ML12257A165
| ML12257A165 | |
| Person / Time | |
|---|---|
| Site: | Callaway  |
| Issue date: | 09/20/2012 |
| From: | Bahadur S Division of Policy and Rulemaking |
| To: | Lawrence Criscione - No Known Affiliation |
| Lyon C | |
| Shared Package | |
| ML12257A199 | List: |
| References | |
| EDATS: OEDO-2012-0501, G20120611, TAC ME9523 | |
| Download: ML12257A165 (4) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555"(}001 September 20, 2012 Mr. Lawrence Criscione, P.E.
1412 Dial Court Springfield, IL 62704
Dear Mr. Criscione:
Your petition request dated August 15, 2012 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML12237A172, public version), and addressed to the Executive Director for Operations, U.S. Nuclear Regulatory Commission (NRC; the Commission), was referred to the Office of Nuclear Reactor Regulation pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Section 2.206. You requested, in part, that:
The US Nuclear Regulatory Commission cite Callaway Plant for allowing inaccurate information to be entered into the Quality Assurance record CAR
[Callaway Action Request] 200702606, Action 5.
In addition, you state, in part:
In summary, I would like the NRC to finally conduct an investigation of the October 21, 2003 passive reactor shutdown in which they seek to understand why [staff] would take 107 minutes to insert the control banks following a passive shutdown of the nuclear fission reaction...
The NRC staff reviewed your request and in accordance with Management Directive (MD) 8.11, "Review Process for 10 CFR 2.206 Petitions," the staff has concluded that your request does not meet the criteria for review under 10 CFR 2.206. Per MD 8.11, the NRC will not review a request where the petitioner raises issues that have already been the subject of an NRC staff review and evaluation on that facility, for which a resolution has been achieved. This includes requests to reconsider or reopen a previous enforcement action. These requests will not be treated as a 2.206 petition unless they present significant new information. Your petition raises issues that have already been reviewed and evaluated by the NRC for Callaway Plant:
- 1.
The October 21, 2003, inadvertent reactor shutdown incident was never documented in the plant's Corrective Action Program until it was accidently uncovered in February 2007.
This issue was raised in your petition dated September 17.2010 (ADAMS Accession No. ML110140090). The NRC reviewed this issue as documented in its closure letter dated January 19, 2011, which stated, in part:
Specifically, as the basis for this determination, the PRB [petition review board] considered your petition as provided in your letter to Mr. Borchardt, your comments and presentation with back-up slides provided during your meeting with the PRB, and the involved NRC staff investigatory effort and actions previously documented and as summarized below:
L. Criscione
- 2 March-August 2007: NRC staff reviewed and inspected a concern noting issues with the October 21,2003 reactor shutdown event at Callaway Plant. In response to this concern, the NRC reviewed issues related to the failure to initiate a corrective action document, the failure to log the event, potential operator dishonesty regarding the shutdown, a potentially unhealthy plant safety conscious work environment, and potential employee discrimination toward the petitioner. This concern was reviewed and inspected by NRC staff and resulted in a non-cited violation (NCV) for failing to initiate a corrective action document, as documented in Integrated Inspection Report (IIR) 05000483/2007003. Inspection and review did not identify further plant safety issues or violations of NRC requirements in the areas of event logging, operator dishonesty, plant safety environment, or employee discrimination.
- 2.
On September 5, 2007 [staff] intentionally entered inaccurate information into a Quality Assurance record in order to conceal his errors during the October 21, 2003 incident.
This issue was raised in your petition dated September 17, 2010. The NRC reviewed this issue as documented in its closure letter dated January 19, 2011, which stated:
September 2007-February 2010: NRC staff completed an 01
[NRC Office of Investigations] investigation to specifically address the petitioner's concerns of the licensee's alleged willfulness in actions related to the October 21, 2003, reactor shutdown event at the Callaway Plant and the alleged misleading of 01 investigators by plant operators as claimed by the petitioner from an 01 investigation transcript obtained from a Freedom of Information Act (FOIA) request. Additionally, the NRC staff reexamined the petitioner's previous concerns (noted above) by conducting two separate, independent reviews of the operational and control room management issues related to the shutdown event. These reviews were conducted by Senior Resident Inspectors (SRls) with extensive Pressurized-Water Reactor (PWR) operational experience (one SRI was a licensed Senior Reactor Operator and the other SRI had extensive Naval PWR background). The NRC staff reexamination did not identify any evidence that would indicate willfulness or misleading information provided to 01. In summary, the NRC determined that operator actions on October 21, 2003 were not consistent with effective command and control and reactivity management practices encouraged by the NRC and the nuclear industry. The demonstrated weaknesses in command and control were attributable, in part, to weaknesses with management oversight, training, and procedural guidance,
L. Criscione
- 3 and these weaknesses were documented in the licensee's corrective action program.
