ML19249D407
| ML19249D407 | |
| Person / Time | |
|---|---|
| Site: | Vanowen, 05000375 |
| Issue date: | 09/07/1979 |
| From: | Engelken R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION V) |
| To: | Remley M ROCKWELL INTERNATIONAL CORP. |
| References | |
| NUDOCS 7909240621 | |
| Download: ML19249D407 (1) | |
Text
a Prg.
j y }
,, (k
+j UNITED STATES
,.( (.7 NUCLE AR REGULATORY COMMISSION
/
g
';,.]t
.. g nEGION V
/U 1990 N. CALIFOflNIA BOULEVARD C; ap' '
d SUITE 202, WALNUT CREEK PLAZA
- q
+4 WALNUT CREEK, CALIFOHNIA 94596 September 7, 1979 Docket flos. 50-94 50-375 Energy Systems Group Rockwell International Corporation P. O. Box 309 Canoga Park, California 9'304 Attention:
Dr. M. E. Realey, Manager Health Services and Radiation Safety Gentlemen:
This Information !!otice 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 I;otice.
It is requested that the facility licensee provide copies of this In-formation riotice to all llRC 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 llRC Regional Office.
Sincerely, I&rt vu:-
R. H. Engelken Director
Enclosure:
IE Information liotice tio. 79-20, Revision 1 190924u HI c
SSIlls: 6870 Accession No:
7908220108 UNITED STATES NUCLEAR REGULATORY C0f?lISSION OFFICE OF INSPECTION AND Ef!FORCEMEili WASHINGTON, D.C. 20555 September 7, 1979 IE Information Notice No. 79-20 Rev. 1 flRC ENFORdEMEllT POLICY - flRC LICEtlSED 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 nonconpliance can generally be characterized as serious or repeated failures to follow reactor operating procedures.
Two recent events involving the radiation overexposure 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 Information 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 the facility administrative procedures, and (2) To summarize the enforcement sanctions available to the NRC for use against licensed individtals.
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 flRC licensed individuals is no less important in the overall Regulatory scheme.
The NRC recognizes that timely actions by URC 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 nanipulate 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))
ct /
'C i
IE Information flotice flo. 79-20 Rev.1 September 7, 1979 Page 2 of 3 (3) Operation of mechanisms and apparatus otha 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 facility during specified conditions, and available or on call at other times during operation (10 CFR 50.54 (m))
(5) The ilRC licensed individual shall observe all applicable rules, regulations and orders of the Commission, whether or not stated in tne license (10 CFR 55.31(a))
The above requires the f;RC 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.
flRC policy for the responsibility for safe operation of ?;RC licensed facilities continues to be as follcws:
(1) The 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 NRC and for the actions of their employees.
(2) flRC 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.
Enforcement Sanctions On December 31, 1974, the then AEC sent a letter to all facility licensees containing the criteria for detennining enforcement action and the categories of noncompliance with AEC regulatory requirenents.
Those criteria and categories are applicable to I4RC licensed individuals as well as facility licensees.
Paragraph 55.40(b) of Title 10 of the Code of Federal Regulations prescribes that tiRC issued operator licenses may be revoked, suspended 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 denonstrate inattention to duties or disregard for requirements including technical specificatons and operating procedures; (2) the f;RC licensed individual fails to take a required action or takes an iiideliFndent action that results in significant actual or potential safety consequences; or
~(Wthere is repeti'tive noncompliance with regulatory requirements.
1
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 that violate TS 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-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 acuinst NRC licensed individuals but nay be used if the circunstances 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.
lo 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.
1