IR 05000244/2015007

Notice of Violation - Severity Level III Problem - NRC Inspection Report 05000244/2015007

ML15055A080
Person / Time
Site:	Ginna
Issue date:	02/24/2015
From:	Dan Dorman Region 1 Administrator
To:	Joseph Pacher Exelon Generation Co
Cherie Crisden
References
EA-14-235 IR 2015007
Download: ML15055A080 (8)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION ary 24, 2015

SUBJECT:

R. E. GINNA NUCLEAR POWER PLANT - NOTICE OF VIOLATION -

SEVERITY LEVEL III PROBLEM - NRC INSPECTION REPORT 05000244/2015007

Dear Mr. Pacher:

This letter provides you the NRC enforcement decision for the apparent violations documented in Inspection Report 05000244/2014005, issued to R.E Ginna Nuclear Power Plant, LLC (Ginna) on February 4, 2015 (ML15035A166)1. The apparent violations, associated with licensed reactor operator medical examinations and related NRC reporting requirements, were discussed with Ginna representatives at an inspection exit meeting on January 14, 2015, and documented in the subject inspection report.

The February 4, 2015, NRC letter transmitting the inspection report notified you that the apparent violations were being considered for escalated enforcement in accordance with the NRC Enforcement Policy, and provided you the opportunity to address the apparent violations by attending a pre-decisional enforcement conference (PEC), or by providing a written response before we made our final enforcement decision. In the letter we also informed you that we had sufficient information regarding the apparent violations and Ginnas corrective actions to make an enforcement decision without the need for a PEC or a written response. In a telephone call on February 9, 2015, Tom Harding, Manager, Site Regulatory Assurance informed Dan Schroeder, Branch Chief that Ginna did not require a PEC nor intend to send a written response.

Therefore, based on the information developed during the inspection, the NRC has determined that violations of NRC requirements occurred. These violations are cited in the enclosed Notice of Violation (Notice) and the circumstances surrounding them are described in detail in the subject inspection report, and in the NRCs February 4, 2015, letter.

Designation in parentheses refers to an Agency-wide Documents Access and Management System (ADAMS) accession number. Documents referenced in this letter are publicly-available using the accession number in ADAMS. The first violation involved Ginnas submittal of information to the NRC in an October 8, 2008, NRC licensed senior operator application that was not complete and accurate in all material respects. Specifically, the application did not specify that the applicant had a medical condition that required a restriction to take medication for hypertension. Based, in part, on this inaccurate information, the NRC issued an initial license that did not contain the necessary restriction.

The second violation involved Ginnas failure to notify the NRC within 30 days of a permanent disability of a licensed senior operator. Specifically, Ginnas staff was informed in July 2008 that the operator was taking medication for hypertension. Ginna did not report this condition to the NRC when they submitted NRC Form 396 as part of the licensed senior operator application in October 2008, and during subsequent biennial requalification medical examinations in 2010 and 2012. Ginna also did not request an amended license with a condition to account for the medical issue until July 2014.

The NRC has concluded that both violations occurred as a result of the contract medical personnels failing to follow Ginnas prescribed processes. Accordingly, these violations have been categorized collectively as a Severity Level (SL) III problem to emphasize the importance of providing suitable training, oversight, and focus on licensed operator medical requirements.

In accordance with the NRC Enforcement Policy, a base civil penalty in the amount of $70,000 is considered for a SL III problem involving a power reactor licensee. Because your facility has not been the subject of escalated traditional enforcement actions within the last 2 years, the NRC considered whether credit was warranted for Corrective Action in accordance with the civil penalty assessment process in Section 2.3.4 of the Enforcement Policy. The NRC has concluded that credit is warranted for Ginnas corrective actions. Specifically, the inspectors confirmed during the inspection that Ginna: (1) requested the NRC amend the operators license to include a restriction for the use of prescribed medication for hypertension (on August 28, 2014, the NRC issued the amended license with the new restriction); (2) initiated a Root Cause Evaluation that included an extent of condition review of all operators to determine if there are any further unknown medical conditions; (3) trained licensee medical personnel on NRC medical restriction requirements; and (4) implemented a process to audit medical records annually.

Therefore, to encourage prompt and comprehensive correction of violations, and in recognition of the absence of previous escalated traditional 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: (1) the reasons for the violations; (2) the actions planned or already taken to correct the violations and prevent recurrence; and (3) the date when full compliance was achieved, is already adequately addressed on the docket in either Inspection Report 05000244/2014005 or in this letter. 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.

In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter and its enclosure will be made available electronically for public inspection in the NRC Public Document Room and in the NRCs Agencywide Documents Access and Management 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. If personal privacy or proprietary information is necessary to provide an acceptable response, 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 information, 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).

The NRC also includes significant enforcement actions on its Web site at (http://www.nrc.gov/reading-rm/doc-collections/enforcement/actions/).

Sincerely,

/RA/

Daniel H. Dorman Regional Administrator Docket No. 50-244 License No. DPR-18 Enclosure: Notice of Violation cc w/enclosure: Distribution via ListServ