The incident was also the subject of additional NRC review, as documented in the following NRC investigations, as discussed in your August 15, 2012, petition:
Allegation RIV-2007 -A-0028 01 Report 4-2007-049 Allegation RIV-2007 -A-0096 The NRC staff reviewed your August 15, 2012, petition and concluded that you provided no significant new information beyond what you provided in your September 17, 2010, petition.
Specifically, the NRC staff has previously reviewed CAR 200702606 from a number of standpoints, including safety conscious work environment (Allegation RIV-2007 -A-0096),
misleading statements being made to 01 (the statements were reviewed in response to the September 17, 2010, petition and were consistent with the information in the CAR), and as a sample during a problem identification and resolution inspection (IIR 5000483/2009003; ADAMS Accession No. ML092090664). Since the issues raised by you have been reviewed, evaluated, and resolved by the NRC for the Callaway Plant, the staff will not accept your new request under the 10 CFR 2.206 process.
In your letter, you alleged misconduct by the NRC staff. Your concerns have been referred to the NRC Office of the Inspector General (OIG), which is charged with investigating misconduct by NRC employees. You may forward your concerns directly to the OIG through the NRC public Web site at http://www.nrc.gov/insp-gen/oighotline.htmlor the OIG Hotline (1-800-233-3497) at any time.
In conclusion, after reviewing your petition under 10 CFR 2.206, the NRC staff has determined that there is no basis for instituting a proceeding under 10 CFR 2.202. Thank you for your interest in the matters discussed in your petition.
Sincerely, Sher Bahadur, Deputy Director Division of Policy and Rulemaking Office of Nuclear Reactor Regulation Docket No. 50-483 cc: Distribution via Listserv
- l. Criscione
- 3 and these weaknesses were documented in the licensee's corrective action program.
The incident was also the subject of additional NRC review, as documented in the following NRC investigations, as discussed in your August 15, 2012, petition:
Allegation RIV-2007 -A-0028 01 Report 4-2007-049 Allegation RIV-2007 -A-0096 The NRC staff reviewed your August 15, 2012, petition and concluded that you provided no significant new information beyond what you provided in your September 17,2010, petition.
Specifically, the NRC staff has previously reviewed CAR 200702606 from a number of standpoints, including safety conscious work environment (Allegation RIV-2007-A-0096),
misleading statements being made to 01 (the statements were reviewed in response to the September 17,2010, petition and were consistent with the information in the CAR), and as a sample during a problem identification and resolution inspection (IIR 5000483/2009003; ADAMS Accession No. ML092090664). Since the issues raised by you have been reviewed, evaluated, and resolved by the NRC for the Callaway Plant, the staff will not accept your new request under the 10 CFR 2.206 process.
In your letter, you alleged misconduct by the NRC staff. Your concerns have been referred to the NRC Office of the Inspector General (DIG), which is charged with investigating misconduct by NRC employees. You may forward your concerns directly to the DIG through the NRC public Web site at http://www.nrc.gov/insp-gen/oighotline.htmlor the DIG Hotline (1-800-233-3497) at any time.
In conclusion, after reviewing your petition under 10 CFR 2.206, the NRC staff has determined that there is no basis for instituting a proceeding under 10 CFR 2.202. Thank you for your interest in the matters discussed in your petition.
Sincerely, IRA!
Sher Bahadur, Deputy Director Division of Policy and Rulemaking Office of Nuclear Reactor Regulation Docket No. 50-483 cc: Distribution via listserv DISTRIBUTION: G201206111 OEDO-2012-0501 PUBLIC RidsNrrDorlLpl4 Resource RidsOgcRp Resource Lpl4 Reading RidsNrrLAJBurkhardl RidsOpaMail Resource NRRWebServices Resource RidsNrrMailCenter Resource RidsRgn4MailCenter Resource RidsAcrsAcnw_MailCTR Resource RidsNrrOd Resource TMensah, NRR 2.206 Coordinator RidsEdoMailCenter Resource RidsNrrPMCallaway Resource RidsNrrDorl Resource RidsOcaMailCenter Resource
- previously concurred *"'email ADAMS A N
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ML12257A199 ccesslon os.:
ac age ncomlng ML12229A348 Response ML12257A165 OFFICE NRR/LPL4/PM NRR/LPL4/LA NRR/LPL4/BC NRR/DPR/PGCB/PM RIV/DRS/DD NAME FLyon*
J Burkhardt*
MMarkley ARussell**
TBlount**
DATE 9/18/12 9/13/12 9/20/12 9/18/12 9/18/12 OFFICE PRB/OGC RIV/OIJDFO RIVlAllegations/BC PRB/Chairman NAME MClark**
JOglesby**
HGepford**
SBahadur DATE 9/19112 9/18112 9/18/12 9/20/12 OFFICIAL RECORD COpy