ML16321A462
| ML16321A462 | |
| Person / Time | |
|---|---|
| Site: | Browns Ferry  |
| Issue date: | 11/16/2016 |
| From: | Robert Fretz NRC/OE |
| To: | Tennessee Valley Authority |
| Figueroa G | |
| References | |
| EA-16-064 EN 16-025 | |
| Download: ML16321A462 (2) | |
Text
November 16, 2016 EN 16-025 OFFICE OF ENFORCEMENT NOTIFICATION OF SIGNIFICANT ENFORCEMENT ACTION Licensee: Tennessee Valley Authority EA-16-064 Browns Ferry Nuclear Plant Docket No.: 50-259, 50-260, and 50-296
Subject:
NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY - $ 140,000 This is to inform the Commission that a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $ 140,000 will be issued on or about November 21, 2016, to Tennessee Valley Authority (the licensee) for a Severity Level (SL) III violation.
The violation involved five contract fire watch employees who deliberately failed to conduct compensatory roving fire watch patrols, contrary to the requirements in Title 10 of the Code of Federal Regulations (10 CFR) 50.48, Fire Protection.
The licensee was given the opportunity to: (1) respond in writing, (2) request a Predecisional Enforcement Conference (PEC), or (3) participate in an Alternative Dispute Resolution mediation session. The licensee requested a PEC and it was conducted on September 27, 2016. At the conference, the licensee accepted the violation, including the willful aspects, and provided details of the significance, root causes, and corrective actions.
In accordance with the Enforcement Policy, a base civil penalty in the amount of $140,000 is considered for a SL III violation. Because the violation was willful, the NRC considered whether credit was warranted for Identification and Corrective Action in accordance with the civil penalty assessment process in Section 2.3.4 of the Enforcement Policy. Credit was not warranted for identification. However, credit for corrective action was warranted. The corrective actions included: (1) permanent removal of involved fire watch individuals from all work activities, (2) briefing to all fire watch personnel communicating the fire watch procedural requirements and expectations, (3) procedure revision requiring fire operations personnel to perform weekly, unannounced, random observations of fire watch personnel, and (4) random quarterly verification of security card reader information by operations and fire operations management to ensure that fire watch personnel spend the appropriate time in required areas.
It should be noted that the licensee has not been specifically informed of the enforcement action. The schedule of issuance and notification is:
Mailing of Notice November 21, 2016 Telephone Notification of Licensee November 21, 2016 The State of Alabama will be notified.
CONTACTS: Gladys Figueroa, OE, (301) 287-9497 Robert Fretz, OE, (301) 287-9235
ELECTRONIC DISTRIBUTION: EN-16-025, November 16, 2016 OWFN OWFN TWFN Regional Offices Chairman Burns EDO OCFO RI RII Comm. Svinicki DEDR OIS RIII RIV Comm. Baran DEDMRT RES SECY OE ACRS OCA OGC NMSS MAIL OPA NRR NRO OE staff OIP OI OIG 3WFN NSIR OP Center DISTRIBUTION:
PHolahan, OE OE R/F EN binder ADAMS Accession Number: ML16321A462 OFFICE OE/EB: ES OE/EB: BC NAME GFigueroa RFretz DATE 11/16/2016 11/16/2016 OFFICIAL RECORD COPY