ML16341F526

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Discusses Insp Repts 50-275/89-29 & 50-323/89-29 on 891120-22 & Forwards Notice of Violation
ML16341F526
Person / Time
Site: Diablo Canyon  Pacific Gas & Electric icon.png
Issue date: 02/02/1990
From: Martin J
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION V)
To: Shiffer J
PACIFIC GAS & ELECTRIC CO.
Shared Package
ML16341F527 List:
References
EA-89-240, NUDOCS 9002070436
Download: ML16341F526 (6)


See also: IR 05000275/1989029

Text

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UNITED STATES

NUCLEAR REGULATORY COMMISSION

REGION V

1150 MARIALANE,SUITE 210

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WALNUTCREEK, CALIFORNIASl596

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Docket Nos.

50-275

and 50-323

FEB

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License

Nos.

DPR 80 and

DPR 82

EA 89-240

Pacific Gas

and Electric Company

ATTN:

Mr. J.

D. Shiffer, Senior Vice President

and General

Manager,

Nuclear

Power Generation

77 Beale Street,

Room 1451

San Francisco,

California

94106

Gentlemen:

SUBJECT:

NOTICE OF VIOLATION (NRC INSPECTION

REPORT

NOS.

50-275/89-29

and

50-323/89-29)

This refers to the Nuclear Regulatory

Commission inspection

conducted

on

November 20-22,

1989 at Diablo Canyon.

The inspection included

a review of the

circumstances

surrounding the assumption,

from September

1, 1988 to January

6,

'1989,

of senior licensed operator duties by a formerly licensed senior operator.

The staffinq policies for the position referred to in the Technical Specifica-

tions as Shrift Supervisor

were also reviewed.

The report documenting this

inspection

was sent to you by letter dated

December

14, 1989.

As a result of

this inspection

a significant failure to comply with NRC regulatory require-

ments

was ident>fied',

and accordingly,

NRC concerns relative to the inspection

findings were discussed

in an Enforcement

Conference

held on December

19,

1989.

The summary of the Enforcement

Conference

was sent to you by letter dated

December 28, 1989.

You provided

a clarification of PG8E

s position as discussed

during the Fnforcement

Conference

in a letter dated January

5, 1990.

The violation described in the enclosed

Notice of Violation (Notice) involved

a formerly licensed senior operator

assigned to the shift supervisor position

with responsibilities for directing overall plant operation

from September

1,

1988 to January 6, 1989.

We recognize that you created

the position you term

shift supervisor in January

1988 to improve safety of operations

by the addition

of an on shift management

position and that the required

minimum numbers of

licensed senior operators

and operators

were always assigned

to the

common control

room.

We also recognize that the operator at issue

was experienced

and

he

questioned

the assignment,

but the Assistant Plant Manager inadequately

resolved

the matter by changing the shift. supervisors activities in certain cases.

How-

ever,

10. CFR 50;54(m)(2)(ii) requires that there

be

a person holding a Senior

Reactor Operator License for,all fueled units at the site,

assigned

responsi-

bility for overall plant operations at all times.

Technical Specification 6.2.2

implements that requirement

by designating

the Shift Supervior position,

as

requiring a Senior Reactor Operator license.

The importance of holding a

senior operator

license fo'r the Diablo Canyon Shift Supervisor position, which

intervenes

between

the Operations

Manager

and the on duty shift organization,

flows from the fact that these individuals have overall plant responsibility,

emergency

on shift duties,

and both Unit's Shift Foreman report directly to

them in the performance of their duties.

We further note that the other five

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Pacific Gas

and Electric Company

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shift supervisors

were granted credit for performinq licensed duties

by your

training organization for the purpose of license maintenance.

Me cannot,

therefore,

distinguish between individuals in this position performing licensed

and non-licensed activities.

In accordance

with the "General

Statement

of Policy and Procedure for NRC

Enforcement Actions," 10 CFR Part 2, Appendix

C (1989), the violation described

in the enclosed

Notice has

been categorized

as

a Severity Level III violation.

A civil penalty is normally proposed .for a Severity Level III violation.

However

after consultation with the Director, Office of Enforcement,

and the Deputy

Executive Director for Nuclear Material Safety, Safeguards,

and Operations

Support, I have decided that a civil penalty will not be proposed in this case

because

of your corrective action and general

good overall past performance.

No other factors were

deemed appropriate for the purposes

of this enforcement

action.

Mith regard to our previous concerns with your staffing policy, you indicated

during the enforcement

conference that station administrative procedures

would

be revised to better define the relationship

between the Shift Supervisor

(SS)

and Shift Foreman

(SFM) for the Control

Room

Command function.

Additionally,

the annual

V. P. letter to all station personnel will explain the

SS/SFM roles.

Me have

no further concerns

for this issue

upon completion of these actions.

You are required to respond to this letter and should follow the instruction

specified in the enclosed

Notice when preparing your. response.

In your

response,

you should document the specific actions

taken

and any additional

actions you plan to prevent recurrence.

After reviewing your response

to the

Notice, including your proposed corrective actions

and results of future

inspections,

the

NRC will determine

whether further

NRC enforcement action is

necessary

to ensure

compliance with NRC regulatory requirements.

In accordance

with Section 2.790 of the NRC's "Rules of Practice," Part 2,

Title 10,

Code of Federal

Regulations,

a copy of this letter and its

enclosure will be placed in the

NRC Public Document

Room.

The responses

directed

by this letter and the enclosed

Notice are not subject

to the clearance

procedures

of the Office of Management

and Budget as

required by the Paperwork Reduction Action of 1980,

Pub.

L. No.95-511.

cere

Enclosure:

Notice of Violation

John

B. Martin

Regional Administrator

cc w/enclosure:

J.

A. Sexton,

PG8E

J.

D. Townsend,

PG&E (Diablo Canyon)

R.

F.

Locke,

PG&E

D. Taggart,

PG&E (Diablo Canyon)

T.

L. Grebel,

PG&E (Diablo Canyon)

News Services,

PG&E (Diablo Canyon)

State of California

Pacific Gas

and Electric Company

DISTRIBUTION:,

SECY

CA

JTaylor,

EDO

HThompson,

DEDS'Lieberman,OE

JBMar tin,

RV

JGoldberg,

OGC

TMurley,

NRR

JPartlow,

NRR

Enforcement Coordinators

RI, RII, 'RIII, RIV,

RV

Resident Inspector

Project Manager

GCook,

RV

BFaulkenberry,

RV

NWestern,

RV

FIngram,

GPA/PA

BHayes,

OI

EJordan,

AEOD

WTroskoski,. OE

OE; Chron

OE: EA

DCS

bcc w/enclosure:

Docket File

Resident

Inspector

=Project Inspector

G.

Cook

'B. Faulkenberry

J. Martin

R. Nease,

NRR

M. Smith.

J. Zollicoffer

A. Johnson

N. Western

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