ML19249D413
| ML19249D413 | |
| Person / Time | |
|---|---|
| Site: | 05000394 |
| Issue date: | 09/07/1979 |
| From: | Engelken R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION V) |
| To: | Gordon R CALIFORNIA POLYTECHNIC STATE UNIV., SAN LUIS OBISPO |
| References | |
| NUDOCS 7909240626 | |
| Download: ML19249D413 (1) | |
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UNITED STAT ES e
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WALNUT CREE K, CALIF ORNI A 9459G September 7, 1979 Docket flo. 50-394 California Poly. Stete University San Luis Obispo, California 93401 Attention:
R. G. Gordon, Department Head Mechanical Engineering Department 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 iiotice.
It is requested that the facility licensee provide copies of this In-formation ilotice to all flRC 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 flRC Regional Office.
Sincerely, SCf%m (L c
R. H. Engelken Director
Enclosure:
IE Information Notice No. 79-20, Revision 1 o
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SSIflS: 6870 Accession No:
7908220108 UNITED STATES NUCLEAR REGULATORY CCCIISSION OFFICE Of INSPECTION AND ENFGPCEf4ENT WASHINGTON, D.C. 20555 September 7, 1979 IE Information Notice No. 79-20 Rev. 1 flRC ENFORCEMENT POLICY - lIRC LICENSED INDIVIDUALS
Background:
In the past, fmc 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 f RC licensed individuals througb their violation of utility procedures, facility Technical Specifications and toe Code of Federal Regulations have raised ques tions about the exercise of their responsibilities.
Th( purpose of this Information Dotice 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 adrinistrative 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 noerate their plants in accordance with NRC requirenents to assure that'public health and safety arc protected. The role of flRC licensed individuals is no less important in the overall Regulctory scheme.
The !!RC recognizes that timely actions by flRC licensed indivi-duals are an important part of safety.
Reliance on these actions is a i part of the defense-in-depth concept.
Specifically, the NRC requires that:
(1) Only licensed operators are perritted 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 Auring th? operation of the facility (10 CFR 60.54 (k))
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if IE Information flotice flo. 79-20 Rev.1 Septerrber 7,1979 L
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![t-(3) Operation of rechanisns 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 1
licensed in accordance with Part 55 (10 CFR 50.54 (j))
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t (4) Licensed senior operators are required to be present at the facility during specified conditions, and available or on call at other times k
during operation (10 CFR 50.54 (m))
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(5) The t!RC licensed individual shall observe all applicable rules,
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regulations and orders of the Comission, whether or not stated in f
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3 The above requires the t'RC licensed individual to coroly with the requirements pertaining to the coeration of the facility and nanipulation of its controls j
and to comply with radiation safety procedures frplerenting 10 CFR 20.
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s flRC policy for the responsibility for saft. operation of tiRC licensed facilities continues to be as follows.
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(1) The facility licensec is responsible for 6ssutw; that the facility is
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operated within the requirerents of the license, Technical Specifica-tions, rules, regulttions, and Orders of the f;RC and for the actions of j
their employees.
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(2) f!RC licensed individuals are responsible for taking timely and il proper actions so as not to create or cause a hazard to " safe opera-i tion of the facilit3 (i.e. actions or activities, including failure to take action, related to the facility which could have an adverse 3
affect on the health and safety of the public, plant workers or the j
i individuals).
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2.
Enforcement Sanctions On December 31, 1974, the then AEC sent a letter to all facility licensees e
containing the criteria for determining enforcement action and the categories
- f of noncompliance with AEC regulatory requirenents.
Those criteria and categories are applicable to liRC licensed individuals as well as facility l,
licensees.
Paragraph 55.40(b) of Title 10 of the Code of Federal Regulations prescribes that liRC issued operator licenses nay be revoked, suspended or i
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 hazerd 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 I
technical specificatons and operating procedures; (2) the fiRC licensed individual fails to take a required action or takes an iiiErieTErTt actMn
~that results in s16Hf'1 cant actuel or potential safety consequences; or Wtliere is repetIfive rionconpTiance with regula~ tory requiremenfs7
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IE Infornation flotice fio. 79-20 Rev.1 September 7, 1979 Page 3 of 3 Examples of situations which could result in violations include:
(1) floting a serious violation of procedural requirements and not taking corrective action.
(2) Unauthorized bypassing of required reactor safety systens (3) Defeating alarms which have serious safety significance (4) Unauthorized abandoning of reactor controls (5) rr winc'y ttkirg actions that "i:' ate TS Limiting Conditions for Operation The examples listed above involve the failure of an fiRC licensed individual to follow procedures and adhere to controls.
These are violations of fiRC require-nents.
In the past the fiRC has issued fictices of Violation, as provided for in 10 CFR 2.201, and suspended, codified or revoked the license, as provided for in 10 CFR 55.40 (b), of flRC 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 fiRC licensed individuals but may be used if the circunstances warrant such action.
The Cormission will continue to monitor the performance of fiRC licensed individuals and will continue to take the appropriate enforcenent action against flRC licensed individuals.
flo written response to this Information flotice is required.
If you have questions regarding this natter, please contact the Director of the appro-priate flRC Regional Office.
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