ML15089A393
| ML15089A393 | |
| Person / Time | |
|---|---|
| Site: | Fort Calhoun  |
| Issue date: | 03/30/2015 |
| From: | Vincent Gaddy Operations Branch IV |
| To: | Cortopassi L Omaha Public Power District |
| References | |
| EA-15-020 IR 2015010 | |
| Download: ML15089A393 (15) | |
See also: IR 05000285/2015010
Text
UNITED STATES
NUCLEAR REGULATORY COMMISSION
REGION IV
1600 E. LAMAR BLVD
ARLINGTON, TX 76011-4511
March 30, 2015
Lou Cortopassi, Vice President
and Chief Nuclear Officer
Omaha Public Power District
Fort Calhoun Station FC-2-4
P.O. Box 550
Fort Calhoun, NE 68023-0550
SUBJECT: FORT CALHOUN STATION - NRC LICENSED OPERATOR
REQUALIFICATION INSPECTION 05000285/2015010 AND NOTICE OF
VIOLATION
Dear Mr. Cortopassi:
On March 5, 2015, the U.S. Nuclear Regulatory Commission (NRC) completed an inspection at
your Fort Calhoun Station to review the circumstances surrounding your failure to provide
complete and accurate information to the NRC regarding licensed operator medical
examinations. The NRC inspectors discussed the results of this inspection with Mr. Sonny
Dean, Plant Manager, and other members of your staff. Inspectors documented the results of
this inspection in the enclosed inspection report.
The enclosed inspection report discusses a Severity Level IV violation. The NRC evaluated this
violation in accordance Section 2.3.2.a of the NRC Enforcement Policy, which appears on the
NRCs Web site at http://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html.
Although this violation has been placed in the corrective action program, a Notice of Violation is
being issued and a response is being required for the NRC to better understand: (1) the cause
of the failure to perform complete medical examinations as required, (2) the extent of condition
for the failure to provide complete and accurate information and for the failure to meet the
applicable ANSI standard, and (3) the corrective actions taken and planned at this time to
assure all information submitted to the NRC is complete and accurate in all material respects.
You are required to respond to this letter and should follow the instructions specified in the
enclosed Notice when preparing your response. If you have additional information that you
believe the NRC should consider, you may provide it in your response to the Notice. The NRCs
review of your response to the Notice will also determine whether further enforcement action is
necessary to ensure your compliance with regulatory requirements.
L. Cortopassi -2-
If you contest the violation or significance of the NOV, you should provide a response within
30 days of the date of this inspection report, with the basis for your denial, to the U.S. Nuclear
Regulatory Commission, ATTN: Document Control Desk, Washington DC 20555-0001; with
copies to the Regional Administrator, Region IV; the Director, Office of Enforcement,
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; and the NRC resident
inspector at the Fort Calhoun Station.
In accordance with Title 10 of the Code of Federal Regulations 2.390, Public Inspections,
Exemptions, Requests for Withholding, of the NRC's "Rules of Practice and Procedure," a copy
of this letter, its enclosure, and your response (if any) will be available electronically for public
inspection in the NRCs Public Document Room or from the Publicly Available Records (PARS)
component of the NRC's Agencywide Documents Access and Management System (ADAMS).
ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the
Public Electronic Reading Room).
