ML17305B153
| ML17305B153 | |
| Person / Time | |
|---|---|
| Site: | Palo Verde  |
| Issue date: | 10/25/1990 |
| From: | NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| To: | |
| Shared Package | |
| ML17305B152 | List: |
| References | |
| EA-90-147, NUDOCS 9011020170 | |
| Download: ML17305B153 (16) | |
Text
NRC Document Control Desk Appendix A, Page 1 of 2 102-01877-WFC/TRB October 25, 1990 APPENDIX A NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY Arizona Public Service Company Docket Nos. 50-528, 50-529, and 50-530 Palo Verde Nuclear Generating Station License Nos.
~
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 10CFR 2.205.
The particular violations and associated civil penalty are set forth below:
10CFR 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 facility licensee was aware, and which
'caused the respective operator to fail to meet the requirements of 10 CFR 55.33(a)(1),
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.
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 pain medication by a licensed operator during the period of March
- June 1990.
901i020i70 90i025 PDR ADOCK 05000528 8
PNU
NRC Document Control Desk Appendix A, Page 2 of 2 102-01877-WFC/TRB October 25, 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 completing and signing Form NRC-396, "Certification of Medical Examination by Facility Licensee."
Form NRC-396 is a certification that a medical examination has been conducted in accordance with ANSI/ANS 3.4 1983 or ANSI/ANS 15.4
- 1977Property "ANSI code" (as page type) with input value "ANSI/ANS 15.4</br></br>- 1977" contains invalid characters or is incomplete and therefore can cause unexpected results during a query or annotation process. (N380).
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 in ANSI/ANS 3.4 - 1983 or ANSI/ANS 15.4
- 1977Property "ANSI code" (as page type) with input value "ANSI/ANS 15.4</br></br>- 1977" contains invalid characters or is incomplete and therefore can cause unexpected results during a query or annotation process. (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).
NRC Document Control Desk,
Page 1 of 6 102-01877-WFC/TRB October 25, 1990 ATTACHMENT 1 REPLY TO NOTICE OF VIOLATION 50-528 529 530 90-36 A.I ADMISSION OR DENIAL 0 THE ALLEGE VIOLATION APS admits the violation.
A.II REASON FOR THE VIOLATION The reasons for the violation were the lack of a proceduralized program to fully implement the requirements of 10 CFR 55 Subpart C and that medical department personnel misunderstood and/or lacked the knowledge of the regulatory requirements to recognize the need to ensure changes in medical conditions of licensed operators were reported to the Licensing Department.
A.III CORRECTIVE STEPS THAT HAVE BEEN TAKEN AND THE RESULTS ACHIEVED An investigation of the event was conducted in accordance with APS's incident investigation program.
A comprehensive review of the medical requirements was conducted to develop a matrix which cross referenced each medical requirement and licensed operator.
The medical records of each license'd operator were reviewed to demonstrate conformance with the medical requirements.
The results of the investigation and review were documented in LER 528-90-009 and in a letter from J.
M. Levine (APS) to J.
B. Martin (NRC) dated August 20, 1990.
NRC Document Control Desk Attachment 1,
Page 2 of 6 102-01877-WFC/TRB October 25, 1990 Quality Assurance issued a Corrective Action Report (CAR) based upon the inadequate program for medical examinations and the apparent failure to properly implement medical examination requirements.
Closure of the CAR will be based on QA verification of the completed corrective actions discussed below.
r Updated medical certifications (Form NRC-396) have been submitted for F
those individuals with identified medical conditions".
Administrative controls have been developed to track the status of the medical examination requirements for licensed personnel.
These controls also address the reporting requirements of 10 CFR 55.25.
This program was independently reviewed by APS Quality Assurance personnel to ensure all medical requirements are addressed, APS medical personnel have been counseled on the importance of strict compliance with the requirements of 10 CFR 55.21 and 55.25.
The Director of Operations and Maintenance has issued a memorandum to each of the Plant Managers instructing the Operations Managers to address the requirements of maintaining a license with their crews.
0
- Further, the General Manager of Nuclear Training has issued a memorandum
'o'icensed personnel summarizing their responsibilities for maintaining their licenses.
This memorandum included a copy of the new program procedure "Operator License Program".
4'
l NRC Document Control Desk,
Page 3 of 6 102-01877-WFC/TRB October 25, 1990 APS has reviewed regulatory requirements implemented by the Medical Department.
Applicable procedures have been updated to reflect these requirements.
On October 8,
- 1990, the Executive Vice President, Nuclear issued a
memorandum to all Licensed Operators explicitly stating that each licensed operator is responsible for compliance with all conditions associated with his/her individual license.
A.IV CORRECTIVE STEPS THAT WILL BE TAKEN TO AVOID FURTHER VIOLATIONS APS is evaluating the training and qualification requirements for personnel in the Human Resources Department which includes medical personnel.
In particular, this evaluation will include personnel whose activities are associated with regulatory requirements.
Changes to the training program for medical personnel, as necessary, will be made following the completion of the evaluation.
The evaluation is expected to be complete by October 31, 1990.
The Quality Assurance organization will include within the scope of their scheduled training and qualification audit an evaluation of the effectiveness of the overall licensed operator certification program including medical certification requirements.
Results of this audit are expected to be available by November 16, 1990.
e 4
NRC Document Control Desk,
Page 4 of 6 102-01877-WFC/TRB October 25, 1990 A.V DATE WHEN FULL COMPLIANCE WILL BE ACHIEVED Full compliance for the specific violation cited was achieved by September 10, 1990 when, updated NRC-396 forms were submitted.
tg 0
NRC Document Control Desk,
Page 5 of 6 102-01877-WFC/TRB October 25, 1990 B.I ADMISSION OR DENIAL OF THE ALLEGED VIOLATION APS admits the violation.
B.II EASON FOR THE VIOLATION The reasons for the violation were discussed in Section A.II of this Attachment.
I B ~III CORRECTIVE STEPS THAT HAVE BEEN TAKEN AND E RESULTS ACHIEVED As discussed in Section A.III of this Attachment, an investigation of the event was conducted in accordance with APS's incident investigation program.
A comprehensive review of medical requiremen'ts was conducted to develop a matrix which cross referenced each medical requirement and licensed operator.
The medical records of each licensed operator were reviewed to demonstrate conformance with the medical requirements.
The results of the investigation and review were documented in LER 528 009 and in a letter from J.
M. Levine (APS) to J.
B. Martin (NRC) dated August 20, 1990.
Administrative controls have been developed to track the status of the medical examination requirements for licensed personnel.
Included in these controls is a formalized medical examination checklist which lists each medical examination requirement of ANSI/ANS 3.4.
This checklist
e
NRC Document Control Desk,
Page 6 of 6 102-01877-WFC/TRB October 25, 1990 will ensure the complete accuracy of each Form NRC-396 certification.
As discussed in section A.III, the Executive Vice President,
- Nuclear,
'I the Director of Operations and Maintenance and the General Manager of Nuclear Training have issued memoranda regarding the responsibilities for maintaining a license.
B.IV CORRECTIVE STEPS THAT WILL BE TAKEN TO AVOID FURTHER VIOLATIONS As discussed in section A.IV, APS is evaluating the training and qualification requirements for personnel in the Human Resources Department, in particular, personnel whose activities are associated with regulatory requirements.
B.V DATE WHEN FULL COMPLIANCE WILL BE ACHIEVED Full compliance was achieved on July 10, 1990 when all personne1 with active licenses had received complete medical examinations in accordance with the previously submitted certification form, NRC-396.
Vi J
r