ML18057A662
| ML18057A662 | |
| Person / Time | |
|---|---|
| Site: | Palisades  |
| Issue date: | 12/13/1990 |
| From: | Davis A NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | Hoffman D CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.) |
| Shared Package | |
| ML18057A663 | List: |
| References | |
| EA-90-179, NUDOCS 9012270122 | |
| Download: ML18057A662 (7) | |
See also: IR 05000255/1990035
Text
Docket No.
50-255
License No. DPR-20
EA 90-179
Consumers Power Company
ATTN:
David P. Hoffman
Vice President
Nuclear Operations
1945 West Parnell Road
Jackson, Michigan
49201
Gentlemen:
December 13, 1990
SUBJECT:
NOTICE OF VIOLATION (NRC INSPECTION REPORTS NO. 50-255/90019(DRSS)
NO. 50-255/90028(DRSS), AND 50-255/90030(DRSS))
This refers to the Nuclear Regulatory Commission (NRC) inspections conducted
during the period from August 13 through October 29, 1990 at the Palisades
facility.
The reports documenting these inspections were sent to you by letters
dated October 5, 1990 (50-255/90019) and November 9, 1990 (50-255/90028 and
50-255/90030).
As a result of these inspections, failures to comply with
regulatory requirements were identified.
An Enforcement Conference was
conducted by Dr. Carl J. Paperiello, Deputy Regional Administrator, and other
members of the NRC staff with Messrs. F. W. Buckman, D. P. Hoffman, D. W. Joos
and other members of your staff on November 15, 1990, at the Region III office
in Glen Ellyn, Illinois to discuss the violations, their causes, and your
torrective action to preclude recurrence.
The first violation, which is described in the enclosed Notice of Violation
(Notice), involves the failure to meet technical specification requirements
regarding high radiation area entry control.
On December 7, 1989, a Plant
Support Supervisor (PSS) disregarded a high radiation area boundary posting and
entered a high radiation area without proper radiological coverage.
In addition,
an Auxiliary Operator (AO) who was with the PSS, followed the PSS across the
high radiation area boundary, even though he did not have a required radiation
survey meter that he knew was necessary for self-monitoring and knew he was not
qualified to provide radiological coverage for the PSS.
Shortly after entering
the high radiation area, the two individuals were found by the Radiological
Services Manager and were removed from the area.
We are especially concerned in this case, because not only did the PSS knowingly
disregard administrative requirements for expediency of work, his actions
influenced the actions of another Pa 1 i sades employee.
Further, we are concerned
that the AO, who knew of the requirements, followed the PSS into the area,
rather than attempting to stop the PSS.
In determining the severity level of
this violation, the NRC gave serious consideration to categorizing it at
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
9012270122 901213
ADOCK 05000255
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December 13, 1990
Severity Level III because of the willful nature and because of the supervisory
position of one of the individuals involved and his influence on the activities
of a subordinate.
However, the NRC recognizes that both the PSS and AO had some
information concerning the radiological hazards of the ~rea, that the incident
only lasted a short period of time, that neither of the individuals involved
received a measurcible radiation dose, and that the Palisades Radiological Service
Manager found the PSS and AO in the drum fill area without required radiological
monitoring and had them removed from the area. Therefore, this violation has
been categorized at Severity Level IV.
In accordance with the "General Statement of Policy and Procedure for NRC
Enforcement Actions,
11 (Enforcement Policy) 10 CFR Part 2, Appendix C (1990), a
civil penalty is considered for a willful violation at any severity level.
However~ after consultation with the Director, Office of Enforcement, I have
decided that a civil penalty will not be proposed in this case because you
identified the violation and took prompt and extensive corrective action,
including appropriate disciplinary action and counseling with respect to the
two individuals involved and appropriate discussions with your operations
personnel regarding the event.
Nevertheless, you should be aware that the NRC
cannot and will not tolerate willful violations of any severity level.
Even
though these employees believed that they were aware of the radiological hazards
of the area, it is not appropriate for individual employees to decide which
requirements they will follow.
In addition, any further recurrence of this
violation could be considered to represent a potentially significant lack of
attention toward licensed responsibilities and subject to escalated
enforcement action as a Severity Level III problem.
The second violation involved the failure to maintain accurate records of
training and qualification.
However, in this case, because the violation met
the criteria for the exercise of discretion of Section V.G.1 of the Enforcement
Policy, a Notice of Violation will not be issued.
The third violation involved
the failure to provide general employee training to workers who were subsequently
authorized access to the radiologically controlled area. This violation was
reviewed for appropriateness based on additional information that was provided
at the enforcement conference and is now characterized as a failure to obtain
waivers of training as required by plant procedures.
However, since this
violation also met the criteria for the exercise of discretion of Section V.G.1
of the Enforcement Policy, a Notice of Violation will not be issued.
The fourth
concern involved the failure to provide indoctrination and training to contract
instructors. However, based on the additional information provided at the
enforcement conference regarding the nature of the training program for the
contract instructors, it was determined that a violation had not occurred.
