ML14170A398
| ML14170A398 | |
| Person / Time | |
|---|---|
| Site: | Harris, Brunswick, Robinson  |
| Issue date: | 08/14/1979 |
| From: | James O'Reilly NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | Jackie Jones CAROLINA POWER & LIGHT CO. |
| References | |
| NUDOCS 7909040492 | |
| Download: ML14170A398 (7) | |
Text
In Reply Refer To:
RII:JPO 50-325, 50-324 50-400, 50-401 50-,50-403 WUNITED STATES NUCLEAR REGULATORY COMMISSION REGIODNI1 101 MARIETTA ST., N.W., SUITE 3100 ATLANTA, GEORGIA 30303 in Rely ReerAUG 14 197 5-26 Carolina Power and Light Company ATTN:
J. A. Jones Executive Vice President and Chief Operating Officer 411 Fayetteville Street Raleigh, NC 27602 Gentlemen:
With this Information Notice the Nuclear Regulatory Commission is extending an existing mechanism previously used for informing facility licensees of signifi cant operating events to include informing operator licensees of significant events which could impact on conditions of their NRC licenses.
It is requested that the facility licensee provide copies of this Information Notice to all NRC licensed individuals at the facility.
No specific response is requested at this time.
If you have questions regarding this matter please contact the Director of the appropriate NRC Regional Office.
Sincerely, rector
Enclosures:
- 1.
IE Information Notice No. 79-20
- 2.
List of IE Information Notices Issued in 1979 7909040
Carolina Power and Light Company
-2 cc w/encl:
A. C. Tollison, Jr.
Plant Manager Box 458 Southport, North Carolina 28461 R. Parsons, Site Manager Post Office Box 101 New Hill, North Carolina 27562 R. B. Starkey, Jr., Plant Manager Post Office Box 790 Hartsville, South Carolina 29550
SSINS: 6870 Accession No:
7908090260 UNITED STATES NUCLEAR REGULATORY COMMISSION OFFICE OF INSPECTION AND ENFORCEMENT WASHINGTON, D.C. 20555 August 14, 1979 IE Information Notice No. 79-20 NRC ENFORCEMENT POLICY - NRC LICENSED INDIVIDUALS
Background:
In the past, NRC licensed individuals have been cited by the NRC for failure to comply with the conditions of their licenses. These items of noncompliance can generally be characterized as serious or repeated failures to follow reactor operating procedures.
Two recent events involving the radiation overexposure of NRC licensed individuals through their violation of utility procedures, facility Technical Specifications and the Code of Federal Regulations have raised questions about the exercise of their responsibilities.
The purpose of this Information Notice is two-fold:
(1) To remind the NRC licensed individuals of their responsibilities, not only in the proper operation of the facility controls, but in compliance with the facility administrative procedures, and (2) To summarize the enforcement sanctions available to the NRC for use against licensed individuals.
Description of Circumstances:
- 1.
Responsibilities Facility licensees are charged with the responsibility to design, construct and operate their plants in accordance with NRC requirements to assure that public health and safety are protected. The role of NRC. licensed individuals is no less important in the overall Regulatory scheme. The NRC recognizes that timely actions by NRC licensed indivi duals are an important part of safety. Reliance on these actions is a part of the defense-in-depth concept. Specifically, the NRC requires that:
(1) Only licensed operators are permitted to manipulate the controls that directly affect reactivity (10 CFR 50.54 (i))
(2) Licensed operators are required to be present at the controls at all times during the operation of the facility (10 CFR 50.54 (k))
IE Information Notice No. 79-20 August 14, 1979 Page 2 of 3 (3) Operation of mechanisms and apparatus other than controls which may indirectly affect the power level or reactivity of a reactor shall only be accomplished with the knowledge and consent of an operator licensed in accordance with Part 55 (10 CFR 50.54 (j))
(4) Licensed senior operators are required to be present at the facility during specified conditions, and available or on call at other times during operation (10 CFR 50.54 (m))
(5) The NRC licensed individual shall observe all applicable rules, regulations and orders of the Commission, whether or not stated in the license (10 CFR 55.31(d))
The above requires the NRC licensed individual to comply with the requirements pertaining to the operation of the facility and manipulation of its controls and to comply with radiation safety procedures implementing 10 C-R 20.
NRC policy for the responsibility for safe operation of NRC licensed facilities continues to be as follows:
(1) The facility licensee is responsible for assuring that the facility is operated within the requirements of the license, Technical Specifica tions, rules, regulations, Orders of the NRC and for the actions of their employees.
(2) NRC licensed individuals are responsible for taking timely and proper Actions so as not to create or cause a hazard to "safe opera tion of the facility" (i.e. actions or activities, including failure to take action, related to the facility which could have an adverse affect on the health and safety of the public, plant workers or the individuals).
- 2.
