ML19209A783
| ML19209A783 | |
| Person / Time | |
|---|---|
| Site: | University of Michigan |
| Issue date: | 08/14/1979 |
| From: | James Keppler NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | Kerr W MICHIGAN, UNIV. OF, ANN ARBOR, MI |
| References | |
| NUDOCS 7910050386 | |
| Download: ML19209A783 (1) | |
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. 'o, UNITED STATES 8\\
ffi t NUCLEAR REGULATORY COMMISSION
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799 ROOSEVELT ROAD o
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Docket No. 50-2 AUG 141979 University of Michigan ATTN:
Dr. William Kerr, Director Michigan Memorial - Phoenix Project Phoenix Memorial Laboratory Ann Arbor, MI 48105 Gentlemen:
With this Information Notice the Nuclear Regulatory Commission is extending an existing mechanism previously used for informing facility licensees of significant operating events to include informing operator licensees of significant events which could impact on conditions of their NRC licenses.
It is requested that the facility licensec provide copies of this Information Notice to all NRC licensed individuals at the facility. No specific response is requested at this time.
If you have questions regarding this matter please contact the Director of the appropriate hTC Regional Office.
Sincerely, 2
N).
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James G. Keppler Director Enc (osure:
IE Information hotice No. 79-20 cc w/ enc 1:
Central Files Director, NRR/DPM Director, NRR/ DOR PDR NSIC TIC 1127 263 35F 6 7910050 9
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SSINS: 6870 Accession No:
7908090260 UNITED STATES NUCLEAR REGULATORY COMMISSION OFFICE OF INSPECTION AND ENFORCEMENT WASHINGTON, D.C. 20555 August 14, 1979 IE Information Notice No. 79-20 NRC ENr0T. CEMENT POLICY - NRC LL:ENSED INDIVIDUALS
Background:
In the past, NRC licensed individuals have been cited by the NRC for failure to comply with the conditions of their licenses.
These items of noncompliance can generally be characterized as serious or repeated failures to follow reactor operating procedures. Two recent events involving the radiation overexporure of NRC licensed individuals through their violation of utility procedures, facility Technical Specifications and the Code of Federal Regulations have raised questions about the exercise of their responsibilities.
The purpose of this Itiformation Notice is two-fold:
(1) To remind the NRC licensed individuals of their responsibilities, not only in the proper operation of the facility controls, but in compliance with ihe facility administrative procedures, and (2) To summarize the enforcement sanctions available to the NRC for use against licensed individuals.
Description of Circumstances:
1.
Responsibilities Facility licensees are charged with the responsibility to design, construct and operate their plants in accordance with NRC requirements to assure that public health and safety are protected.
The role of NRC licensed individuals is no less important in the overall Regulatory scheme.
The NRC recognizes that timely actions by NRC licensed indivi-duals are an important part of safety. Reliance on these actions is a part of the defense-in-depth concept.
Specifically, the NRC requires that:
(1) Only licensed operators are permitted to manipulate the controls that directly affect reactivity (10 CFR 50.54 (i))
(2) Licensed operators are required to be present at the controls at all times during the operation of the facility (10 CFR 50.54 (k))
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1E Information Notice No. 79-20 August 14, 1979 Page 2 of 3 (3) Operation of mechanisms and apparatus other than controls which may indirectly affect the power level or reactivity of a reactor shall only be accomplished with the knowledge and consent of an operator licensed in accordance with Part 55 (10 CFR 50.54 (j))
(4) Licensed senior operators are required to be present at the fac.ility during specified conditions, and available or on call at other times during operation (10 CFR 50.54 (m))
(5) The NRC licensed individual shall observe all applicable rules, regulations and orders of the Commission, whether or not stated in the license (10 CFR 55.31(d))
The above requires the NRC licensed individual to comply with the requirements pertaining to the operation of the facility and manipulation of its controls and to comply with radiation safety procedures implementing 10 CFR 20.
NRC policy for the responsibility for safe operation of NRC licensed facilities continues to be as follows:
(1) The facility licensee is responsible for assuring that the f acility is operated within the regr.irements of the license, Technical Specifica-tions, rules, regulatioas, Orders of the NRC and for the actions of their employees.
d' (2) NRC licensed individuals are responsible for taking timely and proper actions so as not to create or cause a hazard to " safe opera-tion of the facility" (i.e. actions or activities, including failure to take action, related to the facility which could have an adverse afface on the health and safety of the public, plant workers or the individuals).
2.
Enforcement Sanctions On December 31, 1974, the then AEC sent a letter to all facility licensees containing the criteria for datermining enforcement action and the categories of noncompliance with AEC regulatory requirements.
Those criteria and categories are applicable to NRC licensed individuals as well as facility licensees.
