ML17334B747

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Forwards Notice of Violation Re Insp Repts 50-315/98-06 & 50-316/98-06 Completed on 980213.Based on 980415 Response to Insp Repts,Nrc Determined Violations Occurred Involving Failure to Provide Shipping Papers
ML17334B747
Person / Time
Site: Cook  American Electric Power icon.png
Issue date: 04/21/1998
From: Beach A
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To: Fitzpatrick E
AMERICAN ELECTRIC POWER CO., INC.
Shared Package
ML17334B748 List:
References
50-315-98-06, 50-315-98-6, 50-316-98-06, 50-316-98-6, EA-98-113, NUDOCS 9804280309
Download: ML17334B747 (10)


See also: IR 05000315/1998006

Text

CATEGORY 2

REGULATORY INFORMATION DISTRIBUTION SYSTEM

(RIDS)

ACCESSION NBR:9804280309

DOC.DATE: 98/04/21

NOTARIZED: NO

DOCKET

FACZL:50-315 Donald C.

Cook Nuclear

Power Plant, Unit 1, Indiana

M

05000315

50-316 Donald C.

Cook Nuclear

Power Plant, Unit 2, Indiana

M

05000316

AUTH.NAME

AUTHOR AFFILIATION

BEACH,A.B.

Region

3

(Post

820201)

RECIP.NAME

RECIPIENT AFFILIATION

FITZPATRICK,E.

American Electric Power Co., Inc.

SUBJECT:

Forwards notice of violation re insp repts

50-315/98-06

&,

50-316/98-06

completed

on 980213.Based

on 980415 response

to insp repts,NRC determined violations occurred involving

failure to provide shipping papers.

DISTRIBUTION CODE:

IEOID

COPIES

RECEIVED:LTR

J

ENCL g

SIZE:

TITLE: General

(50 Dkt) -Insp Rept/Notice of Violation Response

NOTES:

2-

8

8

RECIPIENT

ID CODE/NAME

PD3-3

PD

INTERNAL: AEOD/SPD/RAB

DEDRO

NRR/DRCH/HHFB

NRR/DRPM/PERB

OE DIR"

'GN3FILE

01

XTERNAL: LITCO BRYCE,J H

NRC PDR

COPIES

LTTR ENCL

1

1

1

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1

1

1

1

1

1

1

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1

1

RECIPIENT

ID CODE/NAME

STANG,J

ILE CENTER

TC

CB

NUDOCS -ABSTRACT

OGC/HDS3

NOAC

NUDOCS FULLTEXT

COPIES

LTTR ENCL

1

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NOTE TO ALL "RIDS" RECIPIENTS:

PLEASE HELP US TO REDUCE WASTE. TO HAVE YOUR NAME OR ORGANIZATION REMOVED FROM DISTRIBUTION LISTS

OR REDUCE THE NUMBER OF COPIES RECEIVED BY YOU OR YOUR ORGANIZATION, CONTACT THE DOCUMENT CONTROL

DESK

(DCD)

ON EXTENSION 415-2083

TOTAL NUMBER OF COPIES

REQUIRED:

LTTR

17

ENCL

17

h

UNITED STATES

NUCLEAR REGULATORYCOMMISSION

REGION III

801 WARRENVILLEROAD

LISLE, ILLINOIS605324351

April 21,

1998

EA 98-113

Mr. E. E. Fitzpatrick

Executive Vice President

Nuclear Generation Group

American Electric Power Company

500 Circle Drive

Buchanan, Ml 49107-1395

SUBJECT:

NOTICE OF VIOLATION

(NRC INSPECTION REPORTS 50-315/98006(DRS); 50-316/98006(DRS))

Dear Mr. Fitzpatrick:

On February 13, 1998, the NRC completed an inspection at D. C. Cook, Units 1 and 2 reactor

facilities. During the inspection, apparent violations of NRC requirements were identified. A

copy of the inspection report was sent to you by letter dated March 5, 1998. You were given

the option of participating in a predecisional enforcement conference or addressing the

apparent violations in writing. You chose to submit a written response dated April 15, 1998.

Based on the information developed during the inspection and the information provided in your

April 15 response to the inspection report, the NRC has determined that violations of NRC

requirements occurred.

