ML19249D406
| ML19249D406 | |
| Person / Time | |
|---|---|
| Site: | Aerotest |
| Issue date: | 09/07/1979 |
| From: | Engelken R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION V) |
| To: | Newacheck R AEROTEST OPERATIONS, INC. |
| References | |
| NUDOCS 7909240620 | |
| Download: ML19249D406 (1) | |
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! ji,, yf' o NUCLEAR REGULATORY COMMISSION 5,4'fd,l,"y//, g,E REGION V o,
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WALNUT CHEEK, CALIFORNIA 94596 September 7, 1979 Docket fio. 50-228 Aerotest Operations, Inc.
3455 Fostoria Way San Ramon, California 94583 Attention:
R. L. flewacheck President Gentlemen:
This Information Notice is being reissued to correct a word omission and a punctuation error that, when taken together, completely changed the intent of a statement. The changed statement is underlined in the test of the Information Notice.
It is requested that the facility licensee provide copies of this In-formation flotice to all NRC licensed individuals at the facility.
flo specific response is requested at this time.
If you have questions regarding this matter, please contact the Director of the appropriate f1RC Regional Office.
Sincerely, NpSG~
R. H. Engelken Director
Enclosure:
IE Inform
'on flotice flo. 79-20 Revision 1 n
620
SSIftS: 6870 Accession No:
7908220108 UilITED STATES NUCLEAR REGULATOP,Y C0f711SSION OFFICE OF IfiSPECTION AND Ef!FORCEMEflT WASHINGTON, D.C. 20555 Seotenber 7, 1979 IE Information ?!ctice No. 79-20 Rev. I fiRC EtlFORCEftEtlT POLICY - fiRC LICEflSED INDIVIDUALS
Background:
In the past, f!RC licensed individuals have been cited by the flRC 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 overexposure of fiRC licensed individuals through their violation of utility procedures, facil-ity Technical Specifications and the Code of Federal Regulations have raised questions about the exercise of their responsibilities.
The purpose of this Information f;otice is two-fold:
(1) To remind the flRC licensed individuals of their responsibilities, not only in the proper operation of the facility controls, but in compliance with the 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 fiRC requirements to assure that public health and safety are protected. The role of flRC licensed individuals is no less important in the overall Regulatory scheme.
The f;RC recogn'zes that timely actions by flRC licensed indivi-duals are an important part of safety.
Reliance on these actions is a part of the defense-in-depth concept.
Specifically, the flRC 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 tFe operation of the facility (10 CFR 50.54 (k))
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IE Information t!otice flo. 79-20 Rev.1 Septerrber 7,1979 Page 2 of 3 (3) Operation of mechanisms and apparatus other than controls which may indirectly affect the power level or reactivity o' a reactor shall only be accomplished with the knowledge and consent of an cperator licensed in accordance with Part 55 (10 CFR 50.54 (j))
(4) Licensed senior operators are required to be present at the facility during specified conditions, and available or on call at other times during operation (10 CFR 50.54 (m))
(5) The flRC licensed individual shall observe all applicable rules, regulations and orders of the Commission, whether or not stated in tne licersa (10 CFR 55.3;(c))
The above requires the ??RC licensed individual to comply with the requirements pertaining to the operation of the facility and nanipulation of its controls and to comply with radiation safety procedures implenenting 10 CFR 20.
IIRC policy for the responsibility for safe operation of t;RC licensed facilities continues to be as follows:
(1) hie facility licensee is responsible for assuring that the facility is operated within the requirements of the license, Technical Specifica-tions, rules, regulations, and Orders of the i;RC and for the actions of their employees.
(2) f!RC 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 affect on the health and safety of the public, plant workers or the individuals).
2.
Enforcenent Sanctions On December 31, 1974, the then AEC sent a letter to all facility licensees containing the criteria for determining enforcement action and the categories of noncompliance with AEC regulatory requirements.
Those criteria and categories are applicable to fiRC licensed individuals as well as facility licensees.
Paragraph 55.40(b) of Title 10 of the Code of Federal Regulations prescribes that.itRC issued operator licenses ray be revoked, suspended or modified for failure to observe any terms or conditions of any rule, regulation or Order of the Cormission, or any conduct determined to be a hazard to safe operation of the facility.
These would generally involve serious items of nonconpliance where: (1) the individuals' action clearly demons trate inattention to duties or disregard for requirements includir.g technical specificatons and operating procedures; (2) the I;RC licensed individual fails to take a required action or takes an iiidefieiidemMfori That results in significant actual or potential safety consequences; or T3T there is repetit,ve nonconpriance witn regulatory requ,rercerits; s
IE'Information Notice No. 79-20 Rev.1 September 7, 1979 Page 3 of 3 Examples of situations which could result in violations include:
(1)
Noting a serious violation of procedural requirements 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 tnat vicists 75 Limiting Conditions for Operation The examples listed above involve the failure of an NRC licensed individual to follow procedures and adhere to controls.
These are violations of NRC require-nents.
In the past the NRC has issued Notices of Violation, as provided for in 10 CFR 2.201, and suspended, nodified 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 circunstances warrant such action.
The Cormission will continue to monitor the performance of MRC 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-priate NRC Regional Office.
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