ML17059C362

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Refers to NRC Investigation 1-98-10 Conducted by OI After Util Identified,Investigated & Reported to Nrc,That Former Licensed RO Left Controls of Unit 2 Unattended for Approx Six Minutes on 971224 & Forwards NOV
ML17059C362
Person / Time
Site: Nine Mile Point Constellation icon.png
Issue date: 11/19/1998
From: Miller H
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To: Mueller J
NIAGARA MOHAWK POWER CORP.
Shared Package
ML17059C363 List:
References
EA-98-267, NUDOCS 9811270123
Download: ML17059C362 (8)


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UNITED STATES NUCLEAR REGULATORY COMMISSION REGION I 475 ALLENDALEROAD KING OF PRUSSIA, PENNSYLVANIA16406-1415 November 19, 1998 EA 98-267 Mr. John H. Mueller Chief Nuclear Officer Niagara Mohawk Power Corporation Nine Mile Point Nuclear Station Operations Building, 2nd Floor Post Office Box 63 Lycoming, New York 13093 SUBJECT'OTICE OF VIOLATION (NRC Office of Investigation Report No. 1-98-10)

Dear Mr. Mueller:

This letter refers to the NRC investigation conducted by the NRC Office of Investigations (Ol) after you had identified, investigated, and reported to the NRC, that a former licensed Reactor Operator (RO) left the controls of Unit 2 unattended for approximately six minutes on December 24, 1997.

Atthe time, the individual went to the shift supervisor's office located in the control room to take some personnel files. Although a licensed senior reactor operator was in the control room at the time, he was not in view of the "at the controls" area.

A copy of the synopsis of the Ol investigation is enclosed.

Based on the investigations conducted by your staff and Ol, the NRC concluded that the licensed Reactor Operator deliberately caused you to be in violation of your Technical Specification by leaving the "at the controls" area of the control room unattended.

Given the circumstances of this case; including the fact that when the involved RO left the controls; a licensed senior reactor operator was still in the control room for the relatively short time that the RO was not "at the controls," the. violation is classified at Severity Level IV in accordance with the "General Statement of Policy and Procedure for NRC Enforcement Actions" (Enforcement Policy), NUREG-1600. The violation is described in the enclosed Notice.

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The NRC recognizes

that, as a result of your investigations, you implemented several corrective actions.

These actions included: (1) request for termination of the former RO's J, ~

license, for which the NRC issued a Termination Letter on October 29, 1998; (2) removal of the individual from all station duties; and (3) interviews of all other licensed personnel to assure that they understood and met the "at the controls" requirement, However, this violation was considered willfulin that the RO understood the requirement to remain at the controls, yet made a conscious decision to leave the controls area.

Therefore, although you performed a thorough investigation of this event and your corrective actions were prompt and comprehensive, this violation is being cited in accordance with the Enforcement Policy. You should remind all of your licensed staff of the significance of this violation, and also inform them that engaging in such wrongdoing may subject individuals to civil and/or criminal enforcement action.

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Niagara Mohawk Power Corporation The NRC has concluded that information regarding the reason for the violation, and the corrective actions taken and planned to correct the violation and prevent recurrence is already adequately addressed on the docket in your Licensee Event Report No 98-02, Rev. 1, dated August 17, 1998.

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 2.790 of the NRC's "Rules of Practice," a copy of this letter, the enclosed Notice, and any response, if you chose to provide one, will be placed in the NRC Public Document Room (PDR).

Sincerely, Hubert J. Miller Regional Administrator

Enclosures:

1.

Notice of Violation 2.

Ol Synopsis

Niagara Mohawk Power Corporation cc w/encls:

G. Wilson, Senior Attorney M. Wetterhahn, Winston and Strawn J. Rettberg, New York State Electric and Gas Corporation P. Eddy, Electric Division, Department of Public Service, State of New York C. Donaldson, Esquire, Assistant Attorney General, New York Department of Law J. Vinquist, MATS, Inc.

F. Valentino, President, New York State Energy Research and Development Authority J. Spath, Program Director, New York State Energy Research and Development Authority

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Niagara Mohawk Power Corporation DISTRIBUTION:

SECY CA PUBLIC WTravers, EDO MKnapp, DEDE JLieberman, OE HMiller, Rl SCollins, NRR RZimmerman, NRR FDavis, OGC Enforcement Coordinators Rl, Rll, Rill, RIV BBeecher, OPA HBell, OIG DBangart, OSP GCaputo, Ol TMartin, AEOD OE:EA OE:Chron NUDOCS Nuclear Safety Information Center (NSIC)

DScrenci, PAO-Rl

NSheehan, PAO-Rl NRC Resident Inspector - Nine Mile

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