ML071360392
| ML071360392 | |
| Person / Time | |
|---|---|
| Site: | Fort Calhoun  |
| Issue date: | 05/16/2007 |
| From: | Chamberlain D Division of Reactor Safety IV |
| To: | Ridenoure R Omaha Public Power District |
| References | |
| 4-2006-036, EA-07-056 IR-07-009 | |
| Download: ML071360392 (7) | |
See also: IR 05000285/2007009
Text
May 16, 2007
R. T. Ridenoure
Vice President
Omaha Public Power District
Fort Calhoun Station FC-2-4 Adm.
P.O. Box 550
Fort Calhoun, NE 68023-0550
SUBJECT:
FORT CALHOUN STATION - NRC INSPECTION REPORT 05000285/2007009
AND INVESTIGATION REPORT 4-2006-036 AND NOTICE OF VIOLATION
Dear Mr. Ridenoure:
This refers to the subject investigation and in-office inspection concluded on February 8,
2007. The investigation, by the Nuclear Regulatory Commission's (NRC) Office of
Investigation, and this in-office inspection examined the events documented in your Condition
Report CR-200601359 regarding the failure of a security officer to follow radiation work
permit (RWP) requirements at your Fort Calhoun Station. The findings were discussed with
members of your staff during a telephonic exit meeting on May 16, 2007.
Based on the results of this inspection, the NRC has determined that a violation of NRC
requirements occurred. The violation was evaluated in accordance with the NRC Enforcement
Policy included on the NRCs Web site at www.nrc.gov/about-nrc/regulatory/enforcement.html.
The violation involved the failure to follow radiation protection procedure and RWP
requirements. Specifically, one security officer, on at least three occasions between
November 26, 2005, and March 27, 2006, failed to log in on the required RWP and did not
activate his electronic alarming dosimeter (EAD) as required prior to entering the Alpha 1
security post. The Alpha 1 security post is inside a posted radiation controlled area (RCA), and
as such, security officers are required by station procedure and RWP to log in on the
appropriate RWP, activate their EAD, and confirm that it is on and reading zero.
On April 04, 2006, the licensee informed the NRC of this matter. Based on the NRCs
subsequent investigation and inspection, the NRC concluded that the security officers failure to
follow RWP requirements was deliberate. In addition, on two of the three occasions, the
security officer enlisted the aid of two other security officers to return his unactivated EAD to
access control at the end of the shift so that he could leave the site more quickly. The
licensee's investigation confirmed that the three security officers involved had received training
regarding the RWP requirements and understood radiation worker and security procedures,
Omaha Public Power District,
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practices, and requirements. Furthermore, the Alpha 1 security post was located in a posted
remote RCA in accordance with Procedure RP-204, Radiation Area Controls. The area was
barricaded with a magenta and yellow rope and was posted as an RCA with a sign stating
CAUTION, RWP REQUIRED FOR ENTRY, TLD and DOSIMETRY REQUIRED FOR ENTRY.
The posting was hung across the entry to the area where the Alpha 1 security post was located
and would be difficult to miss by anyone passing through the door.
The deliberate misconduct of a security officer, as well as the failure of two other security
officers to report this misconduct under the behavior observation program, is of significant
concern to the NRC. This is particularly significant because security officers are charged with
the safety and security of licensed activities at your facility. In this light, the NRC considered
whether this violation should be treated as a Severity Level III violation. However, the NRC also
recognizes the very low underlying safety significance of the violation in that, although the
Alpha 1 security post was designated by your staff as an RCA, requiring an EAD to enter the
area, the actual radiation levels at the post on most occasions, including the dates of the
incidents in question, are so low that they do not indicate the regulatory need for RCA posting
and EAD monitoring. In addition, the NRC acknowledges the significant disciplinary actions
taken by your staff in terminating the security officer who violated the RWP and in the
counseling and administrative leave given to the two security officers who failed to report him.
Therefore, in light of the very low underlying radiological safety significance of the violation and
your significant disciplinary actions, and in accordance with the NRCs Enforcement Policy, the
NRC is treating this violation as a Severity Level IV violation.
Notwithstanding the low significance of this violation, several aspects of this violation concern
the NRC. Specifically, we note that a similar series of events involving security officers failing to
obtain EADs prior to assuming the Alpha 1 security post occurred in 2002 (EA-03-071). This
current violation raises questions as to the effectiveness of your corrective actions in response
to the 2002 event, and we are most interested in evaluating your corrective actions to ensure
this violation is not repeated in the future. In addition, the NRC is equally concerned that your
behavior observation program, as part of the Insider Mitigation Program, was ineffective given
the failure of the two security officers to bring deliberate procedure violations and
uncharacteristic personnel behavior forward for management attention. Your response to this
violation should thoroughly address both concerns.
The violation is cited in the enclosed Notice of Violation (Notice) and the circumstances
surrounding it have been described in this letter, which serves as NRC Inspection
Report 05000285/2007009. The violation is being cited in the Notice because it involved
deliberate wrongdoing and because of the history of similar acts regarding the Alpha 1 security
post and the ineffective corrective actions taken for the previous violation.
You are required to respond to this letter and should follow the instructions specified in the
enclosed Notice when preparing your response. The NRC will use your response, in part, to
determine whether further enforcement action is necessary to ensure compliance with
regulatory requirements.
Omaha Public Power District,
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In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter, its
enclosure, and your response, 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 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.
Sincerely,
/RA/
Dwight Chamberlain, Director
Division of Reactor Safety
Docket: 50-285
License: DPR-40
Enclosure: Notice of Violation
cc w/enclosure:
Joe l. McManis, Manager - Licensing
Omaha Public Power District
Fort Calhoun Station FC-2-4 Adm.