Sincerely,
/RA/ Clyde C. Osterholtz for
Vincent G. Gaddy, Branch Chief
Operations Branch
Division of Reactor Safety
Docket No. 05000285
License No. DPR-40
Enclosures:
1. Notice of Violation
2. Inspection Report 05000285/2015010
w/Attachment: Supplemental Information
cc w/ encl: Electronic Distribution
SUNSI Review ADAMS Publicly Available Non-Sensitive Keyword: SUNSI Review
By: VGG Yes No Non-Publicly Available Sensitive Complete; NRC-002
OFFICE OE:OB OE:OB C:OB C:RPD C:ACES C:OB
NAME TBuchanan/dch SHedger VGaddy MHay NTaylor VGaddy
SIGNATURE /RA/ /RA/ /RA/ /RA/ /RA/ /RA/CCO for
DATE 3/23/15 3/23/15 3/26/15 3/26/15 3/30/15 3/30/15
Letter to Lou Cortopassi from Vincent G. Gaddy, dated March 30, 2015
SUBJECT: FORT CALHOUN STATION - NRC LICENSED OPERATOR
REQUALIFICATION INSPECTION 05000285/2015010 AND NOTICE OF
VIOLATION
Electronic distribution by RIV:
Regional Administrator (Marc.Dapas@nrc.gov)
Deputy Regional Administrator (Kriss.Kennedy@nrc.gov)
DRP Director (Troy.Pruett@nrc.gov)
Acting DRP Deputy Director (Thomas.Farnholtz@nrc.gov)
DRS Director (Anton.Vegel@nrc.gov)
DRS Deputy Director (Jeff.Clark@nrc.gov)
Senior Resident Inspector (Max.Schneider@nrc.gov)
Resident Inspector (Brian.Cummings@nrc.gov)
FCS Site Administrative Assistant (Janise.Schwee@nrc.gov)
Branch Chief, DRP (Michael.Hay@nrc.gov)
Senior Project Engineer, DRP (Robert.Hagar@nrc.gov)
Project Engineer, DRP (Jan.Tice@nrc.gov)
RIV Public Affairs Officer (Victor.Dricks@nrc.gov)
RIV Public Affairs Officer (Lara.Uselding@nrc.gov)
NRR Project Manager (Fred.Lyon@nrc.gov)
RIV Branch Chief, DRS/TSB (Geoffrey.Miller@nrc.gov)
RIV RITS Coordinator (Marisa.Herrera@nrc.gov)
RIV Regional Counsel (Karla.Fuller@nrc.gov)
Congressional Affairs Officer (Jenny.Weil@nrc.gov)
RIV Congressional Affairs Officer (Angel.Moreno@nrc.gov)
OEWebResource@nrc.gov
OEWEB Resource (Sue.Bogle@nrc.gov)
Technical Support Assistant (Loretta.Williams@nrc.gov)
RIV/ETA: OEDO (Michael.Waters@nrc.gov)
RIV RSLO (Bill.Maier@nrc.gov)
ACES (R4Enforcement.Resource@nrc.gov)
ROPReports
NOTICE OF VIOLATION
Omaha Public Power District Docket No. 50-285
Fort Calhoun Station License No. DPR-40
During an NRC inspection completed on March 5, 2015, a violation of NRC requirements was
identified. In accordance with the NRC Enforcement Policy, the violation is listed below:
Title 10 of the Code of Federal Regulations (10 CFR) 50.9 requires, in part, that
information provided to the Commission by an applicant for a license or by a licensee or
information required by statue or by the Commissions regulations, orders, or license
conditions to be maintained by the applicant or the licensee shall be complete and
accurate in all material respects.
Title 10 of the Code of Federal Regulations 55.21 requires, in part, that an applicant for a
license shall have a medical examination by a physician and the licensee shall have a
medical examination by a physician every two years. The physician shall determine that
the applicant or licensee meets requirements of Section 55.33(a)(1).
Title 10 of the Code of Federal Regulations 55.33(a)(1) requires, in part, that applicants'
medical condition and general health will not adversely affect the performance of
assigned operator job duties or cause operational errors endangering public health and
safety.
Title 10 of the Code of Federal Regulations 55.23 requires, in part, that to certify the
medical fitness of the applicant, an authorized representative of the facility licensee shall
complete and sign NRC Form 396, Certification of Medical Examination by Facility
Licensee.
Nuclear Regulatory Commission Form 396, when signed by an authorized
representative of the facility licensee, certifies that a physician conducted a medical
examination of the applicant and that the guidance contained in American National
Standards Institute/American Nuclear Society (ANSI/ANS) Standard 3.4-1996, Medical
Certification and Monitoring of Personnel Requiring Operator Licenses for Nuclear
Power Plants, was followed in conducting the examination and making the
determination of medical qualification.
American National Institute/American Nuclear Society Standard 3.4-1996, Section 5.3,
provides specific minimum capacities required for medical qualifications. Section 5.3.1
requires, in part, ability to detect marker gases and products of combustion by
provocation testing.
Contrary to the above, prior to April 3, 2014, the facility licensee provided information to
the NRC that was not complete and accurate in all material respects. Specifically, the
facility licensee had not completed medical examinations of licensed operators in
-1- Enclosure 1
accordance with ANSI/ANS Standard 3.4-1996. The licensee submitted numerous
NRC Forms 396 for renewal of senior reactor operator and reactor operator licenses,
and for initial license applicants, that certified that the applicants met the medical
requirements of ANSI/ANS Standard 3.4-1996 when, in fact, olfactory (combustion
product odor) testing had not been conducted.
This violation is a Severity Level IV violation (Section 6.4).
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 Fort Calhoun Station
within 30 days of the date of the letter transmitting this Notice of Violation (Notice). This reply
should be clearly marked as a Reply to Notice of Violation; EA 15-020, 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 previous 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 Agencywide Documents Access and
Management System (ADAMS), accessible from the NRC website at
http://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).
Dated this 30th day of March 2015.