Paragraph 55 ' '5) of Title 10 of the Code of Federal Regulations prescribes tho6 NRC issued operator licenses may be revoked, suspc7ded or modified for failure to observe any terms or conditions of any rule, regulation or Order of the Commission, or any conduct determined to be a hazard to safe operation of the facility.
These would generally involve serious items of noncompliance where: (1) the individuals' action clearly demonstrate inattention to duties or disregard for requirements including technical specificatons and operating proce'dures; (2) the NRC licensed in t'idual takes (or fails to take) a required action that results in significant actual or potential safety consequences; or (3) there is repetitive noncompliance with regulatory requirements.
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4 IE Information Notice No. 79-20 August 14, 1979 Page 3 of 3 Examples of situations which could result in violations include:
i)
(1) Noting a serious violation of procedural requiregents and not taking corrective action.
(2) Unauthorized bypassing of required reactor safety systems (3)
Defeating alarms which have serious safety significance (4) Unauthorized abandoning of reactor controls (5) Knowingly taking actions that violate TS Limiting Conitions for Operation The examples listed above involve the failure of a NRC licensed individual to follow procedures and adhere to controls.
These are violations of NRC require-ments. In the past the NRC has issued Notices of Violation, as provided for in 10 CFR 2.201, and suspended, modified or revoked the license, as provided for in 10 CFR 55.40 (b), of NRC licensed individuals.
The issuance of civil monetary penalties, as provided for in 10 CFR 2.205 and 10 CFR 55.50, or criminal charges, as provided for in 10 CFR 55.50, have not been previously used against NRC licensed individuals but may be used if the circumstances warrant such action.
The Commission will continue to monitor the performance of NRC licensed individuals and will continue to take the appropriate enforcement action against NRC licensed individuals.
No written response to this Information Notice is required.
If you have questions regarding this matter, please contact the Director of the appro-prisce NRC Regional Office.
e
Enclosure:
List of IE Information Notices Issued in 1979 li27 266
IE Information Notice No. 79-20 Enclosure August 14, 1979 Page 1 of 2 LISTING OF IE INFORMATION NOTICES ISSUED IN 1979 11
'i
Information Subj ect Date Issued To
- Notice No.
Issued
'79-01 Bergen-Paterson Hydraulic 2/2/79 All power reactor Shock and Sway Arrestor facilities with an OL or a CP 79-02 Attempted Extortion -
2/2/79 All Fuel Facilities Low Enriched Uranium 79-03 Limitorque Valve Geared 2/9/79 All power reactor Limit Switch Lubricant facilities t 4th an OL or a CP 79-04 Degradation of 2/16/',3 All power reactor Engineered facilities with an Safety Features OL or a CP 79-05 Use of improper Materials 3/21/79 All power reactor in Safety-Related Components facilities with an OL or CP g
79-06 Stress Analysis of 3/23/79 All Holders of Safety-Related Piping Reactor OL or CP 79-07 Rupture of Radvaste Tanks 3/26/70 All power reactor facilities with an OL or CP 79-08 Interconnection of 3/28/79 All power reactor Contaminated Systems with facilities with an Service Air Systems Used OL and Pu Processing As the bource of Breathing fuel facilities Air 79-09 Spill of Radioactively 3/30/79 All power reactor Contaminated Resin facilities with an OL
~79-10 Nonconforming Pipe 4/16/79 All power reactor Support Struts facilities with a CP 79-11 Lower Reactor Vessel Head 5/7/79 All holders of Reactor Insulation Support Problem OLs and cps 1i27 267
e IE Information Notice No. 79-20 Enclosure August 14, 1979 Page 2 of 2 LISTING OF IE INFORMATION NOTICES ISSUED IN 1979 l'Information Subject Date Issued To
-Notice No.
Issued
'I9-12 Attempted Damage to New 5/11/79 All Fuel Facilities Fuel Assemblies Research Reactors, and Power Reactors with an OL or CP 79-13 Indication of Low Water 5/29/79 All Holders of Reactor Level in the Oyster Creek OLs and cps Reactor 79-14 NRC Position of Electrical 6/11/79 All Power Reactor Cable Support Systems Facilities with a CP 79-15 Deficient Procedures 6/7/79 All Holders of Re. tor OLs and cps 79-16 Nuclear Incident at Three 6/22/79 All Research Reactors Mile Island and Test Reactors with OLs 79-17 Source Holder Assembly Damage 6/20/79 All Holders of Reactor Damage From Misfit Between OLs and cps Assembly and Reactor Upper Crid Plate 79-18 Skylab Reentry 7/5/79 All Holders of Reactor OLs 79-19 Pipe Cracks In Stagnant 7/17/79 All Holders of Reactor Borated Water Systems At OLs and cps FWR Plants a
ii27 268