Section VI.A. of the NRC Enforcement Policy because you initially identified the violation and promptly informed the NRC of the event; the violation involved the acts of a low-level individual in your organization; the violation appeared to be an isolated action of the employee without management involvement nor caused by a lack of management oversight; and significant remedial action commensurate with the circumstances of the event was taken by your organization against the chemistry technician such that it demonstrated the seriousness of the violation to other employees and contractors, thereby creating a deterrent effect within your organization.
If you contest this NCV or its significance, you should provide a response within 30 days of the date of this letter, with the basis for your denial, to the U.S. Nuclear Regulatory Commission, ATTN.: Document Control Desk, Washington, D.C. 20555-0001, with copies to the Regional Administrator, Region I; the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001; and the NRC Resident Inspector at the Pilgrim facility.
In accordance with 10 CFR 2.390 of the NRCs Rules of Practice, a copy of this letter and your response, if you choose to provide one, will be 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, if you choose to provide one, should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the public without redaction.
Sincerely,
/RA/
David C. Lew, Director Division of Reactor Projects Docket No. 50-293 License No. DPR-35
M. Balduzzi 3 cc w/encl:
G. J. Taylor, Chief Executive Officer, Entergy Operations M. Kansler, President, Entergy Nuclear Operations, Inc.
J. T. Herron, Senior Vice President and Chief Operating Officer C. Schwarz, Vice-President, Operations Support S. J. Bethay, Director, Nuclear Safety Assurance O. Limpias, Vice President, Engineering J. F. McCann, Director, Licensing C. D. Faison, Manager, Licensing R. Patch, Director of Oversight, Entergy Nuclear Operations, Inc.
B. S. Ford, Manager, Licensing, Entergy Nuclear Operations, Inc.
T. C. McCullough, Assistant General Counsel S. Lousteau, Treasury Department, Entergy Services, Inc.
Director, Radiation Control Program, Commonwealth of Massachusetts C. White, RRPT, CHP, Radiological Health, Vermont Department of Health The Honorable Therese Murray The Honorable Vincent deMacedo Chairman, Plymouth Board of Selectmen Chairman, Duxbury Board of Selectmen Chairman, Nuclear Matters Committee Plymouth Civil Defense Director D. OConnor, Massachusetts Secretary of Energy Resources J. Miller, Senior Issues Manager Office of the Commissioner, Massachusetts Department of Environmental Protection Office of the Attorney General, Commonwealth of Massachusetts Electric Power Division, Commonwealth of Massachusetts R. Shadis, New England Coalition Staff D. Katz, Citizens Awareness Network Chairman, Citizens Urging Responsible Energy J. Sniezek, PWR SRC Consultant M. Lyster, PWR SRC Consultant W. Meinert, Nuclear Engineer J. Muckerheide, MEMA and Commonwealth of Massachusetts, SLO Designee Commonwealth of Massachusetts, Secretary of Public Safety
M. Balduzzi 4 DISTRIBUTION w/encl:
ADAMS (PARS) Enforcement Coordinators RII, RIII, RIV SECY E. Hayden, OPA CA H. Bell, OIG OEMAIL G. Caputo, OI OEWEB L. Tremper, OC L. Reyes, EDO S. Collins, RA W. Kane, DEDR M. Dapas, DRA J. Lamb, OEDO D. Lew, DRP, RI C. Carpenter, OE R. Powell, DRP S. Merchant, OE T. Walker, DRP L. Sreenivas, OE W. Raymond, DRP, RI L. Trocine, OE C. Welch, DRP, RI L. Lopez, OE A. Ford, DRP, RI O. Samuel, OE D. Holody, RI L. Chandler, OGC K. Farrar, RI B. Jones, OGC E. Wilson, OI M. Elwood, OGC D. Screnci/N. Sheehan J. Dyer, NRR R. Summers, RI M. Weber, NRR C. ODaniell, RI B. Boger, NRR R1DRP_Mail J. Shea, PM, NRR Region I Docket Room (with concurrences)
SUNSI Review Complete: RJS (Reviewers Initials)
DOCUMENT NAME: C:\FileNet\ML070390004.wpd After declaring this document An Official Agency Record it will be released to the Public.
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/DRP RI/OI RI/RC RI/ORA NAME RSummers (RJS) RPowell (RP) EWilson (EW) KFarrar (KLF) DHolody (DJH)
DATE 01/11/07 01/17/07 01/17/07 01/17/07 01/17/07 OFFICE HQ/OE RI/DRP NAME CCarpenter
- DLew DATE 01/26/07 02/02 /07 OFFICIAL RECORD COPY
- via 01/26/07 e-mail from L. Trocine