-2-
U.S. NUCLEAR REGULATORY COMMISSION
REGION IV
Docket: 05000285
License: DPR-40
Report: 05000285/2015010
Facility: Fort Calhoun Station
Location: 9610 Power Lane
Blair, NE 68008
Dates: November 17, 2014, through March 5, 2015
Inspector(s): T. Buchanan, Operations Engineer
S. Hedger, Operations Engineer
Approved By: Vince G. Gaddy,
Chief, Operations Branch
Division of Reactor Safety
-1- Enclosure 2
SUMMARY
IR 05000285/2015010; 11/17/2014 - 03/05/2015; Fort Calhoun Station, Licensed Operator
Requalification.
The report covered a three-month period of inspection by two region-based inspectors of
licensee and NRC documents in the area of Operator Licensing. NRC inspectors documented
one Severity Level IV violation that was evaluated in accordance with Section 2.3.2.a of the
NRC Enforcement Policy. Although this violation has been placed in the corrective action
program, a Notice of Violation is being issued and a response is being required for the NRC to
better understand: (1) the cause of the failure to perform complete medical examinations as
required, (2) the extent of condition for the failure to provide complete and accurate information
and for the failure to meet the applicable ANSI standard, and (3) the corrective actions taken
and planned at this time to assure all information submitted to the NRC is complete and
accurate in all material respects. The significance of most findings is indicated by their color
(Green, White, Yellow, or Red) using Inspection Manual Chapter 0609, Significance
Determination Process. The cross-cutting aspect is determined using Inspection Manual
Chapter 0310, Components Within the Cross Cutting Areas. Findings for which the
significance determination process does not apply may be Green or be assigned a severity level
after NRC management review. The NRC's program for overseeing the safe operation of
commercial nuclear power reactors is described in NUREG-1649, Reactor Oversight Process,
Revision 4, dated December 2006.
A. NRC-Identified Findings and Self-Revealing Findings
No violations of significance were identified.
B. Licensee-Identified Violations
SL-IV: On April 3, 2014, during performance of a self-assessment, the licensee
identified a Severity Level IV violation of 10 CFR 50.9, Completeness and Accuracy of
Information, for the Fort Calhoun Stations failure to perform combustion order testing
as required in American National Standards Institute Standard 3.4-1996 for physical
examinations of licensed operators and as documented in NRC Form 396, Certification
of Medical Examination by Facility Licensee. Although licensed operators were
subsequently tested and found to have passed the olfactory tests, this failure had
regulatory significance because the incomplete and inaccurate information was provided
under a signed statement to the NRC and impacted numerous licensing decisions.
The failure to maintain information required by the Commissions regulations complete
and accurate in all material respects in accordance with 10 CFR 50.9 was a
performance deficiency. The failure to properly perform medical examinations in
accordance with ANS/ANSI 3.4-1996 as documented on NRC Form 396 was a
performance deficiency and a violation of 10 CFR 50.9, Completeness and Accuracy of
Information. Traditional enforcement applied to this finding because it involved a
violation that impacted the regulatory process. Assessing the violation in accordance
with the Enforcement Policy, the team determined it to be of Severity Level IV because
all the licensed operators subsequently passed the combustion odor testing
-2-
(Enforcement Policy Example 6.4.d.1(c)). A cross-cutting aspect was not assigned as
this was a traditional enforcement violation without an associated reactor oversight
process finding. (Section 1R11)
-3-
REPORT DETAILS
1. REACTOR SAFETY
Cornerstones: Initiating Events, Mitigating Systems, Barrier Integrity, and
1R11 Licensed Operator Requalification (71111.11B)
.1 Biennial Inspection
a. Inspection Scope
The inspectors reviewed licensee records and related NRC regulations associated with
operator licensing. The inspectors verified licensee actions to comply with medical
standards delineated in American National Standards Institute/American Nuclear Society
(ANSI/ANS) Standard 3.4-1996, Medical Certification and Monitoring of Personnel
Requiring Operator Licenses for Nuclear Power Plants, and with 10 CFR 55.21,
Medical examination; 10 CFR 55.23, Certification; 10 CFR 55.33, Disposition of an
initial application; and 10 CFR 55.53, Conditions of licenses. The inspectors reviewed
Condition Report CR-2014-05108 and its associated corrective actions.
b. Findings
1. Introduction. On April 3, 2014, during performance of a self-assessment, the licensee
identified a Severity Level IV cited violation of 10 CFR 50.9, Completeness and
Accuracy of Information, for the Fort Calhoun Stations failure to perform combustion
order testing as required in American National Standards Institute Standard 3.4-1996 for
physical examinations of licensed operators and as documented in NRC Form 396,
Certification of Medical Examination by Facility Licensee. Although licensed operators
were subsequently tested and found to have passed the olfactory tests, this failure had
regulatory significance because the incomplete and inaccurate information was provided
under a signed statement to the NRC and impacted numerous licensing decisions.
