ML15328A352
| ML15328A352 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 11/24/2015 |
| From: | Ray Lorson Division of Reactor Safety I |
| To: | Heacock D Dominion Resources |
| Cherie Crisden | |
| References | |
| 1-2014-024, EA-15-132 1-2014-024, EA-15-132 | |
| Download: ML15328A352 (5) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION REGION I 2100 RENAISSANCE BLVD., SUITE 100 KING OF PRUSSIA, PA 19406-2713 November 24, 2015 EA-15-132 Mr. David A. Heacock President and Chief Nuclear Officer Dominion Resources 5000 Dominion Blvd.
Glen Allen, VA 23060-6711
SUBJECT:
NRC INVESTIGATION REPORT NO. 1-2014-024
Dear Mr. Heacock:
This letter refers to an investigation conducted by the U.S. Nuclear Regulatory Commission (NRC) Office of Investigations (OI) conducted at Millstone Power Station (Millstone) operated by Dominion Nuclear Connecticut, Inc. (Dominion). The investigation was initiated after the NRC received notification from Dominion on March 27, 2014, after being informed of the issue by the Cianbro office. The investigation, which was completed on June 23, 2015, was conducted to determine whether a former contract first line supervisor (FLS) employed by Cianbro, Inc.
(Cianbro) at Millstone deliberately failed to implement the Dominion fitness-for-duty (FFD) program by circumventing FFD requirements of pre-employment screening for a prospective contract welder who was to perform work in the protected area.
The issue involved a Cianbro welder who, on February 24, 2014, was performing in-processing activities to gain unescorted access authorization (UAA) to Millstone in order to perform work during a refueling outage. The employee informed the FLS that he would likely not pass the FFD test required by NRC and Dominion to gain UAA because he had used an illegal substance a couple of weeks earlier.
10 CFR 26.27(a) requires, in part, that licensees establish, implement, and maintain, written policies and procedures to meet the requirements of 10 CFR Part 26. 10 CFR 26.27(b)(10) requires a licensees FFD policy to describe the requirements of supervisors to report FFD concerns. In accordance with Dominions FFD implementing procedure, SY-AA-FFD-101, Fitness for Duty Program, Section 3.19, Determinations of Fitness, the FLS was required to complete a Management Action Report and contact the Millstone Fitness for Duty Administrator so that FFD testing could be performed. However, the FLS instead instructed the employee to leave the site to study and return to take the test the following day. The FLS and the employee admitted to OI that study meant to drink a lot of water to dilute the FFD test results.
The employee followed the FLSs instructions and returned to Millstone on February 25 and submitted to an FFD test. The result of the FFD test was positive for an illegal substance.
Cianbro terminated the FLSs employment and Dominion terminated the FLSs site access authorization. Due to the positive FFD test result, the other Cianbro employee was never granted UAA to the site.
Based on the results of the NRC OI investigation, including the FLSs testimony that he knowingly instructed the employee to leave the site to avoid having a positive test, the NRC determined that the FLS engaged in deliberate misconduct that caused Dominion to be in violation of 10 CFR 26.27. Because licensees are responsible for the actions of their employees and contractors, and because the FLSs violation was willful, it was evaluated under the NRCs traditional enforcement process as set forth in Section 2.2.4 of the NRC Enforcement Policy.
After careful consideration, the NRC concluded that this violation should be classified at Severity Level IV. Specifically, the NRC determined that the underlying violation would have been evaluated as having very low significance under the Reactor Oversight Process. In particular, the staff considered that the employee did not have UAA and never entered the site protected area. Further, the staff considered that the FLS: (a) sent the worker away for one day; (b) insinuated he should drink a lot of water; and (c) instructed him to return the following day. The FLS did not instruct the worker to obtain or use an adulterated sample, nor did he instruct the worker to avoid the test altogether. The actions recommended by the FLS were not sufficient to prevent the licensee from detecting the substance. Although the violation was willful, after considering the factors set forth in Section 2.2.1(d) of the NRC Enforcement Policy, the NRC decided not to increase the significance of this violation.
In addition, after considering the factors in Section 2.3.2 of the NRC Enforcement Policy, the NRC determined that a non-cited violation (NCV) is the appropriate action for this violation.
Specifically, the NRC considered the licensees corrective actions in its determination: 1)
Dominion placed the issue into its corrective action program (CR-543277); 2) Dominion restored compliance by conducting the FFD test and denying UAA to the affected employee; 3) the violation was not repetitive as a result of inadequate corrective action; and 4) although the violation was willful, Dominion identified the issue (through its engagement with Cianbro),
notified the NRC, and revoked the FLSs access to Millstone. Further, the violation involved the isolated action of an individual who committed the violation without management involvement and was not the result of a lack of management oversight.
