ML19249D420
| ML19249D420 | |
| Person / Time | |
|---|---|
| Site: | University of California - Irvine |
| Issue date: | 09/07/1979 |
| From: | Engelken R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION V) |
| To: | Mcgaugh J CALIFORNIA, UNIV. OF, IRVINE, CA |
| References | |
| NUDOCS 7909240633 | |
| Download: ML19249D420 (1) | |
Text
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SUIT E 202, V.'ALfiUT CHEE K PL AZ A WALNUT CREEK, CALIFOHNI A 94L96 September 7, 1979 Docket flo. 50-326 University of California, Irvine Department of Chemistry Irvine, California 92717 Attention:
J. L. ficGaugh Vice Chancellor 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 flotice.
It is requested that the facility licensee provide copies of this In-formation fiotice 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,
/ gay cff_
R. H. Engelken Director
Enclosure:
IE Information Notice fio. 79-20, Revision 1 d
7969240 [ 3 3
SSIflS: 6870 Accession flo:
7908220108 UflITED STATES fiUCLEAR REGULATORY C0f711SSION OFFICE OF INSPECTION AfiD Ef!FORCEMENT WASHIfiGTON, D.C. 20555 September 7, 1979 IE Infor ation flotice flo. 79-20 Rev. I flRC EtlFORCEf1ENT POLICY - flRC LICEllSED IflDIVIDUALS
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 f!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 summarize the enforcement sanctions available to the flRC for use against licensed individuals.
Description of Circumstances:
1.
Responsibilities Fecility licensees are charged with the responsibility to design',
construct and operate their plants in accordance with flRC 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 f;RC recognizes 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 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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IE Inf.ormation riotice flo. 79-20 Rev.1 September 7, 1979 Page 2 of 3 Operation of nechanisns and apparatus other than controls which may (3) 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 !!RC licensed individual shall observe all applicable rules, regulations and orders of the Conmission, whether or not stated in the license (10 CFR 55.31(d))
The above requires the t;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 inplementing 10 CFR 20.
flRC policy for the responsibility for safe operation of i;RC licensed facilities continues to be as follows:
(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 l;RC and for the actions of their employees, (2) ?!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, olant workers or the individuals).
2.
Enforcement Sanctions 31, 1974, the then AEC sent a letter to all facility licensees On December containing the criteria for determining enforcement action and the categories of noncompliance with AEC regulatory requirements.
Those criteria and categories are applicable to f1RC licensed individuals as well as facility licensees.
Paragraph 55.40(b) of Title 10 of the Code of Federal Regulations prescribes that liRC issued operator licences 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 These would generally involve hazard to safe operation of the facility.
serious items of noncompliance where: (1) the individuals' action clearly dencnstrate inattention to duties or disregard for requirements including technical specificatons and operating procedures; (2) the fiRC licensed individual fails to take a required action or takes an iiidspiddEnt actT66 That results in significant actual or poteiiYi'al safety consequences; or TJ) there is repetitive nonconpliance with regulatory requirements ~-
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IE Information flotice !!o. 79-20 ?ov.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 systems (3) Defeating alarms which have serious safety significance (4) Unauthorized abandoning of reactor controls (5) Knowingly taking actions that violate T5 Limiting Conditions for Operation The examples listed above involve the failure of an fiRC licensed individual to follow procedures and adhe e to controls.
These are violations of flRC require-ments.
In the past the f!Rd has issued liotices 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 f1RC 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 providest for in 10 CFR 55.50, have not been previously used against fRC licensed incividuals but may be used if the circunstances warrant such action.
The Cormission will continue to nonitor the performance of f1RC 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 matter, please contact the Director of the appro-priate f;RC Regional Office.
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