P.O. Box 550
Fort Calhoun, NE 68023-0550
David J. Bannister
Manager - Fort Calhoun Station
Omaha Public Power District
Fort Calhoun Station FC-1-1 Plant
P.O. Box 550
Fort Calhoun, NE 68023-0550
James R. Curtiss
Winston & Strawn
1700 K Street NW
Washington, DC 20006-3817
Chairman
Washington County Board of Supervisors
P.O. Box 466
Blair, NE 68008
Omaha Public Power District,
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Julia Schmitt, Manager
Radiation Control Program
Nebraska Health & Human Services
Dept. of Regulation & Licensing
Division of Public Health Assurance
301 Centennial Mall, South
P.O. Box 95007
Lincoln, NE 68509-5007
Daniel K. McGhee
Bureau of Radiological Health
Iowa Department of Public Health
Lucas State Office Building, 5th Floor
321 East 12th Street
Des Moines, IA 50319
Omaha Public Power District,
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Electronic distribution by RIV:
Regional Administrator (BSM1)
DRP Director (ATH)
DRS Director (DDC)
DRS Deputy Director (RJC1)
Senior Resident Inspector (JDH1)
Resident Inspector (LMW1)
Branch Chief, DRP/E (JAC)
Senior Project Engineer, DRP/E (JCK3)
Team Leader, DRP/TSS (FLB2)
RITS Coordinator (MSH3)
Harry Freeman (HAF)
Mark Haire (MSH2)
Michael Vasquez (GMV)
Karla Fuller (KSF)
Michael Burrell, OE (MRB3)
David Solorio, OE (DLS2)
D. Cullison, OEDO RIV Coordinator (DGC)
ROPreports
FCS Site Secretary (BMM)
SUNSI Review Completed: MSH
ADAMS: X Yes
G No Initials: MSH
X Publicly Available G Non-Publicly Available G Sensitive
X Non-Sensitive
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Dstearns*
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Dchamberlain*
KFuller*
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/RA MShannon for/
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/RA/
4/10/07
4/11/07
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DSolorio
DChamberlain
/RA/
/RA/
/RA/
4/20/07
5/10/07
5/16/07
OFFICIAL RECORD COPY
T=Telephone E=E-mail F=Fax
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Enclosure
Omaha Public Power District
Docket No. 50-285
Fort Calhoun Station
License No. DPR-40
During an NRC inspection and investigation, which were concluded on February 8, 2007, a
violation of NRC requirements was identified. In accordance with the NRC Enforcement Policy,
the violation is listed below:
Technical Specification 5.8.1.a states, in part, that written procedures shall be
established, implemented, and maintained covering the applicable procedures
recommended in Regulatory Guide 1.33, Revision 2, February 1978, Appendix A.
Regulatory Guide 1.33, Appendix A, Section 7.e.(1), recommends procedures for
access control to radiation areas including a radiation work permit system.
Section 2.3.10 of Procedure RPP, Radiation Protection Plan, Revision 22, states, in
part, that each station individual is responsible for obeying the requirements of Standing
Order SO-G-101, Radiation Work Practices. Section 5.4.1 of SO-G-101, Revision 30,
states, in part, that radiation work permits are required for entry into any posted
radiation controlled area. In addition, Section 5.5.2 of SO-G-101 states, in part, that
persons wishing to enter the radiation controlled area shall proceed to the electronic
alarming dosimeter (EAD) reader and log in following the instructions on the
keypad (5.5.2.E) and confirm that the electronic alarming dosimeter is on and reading
zero (5.5.2.J).
Contrary to the above, on at least three occasions between November 26, 2005, and
March 27, 2006, a security officer deliberately failed to proceed to the radiation
controlled area reader and log in following the instructions on the keypad, and confirm
that the electronic alarming dosimeter is on and reading zero prior to assuming his post
on the roof of the radioactive waste building which was posted as a radiation area inside
the radiation controlled area. In addition, the individual enlisted the aid of two other
security officers to return his radiation controlled area to access control in order to
expedite his departure at the end of the shift.
This is a Severity Level IV violation (Supplement IV).
Pursuant to the provisions of 10 CFR 2.201, Omaha Public Power District is hereby required to
submit a written statement or explanation to the U.S. Nuclear Regulatory Commission,
ATTN: Document Control Desk, Washington, DC 20555-0001 with a copy to the Regional
Administrator, Region IV, and a copy to the NRC Resident Inspector at the facility that is the
subject of this Notice of Violation (Notice), within 30 days of the date of the letter transmitting
this Notice. This reply should be clearly marked as a "Reply to a Notice of Violation,
EA-07-056," and should include: (1) the reason for the violation, or, if contested, the basis for
disputing the violation or severity level, (2) the corrective steps that have been taken and the
results achieved, (3) the corrective steps that will be taken to avoid further violations, and
(4) the date when full compliance will be achieved. Your response may reference or include
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Enclosure
previously docketed correspondence, if the correspondence adequately addresses the required
response. If an adequate reply is not received within the time specified in this Notice, an Order
or a Demand for Information may be issued as to why the license should not be modified,
suspended, or revoked, or why such other action as may be proper should not be taken.
Where good cause is shown, consideration will be given to extending the response time.
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, United States Nuclear
Regulatory Commission, Washington, DC 20555-0001.
Because your response 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 www.nrc.gov/reading-rm/adams.html, 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. 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 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 are required to post this Notice within 2 working days.
Dated this 16th day of May 2007