A response to this letter is not required. However, if you contest this NCV or its significance, you should provide a response within 30 days of the date of this letter, with the basis for your denial, to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, D.C. 20555-0001, with copies to the Regional Administrator, Region I, 2100 Renaissance Boulevard, Suite 100, King of Prussia, PA 19406; the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC. 20555-0001; and the NRC Senior Resident Inspector at Millstone. 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. In accordance with 10 CFR 2.390 of the NRCs Rules of Practice, a copy of this letter and your response, if you choose to provide one, will be available electronically for public inspection in the NRC Public Document Room and from the NRCs Agency-wide Documents Access and Management System (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.
Please note that final NRC investigation documents, such as the OI report described in this letter, may be made available to the public under the Freedom of Information Act (FOIA) subject to redaction of information appropriate under the FOIA. Requests under the FOIA should be made in accordance with 10 CFR 9.23, Requests for Records, a copy of which is enclosed for your information.
Should you have any questions regarding this letter, please contact Mr. Raymond K. McKinley at 610-337-5150.
Sincerely,
/RA/
Raymond K. Lorson, Director Division of Reactor Safety
Enclosure:
As stated Docket Nos.
50-336 and 50-423 License Nos. DPR-65 and NPF-49 cc: Distribution via ListServ
NRCs Agency-wide Documents Access and Management System (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.
Please note that final NRC investigation documents, such as the OI report described in this letter, may be made available to the public under the Freedom of Information Act (FOIA) subject to redaction of information appropriate under the FOIA. Requests under the FOIA should be made in accordance with 10 CFR 9.23, Requests for Records, a copy of which is enclosed for your information.
Should you have any questions regarding this letter, please contact Mr. Raymond K. McKinley at 610 337-5150.
Sincerely,
/RA/
Raymond K. Lorson, Director Division of Reactor Safety
Enclosure:
As stated Docket Nos.
50-336 and 50-423 License Nos. DPR-65 and NPF-49 cc: Distribution via ListServ ML15328A352 DOCUMENT NAME:S:\\Enf-allg\\Enforcement\\Proposed-Actions\\Region1\\Millstone LICENSEE NCV Cianbro FFD Subv EA-15-132 final.docx X
SUNSI Review/ CJC*
X Non-Sensitive Sensitive X
Publicly Available
Non-Publicly Available OFFICE RI/ORA RI/ORA RI/DRS RI/DRP RI/DRS RI/ORA NAME M
McLaughlin/CJC for*
N Warnek/ NSS*
R McKinley/RRM* A Burritt/CAB for*
M Scott/JC for*
P Jehle/PAJ*
DATE 11/12/15 11/12/15 11/12/15 11/12/15 11/13/15 11/19/15 OFFICE RI/ORA OGC OE NSIR RI/DRS NAME B Bickett/ BAB*
R Carpenter via email*
D Furst via email*
S Coker via email*
R Lorson/RKL*
DATE 11/20/15 11/04/15 11/04/15 11/04/15 11/23/15 OFFICIAL RECORD
Letter to David Heacock from Raymond K. Lorson dated November 24, 2015 Distribution:
DDorman, RA (R1ORAMAIL Resource)
DLew, DRA (R1ORAMAIL Resource)
MScott, DRP (R1DRPMAIL RESOURCE JColaccino, DRP (R1DRPMAIL RESOURCE RLorson, DRS (R1DRSMAIL RESOURCE)
GSuber, DRS (R1DRSMAIL RESOURCE)
ABurritt, DRP SShaffer, DRP EDiPaolo, DRP JDeBoer, DRP MHenrion, DRP JAmbrosini, DRP, SRI BHaagensen, DRP, RI LMcKown, DRP, RI
, DRP, AA JJessie, RI OEDO RMcKinley, DRS DCaron, DRS DScrenci / NSheehan, PAO BKlukan, ORA BBickett, ORA MMcLaughlin / CCrisden, ORA NWarnek, ORA DBearde, RI NMcNamara / DTifft, RI Enforcement Coordinators RII, RIII, RIV (DGamberoni, RSkokowski, MHay)
SRodriguez, OE DFurst, OE RCarpenter, OGC LCasey, NRR CSanders, NRR SCoker, NSIR JTeator, OI MHolmes, OI RidsNrrPMMillstone Resource RidsNrrDorlLpl1-1 Resource ROPreports Resource
UNITED STATES NUCLEAR REGULATORY COMMISSION REGION I 2100 RENAISSANCE BLVD., SUITE 100 KING OF PRUSSIA, PA 19406-2713 November 24, 2015 EA-15-132 Mr. David A. Heacock President and Chief Nuclear Officer Dominion Resources 5000 Dominion Blvd.
