ML19249D425
| ML19249D425 | |
| Person / Time | |
|---|---|
| Site: | Washington State University |
| Issue date: | 09/07/1979 |
| From: | Engelken R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION V) |
| To: | Filby R WASHINGTON STATE UNIV., PULLMAN, WA |
| References | |
| NUDOCS 7909240638 | |
| Download: ML19249D425 (1) | |
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September 7, 1979 Docket No. 50-27 Washington State University Nuclear Radiation Center Pullman, Washington 99163 Attention:
R. H. Filby Gentlemen:
This Infonnation ?!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 flotice.
It is requested that the facility licensee provide copies of this In-formation flotice to all fiRC licensed individuals at the facility.
tio specific response is requested at this time.
If you have questions regarding this matter, please contact the Director of the appropriate ilRC Regional Office.
Sincerely, w, M R. H. Engelken Director
Enclosure:
IE Information flotice flo. 79-20, Revision 1 e
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SSIfts: 6870 Accession No:
7908220103 UNITED STATES NUCLEAR REGULATORY COMMISSION OFFICE OF INSPECTION AND ENFORCEf!EllT WASHINGTON, D.C. 20555 September 7, 1979 IE Infermation Notice No. 79-20 Rev. 1 flRC EtlFORCEMENT POLICY - flRC LICEtlSED INDIVIDUALS
Background:
In the past, i:RC licensed individuals have been cited by the flRC for failure to comply with the conditions of their licenses.
These items of noncompliance can sinerally be characterized as serious or repeated failures to follow reactor operating procedures.
Two recent events involving the radiation overexposure of flRC 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 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 sunmarize 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 NRC recognizes that timely actions by NRC licensed indivi-duals are an important part of safety.
Reliance on these actions is a part of the defense-in-depth concept.
Specifically, the f;RC 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))
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IE fnformation flotice fio. 79-20 Rev.1 September 7, 1979 Page 2 of 3 (3) Operation of mechanisms 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 f:RC licensed individual shall observe all applicable rules, regulations and orders of the Coninission, whether or not stated in the license (10 CFR 55.31(d))
The above requires the i!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 ?;RC licensed facilities continues to be as follows:
(1) The facility licensee is responsible for assuring that tho facility is operated within the requirements of the license, Technical Specifica-tions, rules, regulations, and Orders of the tiRC 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 On December 31, 1974, the then AEC sent a letter to all facility licensees containing the criteria for determining enforcerent 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 !!RC issued operator licenses i.ay be revoked, suspended or nodified 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 demonstrate 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 iiidepTridFrit aYtiori TTi~at results in signaticant actual or potential safety consequences; or (3) there is repefitive noncompliance with regulatory requirements-3-
P IE,Information llotice 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 systems (3) Defeat.sg alarms which have serious safety significance (4) Unauthorized abandoning of reactor controls (5) Knowingly taking actions that viciate TS Limiting Conditions for Operation The examples listed above involve the failure of an f!RC licensed individual to follow procedures and adhere to controls.
These are violations of fiRC require-ments.
In the past the fiRC has issued flotices 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 provided for in 10 CFR 55.50, have not been previously used against f1RC licensed individuals but nay be used if the circunstances warrant such action.
The Comission will continue to monitor the performance of fiRC licensed individuals and will continue to take the appropriate enforcement action against fiRC 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 f1RC Regional Office.
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