The violations involving failure to provide shipping papers and

emergency response instructions for a shipment of contaminated objects are cited in the

enclosed Notice of Violation (Notice) and the circumstances surrounding them are described in

detail in the subject inspection report.

The violations resulted from poor communications between radiation protection personnel and

the truck driver. The driver was instructed to wait for the proper paperwork.

The driver was

given a shipping memo documenting the addition of a non-radioactive drum of oil and thought

that this was the papetwork he needed.

The driver then unplacarded the truck and left the

D. C. Cook facilitywithout receiving the appropriate paperwork.

Notwithstanding the fact that

the packages inside the truck were properly labeled and the dose rates on contact were within

10 CFR Part 20 limits, this failure is of significant concern to the NRC because

in the event of

an accident, responders

could not have ascertained

the type and quantity of radioactive

material present without manipulating the packages inside of the truck. Therefore, the

violations are classified in the aggregate

in accordance with the "General Statement of Policy

and Procedure for NRC Enforcement Actions" (Enforcement Policy), NUREG-1600, as a

Severity Level III problem.

9804280309

V8042i

PDR

ADQCK 050003i5

8

PDR

E. Fitzpatrick

-2-

ln accordance with the Enforcement Policy, a base civil penalty in the amount of $55,000 is

considered for a Severity Level III problem.

Because your facility has been the subject of

escalated enforcement action within the last two years,'he

NRC considered whether credit

was warranted for /denfificafion and Corrective Action in accordance with the civil penalty

assessment

process in Section VI.B.2 of the Enforcement Policy. Credit is warranted for

identification because

the violations were identified by your staff. The NRC acknowledges

D. C. Cook's actions in response to this incident and subsequent

corrective actions to address

the root cause of the violations. Specifically, the corrective actions described in your letter

dated April 15, 1998 to address the root cause included providing instruction for all personnel

handling radioactive material shipments to ensure that they understood what occurred and were

aware of the circumstances of this incident, and instituting a policy that requires all drivers

picking up radioactive material shipments from locations other than inside the protected area to

be escorted at all times in order to provide reasonable assurance

that no shipment willleave

the site without the appropriate paperwork and placarding.

Thus, credit for Corrective Action is

warranted because your staff's actions were prompt and comprehensive.

Therefore, to encourage identification and comprehensive correction of violations,

I have been

authorized, after consultation with the Director, Office of Enforcement, not to propose a civil

penalty in this case.

However, significant violations in the future could result in a civil penalty.

The NRC has concluded that information regarding the reason for the violations and the

corrective actions taken to correct and prevent recurrence of the violations, is already

adequately addressed

on the docket in Inspection Report 50-315/98006(DRS);

50-316/98006(DRS) and your April 15, 1998 response to the apparent violations. Therefore,

you are not required to respond to this letter unless the description therein does not accurately

reflect your corrective actions or your positions.

In that case, or ifyou choose to provide

additional information, you should followthe instructions specified in the enclosed Notice.

In addition, we have reviewed the corrective actions addressed

in Attachment

1 of your

April 15 letter responding to the Notice of Violation sent to you by letter dated March 5, 1998.

The actions taken appear to be adequate and we have no further questions at this time.

'

Severity Level IIIviolation was issued March 11, 1996 (EA 96-020), for an

inoperable SI pump.

f

fa

Cll

E. Fitzpatrick

-3-

In accordance with 10 CFR 2.790 of the NRC's "Rules of Practice," a copy of this letter, its

enclosure, and your response, ifyou elect to provide a response,

will be placed in the

NRC Public Document Room.

Sincerely,

A. Bill Beach

Regional Administrator

Docket Nos. 50-315; 50-316

License Nos. DPR-58; DPR-74

Enclosure:

Notice of Violation

'

8

E. Fitzpatrick

KEHIIIQk

PUBLIC IE-01

SECY

CA

LCallan, EDO

AThadani, DEDE

LChandler, OGC

JGoldberg, OGC

SCollins, NRR

RZimmerman, NRR

Enforcement Coordinators

Rl, Rll and RIV

Resident Inspector, D.C. Cook

JHannon, NRR

JHickman, NRR

JGilliland, OPA

HBell, OIG

GCaputo, Ol

TMartin, AEOD

OE:ES

OE:EA (2)

RAO:Rill

SLO:RIII

PAO:RIII

OCFO/LFARB w/o encl.

DRP

Docket File

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