ML19249D414
| ML19249D414 | |
| Person / Time | |
|---|---|
| Site: | 05000106, Oregon State University |
| Issue date: | 09/07/1979 |
| From: | Engelken R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION V) |
| To: | Popovich M Oregon State University, CORVALLIS, OR |
| References | |
| NUDOCS 7909240627 | |
| Download: ML19249D414 (1) | |
Text
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1990 N. C AllF OHNI A E10UL EVA RD S j ' \\.D SulTE 202, WALNUT CREE K PLAZA 9 * *
- e *,o WALNUT CREEK, CALIFORNI A 94596 September 7, 1979 Docket flos. 50-243 50-106 Oregon State liniversity Radiation Center Corvallis, Gregon 97331 i
Attention:
M. Popovich, Vice President Administration Gentlemen:
This Information Notice is being reissued to correct a word omission ar.d a punctuation error that, when taken together, ccmpletely 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 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 NRC Regional Office.
Sincerely, t%qes{
R. H. Engelken Director
Enclosure:
IE Information Notice No. 79-20, Revision 1
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m SSIllS: 6870 Accession flo:
7908220108 Uf1ITED STATES NUCLEAR REGULATORY C0fMISSION OFFICE OF INSPECTION Afl0 Ef!FORCEf:EllT UASHIf!GT0ft, D.C. 20555 September 7, 1979 IE Ir'cr ation flotice h'o. 79-20 Rev. I flRC EflFORCEf1EllT POLICY - f1PC LICEllSED If;DIVIDUALS
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 nonconpliance can generally be characterized as serious or repeated failures to follow reactor operating procedures.
Two recent events involving the radiation overexposure of i;RC 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 flotice is two-fold:
(1) To remind the fiRC 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 sunrarize the enforcement sanctions available to the fiRC 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 f;RC licensed individuals is no less important in the overall Regulatory scheme.
The fiRC recognizes that timely actions by fiRC 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 59.54 (k))
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IE Infonnation flotice fio. 79-20 Rev.1 September 7, 1979 Page 2 of 3 (3) Operation of nechanisns 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 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, reculations and orders of the Commission, whether or not stated in tne license (10 CFR 55.31(a))
The above requires the fiRC lice 1 sed 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 inplenenting 10 CFR 20.
f1RC policy for the responsibility for safe operation of f1RC licensed facilities continues to be as follows:
(1) The facility licensee is responsible for assuring that the facility is operated within the requirerents of the license, Technical Specifica-tions, rules, regulations, and Orders of the f;RC and for the actions of their employees.
(2-) fiRC 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 requirements.
Those criteria and categories are applicable to flRC iicensed individuals as well as facility licensees.
Paragraph 55.40(b) of Title 10 of the Code of Federal Regulations prescribes that fiRC 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 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 procedures; (2) the flRC licensed individual fails to take a required action or takes an indepetiderTC 6Erftiri that results in s1griticant actual or pofential safety consequences; or T7there is repefiT1ve nonconpTiance vTith regulatory require;iteWs7 G
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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) v.r.iir.;1y taking actions that violate 75 Limiting Conditicos for r
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 MRC 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 nay be used if the circunstances warrant such action.
The Cormission will continue to monitor the performance of NRC licensed individuals and will continue to take the appropriate enforcement action against NRC licensed indiliduals.
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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