ML17208A596

Confirmatory Order (Nuclear Regulatory Commission Inspection Report 05000390/2016013, 05000391/2016013)

ML17208A596
Person / Time
Site:	Watts Bar
Issue date:	07/27/2017
From:	Wert L D NRC/RGN-II
To:	Balduzzi M A Tennessee Valley Authority
Betty Hitchuk
References
EA-17-022, IR 2016013 EA-17-022
Download: ML17208A596 (4)

See also: IR 05000390/2016013

Text

July 27, 2017

EA-17-022

Mr. Michael Senior Vice President and Chief Nuclear Officer Tennessee Valley Authority 1101 Market Street, LP 3D-C Chattanooga, TN 37402-2801

SUBJECT: CONFIRMATORY ORDER (NUCLEAR REGULATORY COMMISSION INSPECTION REPORT 05000390/2016013, 05000391/2016013)

Dear Mr. Balduzzi:

The enclosed Confirmatory Order (CO) is being issued to Tennessee Valley Authority (TVA), as a result of a successful alternative dispute resolution (ADR) session. The commitments described in the CO were made by TVA as part of the settlement agreement reached during the ADR session, held on June 9, 2017. On December 1, 2016, the U.S. Nuclear Regulatory Commission (NRC) completed a Problem Identification and Resolution inspection at TVA's Watts Bar Nuclear Plant (WBN), Units 1 and 2 (Inspection Report 05000390/2016013, 05000391/2016013, ML17069A133). The results of the inspection were transmitted to TVA by letter dated March 10, 2017, and included the identification of one Apparent Violation (AV) of a previously issued CO, (EA-09-009,203, dated December 22, 2009, ML093510993). The AV involved TVA's failure to implement a process to review proposed licensee adverse employment actions at WBN, to determine whether the proposed action comports with employee protection regulations, and whether the proposed actions could negatively impact the Safety Conscious Work Environment (SCWE) at TVA nuclear facilities. The NRC's inspection report of March 10, 2017, offered TVA a choice to: (1) attend a Predecisional Enforcement Conference; (2) provide a written response; or (3) request ADR with the NRC in an attempt to resolve any disagreement regarding whether violations occurred, the appropriate enforcement action, and the appropriate corrective actions. In response, TVA requested ADR to resolve the enforcement aspects and to discuss corrective actions. An ADR mediation session was held on June 9, 2017, and a preliminary settlement agreement was reached. The elements of the preliminary agreement were formulated and agreed upon during the mediation session, and are contained within the enclosed CO. During the ADR, the NRC concluded that the corrective actions and enhancements discussed by TVA, both completed and planned, were prompt and comprehensive. In consideration of the commitments delineated in the enclosed CO, the NRC agreed to refrain from proposing a civil penalty or issuing a Notice of Violation for the AV identified in NRC Inspection Report 05000390/2016013, 05000391/2016013 (EA-17-022). We have enclosed the CO to confirm the commitments made as part of the settlement agreement. As evidenced by your signed "Consent and Hearing Waiver Form" (copy enclosed) dated July 21, 2017, TVA agrees to issuance of this CO. Pursuant to Section 223 of the Atomic Energy Act of 1954, as amended, any person who willfully violates, attempts to violate, or conspires to violate any provision of this CO shall be subject to criminal prosecution as set forth in that Section. Violation of this CO may also subject the person to civil monetary penalties. In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter and its enclosures will be made available electronically for public inspection in the NRC Public Document Room, or from the NRC's document system, Agencywide Documents Access and Management System (ADAMS), which is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. The NRC will also include this letter, and the attached Confirmatory Order, on its Web site at www.nrc.gov; the letter can be found on this Web site by selecting the "Public Meetings and Involvement" link and then the "Enforcement" link. Your response, if you choose to provide one, will also be made available electronically for public inspection in the NRC Public Document Room, or from the NRC's document system (ADAMS). 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. The NRC also includes significant enforcement actions on its Web site at (http://www.nrc.gov/reading-rm/doc-collections/enforcement/actions/). If you have any questions or comments concerning this letter, please contact Mr. Joel T. Munday, Director, Division of Reactor Projects, at 404-997-4500.

Sincerely,/RA/

Leonard D. Wert Deputy Regional Administrator for Operations

Docket Nos. 50-390, 50-391, 50-259, 50-260, 50-296, 50-327 and 50-328 License Nos. NPF-90, NPF-96, DPR-33 DPR-52, DPR-68, DPR-77 and DPR-79

Enclosures:

1. Confirmatory Order 2. Consent and Hearing Waiver Form

cc: See page 3

cc Distribution via ListServ cc w/enclosures: Mr. Joseph W. Shea Vice President, Nuclear Regulatory Affairs and Support Services Tennessee Valley Authority 1101 Market Street, LP 3R-C Chattanooga, TN 37402-2801 Mr. Anthony L. Williams, IV Site Vice President Sequoyah Nuclear Plant Tennessee Valley Authority 1101 Market Street, LP 5A-C Chattanooga, TN 37384-2000

Mr. Steven M. Bono Site Vice President Browns Ferry Nuclear Plant Tennessee Valley Authority P.O. Box 2000, NAB 2A-BFN Decatur, AL 25609 Mr. Paul R. Simmons Site Vice President, Watts Bar Nuclear Plant Tennessee Valley Authority P.O. Box 2000 ADM 1V-WBN Spring City, TN 37381 SUBJECT: CONFIRMATORY ORDER (NUCLEAR REGULATORY COMMISSION INSPECTION REPORT 05000390/2016013, 05000391/2016013) July 27, 2017 DISTRIBUTION: V. McCree, OEDO F. Brown, OEDO M. Johnson, OEDO W. Dean, NRR RII Coordinator, OEDO M. Lemoncelli, OGC R. Carpenter, OGC E. Julian, SECY D. Decker, OCA H. Harrington, OPA K. Fowler, OI H. Bell, OIG P. Holahan, OE J. Peralta, OE D. Jones, OE N. Coleman, OE S. Morrow, NRR L. Casey, NRR C. Haney, RII L. Wert, RII J. Munday, RII A. Blamey, RII J. Nadel, RII R. Hannah, RII J. Ledford, RII J. Pelchat, RII E. Lea, RII S. Price, RII M. Kowal, RII S. Sparks, RII K. Sloan, RII B. Bickett, RI M. Hay, RIV R. Skokowski, RIII RidsOEMailCenter Resource PUBLIC ADAMS Accession No. ML17208A596 OFFICE RII:DRP RII:DRP RII:EICS RII:ORA OE OGC NLO NAME ABlamey JMunday MKowal SPrice DJones RCarpenter DATE 6/16/2017 6/23/2017 6/15/2017 6/21/2017 7/19/2017 7/19/2017 OFFICE NRR RII:ORA NAME LCasey LWert DATE 7/19/2017 7/27/2017 OFFICIAL RECORD COPY