Glen Allen, VA 23060-6711
SUBJECT:
NRC INVESTIGATION REPORT NO. 1-2014-024
Dear Mr. Heacock:
This letter refers to an investigation conducted by the U.S. Nuclear Regulatory Commission (NRC) Office of Investigations (OI) conducted at Millstone Power Station (Millstone) operated by Dominion Nuclear Connecticut, Inc. (Dominion). The investigation was initiated after the NRC received notification from Dominion on March 27, 2014, after being informed of the issue by the Cianbro office. The investigation, which was completed on June 23, 2015, was conducted to determine whether a former contract first line supervisor (FLS) employed by Cianbro, Inc.
(Cianbro) at Millstone deliberately failed to implement the Dominion fitness-for-duty (FFD) program by circumventing FFD requirements of pre-employment screening for a prospective contract welder who was to perform work in the protected area.
The issue involved a Cianbro welder who, on February 24, 2014, was performing in-processing activities to gain unescorted access authorization (UAA) to Millstone in order to perform work during a refueling outage. The employee informed the FLS that he would likely not pass the FFD test required by NRC and Dominion to gain UAA because he had used an illegal substance a couple of weeks earlier.
10 CFR 26.27(a) requires, in part, that licensees establish, implement, and maintain, written policies and procedures to meet the requirements of 10 CFR Part 26. 10 CFR 26.27(b)(10) requires a licensees FFD policy to describe the requirements of supervisors to report FFD concerns. In accordance with Dominions FFD implementing procedure, SY-AA-FFD-101, Fitness for Duty Program, Section 3.19, Determinations of Fitness, the FLS was required to complete a Management Action Report and contact the Millstone Fitness for Duty Administrator so that FFD testing could be performed. However, the FLS instead instructed the employee to leave the site to study and return to take the test the following day. The FLS and the employee admitted to OI that study meant to drink a lot of water to dilute the FFD test results.
The employee followed the FLSs instructions and returned to Millstone on February 25 and submitted to an FFD test. The result of the FFD test was positive for an illegal substance.
Cianbro terminated the FLSs employment and Dominion terminated the FLSs site access authorization. Due to the positive FFD test result, the other Cianbro employee was never granted UAA to the site.
Based on the results of the NRC OI investigation, including the FLSs testimony that he knowingly instructed the employee to leave the site to avoid having a positive test, the NRC determined that the FLS engaged in deliberate misconduct that caused Dominion to be in violation of 10 CFR 26.27. Because licensees are responsible for the actions of their employees and contractors, and because the FLSs violation was willful, it was evaluated under the NRCs traditional enforcement process as set forth in Section 2.2.4 of the NRC Enforcement Policy.
After careful consideration, the NRC concluded that this violation should be classified at Severity Level IV. Specifically, the NRC determined that the underlying violation would have been evaluated as having very low significance under the Reactor Oversight Process. In particular, the staff considered that the employee did not have UAA and never entered the site protected area. Further, the staff considered that the FLS: (a) sent the worker away for one day; (b) insinuated he should drink a lot of water; and (c) instructed him to return the following day. The FLS did not instruct the worker to obtain or use an adulterated sample, nor did he instruct the worker to avoid the test altogether. The actions recommended by the FLS were not sufficient to prevent the licensee from detecting the substance. Although the violation was willful, after considering the factors set forth in Section 2.2.1(d) of the NRC Enforcement Policy, the NRC decided not to increase the significance of this violation.
In addition, after considering the factors in Section 2.3.2 of the NRC Enforcement Policy, the NRC determined that a non-cited violation (NCV) is the appropriate action for this violation.
Specifically, the NRC considered the licensees corrective actions in its determination: 1)
Dominion placed the issue into its corrective action program (CR-543277); 2) Dominion restored compliance by conducting the FFD test and denying UAA to the affected employee; 3) the violation was not repetitive as a result of inadequate corrective action; and 4) although the violation was willful, Dominion identified the issue (through its engagement with Cianbro),
notified the NRC, and revoked the FLSs access to Millstone. Further, the violation involved the isolated action of an individual who committed the violation without management involvement and was not the result of a lack of management oversight.
