ML17305B087
| ML17305B087 | |
| Person / Time | |
|---|---|
| Site: | Palo Verde  |
| Issue date: | 09/26/1990 |
| From: | Martin J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION V) |
| To: | |
| Shared Package | |
| ML17305B086 | List: |
| References | |
| EA-90-147, NUDOCS 9010030240 | |
| Download: ML17305B087 (5) | |
Text
'0 NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY Arizona Public Service Company Palo Verde Nuclear Generating Station Docket Nos.
50-528, 50-259, and 50-530 License Nos.
NPF-41, NPF-51, and NPF-74 EA 90-147 During an inspection conducted on July 16 - August 7, 1990, two violations of NRC requirements were identified.
In accordance with the "General Statement of Policy and Procedure for NRC Enforcement Actions", 10 CFR Part 2, Appendix C
(1990) (Enforcement Policy), the Nuclear Regulatory Commission proposes to impose a civil penalty pursuant to Section 234 of the Atomic Energy Act of 1954, as amended (Act), 42 U.S.C.
- 2282, and 10 CFR 2.205.
The particular violations and associated civil penalty are set forth below:
A.
10 CFR 55.25 requires the facility licensee to notify the NRC within 30 days if, during the term of a licensed operator's
- license, the facility licensee learns that the operator has developed a physical or mental condition that causes the operator to fail to meet the requirements of 10 CFR 55.21.
10 CFR 55.21 requires, by reference to 10 CFR 55.33(a)(1),
that a licensed operator 's medical condition and general health will not adversely affect the performance of assigned operator duties or cause operational errors endangering public health and safety.
Contrary to the above, the facility licensee failed to notify the NRC within 30 days of learning of the diagnosis of the medical conditions of licensed operators of which the facil>ty licensee was aware, and which caused the respective operator to fail to meet the requirements of 10 CFR 55.33(a)(l),
as evidenced by the following examples:
1.
Diagnosis of active Meniere's Disease-disclosed by a licensed operator to the facility licensee on medical history form on December 29, 1989.
2.
Diagnosis of a licensed operator with diabetes mellitus on December 15, 1988 through a medical examination by the facility licensee's medical personnel.
3.
The need for corrective lenses by a licensed operator on August 2, 1988 through a medical examination by the facility licensee s medical personnel.
4.
The taking of a pain medication by a licensed operator during the period of March - June 1990.
B.
10 CFR 55.23 requires an authorized representative of the facility licensee to certify the medical fitness of an operator license applicant by comple-ting and signing Form NRC-396, "Certification of Medical Examination by Facility Licensee."
Form NRC-396 is a certification that a medical exami-nation has been conducted in accordance with ANSI/ANS 3.4 - 1983 or ANSI/ANS 15.4 1977 (N380).
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Notice of Violation Contrary to the above, on November 7, 1987, September 12, 1988, and July 18, 1989, an authorized facility representative certified on Form NRC-396 that operator licensing medical examinations were performed in accordance with the guidance contained i.n ANSI/ANS 3.4 - 1983 or ANS/ANS 15.4 - 1977 (N380) when, in fact, for 15 individuals the examination failed to meet those requirements.
This is a Severity Level III problem (Supplement I).
Cumulative Civil Penalty - $75,000 (assessed equally between the violations.)
Pursuant to the provisions of 10 CFR 2. 201, Arizona Public Service Company (Licensee) is hereby required to submit a written statement or explanation to the Director, Office of Enforcement, U.S.
Nuclear Regulatory Commission, within 30 days of the date of this Notice of Violation and Proposed Imposition of Civil Penalty '(Notice).
This reply should be clearly marked as a "Reply to a Notice of Violation" and should include for each alleged violation:
(1) admission or denial of the alleged violation, (2) the reasons for the violation if admitted, and if denied, the reasons why, (3) the corrective steps that have been taken and the results
- achieved, (4) the corrective steps that will be taken to avoid further violations, and (5) the date when full compliance will be achieved.
If an adequate reply is not received within the time specified in this Notice, an order may be issued to show cause why the license should not be modified, t
suspended, or revoked or why such other action as may be proper should not be taken.
Consideration may be given to extending the response time for good cause shown.
Under the authority of Section 182 of the Act, 42 U.S. C.
2232, this response shall be submitted under oath or affirmation.
Mithin the same time as provided for the response required above under 10 CFR 2.201, the Licensee may pay the civil penalty by letter addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, with a check, draft, money order, or electronic transfer payable to the Treasurer of'the United States in the amount of the civil penalty proposed
- above, or may
'rotest imposition of the civil penalty in whole-or in part, by a written answer addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission.
Should the Licensee fail 4o answer within the time specified, an order imposing the civil penalty will be issued.
Should the Licensee elect to file an answer in accordance with 10 CFR 2.205 protesting the civil penalty, in whole or in part, such answer should be clearly marked as an "Answer to a Notice of Violation" and may:
(1) deny the violations listed in this Notice in whole or in part, (2) demonstrate extenuating circumstances, (3) show error in this Notice, or (4) show other reasons why the penalty should not be imposed.
In addition to protesting the civil penalty in whole or in part, such answer may request remission or mitigation of the penalty.
In requesting mitigation of the proposed penalty, the factors addressed in Section V.B of 10 CFR Part 2, Appendix C, should be addressed.
Any written answer in accordance with 10 CFR 2.205 should be set forth separately from the statement or explanation in reply pursuant to 10 CFR 2.201, but may incorporate parts of the 10 CFR 2.201 reply by specific reference (e.g., citing page and paragraph numbers) to avoid repetition.
The attention of the Licensee is directed to the other provisions of 10 CFR 2.205, regarding the procedure for imposing a civil penalty.
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"3" Upon failure to pay any civil penalty due which subsequently has been determined in accordance with the applicable provisions of,10 CFR 2.205, this matter may be referred to the Attorney General, and the penalty, unless compromised,
- remitted, or mitigated, may be collected by civil action pursuant to Section 234c of the Act, 42 U. S. C. 2282c.
The response noted above (Reply to Notice of Violation, letter with payment of civil penalty, and Answer to a Notice of Violation) should be addressed to:
Director, Office of Enforcement, U.S.
Nuclear Regulatory Commission, ATTN:
Document Control Desk, Washington, D.C, 20555 with copies to the Regional Administrator, U.S. Nuclear Regulatory Commission, Region V and to the NRC Resident Inspector at the Palo Verde Nuclear Generating Station.
R THE UCLEAR REGULATORY COMMISSION Dated at Walnut Creek, California the gy day of September 1990 B. Martin Regiorial Administrator