Description. Applicants for licensed reactor operator and senior reactor operator
positions are required to be medically examined as part of the licensees initial operator
license program. Similarly, previously qualified operator licenses expire every six years
and must be renewed to allow the operator to continue to perform license duties. When
a license renewal occurs, the licensee must submit an NRC Form 398, Personal
Qualification Statement - Licensee, and an NRC Form 396, Certification of Medical
Examination by Facility Licensee, (required by 10 CFR 55.21) to the NRC. The NRC
Form 396 certifies, when signed by a senior facility licensee official, that the operator has
been examined by a doctor and meets the medical standards in the ANSI/ANS 3.4
edition specified.
Additionally, Information Notice 2004-20, Recent Issues Associated with NRC Medical
Requirements for Licensed Operators, was issued November 24, 2004, discussing
problems identified in licensees implementation of medical examinations for applicants
-4-
and holders of licensed operators. An example was provided where a facility licensee
identified that some tests specified in the ANSI standard (specifically nose sensitivity and
neurological testing) had not been completed for any of its licensed operators. The
information notice reminded licensees that licensed operators and the personnel who
perform and interpret their medical examinations need to be familiar with the regulatory
requirements and guidelines. Another Information Notice, IN 2009-21, Incomplete
Medical Testing for Licensed Operators, issued September 30, 2009, discusses
additional examples where facility licensees failed to perform all ANSI Standard 3.4
required medical testing, including another example where olfactory testing was not
completed.
On April 3, 2014, while performing a self-assessment, the licensee identified that one
ANSI standard requirement for the physical examination was not being administered as
part of the medical examination. Specifically, ANS/ANSI 3.4-1996, Section 5.3.1,
required operators be able to detect odor of products of combustion. The licensee
documented this condition on Condition Report CR-2014-05108.
By April 25, 2014, all licensed operators assigned to the control room were subjected to
olfactory testing prior to assuming shift responsibilities. All licensed operators submitted
to, and passed, olfactory testing.
During the review of this issue, the licensee determined that there were no records of
testing requirements for products of combustion (olfactory testing) ever being performed.
Prior to April 3, 2014, NRC Region IV issued and renewed numerous operator licenses
based on the NRC Form 396 signed by the facility licensee stating that licensed
operators (and operator license applicants) had received a medical examination
following the criteria provided by ANS/ANSI 3.4-1996. The information provided to the
NRC in the various license renewal applications (and initial license applications) was
material to the NRC licensing action. Because the license applications inappropriately
certified on NRC Form 396 that the requirements of ANS/ANSI Standard 3.4-1996 were
met, licensing actions were taken by NRC Region IV that were incorrect. Because the
licensee failed to provide complete and accurate information to the NRC in the license
renewal applications (and initial license applications), this was identified as a SL-IV
violation of 10 CFR 50.9.
Analysis: The failure to maintain information required by the Commissions regulations
complete and accurate in all material respects in accordance with 10 CFR 50.9 was a
performance deficiency. The failure to properly perform medical examinations in
accordance with ANS/ANSI Standard 3.4-1996 as documented on NRC Form 396 was a
performance deficiency and a violation of 10 CFR 50.9, Completeness and Accuracy of
Information. Traditional enforcement applied to this finding because it involved a
violation that impacted the regulatory process. Assessing the violation in accordance
with the Enforcement Policy, the team determined it to be of Severity Level IV because
all the licensed operators subsequently passed the combustion odor testing
(Enforcement Policy example 6.4.d.1(c)). A cross-cutting aspect was not assigned as
this was a traditional enforcement violation without an associated reactor oversight
process finding.
-5-
Enforcement: Title 10 of the Code of Federal Regulations (10 CFR) 50.9 requires, in
part, that information provided to the Commission by an applicant for a license or by a
licensee or information required by statue or by the Commissions regulations, orders, or
license conditions to be maintained by the applicant or the licensee shall be complete
and accurate in all material respects. Title 10 of the Code of Federal Regulations 55.21
requires, in part, that an applicant for a license shall have a medical examination by a
physician and the licensee shall have a medical examination by a physician every two
years. The physician shall determine that the applicant or licensee meets requirements
of Section 55.33(a)(1). Title 10 of the Code of Federal Regulations 55.33(a)(1) requires,
in part, that applicants medical condition and general health will not adversely affect the
performance of assigned operator job duties or cause operational errors endangering
public health and safety. Title 10 of the Code of Federal Regulations 55.23 requires, in
part, that to certify the medical fitness of the applicant, an authorized representative of
the facility licensee shall complete and sign NRC Form 396, Certification of Medical
Examination by Facility Licensee.