A response to this letter is not required. However, if you contest this NCV or its significance, you should provide a response within 30 days of the date of this letter, with the basis for your denial, to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, D.C. 20555-0001, with copies to the Regional Administrator, Region I, 2100 Renaissance Boulevard, Suite 100, King of Prussia, PA 19406; the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC. 20555-0001; and the NRC Senior Resident Inspector at Millstone. 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. In accordance with 10 CFR 2.390 of the NRCs Rules of Practice, a copy of this letter and your response, if you choose to provide one, will be available electronically for public inspection in the NRC Public Document Room and from the NRCs Agency-wide Documents Access and Management System (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.
Please note that final NRC investigation documents, such as the OI report described in this letter, may be made available to the public under the Freedom of Information Act (FOIA) subject to redaction of information appropriate under the FOIA. Requests under the FOIA should be made in accordance with 10 CFR 9.23, Requests for Records, a copy of which is enclosed for your information.
Should you have any questions regarding this letter, please contact Mr. Raymond K. McKinley at 610-337-5150.
Sincerely,
/RA/
Raymond K. Lorson, Director Division of Reactor Safety
Enclosure:
As stated Docket Nos.
50-336 and 50-423 License Nos. DPR-65 and NPF-49 cc: Distribution via ListServ
NRCs Agency-wide Documents Access and Management System (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.
Please note that final NRC investigation documents, such as the OI report described in this letter, may be made available to the public under the Freedom of Information Act (FOIA) subject to redaction of information appropriate under the FOIA. Requests under the FOIA should be made in accordance with 10 CFR 9.23, Requests for Records, a copy of which is enclosed for your information.
Should you have any questions regarding this letter, please contact Mr. Raymond K. McKinley at 610 337-5150.
Sincerely,
/RA/
Raymond K. Lorson, Director Division of Reactor Safety
Enclosure:
As stated Docket Nos.
50-336 and 50-423 License Nos. DPR-65 and NPF-49 cc: Distribution via ListServ ML15328A352 DOCUMENT NAME:S:\\Enf-allg\\Enforcement\\Proposed-Actions\\Region1\\Millstone LICENSEE NCV Cianbro FFD Subv EA-15-132 final.docx X
SUNSI Review/ CJC*
X Non-Sensitive Sensitive X
Publicly Available
Non-Publicly Available OFFICE RI/ORA RI/ORA RI/DRS RI/DRP RI/DRS RI/ORA NAME M
McLaughlin/CJC for*
N Warnek/ NSS*
R McKinley/RRM* A Burritt/CAB for*
M Scott/JC for*
P Jehle/PAJ*
DATE 11/12/15 11/12/15 11/12/15 11/12/15 11/13/15 11/19/15 OFFICE RI/ORA OGC OE NSIR RI/DRS NAME B Bickett/ BAB*
R Carpenter via email*
D Furst via email*
S Coker via email*
R Lorson/RKL*
DATE 11/20/15 11/04/15 11/04/15 11/04/15 11/23/15 OFFICIAL RECORD
Letter to David Heacock from Raymond K. Lorson dated November 24, 2015 Distribution:
DDorman, RA (R1ORAMAIL Resource)
DLew, DRA (R1ORAMAIL Resource)
MScott, DRP (R1DRPMAIL RESOURCE JColaccino, DRP (R1DRPMAIL RESOURCE RLorson, DRS (R1DRSMAIL RESOURCE)
GSuber, DRS (R1DRSMAIL RESOURCE)
ABurritt, DRP SShaffer, DRP EDiPaolo, DRP JDeBoer, DRP MHenrion, DRP JAmbrosini, DRP, SRI BHaagensen, DRP, RI LMcKown, DRP, RI
, DRP, AA JJessie, RI OEDO RMcKinley, DRS DCaron, DRS DScrenci / NSheehan, PAO BKlukan, ORA BBickett, ORA MMcLaughlin / CCrisden, ORA NWarnek, ORA DBearde, RI NMcNamara / DTifft, RI Enforcement Coordinators RII, RIII, RIV (DGamberoni, RSkokowski, MHay)
SRodriguez, OE DFurst, OE RCarpenter, OGC LCasey, NRR CSanders, NRR SCoker, NSIR JTeator, OI MHolmes, OI RidsNrrPMMillstone Resource RidsNrrDorlLpl1-1 Resource ROPreports Resource