Enforcement Sanctions On December 31, 1974, the then AEC sent a letter to all facility licensees containing the criteria for determining enforcement action and the categories of noncompliance with AEC regulatory requirements.
Those criteria and categories are applicable to NRC licensed individuals as well as facility licensees.
Paragraph 55.40(b) of Title 10 of the Code of Federal Regulations prescribes that NRC issued operator licenses may be revoked, suspended or modified for failure to observe any terms or conditions of any rule, regulation or Order of the Commission, or any conduct determined to be a hazard to safe operation of the facility.
These would generally involve serious items of noncompliance where: (1) the individuals' action clearly demonstrate inattention to duties or disregard for requirements including technical specificatons and operating procedures; (2) the NRC licensed individual takes (or fails to take) a required action that results in significant actual or potential safety consequences; or (3) there is repetitive noncompliance with regulatory requirements.
IE Information Notice No. 79-20 August 14, 1979 Page 3 of 3 Examples of situations which could result in violations include:
(1) Noting a serious violation of procedural requirements and not taking corrective action.
(2) Unauthorized bypassing of required reactor safety systems (3) Defeating alarms which have serious safety significance (4) Unauthorized abandoning of reactor controls (5)
Knowingly taking actions that violate TS Limiting Conitions for Operation The examples listed above involve the failure of a NRC licensed individual to follow procedures and adhere to controls. These are violations of NRC require ments.
In the past the NRC has issued Notices of Violation, as provided for in 10 CFR 2.201, and suspended, modified or revoked the license, as provided for in 10 CFR 55.40 (b), of NRC licensed individuals. The issuance of civil monetary penalties, as provided for in 10 CER 2.205 and 10 CFR 55.50, or criminal charges, as provided for in 10 CFR 55.50, have not been previously used against NRC licensed individuals but may be used if the circumstances warrant such action.
The Commission will continue to monitor the performance of NRC licensed individuals and will continue to take the appropriate enforcement action against NRC licensed individuals.
No written response to this Information Notice is required.
If you have questions regarding this matter, please contact the Director of the appro priate NRC Regional Office.
IE Information Notice No. 79-20 Enclosure August 14, 1979 Page 1 of 2 LISTING OF IE INFORMATION NOTICES ISSUED IN 1979 Information Subject Date Issued To Notice No.
Issued 79-01 Bergen-Paterson Hydraulic 2/2/79 All power reactor Shock and Sway Arrestor facilities with an OL or a CP 79-02 Attempted Extortion -
2/2/79 All Fuel Facilities Low Enriched Uranium 79-03 Limitorque Valve Geared 2/9/79 All power reactor Limit Switch Lubricant facilities with an OL or a CP 79-04 Degradation of 2/16/79 All power reactor Engineered facilities with an Safety Features OL or a CP 79-05 Use of Improper Materials 3/21/79 All power reactor in SaeyRltdComponents facilities with an Safety-Related OL or CP 79-06 Stress Analysis of 3/23/79 All Holders of Safety-Related Piping Reactor OL or CP 79-07 Rupture of Radwaste Tanks 3/26/79 All power reactor facilities with an OL or CP 79-08 Interconnection of 3/28/79 All power reactor Contaminated Systems with facilities with an Service Air Systems Used OL and Pu Processing As the Source of Breathing fuel facilities Air 79-09 Spill of Radioactively 3/30/79 All power reactor Contaminated Resin facilities with an OL 79-10 Nonconforming Pipe 4/16/79 All power reactor Support Struts facilities with a CF 79-11 Lower Reactor Vessel Head 5/7/79 All holders of Reactor Insulation Support Problem OLs and CPs
IE Information Notice No. 79-20 Page 2 of 2 August 14, 1979 LISTING OF IE INFORMATION NOTICES ISSUED IN 1979 Information Subject Date Issued To Notice No.
Issued 79-12 Attempted Damage to New 5/11/79 All Fuel Facilities Fuel Assemblies Research Reactors, and Power Reactors with an OL or CP 79-13 Indication of Low Water 5/29/79 All Holders of Reactor Level in the Oyster Creek OLs and CPs Reactor '
79-14 NRC Position of Electrical 6/11/79 All Power Reactor Cable Support Systems Facilities with a CP 79-15 Deficient Procedures 6/7/79 All Holders of Reactor OLs and CPs 79-16 Nuclear Incident at Three 6/22/79 All Research Reactors Mile Island and Test Reactors with OLs 79-17 Source Holder Assembly Damage 6/20/79 All Holders of Reactor Damage From Misfit Between OLs and CPs Assembly and Reactor Upper Grid Plate 79-18 Skylab Reentry 7/5/79 All Holders of Reactor OLs 79-19 Pipe Cracks In Stagnant 7/17/79 All Holders of Reactor Borated Water Systems At OLs and CPs PWR Plants