NRC Form 396, when signed by an authorized representative of the facility licensee,
certifies that a physician conducted a medical examination of the applicant and that the
guidance contained in American National Standards Institute/American Nuclear Society
(ANSI/ANS) Standard 3.4-1996, Medical Certification and Monitoring of Personnel
Requiring Operator Licenses for Nuclear Power Plants, was followed in conducting the
examination and making the determination of medical qualification. ANSI/ANS
Standard 3.4-1996, Section 5.3, provides specific minimum capacities required for
medical qualifications. Section 5.3.1 requires, in part, ability to detect marker gases and
products of combustion by provocation testing.
Contrary to the above, prior to April 3, 2014, the facility licensee provided information to
the NRC that was not complete and accurate in all material respects. Specifically, the
facility licensee had not completed medical examinations of licensed operators in
accordance with ANSI/ANS Standard 3.4-1996. The licensee submitted numerous
NRC Forms 396 for renewal of senior reactor operator and reactor operator licenses,
and for initial license applicants, that certified that the applicants met the medical
requirements of ANSI/ANS Standard 3.4-1996 when, in fact, olfactory (combustion
product odor) testing had not been conducted.
After entering the issue into its corrective action program, the licensee performed
the missing olfactory combustion odor testing on all licensed operators. All operators
passed the test prior to returning to licensed duties. Additionally, the licensee is
planning to hire a site nurse who will have cognizance of the ANS/ANSI
Standard 3.4-1996 requirements for the medical examination of licensed operators.
The team determined that no immediate safety concern remained because all operators
had passed the combustion odor test and procedures had been updated to include this
testing requirement.
Although this violation has been placed in the corrective action program, a Notice of
Violation is being issued and a response is being required for the NRC to better
understand: (1) the cause of the failure to perform complete medical examinations as
required, (2) the extent of condition for the failure to provide complete and accurate
-6-
information and for the failure to meet the applicable ANSI standard, and (3) the
corrective actions taken and planned at this time to assure all information submitted to
the NRC is complete and accurate in all material respects: NOV 05000285/2015010-01,
Failure to Provide Complete and Accurate Information on Licensed Operator
Applications.
4. OTHER ACTIVITIES
4OA6 Meetings
Exit Meeting Summary
The inspectors telephonically exited with Mr. S. Dean, Plant Manager, and other members of
the licensee's staff on the results of the licensed operator requalification program inspection on
March 5, 2015. The licensee representatives acknowledged the findings presented. The
inspectors asked the licensee whether any materials examined during the inspection should be
considered proprietary. No proprietary information was identified.
-7-
SUPPLEMENTAL INFORMATION
KEY POINTS OF CONTACT
Licensee Personnel
S. Shea, Operations Training Manager
C. Verdoni, Supervisor, Operations Training (Requalification)
R. Peter, Licensing Coordinator
E. Matzke, Senior Nuclear Licensing Engineer
R. Lowery, Senior Operations Training Instructor
NRC Personnel
M. Schneider, Senior Resident Inspector
LIST OF ITEMS OPENED, CLOSED, AND DISCUSSED
Opened
05000285/2015010-01 NOV Failure to Provide Complete and Accurate Information on Licensed
Operator Applications
A-1 Attachment
LIST OF DOCUMENTS REVIEWED
Section 1R11: Licensed Operator Requalification
Procedures
Number Title Revision
TQ-AA-150 Operator Training Programs 10
OPD-3-11 License Activation and Watchstation Maintenance 19
SO-G-64 Medical Examination Program for Worker Qualification 35
SO-O-42 Notification to the NRC of Licensed Personnel Disability, 8
Permanent Reassignment or Termination
OP-AA-105-102 NRC Active License Maintenance 11
TQ-AA-224 Exelon Nuclear Training - Implementation Phase 8
FC-1300A Instructions for Completing Medical Examinations 6
Miscellaneous
Number Title Date
RA 2013-3620 Focused Area Self-Assessment: 71111.11b Compliance October 31, 2014
Condition Reports
2013-05070 2013-05570 2013-16631 2013-19712 2013-23048
2014-01221 2014-01671 2014-01672 2014-05108 2014-06806
2014-09826 2014-11190 2014-11379 2014-11493 2014-12933
2014-14104 2014-14105 2014-14148 2014-14190
A-2