Although the second and third violations are not being cited, the NRC is still
concerned with the failure to follow procedural guidance to obtain waivers of
tr~ining program requirements and the failure to maintain accurate records of
training and qualification.
The NRC must be able to reasonably rely upon the
integrity of licensee personnel to perform what is required of them and to
maintain accurate records of activities. It is important that you understand
that these violations are of serious concern to the NRC .
Consumers Power Company
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December 13, 1990
Finally, although no violations were identified regarding the apparent
falsification of proficiency testing records by .a chemistry technician, we are
concerned about its implications for the quality of laboratory analytical data.
A written response regarding this issue was requested by Inspection Report
No. 50-255/90030.
.
You are required to respond to this letter and should follow the instructions
specified in the enclosed Notice when preparing your response.
In your response,
you should document the specific actions taken and any additional actions you
plan to prevent recurrence.
After reviewing your response to this Notice,
inclµding your corrective actions and the results of future inspections, the
NRC will determine whether further NRC enforcement action is necessary to ensure
compliance with NRC regulatory requirements.
In accordance with Section 2.790 of the NRC's "Rules of Practice," Part 2,
Title 10, Code of Federal Regulations, a copy of this letter and its
enclosures will be placed in the NRC Public Document Room.
The responses directed by this letter and the enclosed Notice are not subject
to the clearance procedures of the Office of Management and Budget as required
by the Paperwork Reduction Act of 1980, Pub. L., No.96-511.
Enclosures:
1.
2.
Enforcement Conference Report
No. 50-255/90035(DRSS)
- 3.
Inspection Reports
No. 50-255/90019(DRSS)
No. 50-255/90028(DRSS)
No. 50-255/90030(DRSS)
4.
NRC Presentation
5.
Consumers Power Company
Presentation
See Attached Distribution
Sincerely,
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A. Bert Davis
Regional Administrator
(SEE ATTACHED CONCURRENCE)
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Pederson
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Paperiello
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Davis
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- 3 -
Finally, although no violations were identified regarding the apparent
falsification of proficiency testing records by a chemistry technician, we are
concerned about its implications for the quality of laboratory analytical data.
A written response regarding this issue was requested by Inspection Report
No. 50-255/90030.
You are required to respond to this letter and should follow the instructions
specified in the enclosed Notice when preparing your response.
In your response,
you should document the specific actions taken and any additional actions you
plan to prevent recurrence. After reviewing your response to this Notice,
including your corrective actions and the results of future inspections, the
NRC will determine whether further NRC enforcement action is necessary to ensure
compliance with NRC regulatory requirements.
In accordance with Section 2.790 of the NRC
1s
11 Rules of Practice,
11 Part 2,
Title 10, Code of Federal Regulations, a copy of this letter and its
enclosures will be placed in the NRC Public Document Room.
The responses directed by this letter and the enclosed Notice are not subject
to the clearance procedures of the Office of Management and Budget as required
by the Paperwork Reduction Act of 1980, Pub. L., No.96-511.
Enclosures:
1.
2.
Enforcement Conference Report
No. 50-255/90035(DRSS)
3.
Inspection Reports
No. 50-255/90019(DRSS)
No. 50-255/90028(DRSS)
No. 50-255/90030(DRSS)
4.
NRC Presentation
5.
Consumers Power Company
Presentation
See Attached Distribution
RI}W
Lougheed/db
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DD:OE
VtCL.f.'o-.~
Baker
12/12./90
Sincerely,
A. Bert Davis
Regional Administrator
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Distribution
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LPDR
SECY
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H~ Thompson. DEDS
J. Sniezek, DEDR
J. Liebennan, OE
L. Chandler, OGC
J. Goldberg, OGC
T. Murley, NRR
J. Partlow, NRR
Enforcement Coord1n~tors
RI, RII, RIV. RV
F. Ingram, GPA/PA
D. W1111ams 9 OIG
B. Hayes, OI
E. Jordan, AEOD
OE:ES
OE:Chron
OE:EA (2)
State of Michigan
RAO:RIII
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PAO:RIII
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Consumers Power Company
Distribution
cc w/enclosures:
Mr. D. VandeWalle, Director
Nuclear Licensing
Gerald B. Slade, General Manager
DCD/DCB (RIDS)
OC/LFDCB
Resident Inspector, RIII
James R. Padgett, Michigan Public
Service Commission
Michigan Department of
Public Health
Palisades, LPM, NRR
- 4 -
December 13, 1990
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Consumers Power Company
Distribution
LPDR
SECY
CA
H. Thompson, DEDS
J. Sniezek, DEDR
J. Lieberman, OE
L. Chandler, OGC
J. Goldberg, OGC
T. Murley, NRR
J. Partlow, NRR
Enforcement Coordinators
RI, RII, RIV, RV
F. Ingram, GPA/PA
D. Williams, OIG
B. Hayes, OI
E. Jordan, AEOD
OE:ES
OE:Chron
OE:EA (2)
State of Michigan
RAO:RIII
SLO:RIII
PAO: RII I
IMS: RI II
- 5 -
December 13, 1990